CONVENTION
ON THE CONTRACT FOR THE INTERNATIONAL
CARRIAGE OF GOODS BY ROAD (CMR) (Geneva,
19 May 1956)
PREAMBLE
THE CONTRACTING
PARTIES,
HAVING RECOGNIZED the desirability
of standardizing the conditions
governing the contract for the
international carriage of goods
by road, particularly with respect
to the documents used for such
carriage and to the carrier's
liability,
HAVE AGREED AS FOLLOWS:
CHAPTER I - SCOPE OF APPLICATION
Article 1
1. This Convention
shall apply to every contract
for the carriage of goods by
road in vehicles for reward,
when the place of taking over
of the goods and the place designated
for delivery, as specified in
the contract, are situated in
two different countries, of
which at least one is a Contracting
country, irrespective of the
place of residence and the nationality
of the parties.
2. For the purpose of this Convention,
"vehicles" means motor vehicles,
articulated vehicles, trailers
and semi-trailers as defined
in Article 4 of the Convention
on Road Traffic dated 19 September
1949.
3. This Convention shall apply
also where carriage coming within
its scope is carried out by
States or by governmental institutions
or organizations.
4. This Convention shall not
apply:
(a) To carriage performed under
the terms of any international
postal convention;
(b) To funeral consignments;
(c) To furniture removal.
5. The Contracting Parties agree
not to vary any of the provisions
of this Convention by special
agreements between two or more
of them, except to make it inapplicable
to their frontier traffic or
to authorize the use in transport
operations entirely confined
to their territory of consignment
notes representing a title to
the goods.
Article 2
1. Where the vehicle
containing the goods is carried
over part of the journey by
sea, rail, inland waterways
or air, and, except where the
provisions of Article 14 are
applicable, the goods are not
unloaded from the vehicle, this
Convention shall nevertheless
apply to the whole of the carriage.
Provided that to the extent
that it is proved that any loss,
damage or delay in delivery
of the goods which occurs during
the carriage by the other means
of transport was not caused
by an act or omission of the
carrier by road, but by some
event which could only have
occurred in the course of and
by reason of the carriage by
that other means of transport,
the liability of the carrier
by road shall be determined
not by this Convention but in
the manner in which the liability
of the carrier by the other
means of transport would have
been determined if a contract
for the carriage of the goods
alone had been made by the sender
with the carrier by the other
means of transport in accordance
with the conditions prescribed
by law for the carriage of goods
by that means of transport.
If, however, there are no such
prescribed conditions, the liability
of the carrier by road shall
be determined by this Convention.
2. If the carrier by road is
also himself the carrier by
the other means of transport,
his liability shall also be
determined in accordance with
the provisions of paragraph
1 of this Article, but as if,
in his capacities as carrier
by road and carrier by the other
means of transport, he were
two separate persons.
CHAPTER II - PERSONS FOR WHOM
THE CARRIER IS RESPONSIBLE
Article 3
For the purposes
of this Convention the carrier
shall be responsible for the
acts and omissions of his agents
and servants and of any other
persons of whose services he
makes use for the performance
of the carriage, when such agents,
servants or other persons are
acting within the scope of their
employment, as if such acts
or omissions were his own.
CHAPTER III - CONCLUSION AND
PERFORMANCE OF THE CONTRACT OF CARRIAGE
Article 4
The contract of
carriage shall be confirmed
by the making out of a consignment
note. The absence, irregularity
or loss of the consignment note
shall not affect the existence
or the validity of the contract
of carriage which shall remain
subject to the provisions of
this Convention.
Article 5
1. The consignment
note shall be made out in three
original copies signed by the
sender and by the carrier. These
signatures may be printed or
replaced by the stamps of the
sender and the carrier if the
law of the country in which
the consignment note has been
made out so permits. The first
copy shall be handed to the
sender, the second shall accompany
the goods and the third shall
be retained by the carrier.
2. When the goods which are
to be carried have to be loaded
in different vehicles, or are
of different kinds or are divided
into different lots, the sender
or the carrier shall have the
right to require a separate
consignment note to be made
out for each vehicle used, or
for each kind or lot of goods.
Article 6
1. The consignment
note shall contain the following
particulars:
(a) The date of the consignment
note and the place at which
it is made out;
(b) The name and address of
the sender;
(c) The name and address of
the carrier;
(d) The place and the date of
taking over of the goods and
the place designated for delivery;
(e) The name and address of
the consignee;
(f) The description in common
use of the nature of the goods
and the method of packing, and,
in the case of dangerous goods,
their generally recognized description;
(g) The number of packages and
their special marks and numbers;
(h) The gross weight of the
goods or their quantity otherwise
expressed;
(i) Charges relating to the
carriage (carriage charges,
supplementary charges, customs
duties and other charges incurred
from the making of the contract
to the time of delivery);
(j) The requisite instructions
for Customs and other formalities;
(k) A statement that the carriage
is subject, notwithstanding
any clause to the contrary,
to the provisions of this Convention.
