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Convention on the Contract for the International Carriage of Goods

(CMR - CMR)

(As amended on July 5, 1978).

 PREAMBLE

   The Contracting Parties, recognizing the desirability of standardizing the conditions of contract for the international carriage of goods by road and, in particular, the conditions relating to the required documents for such carriage and carrier's liability, have agreed as follows:

 CHAPTER I. SCOPE OF THE CONVENTION

Article 1

   1. This Convention shall apply to every contract for the carriage of goods for reward by a vehicle, when the place of loading and the place of delivery specified in the contract are located in two different countries, of which at least one party to the Convention. Application of the Convention does not depend on place of residence and nationality of the contracting parties.

   2. The means motor vehicles, cars with trailers, trailers and semi-trailers as defined in article 4 of the Convention on Road Traffic of 19 September 1949 the application of this Convention, "vehicles".

   3. The present Convention shall also apply in the event that carriage coming within its scope is carried out by States or by governmental institutions or organizations.

   4. This Convention shall not apply to:

• a) to carriage performed under the terms of any international postal convention;

• b) to the carriage of the dead;

• c) to transport environment and furniture while moving.

   5. The Contracting Parties shall make changes in the present Convention by special agreements between two or more Contracting Parties, 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. If on the part of the transport vehicle containing the goods is carried by sea, rail, inland waterways or air transport without overload, except as provided for in Article 14, this Convention applies to the whole of the carriage. However, if it is proved that loss, damage or delay in delivery took place during the carriage by the other means of transport other than road, and were not caused by an act or omission of the carrier by road, and were caused by the fact that only in time could occur and because of the transportation, not produced by road transport, road carrier's liability is determined not by this Convention and those provisions which would determine the responsibility of any non-road carrier under conclude enii between it and the sender of the contract for shipping in accordance with the mandatory provisions of the law relating to the carriage of goods by any mode of transport other than road. Nevertheless, in the absence of such provisions of the road carrier's liability is determined by this Convention.

   2. In the case where the carrier is producing road transportation, at the same time produces a transport and other means of transport, his liability is defined as 1 point as if it were a function of road carrier and the function of the carrier, the carriage of no road mode of transport would be carried out in two different persons.

 Chapter II. Persons for whom the Carrier is Responsible

Article 3

   In the application of this Convention the carrier shall be liable as for his own acts and omissions and for the acts and omissions of his agents and all other persons whose services he makes use for the performance of the carriage, when these agents or individuals acting within their duties.

 Chapter III. Conclusion and Performance of the Contract of Carriage

Article 4

  Contract of carriage shall invoice. The absence, irregularity or loss of the consignment note shall not affect the existence or the validity of the contract of carriage, which in this case, the provisions of this Convention.

 Article 5

  1. The consignment note shall be made in three original copies signed by the sender and the carrier, and these signatures may be printed or replaced by the stamps of the sender and the carrier if it is permitted by the law of the country in which the consignment note is made. The first copy shall be handed to the sender, the second shall accompany the goods and the third retained by the carrier.

   2. In the case where the goods are to be carried have to be loaded onto different vehicles or when it comes to various kinds of loads or different consignments, the shipper or the carrier has the right to demand the drafting of such a number of bills, which corresponds to the number of vehicles used or the number of subject transportation of various goods or consignments.

 Article 6

   1. The consignment note shall contain the following information:

• a) the place and date of its execution;

• b) the name and address of the sender;

• c) the name and address of the transport agent;

• d) place and date of acceptance of the goods and the place of delivery;

• e) the name and address of the recipient;

• f) The description in 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 expressed in other units of measurement of the amount of cargo;

• i) associated with the transportation costs (transportation costs, additional costs, customs duties and fees, and other charges incurred from the date of conclusion of the contract until delivery);

• j) The requisite instructions for Customs and other formalities;

• k) statement that the carriage is carried out regardless of any reservations, in accordance with the requirements established by this Convention.

   2. In the case of the consignment note shall also contain the following information:

• a) prohibition of transhipment;

• b) charges which the sender undertakes to pay;

• c) sum payment imposed on the goods subject to compensation at the delivery of the goods;

• d) the application 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) performing an additional period of transportation;

• g) 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 is responsible for all transportation costs and damages caused by the inaccuracy or inadequacy of:

• a) instructions in paragraphs b), d), e), f), g), h), j) of paragraph 1 of Article 6;

• b) instructions in paragraph 2, 6;

• c) Any other particulars or instructions given by him to the consignment note or to be included in it.

   2. If, at the request of the sender, the carrier enters in the consignment note, as specified in paragraph 1 of this Article 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 paragraph 1 k) of Article 6, the carrier is responsible for all costs and any damages that may be caused to the authorized person in respect of the goods as a result of such failure.

 Article 8

   1. When making a cargo carrier shall check:

• a) the accuracy of the entries made in the consignment note the number of packages and their marks and numbers;

• b) the apparent condition of the goods and their packaging.

