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1980年联合国国际货物多式联运公约(三)

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

  Article 19 Localised Damage

  When the loss of or damage to the goods occurred during one particularstage of the multimodal transport, in respect of which an applicableinternational convention or mandatory national law provides a higher limitof liability than the limit that would follow from application ofparagraphs 1 to 3 of Article 18, then the limit of the multimodaltransport operator's liability for such loss or damage shall be determinedby reference to the provisions of such convention or mandatory nationallaw.

  Article 20 Non-contractual Liability

  1. The defences and limits of liability provided for in thisConvention shall apply in any action against the multimodal transportoperator in respect of loss resulting from loss of or damage to the goods,as well as from delay in delivery, whether the action be founded incontract, in tort or otherwise.

  2. If an action in respect of loss resulting from loss of or damage tothe goods or from delay in delivery is brought against the servant oragent of the multimodal transport operator, if such servant or agentproves that he acted within the scope of his employment, or against anyother person of whose services the makes use for the performance of themultimodal transport contract, if such other person proves that he actedwithin the performance of the contract, the servant or agent of such otherperson shall be entitled to avail himself of the defences and limits ofliability which the multimodal transport operator is entitled to invokeunder this Convention.

  3. Except as provided in Article 21, the aggregate of the amountsrecoverable from the multimodal transport operator and from a servant oragent or any other person of whose services he makes use for theperformance of the multimodal transport contract shall not exceed thelimits of liability provided for in this Convention.

  Article 21 Loss of the Right to Limit Liability

  1. The multimodal transport operator is not entitled to the benefit ofthe limitation of liability provided for in this Convention if it isproved that the loss, damage or delay in delivery resulted from an act oromission of the multimodal transport operator done with the intent tocause such loss, damage or delay or recklessly and with knowledge thatsuch loss, damage or delay would probably result.

  2. Notwithstanding paragraph 2 of Article 20, a servant or agent ofthe multimodal transport operator or other person of whose services hemakes use for the performance of the multimodal transport contract is notentitled to the benefit of the limitation of liability provided for inthis Convention if it is proved that the loss, damage or delay in deliveryresulted from an act or omission of such servant, agent or other person,done with the intent to cause such loss, damage or delay or recklesslyand with knowledge that such loss, damage or delay would probably result.

  PART IV. LIABILITY OF THE CONSIGNOR

  Article 22 General Rule

  The consignor shall be liable for loss sustained by the multimodaltransport operator if such loss is caused by the fault or neglect of theconsignor, or his servants or agents when such servants or agents areacting within the scope of their employment. Any servant or agent of theconsignor shall be liable for such loss if the loss is caused by fault orneglect on his part.

  Article 23 Special Rules on Dangerous Goods

  1. The consignor shall mark or label in a suitable manner dangerousgoods as dangerous.

  2. Where the consignor hands over dangerous goods to the multimodaltransport operator or any person acting on his behalf, the consignor shallinform him of the dangerous character of the goods and, if necessary, theprecautions to be taken. If the consignor fails to do so and themultimodal transport operator does not otherwise have knowledge of theirdangerous character:

  (a) The consignor shall be liable to the multimodal transport operatorfor all loss resulting from the shipment of such goods; and

  (b) The goods may at any time be unloaded, destroyed or renderedinnocuous, as the circumstances may require, without payment ofcompensation.

  3. The provisions of paragraph 2 of this Article may not be invoked byany person if during the multimodal transport he has taken the goods inhis charge with knowledge of their dangerous character.

  4. If, in cases where the provisions of paragraph 2 (b) of thisArticle do not apply or may not be invoked, dangerous goods become anactual danger to life or property, they may be unloaded, destroyed orrendered innocuous, as the circumstances may require, without payment ofcompensation except where there is an obligation to contribute in generalaverage or where the multimodal transport operator is liable in accordancewith the provisions of Article 16.

  PART V. CLAIMS AND ACTIONS

  Article 24 Notice of Loss, Damage or Delay

  1. Unless notice of loss or damage, specifying the general nature ofsuch loss or damage, is given in writing by the consignee to themultimodal transport operator not later than the working day after the daywhen the goods were handed over to the consignee, such handing over isprima facie evidence of the delivery by the multimodal transport operatorof the goods as described in the multimodal transport document.

  2. Where the loss or damage is not apparent, the provisions ofparagraph 1 of this Article apply correspondingly if notice in writing isnot given within six consecutive days after the day when the goods werehanded over to the consignee.

  3. If the state of the goods at the time they were handed over to theconsignee has been the subject of a joint survey or inspection by theparties or their authorized representatives at the place of delivery,notice in writing need not be given of loss or damage ascertained duringsuch survey or inspection.

  4. In the case of any actual or apprehended loss or damage themultimodal transport operator and the consignee shall give all reasonablefacilities to each other for inspecting and tallying the goods.

