International convention on the contract of carriage of goods by road
In view of the contracting states recognize the need to restrict the international contract of carriage of goods by road, especially on the transport
With the documents and the conditions of the unity of the carrier's liability, agreement is as follows:
The first chapter
Article 1 with a
1. On the road transport of goods of vehicles operating in every contract, regardless of residence and nationality of the parties, where specified in the contract take over and the location of the delivery of the goods are located in two different countries, is at least one contracting state, this convention shall apply.
2. In this convention, "vehicles" refers to the September 19, 1949 highway traffic convention stipulated in article 4 of the motor vehicle, trailer, trailer and semi-trailer.
3. Within the scope of this convention applies to belong to this convention by the state or government organizations that are engaged in transportation.
4. This convention does not apply to:
(a) in accordance with the terms and perform any international postal convention of transport;
(b) funeral transport;
(c) move the furniture.
5. In addition to make the provisions of this convention shall not apply to states border transportation or authorize the use of the convention in transportation activities completely limited to represent the real right of the waybill outside the area of the contracting states, states parties agree not to special bilateral or multilateral agreements to modification of any of the provisions of this convention.
Article 2:
1. In addition to be governed by the provisions of article 14, when the loading of the goods on the vehicle did not unloaded from the vehicle, and some of its journey by sea, rail, inland waterway or air feeder, this convention shall be Yu Quancheng still apply. If proved, in other means of transport carrying the goods during the occurrence of any loss, damage or delay in delivery is not due to road behavior or not behavior caused by the carrier, but only because during the period and other transportation means the carrier for other transportation
Square type of incidents caused by the source of the carrier, if the contract of carriage of goods by itself according to the mode of transportation is the conditions stipulated in the law of carriage of goods by the delivery and sign of the other mode of transportation by the carrier, the carrier's liability should not be operated by this convention, and shall be in accordance with other transportation way to determine the carrier's responsibility. But conditions as not stated and highway carrier's liability should be determined by this convention.
2. If the highway carriers and other mode of transportation of the carrier, then his liability shall be determined according to paragraph 1, but with respect to its highway carrier and other transportation means his identity should be regarded as two different parties.
The second chapter, the carrier is responsible for the object
Article 3 the
In this convention, when the carrier's agent, servant or other person in the employment within the scope of the carrier to respond to these agents, employment, and for the performance of the transport and use of any other service people's behavior and not act as as responsible for his own behavior or not behavior.
The third chapter the signing of the contract of transport and performance
Article 4.
The contract of carriage shall be confirmed by issuing waybill. No waybill, air waybill irregular or loss will not affect the validity of the contract of carriage, or, is still restricted by the provisions of this convention.
Article 5.
1. The waybill shall be issued by a shipment and the carrier in respect of three originals, the signature can be printed or as waybill issued by state law, can be made of delivery to the carrier and seals. Consignor should first delivery, the second should be delivered to follow the goods, the third part shall be retained by the carrier.
2. When to pack the goods in different number of the car is equipped with different kinds of goods or goods, the shipper or carrier has the right to require the use of each vehicle, each cargo or for each shipment waybill issued respectively.
Article 6.
1. The waybill shall include the following items:
(a) bill issuing date and place;
(b) the shipper name and address;
(c) the carrier name and address;
(d) take over the location of the goods and the date and delivery location;
(e) the consignee name and address;
(f) the commodity name and packing method, usually used for dangerous goods, that is usually recognized performance;
(g) number and its special symbol and number;
(h) the number of cargo gross weight or in other ways;
(I) related to transportation costs (transportation costs, additional fees, tariffs and other occurring during the period from contract to delivery costs).
(j) must inform the customs and other formalities;
(k) regardless of any contrary terms, the transportation must comply with the provisions of this convention.
