What is the scope of the Carriage of Goods by Sea Act 1991?

The Carriage of Goods by Sea Act 1991 (COGSA) applies to contracts of carriage of goods by sea to or from ports of the United States, or between ports of the U.S. or ports of foreign countries. COGSA covers only the physical movement of cargo from port to port. It does not cover the performance of contracts for the sale of goods or contracts for the carriage of goods by land or air, which must be governed by other applicable laws. In Virginia, COGSA applies to any goods transported by sea from a port in the state of Virginia, either to another port in the U.S. or to a foreign port. COGSA also applies to any laden or empty ship in Virginia waters, as well as any goods loaded onto the ship in Virginia. COGSA is primarily concerned with the duties of the carrier to transport the goods safely and in a timely manner, and to provide the shipper with reasonable notice of the ship’s arrival and departure periods. In addition, COGSA also governs the provisions of marine insurance, bills of lading, and other documents necessary for the transport of goods, as well as the liability of the carrier for any loss or damage to the goods. The Carriage of Goods by Sea Act 1991 provides important protections for shippers, carriers, and other entities involved in the cargo transport process. It is important for all parties to be familiar with COGSA in order to understand their rights and responsibilities in any transaction involving the transport of goods via sea.

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