   2. If the carrier has no reasonable means of checking the correctness of records referred to in paragraph 1 a) of this Article, he shall enter in the consignment-based reservations. It must also justify all made their reservations regarding the apparent condition of the goods and their packaging. These reservations are not binding for the sender, if the latter intentionally does not have the invoice that he accepts them. 3. The sender shall be entitled to require checking the weight of the carrier or the gross amount of the goods expressed in other units. It may also require verification of the contents of the packages. The carrier may demand reimbursement of expenses related to auditing. The results of inspections shall be entered in the consignment note.

 Article 9

   1. The consignment note shall be prima facie evidence, has the virtue of an agreement regarding the terms and conditions and the receipt of the goods by the carrier.

   2. If the consignment note by the carrier, there is a presumption of reservations, that the goods and their packaging appeared to be in good condition when the carrier and that the number of packages and their marks and numbers corresponded with the consignment note.

 Article 10

   The sender shall be liable to the carrier for the damage caused to persons, equipment or other goods, as well as for any costs that may be caused by defective packing of the goods, unless the apparent or known to the carrier at the time of receipt of the goods damaged by the carrier has been done regarding this appropriate reservations.

 Article 11

  1. The sender is obliged to deliver the goods to attach to the consignment note or make available to the carrier the necessary documents and to report all required information to perform the customs and other formalities.

   2. Checking the correctness and completeness of these documents does not lie on the carrier's obligations. The sender is responsible to the carrier for any damage that may be caused by the absence, inadequacy or irregularity of such documents and information, except in the case of fault of the carrier.

   3. The carrier shall be liable on the same basis as the commissioner, for the consequences of the loss or misuse of the documents referred to in the invoice attached to or deposited with him; the amount of compensation payable by him shall not, however, exceed that which would have been payable in case of loss.

 Article 12

  1. The sender has the right to dispose of the goods, in particular by asking the carrier to stop the goods, the place changes envisaged for the delivery of goods or delivery of the goods other than the consignee indicated in the consignment note.

   2. This right shall cease from the moment when the second copy of the bill handed to the consignee or when the latter exercises his rights under paragraph 1 of Article 13; from that time onwards the carrier shall obey the orders of the consignee.

   3. However, the right of disposal belongs to the recipient from the date of the invoice if the invoice sender makes an indication.

   4. If in exercising his right of disposal the consignee has ordered the delivery of the goods to another person, shall not be entitled to name other consignees.

    5. The right of control is carried out under the following conditions:

• a) the sender, or in the case referred to in paragraph 3 of this Article, - the recipient, who wishes to exercise this right, the first copy of the consignment note on which the new regulations should be introduced, the data carrier as well as to compensate the transport costs and the damage caused by performing these instructions;

b) the execution of these instructions must be possible at the time when they were the person who is to carry them out; it should not disturb the normal operation of the enterprise and the carrier shall not prejudice the senders or consignees of other consignments;

c) That the instructions do not in any case lead to a division of the consignment.

   6. If the carrier can not carry out the instructions of the reason specified in paragraph 5 b) provisions, he shall immediately notify the person to whom the instructions were given.

   7. A carrier who has not carried out the instructions that were given to him under the conditions specified in this article, or to obey such instructions without requiring the first copy of the invoice, is responsible to the competent person under the contract for the expenditure so incurred.

 Article 13

   1. On arrival of the goods at the place designated for delivery, the consignee is entitled to demand the transfer of the second copy of the invoice and delivery of the goods to him, and against a receipt in adoption. If the loss of the cargo, or if the cargo has not arrived at the expiration of the period provided for in Article 19, the recipient can claim on his behalf against the carrier, referring to the rights provided to him by the contract of carriage.

   2. The recipient of exercising the rights granted to it under paragraph 1 of this article shall pay the charges due on the consignment note. In the event of dispute on this matter the carrier is obliged to supply the goods only in case of a deposit by the recipient.

 Article 14

   1. If for any reason the performance of the contract under certain conditions in the bill is or becomes impossible before the arrival of the goods reach the place designated for delivery, the carrier shall ask for instructions from the person entitled to dispose of the goods under Article 12.

   2. If the circumstances allow to perform transportation in conditions other than those provided for in the bill, and if the carrier is unable to receive timely instructions from the person entitled to dispose of the goods in accordance with article 12, the carrier shall take such steps as appear to him to be in the best interests of the person, having the right to dispose of the goods.

 Article 15

   1. If, after the arrival of the goods at the destination appear obstacles to its delivery, the carrier shall ask for instructions from the sender. If the consignee refuses the goods the sender shall be entitled to dispose of the goods without presenting the first copy of the invoice.

   2. Even if he has refused the goods, may at any time require delivery so long as the carrier has not received instructions to the contrary from the sender.

   3. If an obstacle to the delivery of the goods arise after the consignee according to the provided him the paragraph 3 of article 12 of the law gave the order to deliver the goods to any other person, for the implementation of the above provisions of paragraphs 1 and 2 becomes the recipient to the sender's location, and the other person - in place of the recipient.

 Article 16

   1. The carrier is entitled to reimbursement of the expenses caused by his request for instructions or carrying out such instructions, unless such expenses were caused by his own fault.

