Terms & Conditions
GENERAL TERMS AND CONDITIONS of Agio Logistics COURIER SERVICES AND QUICK TRANSPORT
Explanation of words used
We use certain words in the terms and conditions. Below you can read what we mean by some of these words.
The entrepreneur: Agio Logistics Courier Services and Express Transport (hereinafter: Agio Logistics) who enters into or wishes to enter into an agreement with the customer;
The customer: client, carrier, courier or the person who enters into or wants to enter into an agreement with the entrepreneur;
Agreement : an agreement between the entrepreneur and the customer with regard to transport by road.
Applicability
These general terms and conditions apply to all transport agreements, quotations and activities that Agio Logistics Courier Services and Express Transport (hereinafter: Agio Logistics) conclude with customers.
The General Transport Conditions 2002 (AVC) and General Conditions for Courier Services (AVK), always the most current version, apply to national transport by road, unless expressly agreed otherwise in writing in advance.
The Convention on the Agreement for the International Carriage of Goods by Road, in the version ratified by the Netherlands (CMR), applies to international carriage by road.
In addition to these conditions and treaty provisions, the following conditions additionally apply.
Agreement
The entrepreneur is entitled, upon or after entering into the agreement, to demand security from the customer that both obligations (including payment obligations) will be met.
The entrepreneur is authorized to engage auxiliary persons, carriers and couriers for the correct execution of the agreement.
The entrepreneur is not liable for intentional acts of auxiliary persons.
Insofar as periods have been agreed within which the work must be performed, these periods are indicative, unless expressly agreed otherwise, unless a statutory period applies. Exceeding a term within reasonable limits, with the exception of a statutory term, will never result in a shortcoming in the fulfillment of the entrepreneur’s obligation and therefore does not entitle the customer to compensation and/or dissolution of the agreement.
Cancellation
The entrepreneur is entitled to cancel the assignment for reasons of its own. In that case, the entrepreneur is obliged to inform the customer in good time with reasons for which the work cannot proceed and is not obliged to compensate any damage caused by the cancellation.
Payments
Invoicing takes place periodically. Payment of invoiced amounts will be made within 30 days of the invoice date.
In the event of late payment, one is in default and 1½% interest per month or part thereof will be owed after expiry of the payment term.
Prices
All prices are exclusive of VAT and any toll, ferry and ferry charges, unless otherwise agreed in writing.
The entrepreneur is entitled to adjust the rates annually with effect from 1 January of each year.
Costs arise because the customer has failed to make the execution of the agreement possible and/or in the event that circumstances arise that can be attributed to the customer as a result of which costs have been incurred by the entrepreneur in the execution of the agreement, are charged or settled by the entrepreneur.
Change of circumstances
If there is a change in circumstances at the buyers, which lead to an increase or decrease in the costs of the execution of the order or to additional work, the resulting change in the price and/or the manner of execution of the agreement between the parties to be agreed in writing again.
Privacy Policy and Confidentiality
In order to be able to fulfill the agreed agreements, the entrepreneur processes the (personal) data of the customer.
When the customer uses the services of the entrepreneur, the customer declares to agree to the processing of its personal data.
The privacy policy of the entrepreneur applies to the processing of personal data.
Subject to the obligations imposed on them by law to disclose data, all parties are obliged to observe secrecy towards anyone who is not involved in the execution of the assignment.
The parties are not entitled to use the information made available to them in the context of the agreement for a purpose other than that for which it was obtained.
Amendments
Agio Logistics can unilaterally change the general terms and conditions at any time.
When the customer uses the services of the entrepreneur after amendment of the general terms and conditions, the customer declares to agree with the amendments to the general terms and conditions as well as to follow them.
Clause
In the event that these general terms and conditions and the contract of carriage contain mutually contradictory terms and conditions, the terms and conditions included in the contract for services shall prevail. It is only possible to deviate from these general terms and conditions in the agreement.
Applicable law
10.1 For all disputes, the Dutch court with applicable
of Dutch law. No court outside the Netherlands has jurisdiction.
General terms and conditions for courier services
Article 1
Definitions
In these terms and conditions, the following definitions apply:
AVC: General Transport Conditions 2002 as last established by the Transport Address Foundation and filed with the Registry of the District Court in Amsterdam and Rotterdam.
CMR: Convention concerning the Agreement for the International Carriage of Goods by Road (Geneva 1956), as supplemented by the 1978 Protocol.
Courier: the person who has committed to the sender to transport a consignment as soon as possible and to deliver it to the addressee, whereby the delivery time or the delivery period on which the consignment must in any case be delivered is agreed upon in the order.
Shipment: an item or all of items that are transported simultaneously and are intended for one recipient.
Sender: the contractual counterparty of the courier.
Recipient: consignee or (co-)resident or subordinate working at the delivery address to whom the courier must deliver the shipment.
Force majeure: circumstances, insofar as a diligent courier has not been able to avoid them and insofar as such a courier has not been able to prevent the consequences thereof.
Article 2
Scope
In addition to these terms and conditions, the AVC applies to domestic courier services insofar as these terms and conditions do not deviate from them.
The CMR applies to cross-border courier services, as well as the provisions referred to in paragraph 1 of this article that do not conflict with the CMR.
Article 3
Obligations of the Courier
The courier is obliged to receive the agreed shipment at the agreed place and time.