2. If applicable, waybill should also include the following items:
(a) are not allowed to transfer instructions;
(b) the shipper is responsible for the fees;
(c) the amount of "cash" delivery costs;
(d) value of goods and delivery amount preferential interest statement;
(e) shipper about the cargo insurance to give instructions of the carrier;
(f) agreed to perform the transport limitation period;
(g) delivery carrier documents list.
3. States parties can they think useful on waybill on other matters.
Article 7.
1. The shipper to deal with improper due to the following items is not exact or all the expenses, loss and damage suffered by the carrier is responsible for:
In paragraph 1 of article 6 (a) (b) (d) (e) (f) (g) (h) and (j) of the items listed.
(b) the second paragraph of article 6 of the matters listed;
(c) issued by artificially make shipment waybill or purpose lies in its list of waybill and any other items or give instructions.
2. If requested by shipper, the carrier will be mentioned in the first paragraph of this article on the waybill, unless there is proof to the contrary, he has on behalf of the consignor, the carrier shall be deemed to be so.
3. If the waybill contained in paragraph 1 of article 6 of the instructions listed in item (k), the carrier to deal with because of have the right to dispose of the goods is not behavior of all costs, loss and damage.
Article 8.
1. When to take over the goods, the carrier should check:
(a) in the waybill number and the accuracy of the marks and Numbers to declare;
(b) appearance condition and packing of the goods.
2. When the carrier (a) of paragraph 1 of this article described the accuracy of no reasonable check method, he should keep his condition along with its reason recorded in the waybill. Also, his state to deal with the goods appearance and packaging of any reservations to explain the reasons. Consignor unless explicitly agreed on waybill is restricted by such reserves, otherwise this keep the consignor should not be binding.
3. The shipper shall have the right to require the carrier to check cargo gross weight or the number of expressed in other ways. He can also be required to check the content of the goods. The carrier shall have the right to check the cost claim. Check the results should be recorded in the waybill.
Article 9.
1. The waybill should be transport contract, contract conditions, and the carrier received the prima facie evidence of the goods.
2. If not contained in the waybill carrier's special reserve condition, unless there is proof to the contrary, should be considered when the carrier to take over the goods, goods in good condition and packaging appearance, number, marks and Numbers correspond with is explained in the waybill.
Article 10.
Unless the carrier to take over the goods when the packing is obvious or carrier know did not respond to retain its defects, or due to poor packing shall not be responsible for the personnel, equipment, or other factors, he only deal with the cause of loss, damage or delay in this article, he should be responsible for responsible within the scope of those factors.
Article 11.
1. To completed the customs before delivery of the goods or other formalities, consignor shall enclose the required documents after the waybill or the carrier dominance and provide the carrier all the required conditions.
2. The carrier without liability investigation of these documents and whether accurate or appropriate. Unless it is due to misconduct or negligence of the carrier, for because of these documents and the situation of shortage or damage caused by irregular, consignor shall be responsible to the carrier.
3. The required by the carrier on the waybill and following the waybill or deposit of the carrier of these documents, because of the loss or consequences caused by incorrect use an agent's responsibility, but the carrier that pay compensation to no more than such as pay compensation for the loss of goods.
Article 12.
1. The shipper shall have the right to dispose of the goods, especially to require the carrier to stop in road transport of goods has delivered the goods to change the location or the goods delivered to the consignee appointed by the waybill.
2. When the second copy of the waybill to the consignee or the consignee according to paragraph 1 of article 13 when exercising the rights, the right to the end. After this since, the carrier should follow the consignee's instructions.
3. The consignee has the right to dispose of the goods at the time of the waybill is issued, if the shipper indicated in the waybill have such instructions.
4. Such as consignee, when exercising his right to dispose of the goods has instructed deliver the cargo to another party, then other people have the right to specify other consignee again.
5. The exercise of discretion should comply with the following conditions:
Shipper or (a) as described in the third paragraph of this article to exercise their rights under the consignee show already listed above indicates a first on the carrier's new waybill and compensation due to carry out the instructions to the carrier involved, loss of or damage to all the expenses.