2. Where applicable, the consignment
note shall also contain the
following particulars:
(a) A statement that trans-shipment
is not allowed;
(b) The charges which the sender
undertakes to pay;
(c) The amount of "cash on delivery"
charges;
(d) A declaration of the value
of the goods and the amount
representing special interest
in delivery;
(e) The sender's instructions
to the carrier regarding insurance
of the goods;
(f) The agreed time-limit within
which the carriage is to be
carried out;
(g) A list of the documents
handed to the carrier.
3. The parties may enter in
the consignment note any other
particulars which they may deem
useful.
Article 7
1. The sender shall
be responsible for all expenses,
loss and damage sustained by
the carrier by reason of the
inaccuracy or inadequacy of:
(a) The particulars specified
in Article 6, paragraph 1, (b),
(d), (e), (f), (g), (h) and
(j);
(b) The particulars specified
in Article 6, paragraph 2;
(c) Any other particulars or
instructions given by him to
enable the consignment note
to be made out or for the purpose
of their being entered therein.
2. If, at the request of the
sender, the carrier enters in
the consignment note the particulars
referred to in paragraph 1 of
this Article, he shall be deemed,
unless the contrary is proved,
to have done so on behalf of
the sender.
3. If the consignment note does
not contain the statement specified
in Article 6, paragraph 1 (k),
the carrier shall be liable
for all expenses, loss and damage
sustained through such omission
by the person entitled to dispose
of the goods.
Article 8
1. On taking over
the goods, the carrier shall
check:
(a) The accuracy of the statements
in the consignment note as to
the number of packages and their
marks and numbers, and
(b) The apparent condition of
the goods and their packaging.
2. Where the carrier has no
reasonable means of checking
the accuracy of the statements
referred to in paragraph 1 (a)
of this Article, he shall enter
his reservations in the consignment
note together with the grounds
on which they are based. He
shall likewise specify the grounds
for any reservations which he
makes with regard to the apparent
condition of the goods and their
packaging. Such reservations
shall not bind the sender unless
he has expressly agreed to be
bound by them in the consignment
note.
3. The sender shall be entitled
to require the carrier to check
the gross weight of the goods
or their quantity otherwise
expressed. He may also require
the contents of the packages
to be checked. The carrier shall
be entitled to claim the cost
of such checking. The result
of the checks shall be entered
in the consignment note.
Article 9
1. The consignment
note shall be prima facie evidence
of the making of the contract
of carriage, the conditions
of the contract and the receipt
of the goods by the carrier.
2. If the consignment note contains
no specific reservations by
the carrier, it shall be presumed,
unless the contrary is proved,
that the goods and their packaging
appeared to be in good condition
when the carrier took them over
and that the number of packages,
their marks and numbers corresponded
with the statements in the consignment
note.
Article 10
The sender shall
be liable to the carrier for
damage to persons, equipment
or other goods, and for any
expenses due to defective packing
of the goods, unless the defect
was apparent or known to the
carrier at the time when he
took over the goods and he made
no reservations concerning it.
Article 11
1. For the purposes
of the Customs or other formalities
which have to be completed before
delivery of the goods, the sender
shall attach the necessary documents
to the consignment note or place
them at the disposal of the
carrier and shall furnish him
with all the information which
he requires.
2. The carrier shall not be
under any duty to enquire into
either the accuracy or the adequacy
of such documents and information.
The sender shall be liable to
the carrier for any damage caused
by the absence, inadequacy or
irregularity of such documents
and information, except in the
case of some wrongful act or
neglect on the part of the carrier.
3. The liability of the carrier
for the consequences arising
from the loss or incorrect use
of the documents specified in
and accompanying the consignment
note or deposited with the carrier
shall be that of an agent, provided
that the compensation payable
by the carrier shall not exceed
that payable in the event of
loss of the goods.
Article 12
1. The sender has
the right to dispose of the
goods, in particular by asking
the carrier to stop the goods
in transit, to change the place
at which delivery is to take
place or to deliver the goods
to a consignee other than the
consignee indicated in the consignment
note.
2. This right shall cease to
exist when the second copy of
the consignment note is handed
to the consignee or when the
consignee exercises his right
under Article 13, paragraph
1; from that time onwards the
carrier shall obey the orders
of the consignee.
3. The consignee shall, however,
have the right of disposal from
the time when the consignment
note is drawn up, if the sender
makes an entry to that effect
in the consignment note.
4. If in exercising his right
of disposal the consignee has
ordered the delivery of the
goods to another person, that
other person shall not be entitled
to name other consignees.
5. The exercise of the right
of disposal shall be subject
to the following conditions:
(a) That the sender or, in the
case referred to in paragraph
3 of this Article, the consignee
who wishes to exercise the right
produces the first copy of the
consignment note on which the
new instructions to the carrier
have been entered and indemnifies
the carrier against all expenses,
loss and damage involved in
carrying out such instructions;
(b) That the carrying out of
such instructions is possible
at the time when the instructions
reach the person who is to carry
them out and does not either
interfere with the normal working
of the carriers' undertaking
or prejudice the senders or
consignees of other consignments;
(c) That the instructions do
not result in a division of
the consignment.
