Article 102. Exemption of the carrier from the liability of the Merchant Shipping Act
1. The carrier is released from liability for the loss, shortage or damage (spoilage) of the cargo, as well as for the delay in its delivery, if he proves that the loss, shortage, damage (spoilage) or delay occurred as a result of:
1) force majeure;
2) hazards or accidents at sea and in other navigable waters;
3) measures to save people or property at sea;
4) a fire caused by no fault of the carrier;
5) actions or orders of state bodies (detention, arrest, quarantine, etc.);
6) military operations;
7) actions (inaction) of the sender or recipient;
8) hidden defects of the cargo, its properties or natural loss;
9) hidden disadvantages of packaging and cargo packaging;
10) insufficiency or ambiguity of cargo markings;
11) strikes or other circumstances that have caused the suspension or restriction of the operation of the seaport in whole or in part;
12) other circumstances that have arisen through no fault of the carrier, its employees or agents.
2. The carrier is released from liability for the loss, shortage or damage (spoilage) of the cargo, unless the recipient proves that the loss, shortage or damage (spoilage) of the cargo accepted for carriage was caused by the fault of the carrier, in the event of arrival at the port of destination of the cargo:
1) in serviceable cargo spaces with serviceable sender seals;
2) in a serviceable container without traces of opening on the way;
3) accompanied by a representative of the sender or recipient;
4) in other circumstances, indicating the absence of fault of the carrier.
The Law of the Republic of Kazakhstan dated January 17, 2002 No. 284.
This Law defines the legal, organizational, economic and international foundations of public administration in the field of merchant shipping and regulates relations related to the transportation of passengers, baggage and cargo, ensuring safety in maritime transport and environmental protection.
President
Republic of Kazakhstan
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