   2. Under the conditions specified in paragraph 1 of article 14 and article 15, the carrier may immediately unload the goods at the expense of the person entitled under the contract; thereupon the carriage is considered complete. In this case, the carrier shall store the goods. He may, however, entrust them to a third party in this case is only liable for the prudent selection of these third parties. Cargo is thus burdened by lying on it contractual obligations arising out of the consignment note and all other expenses.

   3. The carrier may sell the goods, without awaiting instructions from the person entitled to if the goods are perishable or if required by his condition, or if the storage of goods entails the costs are too high compared with its value. In other cases, the carrier may sell the goods, if the due date he has not received from the person entitled to instructions to the contrary, the implementation of which may reasonably be required.

   4. If the goods under the provisions of this Article proceeds of sale, after deduction of the cargo and to be paid the costs should be transferred at the disposal of the person entitled to. If expenses exceed revenues, the carrier shall be entitled to the difference.

   5. apply to the sale procedure is determined by the current at the point of sale by the laws or customs.

 Convention on the Contract for the International Carriage of Goods

(CMR - CMR)

(As amended on July 5, 1978).

 PREAMBLE

   The Contracting Parties, recognizing the desirability of standardizing the conditions of contract for the international carriage of goods by road and, in particular, the conditions relating to the required documents for such carriage and carrier's liability, have agreed as follows:

CHAPTER I. SCOPE OF THE CONVENTION

Article 1

   1. This Convention shall apply to every contract for the carriage of goods for reward by a vehicle, when the place of loading and the place of delivery specified in the contract are located in two different countries, of which at least one party to the Convention. Application of the Convention does not depend on place of residence and nationality of the contracting parties.

   2. The means motor vehicles, cars with trailers, trailers and semi-trailers as defined in article 4 of the Convention on Road Traffic of 19 September 1949 the application of this Convention, "vehicles".

   3. The present Convention shall also apply in the event that carriage coming within its scope is carried out by States or by governmental institutions or organizations.

   4. This Convention shall not apply to:

• a) to carriage performed under the terms of any international postal convention;

• b) to the carriage of the dead;

• c) to transport environment and furniture while moving.

   5. The Contracting Parties shall make changes in the present Convention by special agreements between two or more Contracting Parties, 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. If on the part of the transport vehicle containing the goods is carried by sea, rail, inland waterways or air transport without overload, except as provided for in Article 14, this Convention applies to the whole of the carriage. However, if it is proved that loss, damage or delay in delivery took place during the carriage by the other means of transport other than road, and were not caused by an act or omission of the carrier by road, and were caused by the fact that only in time could occur and because of the transportation, not produced by road transport, road carrier's liability is determined not by this Convention and those provisions which would determine the responsibility of any non-road carrier under conclude enii between it and the sender of the contract for shipping in accordance with the mandatory provisions of the law relating to the carriage of goods by any mode of transport other than road. Nevertheless, in the absence of such provisions of the road carrier's liability is determined by this Convention.

   2. In the case where the carrier is producing road transportation, at the same time produces a transport and other means of transport, his liability is defined as 1 point as if it were a function of road carrier and the function of the carrier, the carriage of no road mode of transport would be carried out in two different persons.

 Chapter II. Persons for whom the Carrier is Responsible

Article 3

   In the application of this Convention the carrier shall be liable as for his own acts and omissions and for the acts and omissions of his agents and all other persons whose services he makes use for the performance of the carriage, when these agents or individuals acting within their duties.

 Chapter III. Conclusion and Performance of the Contract of Carriage

Article 4

   Contract of carriage shall invoice. The absence, irregularity or loss of the consignment note shall not affect the existence or the validity of the contract of carriage, which in this case, the provisions of this Convention.

 Article 5

   1. The consignment note shall be made in three original copies signed by the sender and the carrier, and these signatures may be printed or replaced by the stamps of the sender and the carrier if it is permitted by the law of the country in which the consignment note is made. The first copy shall be handed to the sender, the second shall accompany the goods and the third retained by the carrier.

   2. In the case where the goods are to be carried have to be loaded onto different vehicles or when it comes to various kinds of loads or different consignments, the shipper or the carrier has the right to demand the drafting of such a number of bills, which corresponds to the number of vehicles used or the number of subject transportation of various goods or consignments.

 Article 6

   1. The consignment note shall contain the following information:

• a) the place and date of its execution;

• b) the name and address of the sender;

• c) the name and address of the transport agent;

• d) place and date of acceptance of the goods and the place of delivery;

• e) the name and address of the recipient;

• f) The description in 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 expressed in other units of measurement of the amount of cargo;

• i) associated with the transportation costs (transportation costs, additional costs, customs duties and fees, and other charges incurred from the date of conclusion of the contract until delivery);

• j) The requisite instructions for Customs and other formalities;

• k) statement that the carriage is carried out regardless of any reservations, in accordance with the requirements established by this Convention.

   2. In the case of the consignment note shall also contain the following information:

• a) prohibition of transhipment;

• b) charges which the sender undertakes to pay;

• c) sum payment imposed on the goods subject to compensation at the delivery of the goods;

• d) the application 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) performing an additional period of transportation;

• g) 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 is responsible for all transportation costs and damages caused by the inaccuracy or inadequacy of:

• a) instructions in paragraphs b), d), e), f), g), h), j) of paragraph 1 of Article 6;

• b) instructions in paragraph 2, 6;

• c) Any other particulars or instructions given by him to the consignment note or to be included in it.