(b) when instructed to perform hand carry out the instructions is possible, at the same time does not interfere with the normal work of the carrier, also does not interfere with other cargo consignor or consignee;
(c) the instructions does not cause the assorting of the goods.
6. Due to the provisions of the paragraphs 5 (b) when the carrier don't receive instructions to perform, he shall be notified immediately to the instructions.
7. Did not implement the provisions of this article in the condition of giving instructions, or has not been asked to show execute instructions the first copy of the waybill carrier, which has caused any loss of or damage to the right to DiPei responsible person.
Article 13.
1. When the goods arrived at the designated place of delivery, the consignee shall have the right to require the carrier to the second with a receipt copy of the waybill and cargo to him. If the goods loss has been established after the expiry of the time limit or the provisions of article 19 in the goods did not arrive, the consignee of the contract of carriage of the carrier shall have the right in its own name to enjoy any rights.
2. Quotes of the authorization referred to in paragraph (1) of this article, the consignee should pay in the waybill should pay the fee, but if there is any dispute in this matter, unless the consignee has guarantee, otherwise should not require the carrier to deliver the goods.
Article 14.
1. If for some reason or according to the conditions stipulated in the waybill, performed the contract before the arrival of the goods specified place of delivery has or to become impossible, the carrier shall be from those who have the right to dispose of the goods according to the provisions of article 12 obtain instructions.
2. However, if the circumstances stipulated in the different from the waybill of the conditions of transportation, and if the carrier can't within a reasonable period of time according to the provisions of article 12 instructions from those who have the right to dispose of the goods place, he should take his thought to have the right to dispose of the goods is the most favorable measures.
Article 15.
1. If the goods arrived at the designated delivery location of hinder delivery of goods, the carrier should ask shipper to give instructions. If the consignee refuses to pick up the goods, shipper shall have the right to dispose the goods without having to produce the first copy of the waybill.
2. Even if the consignee has refused to pick up the goods, but not as long as the carrier from the shipper received instructions to the contrary, the consignee still can ask to delivery of the goods.
3. When the consignee to exercise rights under paragraph 3 of article 12 of the above instruction will be another man after delivery of the goods delivery situation, paragraphs 1 and 2 shall apply, as the consignee is shipper, another is the consignee.
Article 16.
1. Unless asked for and implement the instructions of charge is caused by wrong ACTS or omissions of the carrier, otherwise, the carrier shall have the right to enjoy pay the costs of the rights.
(2) in article 14 of the mentioned in paragraph 1 and article 15 cases, the carrier can be immediately discharge shall have the right to dispose of the goods, since transportation should be seen as an end. Then, the carrier shall be representative shall have the right to dispose of the goods is in charge of the goods. But the carrier can also be used to defer to the third party in charge of the goods, and in that case, he more careful to choose in addition to the responsibility of a third party, are not responsible for any other. In the waybill fees and all other costs should be in order to deal with
The goods guarantee.
3. The conditions of the goods if the goods are perishable or so, or when the stack rates would exceed the value of the goods, the carrier may sell the goods without having to wait for instructions shall have the right to dispose of the goods. In other cases, if after the expiration of the contract, the carrier has not received from those who have the right to dispose of the goods that he carried out reasonable contrary instructions, he can also be used to sell the goods.
4. If the goods have been sold in accordance with this article, shall be borne by the goods will be deducted from the sale of payment of the balance of the cost should belong to the person that has the right to dispose of the goods. If these costs more than payment for goods, the carrier shall have the right to enjoy the difference.
5. The goods procedure of sale of goods shall be conducted by the law or habits to determine.
The fourth chapter the liability of the carrier
Article 17.
1. The carrier when coping since taking over the goods to delivery of all or part of the loss and damage as well as responsible for any delay in delivery of goods.