6. When, by reason of the provisions
of paragraph 5 (b) of this Article,
the carrier cannot carry out
the instructions which he receives,
he shall immediately notify
the person who gave him such
instructions.
7. A carrier who has not carried
out the instructions given under
the conditions provided for
in this Article or who has carried
them out without requiring the
first copy of the consignment
note to be produced, shall be
liable to the person entitled
to make a claim for any loss
or damage caused thereby.
Article 13
1. After arrival
of the goods at the place designated
for delivery, the consignee
shall be entitled to require
the carrier to deliver to him,
against a receipt, the second
copy of the consignment note
and the goods. If the loss of
the goods is established or
if the goods have not arrived
after the expiry of the period
provided for in Article 19,
the consignee shall be entitled
to enforce in his own name against
the carrier any rights arising
from the contract of carriage.
2. The consignee who avails
himself of the rights granted
to him under paragraph 1 of
this Article shall pay the charges
shown to be due on the consignment
note, but in the event of dispute
on this matter the carrier shall
not be required to deliver the
goods unless security has been
furnished by the consignee.
Article 14
1. If for any reason
it is or becomes impossible
to carry out the contract in
accordance with the terms laid
down in the consignment note
before the goods reach the place
designated for delivery, the
carrier shall ask for instructions
from the person entitled to
dispose of the goods in accordance
with the provisions of Article
12.
2. Nevertheless, if circumstances
are such as to allow the carriage
to be carried out under conditions
differing from those laid down
in the consignment note and
if the carrier has been unable
to obtain instructions in reasonable
time from the person entitled
to dispose of the goods in accordance
with the provisions of Article
12, he shall take such steps
as seem to him to be in the
best interests of the person
entitled to dispose of the goods
Article 15
1. Where circumstances
prevent delivery of the goods
after their arrival at the place
designated for delivery, the
carrier shall ask the sender
for his instructions. If the
consignee refuses the goods
the sender shall be entitled
to dispose of them without being
obliged to produce the first
copy of the consignment note.
2. Even if he has refused the
goods, the consignee may nevertheless
require delivery so long as
the carrier has not received
instructions to the contrary
from the sender.
3. When circumstances preventing
delivery of the goods arise
after the consignee, in exercise
of his rights under Article
12, paragraph 3, has given an
order for the goods to be delivered
to another person, paragraphs
1 and 2 of this Article shall
apply as if the consignee were
the sender and that other person
were the consignee.
Article 16
1. The carrier shall
be entitled to recover the cost
of his request for instructions
and any expenses entailed in
carrying out such instructions,
unless such expenses were caused
by the wrongful act or neglect
of the carrier.
2. In the cases referred to
in Article 14, paragraph 1,
and in Article 15, the carrier
may immediately unload the goods
for account of the person entitled
to dispose of them and thereupon
the carriage shall be deemed
to be at an end. The carrier
shall then hold the goods on
behalf of the person so entitled.
He may, however, entrust them
to a third party, and in that
case he shall not be under any
liability except for the exercise
of reasonable care in the choice
of such third party. The charges
due under the consignment note
and all other expenses shall
remain chargeable against the
goods.
3. The carrier may sell the
goods, without awaiting instructions
from the person entitled to
dispose of them, if the goods
are perishable or their condition
warrants such a course, or when
the storage expenses would be
out of proportion to the value
of the goods. He may also proceed
to the sale of the goods in
other cases if after the expiry
of a reasonable period he has
not received from the person
entitled to dispose of the goods
instructions to the contrary
which he may reasonably be required
to carry out.
4. If the goods have been sold
pursuant to this Article, the
proceeds of sale, after deduction
of the expenses chargeable against
the goods, shall be placed at
the disposal of the person entitled
to dispose of the goods. If
these charges exceed the proceeds
of sale, the carrier shall be
entitled to the difference.
5. The procedure in the case
of sale shall be determined
by the law or custom of the
place where the goods are situated.
CHAPTER IV - LIABILITY OF THE
CARRIER
Article 17
1. The carrier shall
be liable for the total or partial
loss of the goods and for damage
thereto occurring between the
time when he takes over the
goods and the time of delivery,
as well as for any delay in
delivery.
2. The carrier shall however
be relieved of liability if
the loss, damage or delay was
caused by the wrongful act or
neglect of the claimant, by
the instructions of the claimant
given otherwise than as the
result of a wrongful act or
neglect on the part of the carrier,
by inherent vice of the goods
or through circumstances which
the carrier could not avoid
and the consequences of which
he was unable to prevent.
3. The carrier shall not be
relieved of liability by reason
of the defective condition of
the vehicle used by him in order
to perform the carriage, or
by reason of the wrongful act
or neglect of the person from
whom he may have hired the vehicle
or of the agents or servants
of the latter.