   2. If, at the request of the sender, the carrier enters in the consignment note, as specified in paragraph 1 of this Article 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 paragraph 1 k) of Article 6, the carrier is responsible for all costs and any damages that may be caused to the authorized person in respect of the goods as a result of such failure.

 Article 8

   1. When making a cargo carrier shall check:

• a) the accuracy of the entries made in the consignment note the number of packages and their marks and numbers;

• b) the apparent condition of the goods and their packaging.

   2. If the carrier has no reasonable means of checking the correctness of records referred to in paragraph 1 a) of this Article, he shall enter in the consignment-based reservations. It must also justify all made their reservations regarding the apparent condition of the goods and their packaging. These reservations are not binding for the sender, if the latter intentionally does not have the invoice that he accepts them. 3. The sender shall be entitled to require checking the weight of the carrier or the gross amount of the goods expressed in other units. It may also require verification of the contents of the packages. The carrier may demand reimbursement of expenses related to auditing. The results of inspections shall be entered in the consignment note.

 Article 9

   1. The consignment note shall be prima facie evidence, has the virtue of an agreement regarding the terms and conditions and the receipt of the goods by the carrier.

   2. If the consignment note by the carrier, there is a presumption of reservations, that the goods and their packaging appeared to be in good condition when the carrier and that the number of packages and their marks and numbers corresponded with the consignment note.

 Article 10

   The sender shall be liable to the carrier for the damage caused to persons, equipment or other goods, as well as for any costs that may be caused by defective packing of the goods, unless the apparent or known to the carrier at the time of receipt of the goods damaged by the carrier has been done regarding this appropriate reservations.

 Article 11

   1. The sender is obliged to deliver the goods to attach to the consignment note or make available to the carrier the necessary documents and to report all required information to perform the customs and other formalities.

   2. Checking the correctness and completeness of these documents does not lie on the carrier's obligations. The sender is responsible to the carrier for any damage that may be caused by the absence, inadequacy or irregularity of such documents and information, except in the case of fault of the carrier.

   3. The carrier shall be liable on the same basis as the commissioner, for the consequences of the loss or misuse of the documents referred to in the invoice attached to or deposited with him; the amount of compensation payable by him shall not, however, exceed that which would have been payable in case of loss.

 Article 12

   1. The sender has the right to dispose of the goods, in particular by asking the carrier to stop the goods, the place changes envisaged for the delivery of goods or delivery of the goods other than the consignee indicated in the consignment note.

   2. This right shall cease from the moment when the second copy of the bill handed to the consignee or when the latter exercises his rights under paragraph 1 of Article 13; from that time onwards the carrier shall obey the orders of the consignee.

   3. However, the right of disposal belongs to the recipient from the date of the invoice if the invoice sender makes an indication.

   4. If in exercising his right of disposal the consignee has ordered the delivery of the goods to another person, shall not be entitled to name other consignees.

   5. The right of control is carried out under the following conditions:

• a) the sender, or in the case referred to in paragraph 3 of this Article, - the recipient, who wishes to exercise this right, the first copy of the consignment note on which the new regulations should be introduced, the data carrier as well as to compensate the transport costs and the damage caused by performing these instructions;

b) the execution of these instructions must be possible at the time when they were the person who is to carry them out; it should not disturb the normal operation of the enterprise and the carrier shall not prejudice the senders or consignees of other consignments;

c) That the instructions do not in any case lead to a division of the consignment.

   6. If the carrier can not carry out the instructions of the reason specified in paragraph 5 b) provisions, he shall immediately notify the person to whom the instructions were given.

   7. A carrier who has not carried out the instructions that were given to him under the conditions specified in this article, or to obey such instructions without requiring the first copy of the invoice, is responsible to the competent person under the contract for the expenditure so incurred.

 Article 13

   1. On arrival of the goods at the place designated for delivery, the consignee is entitled to demand the transfer of the second copy of the invoice and delivery of the goods to him, and against a receipt in adoption. If the loss of the cargo, or if the cargo has not arrived at the expiration of the period provided for in Article 19, the recipient can claim on his behalf against the carrier, referring to the rights provided to him by the contract of carriage.

   2. The recipient of exercising the rights granted to it under paragraph 1 of this article shall pay the charges due on the consignment note. In the event of dispute on this matter the carrier is obliged to supply the goods only in case of a deposit by the recipient.

 Article 14

   1. If for any reason the performance of the contract under certain conditions in the bill is or becomes impossible before the arrival of the goods reach the place designated for delivery, the carrier shall ask for instructions from the person entitled to dispose of the goods under Article 12.

   2. If the circumstances allow to perform transportation in conditions other than those provided for in the bill, and if the carrier is unable to receive timely instructions from the person entitled to dispose of the goods in accordance with article 12, the carrier shall take such steps as appear to him to be in the best interests of the person, having the right to dispose of the goods.

Article 15

   1. If, after the arrival of the goods at the destination appear obstacles to its delivery, the carrier shall ask for instructions from the sender. If the consignee refuses the goods the sender shall be entitled to dispose of the goods without presenting the first copy of the invoice.