If the courier does not comply with the obligation referred to in paragraph 1, the sender has the right, without prejudice to his right to claim compensation, to terminate the agreement immediately.
The courier is obliged to deliver the shipment to the recipient at the latest at the agreed time or within the agreed term.
Articles 9 paragraph 3 and 13 paragraph 3 AVC regarding delay do not apply.
Article 4
Obligation of the sender
In order to comply with customs and other formalities, which must be completed before the delivery of the consignment, the sender is obliged to enclose the necessary documents with the consignment note and to make them available to the courier and to provide him with all necessary information.
Article 5
Courier’s liability
Shipment damaged but content still usable
If the consignment received by the courier is not delivered in the same condition in which he received the consignment, but its contents can still be used for the purpose for which it was intended, the courier is obliged, except in case of force majeure, to repair the damage to the consignment itself up to a maximum of € 454 per consignment.
Shipment damaged and contents no longer usable or shipment missing
If the consignment received by the courier is not delivered at its destination or is not delivered in the same condition in which it was received, as a result of which the contents of the consignment can no longer be used for the purpose for which it was intended, the courier, barring force majeure, is obliged to compensate the damage caused thereby, taking into account the following amounts:
for damage to the shipment itself a maximum of € 454 per shipment;
for the damage due to the consignment no longer being able to be used for the purpose for which it was intended, a maximum of twice the freight. The agreed freight is also not due. Freight already paid must be refunded as unduly paid.
Delay
If the shipment is delivered after the expiry of the agreed
time or after expiry of the agreed term, except in the case of force majeure, the agreed freight is not due. Freight already paid must be refunded as unduly paid. If the sender and/or the addressee have suffered damage as a result, not being damage to the shipment, the courier is obliged to compensate that damage up to a maximum of twice the agreed freight. If the shipment is also damaged, the courier is also liable for damage to the shipment itself, except for force majeure, up to a maximum of € 454 per shipment.
The burden, to prove his damage, rests on the sender and/or consignee.
In the application of paragraph 3 of this article, the courier cannot invoke force majeure in the event of:
physical and mental incapacity of the driver of the vehicle
the faultiness and unsuitability of the vehicle and the material used by the courier
foreseeable traffic congestion and/or traffic density.
Article 5 of these terms and conditions does not apply to cross-border transport.
Article 6
Arbitration
All disputes arising between the parties with regard to this agreement can be settled by means of arbitration in accordance with the Regulations of the Stichting Arbitrage voor Logistiek, established in The Hague.
General Transport Conditions 2002
Article 1
Definitions
In these conditions is understood by:
Contract of carriage : the contract under which the carrier undertakes vis-à-vis the sender to transport goods by road.
Sender: the contractual counterparty of the carrier. Mentioning a sender on the consignment note does not automatically imply that the said party is the contracting party of the carrier.
Consignee: the person who is entitled to delivery of the goods towards the carrier under the contract of carriage.
The consignment note: the document drawn up in three original copies of which one copy (proof of receipt) is intended for the sender, a copy (proof of delivery) is intended for the carrier and one copy is intended for the consignee.
Auxiliary persons: subordinates of the carrier as well as persons whose services the carrier uses for the execution of the contract of carriage.
Force majeure: circumstances, insofar as a diligent carrier has been unable to avoid them and insofar as such carrier has not been able to prevent the consequences thereof.
Delay damage: financial loss as a result of delayed delivery of goods.
Written: in writing or electronically.
BW: Civil Code.
CMR: the Convention concerning the Contract for the International Carriage of Goods by Road (Geneva 1956), as supplemented by the Protocol of 1978.
General Ferry and Beurtvaart Conditions: the General Ferry and Beurtvaart Conditions, latest version, deposited by the Transport Address Foundation at the registry of the district court in Amsterdam and Rotterdam.
General Storage Conditions: the General Storage Conditions, latest version, filed by the Transport Address Foundation at the registry of the district courts in Amsterdam and Rotterdam.
Article 2
Electronic messages
If data, including those relating to the consignment note, are exchanged electronically, the parties will not contest the admissibility of electronic messages as evidence in the event of mutual disputes.
Electronic messages have the same evidential value as written messages, unless these messages are not sent, stored and registered in the format and level of security agreed between the parties, nor in the agreed manner.
A consignment note drawn up electronically and signed electronically via the TransFollow platform has the same evidential value as the consignment note referred to in Article 1. The electronic signature placed via the TransFollow platform is considered sufficiently reliable.
Article 3
Scope
The General Conditions of Carriage apply to the contract of carriage of goods by road; if the CMR applies, the General Transport Conditions apply additionally.
Article 4
Obligations of the sender; termination of the contract of carriage
The sender is obliged:
to provide the carrier in good time with all those statements regarding the goods as well as regarding the handling thereof, which he is or should be able to provide and of which he knows or should know that they are important for the carrier, unless he may assume that the carrier knows this information;
to make the agreed goods available to the carrier at the agreed place, time and manner and accompanied by the consignment note required in accordance with article 5 and the documents otherwise required by law on the part of the sender;
clearly and effectively address each package to be carried and, if this is reasonably possible to him, affix the required particulars and addresses on or to the packages or their packaging in such a way that they are legible under normal circumstances until the end of carriage. will stay. The sender may agree in writing with the carrier that the address of the packages be replaced by an indication of numbers, letters or other symbols;
to state the combined weight of the goods to be transported on the consignment note;
load, stow and unload the agreed goods in or on the vehicle, unless the parties agree otherwise or the nature of the intended transport, taking into account the goods to be transported and the vehicle made available, dictate otherwise.
