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CMR

CMR - CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD

 

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 purposes 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 otber 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 as 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 :  
  (а) 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 subj ect,
  notwithstanding any clause to the contrary, to
  the provisions of this Convention.  

  2. Where applicable, the consignment note
  shall also contain the following particulars:  
  (а) A statement that trans-shipment is not
  allowed;  
  (б) 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 8

  1. On taking over the goods, the carrier shall check :
  (а) 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. 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 Ъ$ 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 carrier's undertaking or prejudice
  the senders or consignees of other consignments;  
  (с) 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 o£ 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 or 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;  
  (e) Insufficiency or inadequacy of marks or
  numbers on the packages ;  
  (f) The carriage of livestock.  

  5. Wbere under this article the carrier is
not under any liability in respect of 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 tne 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 (a), 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 (/), 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 circumstances 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
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 damages 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.

  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:

(а) 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 extracontractual
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 exceptad, 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  

(6) 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 seised
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:  
(а) 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 timelimit
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 seised 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 counter-claim 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 то 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 counter-claim 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;
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 (6) 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 то 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 SecretaryGeneral
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:

(а) Ratifications and accessions under article
42 ;
(б) 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;
(/) 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.

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 19 paragraph 4
The undersigned undertake to negotiate conventions
governing contracts for furniture removals and
combined transport.

I hereby certify that the foregoing text is a true
copy of the Convention on the Contract for the
International Carriage of Goods by Road (CMR)
and Protocol of Signature, done at Geneva on 19
May 1956, the original of which is deposited with
the Secretary-General of the United Nations.

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