2. But if the goods loss, damage or delay is due to the claimant's misconduct or negligence, is due to the claimant's instructions and not due to misconduct or negligence of the carrier, the inherent defects of the goods or the carrier can't be avoided and the carrier can't prevent the results caused by, the carrier shall be exempted from liability.
3. To due to adverse conditions or performance of the transport and use of vehicles as the carrier has to rent the vehicle or his agent or misconduct or negligence of his servant, the carrier shall not be exempted from liability.
4. In accordance with article 18 2 to paragraph 5, when the loss of or damage to the goods is in the following one or more cases caused by the special risks, the carrier shall be liability:
(a) used when agreed and has set up a file in the waybill clear regulations without cover open wagon.
(b) if the goods according to its nature, in the absence of has not been properly packed in packaging or easy to loss or damage to the case, without packaging or packing;
(c) by a representative of the shipper, consignee or consignor or consignee's cargo handling, loading, stowage and unloading;
(d) in particular as a result of fracture, rust, rot, drying, leakage, normal wear and tear or bug eat by moth, easy to cause loss of all or part of the nature of some of the loss of or damage to the goods;
(e) insufficient or improper logo or number on the package;
(f) the carrier activities.
5. According to this article, the carrier of certain causes of loss, damage or delay of goods of any other of the damage to the goods and the cite, shipper should be responsible for the carrier.
Article 18.
(1) of paragraph 2 of article 17 of the one of the reasons caused by the loss, damage or delay, the carrier shall bear the burden of proof.
2. Confirm the loss of or damage to the case when the carrier can be attributed to the mentioned in paragraph 4 of article 17 of one or more than one special risks, such is should be presumed. But in fact is not loss of or damage to the claimant shall have the right to prove that in whole or in part due to one of these risks.
3. If you have a lot of shortage or whole loss, the presumption should not apply to article 17 (4) (a) described in the case.
4. If the goods by a special device to protect the goods not heat, cold, and the influence of temperature or humidity of the air car transport, unless the carrier proves that he's choice of this kind of equipment, maintenance and use of situation are supposed to take all the measures taken and has acted on the give him special instructions, otherwise, the carrier shall not be entitled to enjoy a claim (d) in paragraph 4 of article 17 of the interests.
5. Unless the carrier proves that, according to the situation he has adopted a general should take all measures and has acted on give him special instructions, otherwise, the carrier has no right to enjoy the article 17 paragraph 4 (f) of interest.
Article 19.
When the goods have not been delivered in agreed time period, or the agreed time period, after considering the actual situation, the period of actual transport, especially the assorting transport, under normal circumstances of the goods the time required to more than the reasonable time to allow a diligent carrier, is regarded as delay in delivery.
Article 20.
1. Within 30 days after the expiry of the time limit agreed or if there is no agreed time limit, within 60 days to take over the goods from the carrier of the goods is not the fact of delivery shall be deemed to be loss of goods in the end prove, so has the right to lodge a claim against people visual goods have already been lost.
2. Have the right to DiPei people receive compensation for loss of goods, may request in writing - after a year in compensation payment as the goods be found, should notice to him immediately. This kind of requirement should give written confirmation to him.
3. Within 30 days after receiving notice, accrued expenses on delivery waybill and refund he received compensation, the cost of transport including reduction after the DiPei right people may be required to deliver the goods to him, but does not harm the article 23 of the delay in delivery for any claims and article 26 if applicable.
4. If not mentioned in paragraph 2 or in the third paragraph during the period of 30 days without any indication or indemnity paid more than a year later the goods still not found, the carrier shall have the right to the goods according to the law to deal with the goods.
Article 21.
If the goods have been delivered to the consignee without charge in accordance with the terms of the contract of carriage of the carrier should be the "cash" delivery charge, the carrier shall be responsible to shipper for compensation does not exceed the amount of the fees, such compensation does not interfere with his litigation rights of the consignee.
(1956) in Geneva on May 19,