   2. Even if he has refused the goods, may at any time require delivery so long as the carrier has not received instructions to the contrary from the sender.

   3. If an obstacle to the delivery of the goods arise after the consignee according to the provided him the paragraph 3 of article 12 of the law gave the order to deliver the goods to any other person, for the implementation of the above provisions of paragraphs 1 and 2 becomes the recipient to the sender's location, and the other person - in place of the recipient.

 Article 16

   1. The carrier is entitled to reimbursement of the expenses caused by his request for instructions or carrying out such instructions, unless such expenses were caused by his own fault.

   2. Under the conditions specified in paragraph 1 of article 14 and article 15, the carrier may immediately unload the goods at the expense of the person entitled under the contract; thereupon the carriage is considered complete. In this case, the carrier shall store the goods. He may, however, entrust them to a third party in this case is only liable for the prudent selection of these third parties. Cargo is thus burdened by lying on it contractual obligations arising out of the consignment note and all other expenses.

   3. The carrier may sell the goods, without awaiting instructions from the person entitled to if the goods are perishable or if required by his condition, or if the storage of goods entails the costs are too high compared with its value. In other cases, the carrier may sell the goods, if the due date he has not received from the person entitled to instructions to the contrary, the implementation of which may reasonably be required.

   4. If the goods under the provisions of this Article proceeds of sale, after deduction of the cargo and to be paid the costs should be transferred at the disposal of the person entitled to. If expenses exceed revenues, the carrier shall be entitled to the difference.

   5. apply to the sale procedure is determined by the current at the point of sale by the laws or customs.

 Chapter IV. LIABILITY OF THE CARRIER

Article 17

   1. The carrier is liable for the total or partial loss of the goods and for damage thereto occurring between the time when the goods and their delivery, as well as for any delay in delivery.

   2. The carrier shall be relieved of liability if the loss, damage or delay occurred through the fault of the person entitled under the contract, due to the order of the latter, is not caused by any fault of the carrier, any defect in the goods or through circumstances which the carrier could not and the consequences of which he could not prevent.

   3. The carrier may not relieved of its responsibility any vehicle defects, which it uses for transportation, any person guilty, who had rented a car, or the last agent.

   4. Subject to paragraphs 2 and 5 of Article 18 of 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) using open unsheeted vehicles, if such use has been specifically required and specified in the invoice;

• b) to the absence of or damage to the packaging of goods, 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 some goods prone because of these properties due to their nature, the total or partial destruction or damage, in particular damage-prone, rusting, rotting sudden, shrinkage, leakage or loss of normal attack vermin;

• e) insufficiency or inadequacy of marks or numbers on the packages;

• f) The carriage of livestock.

   5. Where under this article the carrier is not liable for some of the circumstances that caused the damage, its responsibility is limited to the extent that those in which it is responsible under this Article for the circumstances that contributed to the damage.

 Article 18

   1. The burden of proof that the loss, damage or delay was due to circumstances specified in article 17, paragraph 2.

   2. When the carrier establishes that in the circumstances of the loss or damage could be attributed to one or more of the special risks referred to in paragraph 4 of Article 17, it shall be presumed that it was so caused. The person entitled may, however, prove that the partial or total damage was not the result of one of these risks.

   3. This presumption is not allowed in the case referred to in paragraph 4 a) of article 17 if an abnormal shortage or loss of the cargo space.

   4. If the carriage is performed in a vehicle equipped so that the cargo is not subjected to the influence of heat, cold, changes in temperature or humidity, the carrier may refer to item 4 d) the article 17 only in the case if it is proved that all the measures that he had to take, given the circumstances, it has taken with regard to the choice, maintenance and use of such equipment and that he was guided by his specific instructions.

   5. The carrier may invoke in their favor, paragraph 4 f) of Article 17 only if he proves that all steps that he was required to take, given the circumstances, they were taken and that he complied with any special instructions that may be he are given.

 Article 19

   It is recognized that there was a delay, if the goods have not been delivered within the agreed time limit or, in the absence of a specified time period, if, given the circumstances in which the carriage was made, and in particular at partial loading, taking into account the time needed to compile a complete party in the normal conditions, the actual duration of the carriage exceeds the time required under the usual conditions to perform diligent carrier.

 Article 20

   1. The person so entitled may, without presenting other evidence to consider the goods lost when it has not been delivered within thirty days after the due date or, when such was not, within sixty days from the date of receipt of the goods by the carrier.

   2. The person so entitled may, on receipt of compensation for the missing goods, request in writing that his immediate return in the event that the goods will be found within the year following the payment of compensation. Taking note of the requirements it must be confirmed in writing.

   3. Within thirty days after receipt of notification that the goods are found, The person so entitled may require that the goods have been delivered to him in the payment of the debt arising from the bill, as well as the return of compensation he had received less the expenses incurred included in the amount of compensation, and the reservation of all rights to compensation for delay in delivery provided for in article 23 and, if the case there are grounds, in article 26.

