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Bills of lading and application of Rules.
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33.—(1) Without prejudice to Article X (c) of the Rules, the Rules shall have the force of law in relation to—
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(a) any bill of lading if the contract contained in or evidenced by it expressly provides that the Rules shall govern the contract, and
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(b) any receipt which is a non-negotiable document marked as such if the contract contained in or evidenced by it is a contract for the carriage of goods by sea which expressly provides that the Rules are to govern the contract as if the receipt were a bill of lading,
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but subject, in a case where paragraph (b) applies, to any necessary modifications and, in particular, with the omission in Article III of the Rules of the second sentence of paragraph 4 and of paragraph 7.
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(2) If and so far as the contract contained in or evidenced by a bill of lading or receipt referred to in paragraph (a) or (b) of subsection (1) applies to deck cargo or live animals, the Rules shall, so far as they have the force of law by virtue of that subsection, have effect as if Article I (c) of the Rules did not exclude deck cargo and live animals.
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(3) Subject to the provisions of this section, nothing in this Part shall be taken as applying anything in the Rules to any contract for the carriage of goods by sea, unless the contract expressly or by implication provides for the issue of a bill of lading or any similar document of title.
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(4) In this section “deck cargo” means cargo which by the contract of carriage concerned is stated as being carried on deck and is so carried.
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