4. Subject to Article 18, paragraphs
2 to 5, the carrier shall be
relieved of liability when the
loss or damage arises from the
special risks inherent in one
more of the following circumstances:
(a) Use of open unsheeted vehicles,
when their use has been expressly
agreed and specified in the
consignment note;
(b) The lack of, or defective
condition of packing in the
case of goods which, by their
nature, are liable to wastage
or to be damaged when not packed
or when not properly packed;
(c) Handling, loading, stowage
or unloading of the goods by
the sender, the consignee or
persons acting on behalf of
the sender or the consignee;
(d) The nature of certain kinds
of goods which particularly
exposes them to total or partial
loss or to damage, especially
through breakage, rust, decay,
desiccation, leakage, normal
wastage, or the action of moth
or vermin;
(f) Insufficiency or inadequacy
of marks or numbers on the packages;
(g) The carriage of livestock.
5. Where under this Article
the carrier is not under any
liability in respect some of
the factors causing the loss,
damage or delay, he shall only
be liable to the extent that
those factors for which he is
liable under this Article have
contributed to the loss, damage
or delay.
Article 18
1. The burden of
proving that loss, damage or
delay was due to one of the
causes specified in Article
17, paragraph 2, shall rest
upon the carrier.
2. When the carrier establishes
that in the circumstances of
the case, the loss or damage
could be attributed to one or
more of the special risks referred
to in Article 17, paragraph
4, it shall be presumed that
it was so caused. The claimant
shall however be entitled to
prove that the loss or damage
was not, in fact, attributable
either wholly or partly to one
of these risks.
3. This presumption shall not
apply in the circumstances set
out in Article 17, paragraph
4 (a), if there has been an
abnormal shortage, or a loss
of any package.
4. If the carriage is performed
in vehicles specially equipped
to protect the goods from the
effects of heat, cold, variations
in temperature or the humidity
of the air, the carrier shall
not be entitled to claim the
benefit of Article 17, paragraph
4 (d), unless he proves that
all steps incumbent on him in
the circumstances with respect
to the choice, maintenance and
use of such equipment were taken
and that he complied with any
special instructions issued
to him.
5. The carrier shall not be
entitled to claim the benefit
of Article 17, paragraph 4 (f),
unless he proves that all steps
normally incumbent on him in
the circumstances were taken
and that he complied with any
special instructions issued
to him.
Article 19
Delay in delivery
shall be said to occur when
the goods have not been delivered
within the agreed time-limit
or when, failing an agreed time-limit,
the actual duration of the carriage
having regard to the circumstances
of the case, and in particular,
in the case of partial loads,
the time required for making
up a complete load in the normal
way, exceeds the time it would
be reasonable to allow a diligent
carrier.
Article 20
1. The fact that
goods have not been delivered
within thirty days following
the expiry of the agreed time-limit,
or, if there is no agreed time-limit,
within sixty days from the time
when the carrier took over the
goods, shall be conclusive evidence
of the loss of the goods, and
the person entitled to make
a claim may thereupon treat
them as lost.
2. The person so entitled may,
on receipt of compensation for
the missing goods, request in
writing that he shall be notified
immediately should the goods
be recovered in the course of
the year following the payment
of compensation. He shall be
given a written acknowledgement
of such request.
3. Within the thirty days following
receipt of such notification,
the person entitled as aforesaid
may require the goods to be
delivered to him against payment
of the charges shown to be due
on the consignment note and
also against refund of the compensation
he received less any charges
included therein but without
prejudice to any claims to compensation
for delay in delivery under
Article 23 and, where applicable,
Article 26.
4. In the absence of the request
mentioned in paragraph 2 or
of any instructions given within
the period of thirty days specified
in paragraph 3, or if the goods
are not recovered until more
than one year after the payment
of compensation, the carrier
shall be entitled to deal with
them in accordance with the
law of the place where the goods
are situated.
Article 21
Should the goods
have been delivered to the consignee
without collection of the "cash
on delivery" charge which should
have been collected by the carrier
under the terms of the contract
of carriage, the carrier shall
be liable to the sender for
compensation not exceeding the
amount of such charge without
prejudice to his right of action
against the consignee.
Article 22
1. When the sender
hands goods of a dangerous nature
to the carrier, he shall inform
the carrier of the exact nature
of the danger and indicate,
if necessary, the precautions
to be taken. If this information
has not been entered in the
consignment note, the burden
of proving, by some other means,
that the carrier knew the exact
nature of the danger constituted
by the carriage of the said
goods shall rest upon the sender
or the consignee.
2. Goods of a dangerous nature
which, in the circumstance referred
to in paragraph 1 of this Article,
the carrier did not know were
dangerous, may, at any time
or place, be unloaded, destroyed
or rendered harmless by the
carrier without compensation;
further, the sender shall be
liable for all expenses, loss
or damage arising out of their
handing over for carriage or
of their carriage.
Article 23
1. When, under the
provisions of this Convention,
a carrier is liable for compensation
in respect of total or partial
loss of goods, such compensation
shall be calculated by reference
to the value of the goods at
the place and time at which
they were accepted for carriage.