   4. In the absence of the request mentioned in paragraph 2 or of any instructions given within thirty days provided for in paragraph 3, or if the cargo was found only after one year from the date of payment of compensation for his loss, the carrier may dispose with them in accordance with the law place where the goods are.

 Article 21

   If the goods are delivered to the consignee without payment penalties imposed on goods that had to be collected by the carrier under the terms of the contract of carriage, the carrier must pay the sender compensation in an amount not exceeding the amount of such charge without prejudice to his right to bring an action to the recipient.

 Article 22

  1. When the sender hands carrier of dangerous goods, he shall specify the exact nature of the danger, and, if necessary, to specify the necessary precautions to be taken.

   If this information has not been entered in the consignment, the sender or the recipient must by every other way to prove that the carrier knew the exact nature of the danger posed by the carriage of the said goods.

   2. Dangerous goods on the character of which the carrier has not been informed in compliance with the conditions specified in paragraph 1 of this Article may be at any time and in any place, be unloaded, destroyed or rendered innocuous by the carrier without compensation for them; the sender is also responsible for all costs and damages caused by the transfer of the goods 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 determined based on the value of the goods at the place and time of its acceptance for transportation.

   2. The value of the goods is determined on the basis of stock quotes, or lack thereof, on the basis of the current market price, or if there is no one or the other based on the normal value of goods of the same kind and quality.

   3. However, the amount of compensation can not exceed 8.33 monetary units per kg of gross weight.

   4. In addition, subject to compensation:

• payment for transportation,

• customs duties and taxes,

• as well as other costs associated with shipping, full in case of total loss and in proportion to the size of the damage, with partial loss;

• a loss of non-refundable.

   5. In case of delay, and if the contract authorized person can prove that the delay has caused damage, the carrier must pay damages, which may not exceed the carriage charges.

   6. Higher compensation may be claimed by the carrier only if, in accordance with Articles 24 and 26 of the declaration was made on the value of the goods or a declaration of added value of the goods on delivery.

 7. The unit of account mentioned in this Convention is the Special Drawing Right as defined by the International Monetary Fund. The amount referred to in paragraph 3 of this Article shall be converted into national currency of the State, which the court is considering the case on the basis of the value of that currency on the day of judgment, or date to be determined by agreement of the parties. Expressed in Special Drawing Rights of the national currency value of a state which is a member of the International Monetary Fund shall be calculated in accordance with the method of assessment used by the International Monetary Fund is currently on its operations and transactions. Expressed in Special Drawing Rights of the national currency value of a State which is not a member of the International Monetary Fund shall be calculated by a method to be determined by that State.

   .... 8, 9, ....

 Article 24

   The sender can specify the invoice payment of the prescribed by mutual agreement supplement to the fare cost of goods exceeding the limit specified in paragraph 3 of Article 23, in which case the amount claimed replaces this limit.

 Article 25

  1. In case of damage, the carrier shall pay the amount corresponding to the depreciation of the goods is calculated by the value of the goods fixed in accordance with the requirements of paragraphs 1, 2 and 4 of Article 23.

   2. The compensation may not, however, exceed:

• a) in case of damage due to depreciation underwent whole consignment, - the amount of compensation which would be payable in case of total loss;

• b) in case of damage due to the depreciation suffered only a part of the cargo, - the amount that would be due to the loss of that part of the cargo, which was impaired.

 Article 26

   1. The sender may, having entered in the consignment note and payment of the prescribed by mutual agreement surcharge to the fare, the declared value of cargo loss or damage in case, as well as the non-delivery of the goods at the stipulated time.

   2. If a declaration for delivery may be required regardless of the reimbursements provided for in Articles 23, 24 and 25, and to the amount of the declared value of the goods refund the additional loss or damage proved.

 Article 27

   1. The person so entitled may require the payment of interest on the amount to be reimbursed. Such interest, calculated at five per cent per annum from the date of transfer writing to the carrier or, if not followed, with the filing of the claim date.

   2. In the case where the data serving for the calculation of the compensation amount, are not expressed in the currency of the country in which payment is claimed, conversion to the currency shall be made at the current rate of the day at the place of payment of compensation.

 Article 28

   1. In cases where, under the law applicable, loss, damage or delay which occurred in the performance of the carriage covered by the present Convention may be charged a non-contractual claim, the carrier may invoke the provisions of this Convention which exclude his liability or which fix or limit the compensation due.

   2. When it comes to non-contractual liability for loss, damage or delay of one of the persons for whom the carrier is responsible in accordance with the requirements of Article 3, the person may also refer to 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 is not entitled to invoke 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 willful misconduct or by the fault, which according to the law of the court hearing the case, equivalent to willful misconduct.

   2. The same remark applies to those cases where damage was caused by willful misconduct or fault of the carrier's agents, or other persons whose services he makes use for the performance of the carriage, when such agents, servants or other persons of their duties. In such a case such agents or other persons shall not be entitled to invoke referred to in paragraph 1, the provisions of this chapter, with regard to their personal liability.