  5. No compensation shall be payable for loss resulting from delay indelivery unless notice has been given in writing to the multimodaltransport operator within 60 consecutive days after the day when the goodswere delivered by handing over to the consignee or when the consignee hasbeen notified that the goods have been delivered in accordance withparagraph 2 (b) (ii) or (iii) of Article 14.

  6. Unless notice of loss or damage, specifying the general nature ofthe loss or damage, is given in writing by the multimodal transportoperator to the consignor not later than 90 consecutive days after theoccurrence of such loss or damage or after the delivery of the goods inaccordance with paragraph 2 (b) of Article 14, whichever is later, thefailure to give such notice is prima facie evidence that the multimodaltransport operator has sustained no loss or damage due to the fault orneglect of the consignor, his servants or agents.

  7. If any of the notice periods provided for in paragraphs 2, 5 and 6of this Article terminates on a day which is not a working day at theplace of delivery, such period shall be extended until the next workingday.

  8. For the purpose of this Article, notice given to a person acting onthe multimodal transport operator's behalf, including any person of whoseservices he makes use at the place of delivery, or to a person acting onthe consignor's behalf, shall be deemed to have been given to themultimodal transport operator, or to the consignor, respectively.

  Article 25 Limitation of Actions

  1. Any action relating to international multimodal transport underthis Convention shall be time-barred if judicial or arbitral proceedingshave not been instituted within a period of two years. However, ifnotification in writing, stating the nature and main particulars of theclaim, has not been given within six months after the day when the goodswere delivered or, where the goods have not been delivered, after the dayon which they should have been delivered, the action shall be time-barredat the expiry of this period.

  2. The limitation period commences on the day after the day on whichthe multimodal transport operator has delivered the goods or part thereofor, where the goods have not been delivered, on the day after the last dayon which the goods should have been delivered.

  3. The person against whom a claim is made may at any time during therunning of the limitation period extend that period by a declaration inwriting to the claimant. This period may be further extended by anotherdeclaration or declarations.

  4. Provided that the provisions of another applicable internationalconvention are not to the contrary, a recourse action for indemnity by aperson held liable under this Convention may be instituted even after theexpiration of the limitation period provided for in the precedingparagraphs if instituted within the time allowed by the law of the Statewhere proceedings are instituted; however, the time allowed shall not beless than 90 days commencing from the day when the person instituting suchaction for indemnity has settled the claim or has been served with processin the action against himself.

  Article 26 Jurisdiction

  1. In judicial proceedings relating to international multimodaltransport under this Convention, the plaintiff, at his option, mayinstitute an action in a court which, according to the law of the Statewhere the court is situated, is competent and within the jurisdiction ofwhich is situated one of the following places:

  (a) The principal place of business or, in the absence thereof, thehabitual residence of the defendant; or

  (b) The place where the multimodal transport contract was made,provided that the defendant has there a place of business, branch oragency through which the contract was made; or

  (c) The place of taking the goods in charge for internationalmultimodal transport or the place of delivery; or

  (d) Any other place designated for that purpose in the multimodaltransport contract and evidenced in the multimodal transport document.

  2. No judicial proceedings relating to international multimodaltransport under this Convention may be instituted in a place not specifiedin paragraph 1 of this Article. The provisions of this Article do notconstitute an obstacle to the jurisdiction of the Contracting States forprovisional or protective measures.

  3. Notwithstanding the preceding provisions of this Article, anagreement made by the parties after a claim has arisen, which designatesthe place where the plaintiff may institute an action, shall be effective.

  4. (a) Where an action has been instituted in accordance with theprovisions of this Article or where judgement in such an action has beendelivered, no new action shall be instituted between the same parties onthe same grounds unless the judgement in the first action is notenforceable in the country in which the new proceedings are instituted;

  (b) For the purposes of this Article neither the institution ofmeasures to obtain enforcement of a judgement nor the removal of an actionto a different court within the same country shall be considered as thestarting of a new action.

  Article 27 Arbitration

  1. Subject to the provisions of this Article, parties may provide byagreement evidenced in writing that any dispute that may arise relating tointernational multimodal transport under this Convention shall be referredto arbitration.

  2. The arbitration proceedings shall, at the option of the claimant,be instituted at one of the following places:

  (a) A place in a State within whose territory is situated:

  (i) The principal place of business of the defendant or, inthe absence thereof, the habitual residence of the defendant; or

  (ii) The place where the multimodal transport contract wasmade, provided that the defendant has there a place of business, branch oragency through which the contract was made; or

  (iii) The place of taking the goods in charge forinternational multimodal transport or the place of delivery; or

  (b) Any other place designated for that purpose in the arbitrationclause or agreement.

  3. The arbitrator or arbitration tribunal shall apply the provisionsof this Convention.

  4. The provisions of paragraphs 2 and 3 of this Article shall bedeemed to be part of every arbitration clause or agreement and any term ofsuch clause or agreement which is inconsistent therewith shall be null andvoid.

  5. Nothing in this Article shall affect the validity of an agreementon arbitration made by the parties after the claim relating to theinternational multimodal transport has arisen.

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