2. The value of the goods shall
be fixed according to the commodity
exchange price or, if there
is no such price, according
to the current market price
or, if there is no commodity
exchange price or current market
price, by reference to the normal
value of goods of the same kind
and quality.
3. Compensation shall not, however,
exceed 8.33 units of account
per kilogram of gross weight
short.
[Old formulation of paragraph
3:
3. Compensation shall not, however,
exceed 25 francs per kilogram
of gross weight short. "Franc"
means the gold franc weighing
10/31 of a gramme and being
of millesimal fineness 900.]
4. In addition, the carriage
charges, Customs duties and
other charges incurred in respect
of the carriage of the goods
shall be refunded in full in
case of total loss and in proportion
to the loss sustained in case
of partial loss, but no further
damage shall be payable.
5. In the case of delay, if
the claimant proves that damage
has resulted therefrom the carrier
shall pay compensation for such
damage not exceeding the carriage
charges.
6. Higher compensation may only
be claimed where the value of
the goods or a special interest
in delivery has been declared
in accordance with Articles
24 and 26.
7. The unit of account mentioned
in this Convention is the Special
Drawing Right as defined by
the International Monetary Fund.
The amount mentioned in paragraph
3 of this article shall be converted
into the national currency of
the State of the Court seized
of the case on the basis of
the value of that currency on
the date of the judgment or
the date agreed upon by the
parties. The value of the national
currency, in terms of the Special
Drawing Right, of a State which
is a member of the International
Monetary Fund, shall be calculated
in accordance with the method
of valuation applied by the
International Monetary Fund
in effect at the date in question
for its operations and transactions.
The value of the national currency,
in terms of the Special Drawing
Right, of a State which is not
a member of the International
Monetary Fund, shall be calculated
in a manner determined by that
State.
8. Nevertheless, a State which
is not a member of the International
Monetary Fund and whose law
does not permit the application
of the provisions of paragraph
7 of this article may, at the
time of ratification of or accession
to the Protocol to the CMR or
at any time thereafter, declare
that the limit of liability
provided for in paragraph 3
of this article to be applied
in its territory shall be 25
monetary units. The monetary
unit referred to in this paragraph
corresponds to 10/31 gram of
gold of millesimal fineness
nine hundred. The conversion
of the amount specified in this
paragraph into the national
currency shall be made according
to the law of the State concerned.
9. The calculation mentioned
in the last sentence of paragraph
7 of this article and the conversion
mentioned in paragraph 8 of
this article shall be made in
such a manner as to express
in the national currency of
the State as far as possible
the same real value for the
amount in paragraph 3 of this
article as is expressed there
in units of account. States
shall communicate to the Secretary-General
of the United Nations the manner
of calculation pursuant to paragraph
7 of this article or the result
of the conversion in paragraph
8 of this article as the case
may be, when depositing an instrument
referred to in Article 3 of
the Protocol to the CMR and
whenever there is a change in
either.
Article 24
The sender may,
against payment of a surcharge
to be agreed upon, declare in
the consignment note a value
for the goods exceeding the
limit laid down in Article 23,
paragraph 3, and in that case
the amount of the declared value
shall be substituted for that
limit.
Article 25
1. In case of damage,
the carrier shall be liable
for the amount by which the
goods have diminished in value,
calculated by reference to the
value of the goods fixed in
accordance with Article 23,
paragraphs 1, 2 and 4.
2. The compensation may not,
however, exceed:
(a) If the whole consignment
has been damaged, the amount
payable in the case of total
loss;
(b) If part only of the consignment
has been damaged, the amount
payable in the case of loss
of the part affected.
Article 26
1. The sender may,
against payment of a surcharge
to be agreed upon, fix the amount
of a special interest in delivery
in the case of loss or damage
or of the agreed time-limit
being exceeded, by entering
such amount in the consignment
note.
2. If a declaration of a special
interest in delivery has been
made, compensation for the additional
loss or damage proved may be
claimed, up to the total amount
of the interest declared, independently
of the compensation provided
for in Articles 23, 24 and 25.
Article 27
1. The claimant
shall be entitled to claim interest
on compensation payable. Such
interest, calculated at five
per centum per annum, shall
accrue from the date on which
the claim was sent in writing
to the carrier or, if no such
claim has been made, from the
date on which legal proceedings
were instituted.
2. When the amounts on which
the calculation of the compensation
is based are not expressed in
the currency of the country
in which payment is claimed,
conversion shall be at the rate
of exchange applicable on the
day and at the place of payment
of compensation.
Article 28
1. In cases where,
under the law applicable, loss,
damage or delay arising out
of carriage under this Convention
gives rise to an extra-contractual
claim, the carrier may avail
himself of the provisions of
this Convention which exclude
his liability or which fix or
limit the compensation due.
2. In cases where the extra-contractual
liability for loss, damage or
delay of one of the persons
for whom the carrier is responsible
under the terms of Article 3
is in issue, such person may
also avail himself of the provisions
of this Convention which exclude
the liability of the carrier
or which fix or limit the compensation
due.
