Deck Clause - General
Carried on deck at shipper’s risk without responsibility for loss or damage howsoever caused.
Deck Clause U.S.A.
Carried on deck with the shipper’s agreement and at shipper’s risk as to perils inherent in such carriage but in all other respects subject to the provisions of the United States Carriage of Goods by Sea Act, 1936.
Deck Clause - Commentary
Suitable for
Bills of lading and Waybills.
Purpose
The Hague-Visby Rules do not apply to cargo carried on deck. It is therefore possible for the carrier to exclude liability but only if the cargo is actually stowed on deck and that the fact that the cargo is carried on deck is clearly stated on the face of the bill of lading.
P&I Cover
If cargo is carried on deck without the use of suitable clausing on the bill of lading, this may amount to a deviation in the sense of a departure from the contractually agreed method of carriage. The carriers may therefore be responsible for liabilities in excess of the Hague-Visby Rules for which there would be no P&I cover, unless additional insurance has been arranged. P&I cover is excluded for liabilities arising under a bill of lading or similar document which should have been claused to show that the cargo was carried on deck but was not so claused (Rule 5.2.5c).