The sender cannot withdraw from the obligations referred to in paragraph 1 under a, b, c and d by invoking any circumstance and the sender is obliged to compensate the carrier for damage caused by failure to comply with said obligations.
Without prejudice to the provisions of paragraph 2, the carrier may terminate the agreement without any notice of default being required if the sender has failed to comply with his obligations stated in paragraph 1 under a and b, but only after he has set a deadline for the sender in writing and the sender has has not yet fulfilled its obligation. If by setting such a term the operation of its business would be unreasonably disrupted, the carrier may also terminate the agreement without granting the said term. The sender may also terminate the agreement if he did not fulfill his obligation as stated in paragraph 1 under b. Termination takes place by written notice and the agreement ends upon receipt thereof. After cancellation, the sender owes 75% of the agreed freight to the carrier without being obliged to pay further compensation. If no freight has been agreed, the freight will be deemed to be according to law, custom, or fairness respectively.
The carrier may also terminate the agreement if the loading and/or stowage is defective or if there is overload, but not after the sender has been given the opportunity to rectify the defect or overload. If the sender refuses to rectify the defect in the loading and/or the stowage or overloading, the carrier may terminate the agreement or rectify the defect and/or the overloading itself; in both cases, the sender is obliged to pay the carrier an amount of € 500, unless the carrier proves that the damage suffered as a result exceeds this amount; paragraph 3 does not apply.
The sender must reimburse the carrier for the penalty imposed on it in respect of overloading, unless the carrier has failed in its obligations under article 9 paragraphs 1 and 5 or the carrier has not terminated the contract of carriage on the basis of the previous paragraph, without prejudice to his invocation of bad faith on the part of the sender. If the sender can provide proof of a fine for violation of art. 2.6 paragraph 2 of the Goods Road Transport Act, then this provision lapses.
Without prejudice to the other paragraphs of this article, the sender must compensate the carrier for the damage suffered by the latter insofar as this is the result of the circumstance that the transport of the goods has been or will be prohibited or restricted in whole or in part from above; however, this liability does not exist if the sender proves that this prohibition or restriction was known or could reasonably have been known to the carrier when entering into the contract of carriage.
Article 5
The waybill
When the goods are made available to the carrier, the sender is obliged to hand over a consignment note stating that these General Transport Conditions apply to the concluded transport agreement.
The sender is obliged to complete the consignment note completely and truthfully in accordance with the instructions contained therein and he guarantees the correctness and completeness of the information provided by him at the time of making the goods available.
The carrier is obliged as carrier to clearly identify itself on the consignment note presented to him by the sender and to sign it and hand it over to the sender. If the carrier so desires, the sender is obliged to sign the consignment note. The signature may be printed or replaced by a stamp or any other mark of origin.
The consignment note can also be drawn up in the form of electronic messages in accordance with the format and level of security agreed between the parties, as well as in accordance with the method of sending, storing and recording agreed between the parties.
Article 6
Evidence of the consignment note
Upon receipt of the goods, the carrier is obliged to check the correctness of the statement of the number of goods on the consignment note as well as the external good condition of the goods and their packaging and to make a note on the consignment note in the event of any deviation from this. This obligation does not exist if, in the opinion of the carrier, the carriage would be significantly delayed as a result.
The consignment note provides proof, unless proof to the contrary, of the conditions of the contract of carriage and the parties to the contract of carriage, of the receipt of the goods and their packaging in good external condition, of the weight and of the number of goods. If the carrier does not have reasonable means at its disposal to check the correctness of the entries referred to in the first paragraph, the consignment note shall provide no proof of those entries.
Article 7
freight payment
The sender is obliged at the moment that he hands over the consignment note, or the moment that the goods have been received by the carrier, to pay the freight and other costs burdening the goods.
If unstamped shipment has been agreed, the consignee is obliged to pay the freight, the amount owed for other reasons with regard to the transport and other costs affecting the goods when the goods are delivered by the carrier; if he does not comply with this on the first demand, the sender is jointly and severally liable with him to pay. If the sender has stated on the waybill in the case of unstamped shipment that delivery may not be made without payment of the freight, of the amounts owed on other grounds for the carriage or of further costs bearing on the goods, the carrier must, if no payment is made, , ask the sender for further instructions that he must follow, insofar as this is reasonably possible for him, against payment of costs,
The carrier is entitled to charge extrajudicial and judicial costs for the collection of the freight and other amounts, as referred to in paragraphs 1 and 2, to the party who is obliged to pay the freight and other costs. The extrajudicial collection costs are due from the moment the debtor is in default. The extrajudicial collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs (Official Gazette 2012/141) or the latest version of that Decree.
The freight, the amount owed for other reasons with regard to the transport and further costs related to the goods are also due if the goods are not delivered, only partially, damaged or delayed at their destination.
Invoking the settlement of claims for payment of freight, of the amounts owed on other grounds with regard to the transport or of further costs burdening the goods with claims on other grounds is
not allowed.