Article 29
1. The carrier shall
not be entitled to avail himself
of the provisions of this chapter
which exclude or limit his liability
or which shift the burden of
proof if the damage was caused
by his wilful misconduct or
by such default on his part
as, in accordance with the law
of the court or tribunal seized
of the case, is considered as
equivalent to wilful misconduct.
2. The same provision shall
apply if the wilful misconduct
or default is committed by the
agents or servants of the carrier
or by any other persons of whose
services he makes use for the
performance of the carriage,
when such agents, servants or
other persons are acting within
the scope of their employment.
Furthermore, in such a case
such agents, servants or other
persons shall not be entitled
to avail themselves, with regard
to their personal liability,
of the provisions of this chapter
referred to in paragraph 1.
CHAPTER V - CLAIMS AND ACTIONS
Article 30
1. If the consignee
takes delivery of the goods
without duly checking their
condition with the carrier or
without sending him reservations
giving a general indication
of the loss or damage, not later
than the time of delivery in
the case of apparent loss or
damage and within seven days
of delivery, Sundays and public
holidays excepted, in the case
of loss or damage which is not
apparent, the fact of his taking
delivery shall be prima facie
evidence that he has received
the goods in the condition described
in the consignment note. In
the case of loss or damage which
is not apparent the reservations
referred to shall be made in
writing.
2. When the condition of the
goods has been duly checked
by the consignee and the carrier,
evidence contradicting the result
of this checking shall only
be admissible in the case of
loss or damage which is not
apparent and provided that the
consignee has duly sent reservations
in writing to the carrier within
seven days, Sundays and public
holidays excepted, from the
date of checking.
3. No compensation shall be
payable for delay in delivery
unless a reservation has been
sent in writing to the carrier,
within twenty-one days from
the time that the goods were
placed at the disposal of the
consignee.
4. In calculating the time-limits
provided for in this Article
the date of delivery, or the
date of checking, or the date
when the goods were placed at
the disposal of the consignee,
as the case may be, shall not
be included.
5. The carrier and the consignee
shall give each other every
reasonable facility for making
the requisite investigations
and checks.
Article 31
1. In legal proceedings
arising out of carriage under
this Convention, the plaintiff
may bring an action in any court
or tribunal of a contracting
country designated by agreement
between the parties and, in
addition, in the courts or tribunals
of a country within whose territory:
(a) The defendant is ordinarily
resident, or has his principal
place of business, or the branch
or agency through which the
contract of carriage was made,
or
(b) The place where the goods
were taken over by the carrier
or the place designated for
delivery is situated,
and in no other courts or tribunals.
2. Where in respect of a claim
referred to in paragraph 1 of
this Article an action is pending
before a court or tribunal competent
under that paragraph, or where
in respect of such a claim a
judgement has been entered by
such a court or tribunal no
new action shall be started
between the same parties on
the same grounds unless the
judgement of the court or tribunal
before which the first action
was brought is not enforceable
in the country in which the
fresh proceedings are brought.
3. When a judgement entered
by a court or tribunal of a
contracting country in any such
action as is referred to in
paragraph 1 of this Article
has become enforceable in that
country, it shall also become
enforceable in each of the other
contracting States, as soon
as the formalities required
in the country concerned have
been complied with. These formalities
shall not permit the merits
of the case to be re-opened.
4. The provisions of paragraph
3 of this Article shall apply
to judgements after trial, judgements
by default and settlements confirmed
by an order of the court, but
shall not apply to interim judgements
or to awards of damages, in
addition to costs against a
plaintiff who wholly or partly
fails in his action.
5. Security for costs shall
not be required in proceedings
arising out of carriage under
this Convention from nationals
of contracting countries resident
or having their place of business
in one of those countries.
Article 32
1. The period of
limitation for an action arising
out of carriage under this Convention
shall be one year. Nevertheless,
in the case of wilful misconduct,
or such default as in accordance
with the law of the court or
tribunal seized of the case,
is considered as equivalent
to wilful misconduct, the period
of limitation shall be three
years. The period of limitation
shall begin to run:
(a) In the case of partial loss,
damage or delay in delivery,
from the date of delivery;
(b) In the case of total loss,
from the thirtieth day after
the expiry of the agreed time-limit
or where there is no agreed
time-limit from the sixtieth
day from the date on which the
goods were taken over by the
carrier;
(c) In all other cases, on the
expiry of a period of three
months after the making of the
contract of carriage.
The day on which the period
of limitation begins to run
shall not be included in the
period.
2. A written claim shall suspend
the period of limitation until
such date as the carrier rejects
the claim by notification in
writing and returns the documents
attached thereto. If a part
of the claim is admitted the
period of limitation shall start
to run again only in respect
of that part of the claim still
in dispute. The burden of proof
of the receipt of the claim,
or of the reply and of the return
of the documents, shall rest
with the party relying upon
these facts. The running of
the period of limitation shall
not be suspended by further
claims having the same object.
3. Subject to the provisions
of paragraph 2 above, the extension
of the period of limitation
shall be governed by the law
of the court or tribunal seized
of the case. That law shall
also govern the fresh accrual
of rights of action.
