Even when there is no express or implied agreement for under-deck stowage, it may well be a fundamental breach of the contract of carriage to stow cargo on deck which is not suitable for on-deck carriage.
Goods are not suitable for deck carriage if they are not packed in such a way as to be protected from contact with sea water which could occur during the voyage and which, if it did occur, would inevitably or probably cause damage to the goods. For example, sensitive machinery transported in a flat or open-top container should not be carried on deck.