If the sender has not fulfilled his obligations referred to in this article, the carrier is authorized to suspend the departure of the means of transport and the damage caused to him as a result of this will be regarded as costs burdening the goods.
Article 8
Sender’s Instructions
The sender is authorized to change the place where the goods are made available, to designate himself or another person as the addressee, to change a given designation of the addressee or to give orders regarding delivery or to change the place of delivery, provided that this instructions do not prevent the normal business of the carrier. However, non-delivery instructions that reach the person responsible for executing them in a timely manner must always be carried out.
Instructions can also be given after the carrier has received the goods.
The sender is obliged to compensate the carrier for damage and costs incurred by following the instructions. If the vehicle has been driven to a location not previously agreed as a result of the instructions given, the sender is obliged, in addition to compensation for damage suffered and costs incurred, also to pay a reasonable compensation in this respect.
The right to give instructions lapses if the consignee accepts the goods at the place of unloading or the consignee demands compensation from the carrier because he does not deliver the goods.
Article 9
Obligations of the carrier
The carrier is obliged to take receipt of the agreed goods at the agreed place, time and manner, as well as to inform the sender of the load capacity of the vehicle, unless it is plausible that the sender is aware of this.
The carrier is obliged to deliver goods received for transport to the destination in the condition in which he received them.
The carrier is obliged to deliver the goods received for transport to their destination within a reasonable period of time; if a term of delivery has been agreed in writing, delivery must be made within this term.
If the carrier does not comply with the obligation referred to in paragraph 1, both parties may
terminate the agreement with regard to the goods that the carrier has not taken delivery of. However, the sender can only do this after he has set a deadline for the carrier in writing and the carrier has not yet fulfilled his obligation by the time it expires. Termination takes place by written notice to the other party and the agreement ends at the time when this notice is received.
After cancellation, the carrier is obliged to compensate the sender for the damage suffered as a result of the cancellation. However, this compensation does not exceed twice the freight and the sender owes one freight.
The carrier is obliged to check the loading, stowage and possible overloading performed by or on behalf of the sender if and insofar as circumstances permit. If he is of the opinion that the loading or stowage is defective, he is obliged, without prejudice to the provisions of Article 4, paragraph 4, to note this on the waybill. If he is unable or unable to fulfill his duty of inspection, he can make a note of this on the consignment note.
If home delivery has been agreed, the carrier must deliver the goods to the door of the address stated on the consignment note or to the door of an address that instead – with due observance of Article 8 – has been notified to him in good time by the sender. has been specified. If the address is not reasonably accessible via a paved road or otherwise, delivery must be made to a place that is as close as possible to the originally stated address.
Article 10
Carrier’s liability
Barring force majeure, the carrier is liable for damage to or loss of the goods and for delay damage insofar as the carrier has failed to fulfill the obligations referred to in Article 9 paragraphs 2 and 3.
The carrier is liable for the conduct of its auxiliary persons in the same way as for its own conduct.
The carrier cannot invoke the defect of the vehicle or of the equipment he uses to release himself from liability, unless the latter has been made available to him by the sender, the consignee or the recipient. Material does not include a ship or railway wagon on which the vehicle is located.
Article 11
Special risks
Without prejudice to Article 10, the carrier who has failed to fulfill its obligations under Article 9, paragraphs 2 and 3, is nevertheless not liable for the resulting damage, insofar as this failure to comply is the result of the special risks associated with a or more of the following conditions:
the transport of the goods in an uncovered vehicle, if this has been expressly agreed and stated on the consignment note;
lack or defectiveness of the packaging of the goods that, in view of their nature or the method of transport, should have been sufficiently packed;
handling, loading, stowage or unloading of the goods by the sender, the consignee or persons acting on behalf of the sender or the consignee;
the nature of certain items themselves, which are exposed to total or partial loss or damage due to causes related to this nature, in particular by ignition, explosion, melting, breakage, corrosion, decay, dehydration, leakage, normal loss of quality or occurrence from pests or rodents;
heat, cold, temperature differences or humidity of the air, but only if it has not been agreed that the transport will take place with a vehicle specially equipped to protect the goods from the influence thereof;
incompleteness or defectiveness of the address, numbers, letters or marks of the packages;
the fact that the transport involves a live animal.
Article 12
Suspicion of liability exonerating circumstances
If the carrier proves that, in view of the circumstances of the case, the failure to fulfill its obligations under Article 9(2) and (3) could have been the result of one or more of the special risks referred to in Article 11, presumed that non-compliance results from this. The person who is entitled to the goods vis-à-vis the carrier can, however, prove that this non-compliance was not caused in whole or in part by one of these risks.
The above-mentioned presumption does not exist in the case referred to in Article 11 under a, if an unusually large shortage or an unusually large loss of packages occurs.
If, in accordance with what has been agreed by the parties, the transport takes place by means of a vehicle specially equipped to protect the goods from the influence of heat, cold, temperature differences or humidity in the air, the carrier may, in order to waive its liability as a result of only invoke this influence under Article 11(d) if he proves that all measures to which he was obliged, having regard to the circumstances, have been taken with regard to the choice, maintenance and use of these establishments and that he has followed the special instructions referred to in the fifth paragraph.
The carrier may only invoke Article 11(g) if he proves that all measures to which he was normally obliged, taking into account the circumstances, have been taken and that he has complied with the special instructions referred to in the fifth paragraph.
