“CARRIED ON DECK WITHOUT LIABILITY TO THE CARRIER FOR LOSS OR DAMAGE HOWSOEVER CAUSED”, or “CARRIED ON DECK AT SHIPPER’S RISK”, or words to that effect.
Any innocent transferee of the bill of lading acting in good faith (i. e. a third party obtaining title in the cargo by transfer of the bill of lading) will then know the risks attaching to the goods he is gaining title to. It would not be fair to transfer a bill of lading in respect of deck cargo without declaring to the transferee that the goods to which he has obtained title are on deck and may therefore be exposed to sea water damage, etc.