4. A right of action which has
become barred by lapse of time
may not be exercised by way
of counterclaim or set-off.
Article 33
The contract of
carriage may contain a clause
conferring competence on an
arbitration tribunal if the
clause conferring competence
on the tribunal provides that
the tribunal shall apply this
Convention.
CHAPTER VI - PROVISIONS RELATING
TO CARRIAGE PERFORMED BY SUCCESSIVE
CARRIERS
Article 34
If carriage governed
by a single contract is performed
by successive road carriers,
each of them shall be responsible
for the performance of the whole
operation, the second carrier
and each succeeding carrier
becoming a party to the contract
of carriage, under the terms
of the consignment note, by
reason of his acceptance of
the goods and the consignment
note.
Article 35
1. A carrier accepting
the goods from a previous carrier
shall give the latter a dated
and signed receipt. He shall
enter his name and address on
the second copy of the consignment
note. Where applicable, he shall
enter on the second copy of
the consignment note and on
the receipt reservations of
the kind provided for in Article
8, paragraph 2.
2. The provisions of Article
9 shall apply to the relations
between successive carriers
.
Article 36
Except in the case
of a counterclaim or a set-off
raised in an action concerning
a claim based on the same contract
of carriage, legal proceedings
in respect of liability for
loss, damage or delay may only
be brought against the first
carrier, the last carrier or
the carrier who was performing
that portion of the carriage
during which the event causing
the loss, damage or delay occurred;
an action may be brought at
the same time against several
of these carriers.
Article 37
A carrier who has
paid compensation in compliance
with the provisions of this
Convention, shall be entitled
to recover such compensation,
together with interest thereon
and all costs and expenses incurred
by reason of the claim, from
the other carriers who have
taken part in the carriage,
subject to the following provisions:
(a) The carrier responsible
for the loss or damage shall
be solely liable for the compensation
whether paid by himself or by
another carrier;
(b) When the loss or damage
has been caused by the action
of two or more carriers, each
of them shall pay an amount
proportionate to his share of
liability; should it be impossible
to apportion the liability,
each carrier shall be liable
in proportion to the share of
the payment for the carriage
which is due to him;
(c) If it cannot be ascertained
to which carriers liability
is attributable for the loss
or damage, the amount of the
compensation shall be apportioned
between all the carriers as
laid down in (b) above.
Article 38
If one of the carriers
is insolvent, the share of the
compensation due from him and
unpaid by him shall be divided
among the other carriers in
proportion to the share of the
payment for the carriage due
to them.
Article 39
1. No carrier against
whom a claim is made under Articles
37 and 38 shall be entitled
to dispute the validity of the
payment made by the carrier
making the claim if the amount
of the compensation was determined
by judicial authority after
the first mentioned carrier
had been given due notice of
the proceedings and afforded
an opportunity of entering an
appearance.
2. A carrier wishing to take
proceedings to enforce his right
of recovery may make his claim
before the competent court or
tribunal of the country in which
one of the carriers concerned
is ordinarily resident, or has
his principal place of business
or the branch or agency through
which the contract of carriage
was made. All the carriers concerned
may be made defendants in the
same action.
3. The provisions of Article
31, paragraphs 3 and 4, shall
apply to judgements entered
in the proceedings referred
to in Articles 37 and 38.
4. The provisions of Article
32 shall apply to claims between
carriers. The period of limitation
shall, however, begin to run
either on the date of the final
judicial decision fixing the
amount of compensation payable
under the provisions of this
Convention, or, if there is
no such judicial decision, from
the actual date of payment.
Article 40
Carriers shall be
free to agree among themselves
on provisions other than those
laid down in Articles 37 and
38.
CHAPTER VII - NULLITY OF STIPULATIONS
CONTRARY TO THE CONVENTION
Article 41
1. Subject to the
provisions of Article 40, any
stipulation which would directly
or indirectly derogate from
the provisions of this Convention
shall be null and void. The
nullity of such a stipulation
shall not involve the nullity
of the other provisions of the
contract.
2. In particular, a benefit
of insurance in favour of the
carrier or any other similar
clause, or any clause shifting
the burden of proof shall be
null and void.
CHAPTER VIII - FINAL PROVISIONS
Article 42
1. This Convention
is open for signature or accession
by countries members of the
Economic Commission for Europe
and countries admitted to the
Commission in a consultative
capacity under paragraph 8 of
the Commission's terms of reference.
2. Such countries as may participate
in certain activities of the
Economic Commission for Europe
in accordance with paragraph
11 of the Commission's terms
of reference may become Contracting
Parties to this Convention by
acceding thereto after its entry
into force.
3. The Convention shall be open
for signature until 31 August
1956 inclusive. Thereafter,
it shall be open for accession.
4. This Convention shall be
ratified.
5. Ratification or accession
shall be effected by the deposit
of an instrument with the Secretary-General
of the United Nations.
Article 43
1. This Convention
shall come into force on the
ninetieth day after five of
the countries referred to in
Article 42, paragraph 1, have
deposited their instruments
of ratification or accession.