 Chapter V. CLAIMS AND ACTIONS

Article 30

   1. If the recipient received the goods, and not set the state of the goods in the presence of the carrier, or at the latest at the time of receipt of the goods when it comes to the loss or damage, or within seven days from the date of delivery of the goods, not including Sundays and public holidays when it is a question of apparent loss or damage, the carrier has not made reservations, indicating the general nature of the loss or damage has since proven otherwise, the basis for a presumption that the goods have been received by the recipient in the condition described in waybill. When it comes to the invisible loss or damage, the above reservations must be made in writing.

   2. When, on the contrary, the state of the goods has been duly checked by the consignee and the carrier, evidence contradicting the result of this statement may be presented only in the case when it comes to seemingly invisible loss or damage, or if the recipient is addressed in writing reservations to the carrier within seven days, not including Sundays and public holidays excepted, from the date of such a finding.

   3. The delay in delivery can only lead to compensation payable in the event that the reservation has been made in writing within 21 days from the date of handing over the goods at the disposal of the recipient.

   4. In calculating the delivery date or dates, depending on the circumstances or the date of ascertaining the date of transfer of goods to the recipient is not included in the period provided for in this Article.

   5. The carrier and the consignee shall give each other every reasonable facility for making the requisite investigations and checks.

 Article 31

   1. For any disputes arising out of carriage made in accordance with this Convention, the plaintiff may bring an action in the competent courts involved in the Convention, the countries referred to by common consent of the parties, the court of the country in which there are:

• a) the habitual residence of the defendant, his principal place of business or the branch or agency through which the contract was concluded transport, or

• b) the place of taking the goods for carriage or the place of delivery, and can only refer to those vessels.

   2. Where in respect of any dispute referred to in paragraph 1 of this article an action is pending before a court competent under the provisions of paragraph, or when such dispute this court decision was made between the same parties are not It can be opened a new business on the same basis, except in cases when the court's decision, which is the first lawsuit, can not be enforced in the country was referred to, in which the new action is brought.

   3. When on any dispute referred to in paragraph 1 of this Article, a decision rendered by a court of one of the countries participating in the Convention has become enforceable in that country, it shall also become enforceable in any of the other countries participating in the Convention immediately following the communication of the formalities required in the country. These formalities shall not be subject to retrial.

   4. The provisions contained in paragraph 3 of this Article shall apply to decisions rendered in the presence of the parties, the decisions of default and settlements proceedings, but do not refer to judicial decisions having only a temporary effect, or to the decision that the loser has to deal to pay not only the costs of litigation, but also to compensate the defendant losses caused wholly or partly fails in his action.

   5. The Court is not entitled to demand from the citizens of the countries participating in the Convention, which the residence or permanent residence is in one of these countries, a deposit to secure the payment of legal costs associated with the presentation of the claim relating to the transportation carried out in accordance with this Convention.

 Article 32

   1. Filing of claims that may arise as a result of transport, carried out in accordance with this Convention, may take place within one year. However, in the case of willful misconduct, or that according to the law of the court hearing the case, equivalent to willful misconduct, the period shall be three years. Period shall be calculated:

• 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 specified time or for transportation, if it is not installed, the sixtieth day after acceptance of the goods by the carrier;

• c) in all other cases - upon the expiry of three months from the date of conclusion of the contract of carriage.

Day above as a reference term feeding action is not taken into account in determining its duration.

   2. Submission of a complaint in writing to suspend the period of limitation until such date as the carrier in writing, rejected a resolution to return the documents attached thereto. In case of partial recognition of the presented period of limitation shall be resumed only in respect of that part of the claim still in dispute. The proof of the receipt of a complaint and the response to it, as well as the return of the documents lies with the party relying upon these facts.

By further claims having the same object does not interrupt the period.

   3. Subject to the provisions contained in the above 2, suspend delivery period claim legal regulated by law. The same applies to the termination of this period.

   4. The claim by lapse of time may not be exercised by way of counterclaim or setoff.

 Article 33

   The contract of carriage may contain a clause which recognizes the competence of the arbitral tribunal, provided that that article provides that the tribunal shall apply the provisions of this Convention.

 Chapter VI. Provisions concerning carriage performed by several successive Carriers

Article 34

   If carriage governed by a single contract is performed by several carriers, each of them is responsible for the whole operation, the second carrier and each succeeding carrier becoming due to their acceptance of the goods and the consignment to the participants of the contract of carriage specified in the bill of lading terms.

 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. If necessary, he does in this instance, as well as on the receipt reservations of the kind provided for in paragraph 2 of Article 8.

   2. The provisions contained in Article 9 shall apply to the relationship between the carriers, successive carriers.

 Article 36

   Since the case of a counterclaim or a setoff raised submitted to the consideration of the claim based on the same contract of carriage, any claim relating to 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 at which the event causing the loss, damage or delay; action may be brought at the same time against several of these carriers.

 Article 37

   A carrier who has paid under this Convention for compensation for damage shall have the right to recover from the other carriers involved in the implementation of the main contract of carriage, the amount to be reimbursed, with interest thereon and costs associated with transportation, according to the following provisions:

• a) the carrier, the fault which caused the damage shall be liable for damages to be paid by himself or by another carrier;

• b) if the damage was caused by the fault of two or more carriers, each of them shall pay an amount proportionate to his share of liability; if the definition of that share is impossible, each carrier shall be liable in proportion to the portion owed him payment for transportation;

• c) unless it can be ascertained to which carriers liability for damage attributable to the compensation shall be distributed among all the transport agents in the proportion mentioned in paragraph b).

