226. Effect of exceptions on undertaking of seaworthiness during loading.

The shipowner is presumptively not protected against the consequences of a breach of the undertaking of seaworthiness during loading by the ordinary exceptions from liability contained in the charter1, since these prima facie are construed as relating only to his liability as carrier2 and not to the undertaking to render the ship seaworthy at the stage of loading3. An intention to exclude or qualify the latter undertaking must be expressly stated4, and must be clear and unambiguous5. Few if any forms relieve the shipowner entirely from his duty to make the ship seaworthy