The special instructions referred to in paragraphs 3 and 4 of this article must have been given to the carrier before the start of the carriage, he must have expressly accepted them and, if a bill of lading has been issued for this carriage, must be stated thereon. mention. The mere mention on the consignment note does not constitute proof in this regard.
Article 13
Compensation
The compensation owed by the carrier for non-compliance with its obligation under Article 9, paragraph 2, is limited to an amount of €3.40 per kilogram; The carrier is not liable under the contract of carriage for damage other than damage as a result of loss of or damage to the goods, such as consequential damage, business interruption or immaterial damage.
The number of kilograms, which is used to calculate the amount referred to in paragraph 1, is the weight of the damaged or undelivered item stated on the consignment note.
If the carrier is liable because he did not deliver within the reasonable term as referred to in Article 9 paragraph 3, the delay damage is limited to one time the freight; if the term referred to in Article 9 paragraph 3 has been agreed in writing, the damage caused by delay is limited to twice the freight.
Expertise costs, salvage costs and other costs incurred to determine and realize the value of the damaged or lost goods or those delivered with delay, are regarded as a reduction in value of that good.
If the carrier is liable because it fulfills an obligation under Articles 8:1115 paragraph 2 and 8:1118 paragraph 3 of the Dutch Civil Code or of Articles 6 paragraph 1, 19 paragraph 4, 21 or 25 of these conditions, has not complied with, any compensation owed by him in this respect will not amount to more than what he could owe in the event of total loss of the goods concerned.
Article 14
Intent and willful recklessness
An act or omission of anyone, except the carrier himself, whether with intent to cause the damage or recklessly and with knowledge that such damage would probably result, does not deprive the carrier of any exclusion or limitation of its liability.
Article 15
Notice of damage
If the goods are delivered by the carrier with outwardly visible damage or loss without the consignee having notified the carrier of a written reservation upon or immediately after acceptance of the goods, stating the general nature of the damage or loss, , the carrier is deemed to have delivered the goods in the same condition as in which he received them.
If the damage or loss is not externally visible and the consignee has not notified the carrier of a reservation in writing, specifying the general nature of the damage or loss, within one week of receipt of the goods, the carrier shall be also deemed to have delivered the goods in the same condition as in which he received them.
If the goods are not delivered within a reasonable or agreed term, without the consignee having notified the carrier within one week of acceptance of the goods, stating that the goods have not been delivered within that term, the carrier is deemed to have delivered the goods within that period.
Article 16
Right of action
Both the sender and the consignee have the right towards the carrier to demand delivery of goods in accordance with the obligations resting on the carrier.
Article 17
cash on delivery
The parties can agree that the goods will be charged with a cash on delivery, which, however, will not exceed the invoice value of the goods. In that case, the carrier may only deliver the goods against payment in advance of the cash on delivery, unless the sender has authorized the carrier to accept another method of payment.
If, after notification of arrival, it appears that the consignee does not pay the COD in accordance with the method of payment prescribed by the sender to the carrier, the carrier must request further instructions from the sender. The costs associated with the request for instructions shall be borne by the sender. The carrier must follow the instructions given to him, insofar as this is reasonably possible, against reimbursement of costs and possible payment of a reasonable reward, unless these costs have arisen through his fault. If the sender gives instructions, which mean that, contrary to payment instructions given earlier, delivery must be made by the carrier, these must be given in writing to the carrier.
The carrier is obliged, after a COD consignment has been delivered and the monies have been paid to him, to transfer the relevant COD charges to the sender without delay, but in any event within two weeks, or to have them transferred to his bank or giro account.
The period of two weeks referred to in paragraph 3 commences on the day on which the goods are delivered.
The consignee, who knows at the time of delivery that a COD amount will be charged on the goods, is obliged to pay the carrier the amount owed by the latter to the sender.
If the goods have been delivered without prior collection of the COD, the carrier is obliged to compensate the sender for the damage at most up to the amount of the COD, unless he proves that there was no fault on his part or on his subordinates. This obligation is without prejudice to his right of recourse against the addressee.
Receivables payable on delivery shall be borne by the sender.
All claims against the carrier pursuant to a COD clause lapse after one year, calculated from the start of the day following the day on which the goods were or should have been delivered.
Article 18
Reservations of the carrier
The carrier reserves the right to:
to transport the goods in or by means of such means of transport, which will appear appropriate to him and, if necessary, to keep the goods in such means of transport, storage spaces or warehouses as he sees fit, irrespective of whether these means of transport, storage spaces or storage places are given to the carrier or to third parties. to belong;
to freely determine the route to be followed, thereby also deviating from the usual route. He is also entitled to visit those places where he deems this desirable for the conduct of his business.
Article 19
Foreclosure after receipt
If, after receipt of the goods by the carrier, the transport cannot reasonably be started, continued or completed within a reasonable time, the carrier is obliged to inform the sender of this. The carrier and sender then have the authority to cancel the agreement.
Termination takes place by written notice to the other party and the agreement ends at the time when this notice is received.
The carrier is not obliged to take care of the further transport to the destination place and is authorized to unload the goods and store them in a suitable place; the sender is authorized to take possession of the goods. The costs incurred in connection with the cancellation with regard to the goods are, subject to paragraph 4, at the expense of the sender.
Except in case of force majeure, the carrier is obliged to compensate the sender for the damage suffered by the sender as a result of the cancellation of the agreement.
