2. Under the Carriage of Goods by Sea Act

Prescription

Commonwealth Act No. 65, Sections 3(6) and 6¹; Code of Commerce, Article 366²

Under Section 3(6) of COGSA (Commonwealth Act No. 65), the carrier and ship are discharged from liability unless suit is brought within one year after delivery of the goods or the date they should have been delivered.

Section 6 (special agreements for particular goods). Notwithstanding the provisions of the preceding sections, a carrier, master or agent of the carrier, and a shipper shall, in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness (so far as the stipulation regarding seaworthiness is not contrary to public policy), or the care or diligence of his servants or agents in regard to the loading, handling stowage, carriage, custody, care, and discharge of the goods carried by sea: Provided, That in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.

Article 366

Within the twenty-four hours following the receipt of the merchandise a claim may be

brought against the carrier on account of damage or average found therein on opening

the packages, provided that the indications of the damage or average giving rise to the

claim can not be ascertained from the exterior of said packages, in which case said

claim would only be admitted on the receipt of the packages.

After the periods mentioned have elapsed, or after the transportation charges have

been paid, no claim whatsoever shall be admitted against the carrier with regard to the

condition in which the goods transported were delivered.