Such declarations typically state that:
If the shipper insists on loading despite unfavorable weather, the carrier shall not be liable for any damage caused by weather conditions during transportation.
However, once signed, the shipper may face several legal and insurance implications:
Waiver of Claim Rights
The declaration effectively transfers the weather-related risks to the shipper.
Even if part of the cargo damage results from the carrier’s negligence—such as poor lashing, improper stowage, or water ingress—the carrier may still invoke the declaration to deny liability.
Burden of Proof
In the event of cargo damage, the shipper bears the responsibility to prove that the loss was not due to weather but rather due to carrier negligence—an extremely difficult task in practice.
Insurance Coverage Risk
Most cargo insurance policies (e.g., ICC(A)) may exclude or limit coverage if the insured voluntarily assumes additional risk by signing such a waiver.
Insurers may argue that the insured “expanded the risk at own will.”
Operational Hazard
Loading and unloading operations under severe weather inherently increase the likelihood of cargo slippage, water exposure, and physical damage.
【Recommendations】
Avoid signing broad waiver clauses.
If unavoidable, include a reservation clause such as:
“This declaration shall not exempt the carrier from liability arising from negligence, improper stowage, or failure to exercise due diligence.”
Verify cargo insurance coverage and obtain written confirmation that the insurer will cover such weather-related risks.
Negotiate postponement of loading or keep written records of weather conditions and related communications to preserve possible claim rights.
【Conclusion】
Safety and liability protection are equally vital in maritime logistics.
When requested to issue a weather-related declaration, shippers should always maintain written documentation and clearly define liability boundaries to safeguard both operational continuity and financial interests.
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