Article 20
stack transport; transit
If part of the transport, whether or not after transhipment of the goods, takes place by inland waterways, the carrier’s liability for that part is determined by Articles 9 and 13 of the General Ferry and Beurtvaart Conditions.
If, after delivery of the goods transported by him, the carrier undertakes to have those goods transported further, he thereby acts in the capacity of forwarder and his liability in that capacity is limited to € 3.40 per kilogram of the damaged or lost cases; further compensation for any damage whatsoever is not due.
Article 21
Storage in case of no-show of the consignee
If the addressee does not show up after notification of the arrival of the goods, if he does not start taking receipt of the goods, if he does not continue to do so regularly and with due speed, if he refuses to accept the goods or to sign for receipt, the goods can be stored or stored by the carrier at the expense and risk of the sender in the manner and place to be determined by the carrier with due observance of reasonable care – if necessary also in the means of transport in which they were transported; the carrier is obliged to inform the sender.
With due observance of paragraph 1, the carrier may also proceed to storage or stabling if the provision of security as referred to in Article 23 paragraph 5 is refused, or if a dispute arises regarding the amount or the nature of the security to be provided.
Except in the case of attachment, the goods may, after one week after the registered mail of a written notification of the intended sale to the sender, be sold by the carrier publicly or privately for the account of the sender without any judicial authorization being required. .
The sale can take place without regard to any term and without prior notice, if the goods are perishable or if storage could be harmful or could cause damage or danger to the environment. If no prior notice has been given, the carrier is obliged to notify the sender after the sale.
With regard to livestock, the term referred to in paragraph 3 is three days, on the understanding that the carrier may proceed with the sale without observing any term and without prior notice if the condition of the livestock makes this desirable. If no prior notice has been given, the carrier is obliged to notify the sender after the sale.
The carrier shall keep the proceeds of the goods sold, after deduction of the amount of any cash on delivery and a commission due to the carrier in connection therewith and of all that accrues to the carrier in respect of the sold goods, both for freight and for the costs of storage or garaging as well as for other costs and damages, for a period of six months after the acceptance of the goods for transport at the disposal of the sender, after which period he will place the amount made available under judicial custody.
Article 22
Storage before, during and after transport
If the sender and carrier agree that the carrier will take the goods into storage prior to or during the agreed transport or after the transport, this storage will take place subject to the General Storage Conditions. Sender and carrier are accordingly regarded as depositor and depositee respectively.
Article 23
Right of retention
The carrier has a right of retention towards anyone who demands delivery thereof in respect of goods and documents that he has in his possession in connection with the contract of carriage. This right does not belong to him if, at the time he received the goods for carriage, he had reason to doubt the sender’s authority to make the goods available for carriage.
The right of retention also relates to what is burdened by COD on the goods as well as to the commission due to him in connection with the COD, for which he is not required to accept any security.
The carrier may also exercise the right of retention vis-à-vis the sender for what is still owed to him in connection with previous contracts of carriage.
The carrier may also exercise the right of retention against the consignee, who entered into previous contracts of carriage in that capacity, for whatever is still owed to him in connection with those contracts.
If a dispute arises during the settlement about the amount owed or a calculation that cannot be performed quickly is necessary to determine it, he who claims delivery is obliged to immediately pay the part about the indebtedness the parties agree on and for the payment of the to provide security for the part disputed by him or for the part the amount of which has not yet been determined.
Article 24
pledge
All items, documents and monies held by the carrier in connection with the contract of carriage serve as a pledge for all claims that he has against the sender.
Except in cases in which the sender is in a state of bankruptcy, has been granted a suspension of payments or has been declared subject to a debt rescheduling scheme for natural persons, the carrier is never entitled to sell the pledged goods without the permission of the court in accordance with art. 3:248 paragraph 2 of the Dutch Civil Code.
Article 25
lost business
If goods have not been delivered within thirty days after the day on which they were accepted for transport and it is unknown where they are, they will be regarded as lost.
If, within one year after the carrier has paid compensation to the person who is entitled to delivery of goods against him in respect of the non-delivery of these goods, these goods or any of them appear to have been transferred to the carrier after all, the The carrier obliges the sender or the consignee, who has expressed a written request to that effect to him, of this circumstance in writing and the sender or the consignee respectively has thirty days after receipt of this
notice the right to demand delivery of these goods against settlement of the compensation received by him. The same applies if the carrier has not paid any compensation for non-delivery, on the understanding that the period of one year begins with the start of the day following the day on which the goods should have been delivered.
Delivered. If the sender or the addressee respectively does not exercise his right, the provisions of Article 21 apply.
Article 26
indemnification; Himalaya clause
The sender, who did not fulfill any obligation imposed on him by law or these conditions, is obliged to indemnify the carrier against all damage that he may suffer as a result of non-compliance with this obligation, if this occurs in connection with the transport of the goods. addressed by a third party.
When auxiliary persons of the carrier are addressed with regard to the transport of the goods, these persons can invoke any limitation and/or exemption from liability, which the carrier can invoke by virtue of these conditions or of any other legal or contractual provision. to do.
Article 27
Delay interest
The parties owe statutory interest on an amount owed by them on the basis of art.
6:119 BW.
Article 28
statute of limitations
All legal claims based on the contract of carriage or in connection with that contract lapse after one year.
