The refrigerated motor vessel m.v. "Dolce Vita" was contracted to carry a shipment of bananas from Veracruz, Mexico to the port of Genua in Italy under a Bill of Lading. When the bananas arrived, over half the consignment appeared bruised and brown.

The cargo-interested party, Fiesta Fruit and Vegetables S.A. of Rome was livid. The owner asked to speak to the master of the vessel, told him he would sue the carrier and called in expert maritime surveyors Van Ameyde of Rotterdam to report on the cargo and the state of the vessel. The surveyors quickly realize there has been a huge storm of 7-8 on the scale of Beaufort during the voyage.

1.Please set out the liability situation of the carrier of the m.v. "Dolce Vita" under the Hague Visby Rules 1968 (HVR), which apply when goods are carried by a common carrier under a Bill of Lading in this situation.

2.Later on, when inspecting the vessel's machine room and the logbook, the surveyors find out that the refrigeration of the vessel was already dysfunctional when inspected in Veracruz. Please set out the legal consequences of this situation.

Please refer to relevant legislation and case law!