In other words, the latter obligation is seen as a part of the stowage of the wares.

If it is the intention of the parties that the clause makes the cargo side responsible for loading, stowage or discharging, a carrier may be relieved from liability for the consequences of improper stowage, but only within the scope of the liability system outlined in article 17 (previously 14).

It follows that loading, stowage and discharging is without prejudice to all other obligations of the carrier, such as its due diligence obligation.

Other jurisdictions rely on the act or omission of the shipper' exception in order to relieve the carrier from the consequences of improper stowage of the cargo.

In practice, however, the problem is not only that the stowage of the wares inside the container is bad, but that the container itself is in such a bad condition that it cannot withstand the carriage.

The shipper must deliver the goods ready for carriage, unless otherwise agreed in the contract of carriage, and in such condition that they will withstand the intended carriage, including their loading, handling, stowage, lashing and securing, and discharge, and that they will not cause injury or damage.