 Article 38

   In the event of the insolvency of one of the carriers is due from him and unpaid by him shall be divided among the other carriers in proportion to the share of each payment for the carriage.

 Article 39

   1. The carrier, which brought one of the specified in Articles 37 and 38 of the claims for damages, is not entitled to challenge the validity of the payment made by the requirements of the claim by the carrier, when the amount of compensation for damage established by the decision of the court, unless it has been properly informed about the process and had the opportunity to take part in it.

   2. A carrier wishing to claim for damages, the claim may refer the petition to the competent court of the country in which the habitual residence of one of the carriers concerned, its principal place of business or the branch or agency through which the contract was the carriage.

   Action may be brought against all the carriers concerned in the same court.

   3. The provisions of paragraph 3 of Article 31 shall apply to judgments entered in the proceedings referred to in Articles 37 and 38.

   4. The provisions of Article 32 shall apply to claims between carriers. However, the period of limitation shall be calculated either on the date of the final judicial decision fixing the amount of compensation payable under the provisions of this Convention, or in the absence of such a decision from the actual date of payment.

 Article 40

   Carriers shall be by mutual agreement of the conditions that violate the provisions contained in Articles 37 and 38.

 Chapter VII. INVALIDITY OF CONTRACT, contrary to this Convention

Article 41

   1. Subject to the provisions of article 40, to be unenforceable, any stipulation which would directly or indirectly derogate from the provisions of this Convention.

The invalidity of such provision does not involve the nullity of the other provisions of the contract.

   2. In particular, the void is any condition, by virtue of the carrier or the rights granted to the insured cargo, or any similar condition, as well as any stipulation which would shift the burden of proof.

 Chapter VIII. FINAL PROVISIONS

Article 42

   1. This Convention shall be open for signature or accession by countries - members of the Economic Commission for Europe and countries admitted in an advisory capacity, in accordance with paragraph 8 of the mandate of this Commission.

   2. Such countries as may participate in certain activities of the Economic Commission for Europe, pursuant to article 2 of its mandate 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. After that date, it shall be open for accession.

    4. This Convention shall be ratified.

   5. Ratification or accession shall be effected by the deposit of the United Nations Secretary General of an instrument.

 Article 43

   1. This Convention shall enter into force on the ninetieth day after five of the referred to in paragraph 1 of Article 42 states 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 transfer of each of these countries the instruments of ratification or instrument of accession.

 Article 44

   1. Any Contracting Party may withdraw from this Convention by notification addressed to the United Nations Secretary-General.

 2. Withdrawal from the Convention shall enter into force upon the expiration of twelve months after the receipt of the Secretary General of said notification.

 Article 45

   If, after the entry into force of this Convention, the number of Contracting Parties is due to refusal to participate in it less than five, the Convention shall cease to have effect from the date when it will be really the last of the refusals to participate.

 Article 46

   1. Each country may, at the time of depositing its instrument of ratification or accession or at any time thereafter, declare by notification addressed to the United Nations Secretary-General that this Convention shall extend to all or part 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 ninety days after the receipt by the Secretary General of the United Nations, the Organization of such notice or, if on that day the Convention has not yet entered into force, after its entry into force.

   2. Any country which has made a declaration under the preceding paragraph statement on the application of this Convention to any territory for whose international relations it is responsible may, in accordance with article 44, denounce the Convention in respect of that territory.

 Article 47

   Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention, which the parties are unable to settle by negotiation or other means may, at the request of either of the Contracting Parties concerned, to the International Court of Justice to resolve them.

 Article 48

   1. Each Contracting Party may, at the time of signature or ratification of this Convention or accession thereto declare that it does not consider itself 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. Each Contracting Party which has made a reservation in accordance with paragraph 1 may at any time withdraw such reservation by a notification addressed to the United Nations Secretary-General.

   3. No other reservation to this Convention.

 Article 49

   1. After three years of operation of this Convention any Contracting Party may, by notification addressed to the United Nations Secretary-General, request that a conference be convened for the purpose of reviewing the Convention.

The Secretary General informed of the request to all Contracting Parties and a review conference shall

Convention, unless within four months following the communication of at least one quarter of the Contracting Parties notify him of their concurrence with the convening of such a meeting.

   2. If a conference is convened in accordance with the preceding paragraph, the Secretary General shall notify all

Contracting Parties and invite them to submit within three months, the proposals which the meeting they wish. At least three months before the opening of the meeting the Secretary General to all Contracting Parties the provisional agenda for the meeting, as well as the text of the proposals.

   3. The Secretary-General shall invite to any conference convened in accordance with this article all countries referred to in paragraph 1 of Article 42, as well as the countries which have become Contracting Parties under paragraph 2 of Article 42.

 Article 50

   In addition to the notifications referred to in Article 49, General of the United Nations shall notify the countries referred to in paragraph 1 of Article 42, as well as the countries which have become Contracting Parties under paragraph 2 of Article 42:

• a) ratifications 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 paragraphs 1 and 2 of Article 48.