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1980年联合国国际货物多式联运公约(二)

2006-05-18 16:25   我要纠错 | 打印 | 收藏 | | |

  Article 9 Reservations in the Multimodal Transport Document

  1. If the multimodal transport document contains particularsconcerning the general nature, leading marks, number of packages orpieces, weight or quantity of the goods which the multimodal transportoperator or a person acting on his behalf knows, or has reasonable groundsto suspect, do not accurately represent the goods actually taken incharge, or if he has no reasonable means of checking such particulars, themultimodal transport operator or a person acting on his behalf shallinsert in the multimodal transport document a reservation specifying theseinaccuracies, grounds of suspicion or the absence of reasonable means ofchecking.

  2. If the multimodal transport operator or a person acting on hisbehalf fails to note on the multimodal transport document the apparentcondition of the goods, he is deemed to have noted on the multimodaltransport document that the goods were in apparent good condition.

  Article 10 Evidentiary Effect of the Multimodal Transport Document

  Except for particulars in respect of which and to the extent to whicha reservation permitted under Article 9 has been entered:

  (a) The multimodal transport document shall be prima facie evidence ofthe taking in charge by the multimodal transport operator of the goods asdescribed therein;

  (b) Proof to the contrary by the multimodal transport operator shallnot be admissible if the multimodal transport document is issued innegotiable form and has been transferred to a third party, including aconsignee, who has acted in good faith in reliance on the description ofthe goods therein.

  Article 11 Liability for Intentional Misstatements or Omissions

  When the multimodal transport operator, with intent to defraud, givesin the multimodal transport document false information concerning thegoods or omits any information required to be included under paragraph 1(a) or (b) of Article 8 or under Article 9, he shall be liable, withoutthe benefit of the limitation of liability provided for in thisConvention, for any loss, damage or expenses incurred by a third party,including a consignee, who acted in reliance on the description of thegoods in the multimodal transport document issued.

  Article 12 Guarantee by the Consignor

  1. The consignor shall be deemed to have guaranteed to the multimodaltransport operator the accuracy, at the time the goods were taken incharge by the multimodal transport operator, of particulars relating tothe general nature of the goods, their marks, number, weight and quantityand, if applicable, to the dangerous character of goods, as furnished byhim for insertion in the multimodal transport document.

  2. The consignor shall indemnify the multimodal transport operatoragainst loss resulting from inaccuracies in or inadequacies of theparticulars referred to in paragraph 1 of this Article. The consignorshall remain liable even if the multimodal transport document has beentransferred by him. The right of the multimodal transport operator to suchindemnity shall in no way limit his liability under the multimodaltransport contract to any person other than the consignor.

  Article 13 Other Documents

  The issue of the multimodal transport document does not preclude theissue, if necessary, of other documents relating to transport or otherservices involved in international multimodal transport, in accordancewith applicable international conventions or national law. However, theissue of such other documents shall not affect the legal character of themultimodal transport document.

  PART III. MULTIMODAL LIABILITY OF THE TRANSPORT OPERATOR

  Article 14 Period of Responsibility

  1. The responsibility of the multimodal transport operator for thegoods under this Convention covers the period from the time he takes thegoods in his charge to the time of their delivery.

  2. For the purpose of this Article, the multimodal transport operatoris deemed to be in charge of the goods:

  (a) From the time he has taken over the goods from:

  (i) The consignor or a person acting on his behalf; or

  (ii) An authority or other third party to whom, pursuant tolaw or regulations applicable at the place of taking in charge, the goodsmust be handed over for transport;

  (b) Until the time he has delivered the goods:

  (i) By handing over the goods to the consignee; or

  (ii) In cases where the consignee does not receive the goodsfrom the multimodal transport operator, by placing them at the disposal ofthe consignee in accordance with the multimodal transport contract or withthe law or with the usage of the particular trade applicable at the placeof delivery; or

  (iii) By handing over the goods to an authority or other thirdparty to whom, pursuant to law or regulations applicable at the place ofdelivery, the goods must be handed over.

