(1) Despite any agreement to the contrary it is an implied term of every contract whether express or implied, relating to service on board a ship that—
(a) the owner of the ship;
(b) the master; and
(c) every agent charged with the loading of the ship or with the preparation of the ship for sea, or the sending of the ship to sea;
are bound to use all reasonable means to ensure the seaworthiness of the ship for the voyage at the time when the voyage commences and to keep the ship in a seaworthy condition throughout the voyage.
(2) This section does not make the owner of a ship liable by reason of the ship being sent to sea in an unseaworthy state when, owing to special circumstances, the sending of the ship to sea in that state was reasonable and justifiable.