2. For any country ratifying
or acceding to it after five
countries have deposited their
instruments of ratification
or accession, this Convention
shall enter into force on the
ninetieth day after the said
country has deposited its instrument
of ratification or accession.
Article 44
1. Any Contracting
Party may denounce this Convention
by so notifying the Secretary-General
of the United Nations.
2. Denunciation shall take effect
twelve months after the date
of receipt by the Secretary-General
of the notification of denunciation.
Article 45
If, after the entry
into force of this Convention,
the number of Contracting Parties
is reduced, as a result of denunciations,
to less than five, the Convention
shall cease to be in force from
the date on which the last of
such denunciations takes effect.
Article 46
1. Any country may,
at the time of depositing its
instrument of ratification or
accession or at any time thereafter,
declare by notification addressed
to the Secretary-General of
the United Nations that this
Convention shall extend to all
or any of the territories for
the international relations
of which it is responsible.
The Convention shall extend
to the territory or territories
named in the notification as
from the ninetieth day after
its receipt by the Secretary-General
or, if on that day the Convention
has not yet entered into force,
at the time of its entry into
force.
2. Any country which has made
a declaration under the preceding
paragraph extending this Convention
to any territory for whose international
relations it is responsible
may denounce the Convention
separately in respect of that
territory in accordance with
the provisions of Article 44.
Article 47
Any dispute between
two or more Contracting Parties
relating to the interpretation
or application of this Convention,
which the parties are unable
to settle by negotiation or
other means may, at the request
of any one of the Contracting
Parties concerned, be referred
for settlement to the International
Court of Justice.
Article 48
1. Each Contracting
Party may, at the time of signing,
ratifying, or acceding to, this
Convention, declare that it
does not consider itself as
bound by Article 47 of the Convention.
Other Contracting Parties shall
not be bound by Article 47 in
respect of any Contracting Party
which has entered such a reservation.
2. Any Contracting Party having
entered a reservation as provided
for in paragraph 1 may at any
time withdraw such reservation
by notifying the Secretary-General
of the United Nations.
3. No other reservation to this
Convention shall be permitted.
Article 49
1. After this Convention
has been in force for three
years, any Contracting Party
may, by notification to the
Secretary-General of the United
Nations, request that a conference
be convened for the purpose
of reviewing the Convention.
The Secretary-General shall
notify all Contracting Parties
of the request and a review
conference shall be convened
by the Secretary-General if,
within a period of four months
following the date of notification
by the Secretary-General, not
less than one-fourth of the
Contracting Parties notify him
of their concurrence with the
request.
2. If a conference is convened
in accordance with the preceding
paragraph, the Secretary-General
shall notify all the Contracting
Parties and invite them to submit
within a period of three months
such proposals as they may wish
the Conference to consider.
The Secretary-General shall
circulate to all Contracting
Parties the provisional agenda
for the conference together
with the texts of such proposals
at least three months before
the date on which the conference
is to meet.
3. The Secretary-General shall
invite to any conference convened
in accordance with this Article
all countries referred to in
Article 42, paragraph 1, and
countries which have become
Contracting Parties under Article
42, paragraph 2.
Article 50
In addition to the
notifications provided for in
Article 49, the Secretary-General
of the United Nations shall
notify the countries referred
to in Article 42, paragraph
1, and the countries which have
become Contracting Parties under
Article 42, paragraph 2, of:
(a) Ratification and accessions
under Article 42;
(b) The dates of entry into
force of this Convention in
accordance with Article 43;
(c) Denunciations under Article
44;
(d) The termination of this
Convention in accordance with
Article 45;
(e) Notifications received in
accordance with Article 46;
(f) Declarations and notifications
received in accordance with
Article 48, paragraphs 1 and
2.
Article 51
After 31 August
1956, the original of this Convention
shall be deposited with the
Secretary-General of the United
Nations, who shall transmit
certified true copies to each
of the countries mentioned in
Article 42, paragraphs 1 and
2.
Witness Clause
IN WITNESS WHEREOF,
the undersigned, being duly
authorized thereto, have signed
this Convention.
DONE at Geneva, this nineteenth
day of May one thousand nine
hundred and fifty-six, in a
single copy in the English and
French languages, each text
being equally authentic.
PROTOCOL OF SIGNATURE
On proceeding to
sign the Convention on the Contract
for the International Carriage
of Goods by Road, the undersigned,
being duly authorized, have
agreed on the following statement
and explanation:
1. This Convention shall not
apply to traffic between the
United Kingdom of Great Britain
and Northern Ireland and the
Republic of Ireland.
2. Ad article 1, paragraph 4
The undersigned undertake to
negotiate conventions governing
contracts for furniture removals
and combined transport.
IN WITNESS WHEREOF, the undersigned,
being duly authorized thereto,
have signed this Protocol.
DONE at Geneva, this nineteenth
day of May one thousand nine
hundred and fifty-six, in a
single copy in the English and
French languages, each text
being equally authentic.