shipped on deck clause

[ucp800]

Dear Expert,

May I ask for your opinion of the following:



B/L bearing the chop showing the clause :

CARGO LOAD / UNLOAD, LASHED, MULTI STACKING, MODE ON STOWAGE
AND CARGO SHIPPED ON DECK AT SHIPPER’S RISK, THE CARRIER IS NOT
RESPONSIBLE FOR LOSS OR DAMAGE HOWEVER / WHATSOEVER CAUSED.

Please comment whether the discrepancy is valid or not?

For your reference:
Article 26 a. A transport document must not indicate that the goods are or will be loaded on deck. A clause on a transport document stating that the goods may be loaded on deck is acceptable.

Thank you for your assistance.

Regards,
ucp 600

[malla]

Hi

its not acceptable though it shows at shipper's risk.therefore it is a clear discrepancy as per A(26).





malla

[berry]

i feel it like a standard clause. the line does not expressly says that the cargo is loaded on deck rather covers may other issues. its a clause not to be considered.