§190. Stipulations relieving from liability for negligence

It shall not be lawful for the manager, agent, master, or owner of any vessel transporting merchandise or property from or between ports of the United States and foreign ports to insert in any bill of lading or shipping document any clause, covenant, or agreement whereby it, he, or they shall be relieved from liability for loss or damage arising from negligence, fault, or failure in proper loading, stowage, custody, care, or proper delivery of any and all lawful merchandise or property committed to its or their charge. Any and all words or clauses of such import inserted in bills of lading or shipping receipts shall be null and void and of no effect.

(Feb. 13, 1893, ch. 105, §1, 27 Stat. 445 .)

Short Title

Act Feb. 13, 1893, enacting this section and sections 191 to 196 of this Appendix, is popularly known as the "Harter Act".

Effective Date

Section 8 of act Feb. 13, 1893, provided: "That this act [enacting this section and sections 191 to 196 of this Appendix] shall take effect from and after the first day of July, eighteen hundred and ninety-three."

Cross References

Clause, covenant or agreement relieving carrier or ship from liability for loss or damage arising from negligence, fault or failure in duties and obligations provided, to be null and void, see section 1303 of this Appendix.

Transportation of live animals, section inapplicable, see section 195 of this Appendix.

Section Referred to in Other Sections

This section is referred to in sections 194, 195, 196, 1311 of this Appendix.