Insofar as a carrier seeks recourse against a person whose services the carrier has used in the performance of the contract of carriage for what is owed by him to the sender or the consignee, this starts from the moment as determined in art. 8:1720 paragraph 1 of the Dutch Civil Code, a new limitation period, which period is three months.
Article 29
Forum choice; choice of law
All disputes arising from or related to an agreement for national road transport between parties domiciled in the Netherlands will be settled exclusively by the competent court in Rotterdam, unless the parties have agreed otherwise in writing.
Dutch law applies to all legal relationships arising from or in connection with the contract of carriage.
Convention concerning the Contract for the International Carriage of Goods by Road (CMR)
Preamble
The Contracting Parties, Recognizing the usefulness of regulating in a uniform manner the terms of the contract for the international carriage of goods by road, in particular as regards the documents to be used for such carriage and the carrier’s liability, are agreed as follows:
Chapter I
Applicability
Article 1
This Convention shall apply to any contract for consideration for the carriage of goods by road by means of vehicles, when the place of taking over of the goods and the place intended for delivery, as specified in the contract, are situated in two different countries, at least one of which is a contracting country, irrespective of the domicile and nationality of the parties.
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 of 19 September 1949.
This Convention shall also apply if the carriage within its scope is effected by States or by governmental agencies or organizations.
This Convention shall not apply:
on carriage effected in accordance with international postal agreements,
on the transport of corpses,
on relocations.
The Contracting Parties agree that this Convention shall not be amended by special agreements concluded between two or more of them except in order to avoid its operation of frontier traffic or to to allow the use of one of the waybills representing the goods.
Article 2
When the vehicle containing the goods is transported over part of the journey by sea, rail, inland waterway or air, without the goods being removed from that vehicle, subject to the provisions of Article 14 unloaded, this Convention shall nevertheless continue to apply to the entire carriage. Provided, however, that it is proved that loss, damage or delay in delivery of the goods, arising during carriage other than by road, was not caused by an act or omission of the road carrier and resulted from an act which may arise during and as a result of carriage other than by road, the liability of the road carrier is not determined by this Convention, but in the manner in which the liability of the non-road carrier would be determined, if a contract of carriage between the sender and the non-road carrier for the carriage of the goods would have been concluded only in accordance with the statutory provisions of mandatory law concerning the carriage of goods on that other way. In the absence of such provisions, however, the liability of the road carrier shall be determined by this Convention.
If the road carrier itself carries out the part of the carriage that does not take place by road, its liability shall also be determined in accordance with paragraph 1, as if its capacities as road carrier and non-road carrier were performed by two different persons.
Chapter II
Persons for whom the carrier is liable
Article 3
For the purposes of this Convention, the carrier shall be liable, as if for his own acts and omissions, for the acts and omissions of his servants and of all other persons whom he employs for the purpose of carrying out the carriage, when such servants whether these persons are acting in the course of their duties.
Chapter III
Conclusion and execution of the contract of carriage
Article 4
The contract of carriage is recorded in a consignment note. The absence, irregularity or loss of the consignment note shall affect neither the existence nor the validity of the contract of carriage, which shall remain subject to the provisions of this Convention.
Article 5
The consignment note is drawn up in three original copies, signed by the sender and the carrier. This signature may be printed or replaced with the stamps of the sender and the carrier, if the legislation of the country where the bill of lading is issued so permits. The first copy is handed over to the sender, the second accompanies the goods and the third is kept by the carrier.
When the goods to be transported are to be loaded into different vehicles or when they are different types of goods or separate lots, the consignor or the carrier has the right to demand that the number of waybills be drawn up as the vehicles are to be used or whether lots are goods.
Article 6
The consignment note must contain the following indications:
the place and date of its preparation;
the sender’s name and address;
the name and address of the carrier;
the place and date of receipt of the goods and the place intended for the delivery of the goods;
the name and address of the consignee;
the usual designation of the nature of the goods and the method of packaging and, for dangerous goods, their generally recognized designation;
the number of packages, their special marks and their numbers;
the gross weight or quantity of the goods otherwise declared;
the costs related to the transport (freight charge, additional costs, customs duties and other costs arising from the conclusion of the contract until delivery);
the instructions necessary for completing customs and other formalities;
the indication that the carriage, notwithstanding any stipulation to the contrary, is subject to the provisions of this Convention.
If the case arises, the consignment note must also contain the following indications:
the prohibition of transhipment;
the costs borne by the sender;
the amount of the cash on delivery to be collected on delivery of the goods;
the declared value of the goods and the amount of the special interest at the time of delivery;
the instructions of the sender to the carrier with regard to the insurance of the goods;
the agreed period within which the carriage must be completed;
the list of documents handed over to the carrier.
The parties may include in the consignment note any other designation they deem useful.
Article 7
The sender is liable for all costs and damages suffered by the carrier as a result of the inaccuracy or incompleteness:
of the indications indicated in Article 6, paragraph 1, under b), d), e), f), g), h) and j);
of the designations indicated in Article 6, second paragraph;
of all other indications or instructions, which he provides for the drawing up of the consignment note or to be included therein.
If, at the request of the sender, the carrier includes the information referred to in the first paragraph of this article in the consignment note, he will be deemed to act for the account of the sender, unless there is evidence to the contrary.