  3. In paragraphs 1 and 2 of this Article, reference to the multimodaltransport operator shall include his servants or agents or any otherperson of whose services he makes use for the performance of themultimodal transport contract, and reference to the consignor or consigneeshall include their servants or agents.

  Article 15 The Liability of the Multimodal Transport Operator for hisServants, Agents and Other Persons

  Subject to Article 21, the multimodal transport operator shall beliable for the acts and omissions of his servants or agents, when any suchservant or agent is acting within the scope of his employment, or of anyother person of whose services he makes use for the performance of themultimodal transport contract, when such person is acting in theperformance of the contract, as if such acts and omissions were his own.

  Article 16 Basis of Liability

  1. The multimodal transport operator shall be liable for lossresulting from loss of or damage to the goods, as well as from delay indelivery, if the occurrence which caused the loss, damage or delay indelivery took place while the goods were in his charge as defined inArticle 14, unless the multimodal transport operator proves that he, hisservants or agents or any other person referred to in Article 15 took allmeasures that could reasonably be required to avoid the occurrence and itsconsequences.

  2. Delay in delivery occurs when the goods have not been deliveredwithin the time expressly agreed upon or, in the absence of suchagreement, within the time which it would be reasonable to require of adiligent multimodal transport operator, having regard to the circumstancesof the case.

  3. If the goods have not been delivered within 90 consecutive daysfollowing the date of delivery determined according to paragraph 2 of thisArticle, the claimant may treat the goods as lost.

  Article 17 Concurrent Causes

  Where fault or neglect on the part of the multimodal transportoperator, his servants or agents or any other person referred to inArticle 15 combines with another cause to produce loss, damage or delay indelivery, the multimodal transport operator shall be liable only to theextent that the loss, damage or delay in delivery is attributable to suchfault or neglect, provided that the multimodal transport operator provesthe part of the loss, damage or delay in delivery not attributablethereto.

  Article 18 Limitation of Liability

  1. When the multimodal transport operator is liable for loss resultingfrom loss of or damage to the goods according to Article 16, his liabilityshall be limited to an amount not exceeding 920 units of account perpackage or other shipping unit or 2.75 units of account per kilogram ofgross weight of the goods lost or damaged, whichever is the higher.

  2. For the purpose of calculating which amount is the higher inaccordance with paragraph 1 of this Article, the following rules shallapply:

  (a) Where a container, pallet or similar article of transport is usedto consolidate goods, the packages or other shipping units enumerated inthe multimodal transport document as packed in such article of transportare deemed packages or shipping units. Except as aforesaid, the goods insuch article of transport are deemed one shipping unit.

  (b) In cases where the article of transport itself has been lost ordamaged, that article of transport, if not owned or otherwise supplied bythe multimodal transport operator, is considered one separate shippingunit.

  3. Notwithstanding the provisions of paragraphs 1 and 2 of thisArticle, if the international multimodal transport does not, according tothe contract, include carriage of goods by sea or by inland waterways, theliability of the multimodal transport operator shall be limited to anamount not exceeding 8.33 units of account per kilogram of gross weight ofthe goods lost or damaged.

  4. The liability of the multimodal transport operator for lossresulting from delay in delivery according to the provisions of Article 16shall be limited to an amount equivalent to two and a half times thefreight payable for the goods delayed, but not exceeding the total freightpayable under the multimodal transport contract.

  5. The aggregate liability of the multimodal transport operator, underparagraphs 1 and 4 or paragraphs 3 and 4 of this Article, shall not exceedthe limit of liability for total loss of the goods as determined byparagraph 1 or 3 of this Article.

  6. By agreement between the multimodal transport operator and theconsignor, limits of liability exceeding those provided for in paragraphs1, 3 and 4 of this Article may be fixed in the multimodal transportdocument.

  7. “Unit of account” means the unit of account mentioned in Article31.

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