If the consignment note does not contain the statement referred to in Article 6, paragraph 1, under k), the carrier shall be liable for all costs and damages suffered by the person entitled to the goods as a result of this negligence.
Article 8
When taking delivery of the goods, the carrier is obliged to examine:
the correctness of the statements in the consignment note with regard to the number of packages and their marks and numbers;
the external condition of the goods and their packaging.
If the carrier does not have reasonable means at its disposal to investigate the correctness of the information referred to in paragraph 1 under a) of this article, it shall indicate in the consignment note, stating reasons, which reservations it makes. He also states the reasons for all reservations he makes with regard to the external condition of the goods and their packaging. These reservations do not bind the sender if they have not been expressly accepted by him in the consignment note.
The sender has the right to demand that the carrier examine the gross weight or quantity of the goods otherwise expressed. He may also demand an examination of the contents of the packages. The carrier may charge the costs of the investigation. The result of the investigations is recorded in the consignment note.
Article 9
The consignment note provides full proof, barring proof to the contrary, of the terms of the contract and of the receipt of the goods by the carrier.
In the absence of any reasoned reservations from the carrier in the consignment note, it is presumed that the goods and their packaging were in good external condition at the time of receipt by the carrier and that the number of packages and their marks and numbers were in accordance with the statements in the consignment note.
Article 10
The sender is liable to the carrier for damage to persons, material or to other goods and the costs resulting from the defective packaging of the goods, unless the defect was visible or known to the carrier at the time of receipt and the carrier has not made any reservations in this regard.
Article 11
In order to comply with customs and other formalities to be completed before delivery of the goods, the sender must attach the necessary documents to the consignment note or make them available to the carrier and provide him with all the information required.
The carrier is not obliged to examine the accuracy and completeness of these documents and information. The sender is liable to the carrier for all damages that may arise from the absence, incompleteness or irregularity of these documents and information, except in the case of the carrier’s fault.
The carrier is liable in the same way as a commission agent for the consequences of loss or incorrect handling of the documents stated in the consignment note and accompanying them or placed in his hands. However, the compensation owed by him may not exceed that due in the event of loss of the goods.
Article 12
The sender has the right to dispose of the goods, in particular by requiring the carrier to suspend the carriage, to change the place intended for delivery of the goods or to deliver the goods to a consignee other than that indicated in the consignment note.
This right lapses when the second copy of the consignment note has been handed over to the consignee or when the latter makes use of the right referred to in Article 13, paragraph 1; from that moment on, the carrier must comply with the consignee’s instructions.
However, the right of disposal already vests in the consignee from the moment the consignment note is drawn up, if a statement to that effect has been made by the sender on the consignment note.
If, in exercising his right of disposal, the consignee determines that the goods must be delivered to another person, this person cannot designate another consignee.
The exercise of the right of disposal is subject to the following conditions:
the sender or, in the case referred to in paragraph 3 of this article, the consignee, who wishes to exercise this right, must produce the first copy of the consignment note, on which the new instructions given to the carrier must be entered, and the indemnify the carrier for costs and damage resulting from the execution of these instructions;
the execution of these instructions must be possible at the moment when the instructions reach the person who has to carry them out and they must neither interfere with the normal conduct of the carrier nor cause damage to senders or consignees of other consignments;
the instructions may never result in the division of the consignment.
When, as a result of the provisions of paragraph 5 under b. cannot carry out the instructions he receives from this article, he must immediately inform the person from whom these instructions originate.
The carrier, who has failed to carry out the instructions given under the terms of this article or who has followed such instructions without having required the first copy of the consignment note, shall be liable to the person entitled for the damage caused thereby.
Article 13
After the arrival of the goods at the place intended for delivery, the consignee has the right to demand from the carrier that the second copy of the consignment note be handed over to him and that the goods are delivered to him, against receipt of receipt. If the loss of the goods has been established or the goods have not arrived at the end of the period referred to in Article 19, the consignee shall be entitled to make use of the rights arising from the contract of carriage in his own name against the carrier.
The consignee making use of the rights conferred on him under paragraph 1 of this article shall be obliged to pay the amounts due according to the consignment note. In the event of a dispute in this regard, the carrier is not obliged to deliver the goods other than against security provided by the consignee.
Article 14
If, for whatever reason, the execution of the contract on the terms of the consignment note is or becomes impossible before the goods have arrived at the place intended for delivery, the carrier is obliged to request instructions from the person who has the right has to dispose of the goods in accordance with Article 12.
However, if circumstances permit the carriage to be carried out under conditions other than those of the consignment note and if the carrier has not been able to obtain instructions in due time from the person entitled to dispose of the goods in accordance with Article 12, he shall take the measures, which appear to him best in the interest of the person who has the right to dispose of the goods.
Article 15
If, after the arrival of the goods at the place of destination, circumstances arise that prevent delivery, the carrier will request instructions from the sender. If the consignee refuses the goods, the sender has the right to dispose of them without being obliged to show the first copy of the consignment note.
The consignee may, even if he has refused the goods, at any time request their delivery, as long as the carrier has not received instructions to the contrary from the sender.
If a circumstance which prevents delivery arises after the consignee, in accordance with his law under article 12, paragraph 3, has ordered that the goods
to another person, for the purposes of paragraphs 1 and 2 of this Article, the consignee shall take the place of the sender and that other person shall take the place of the consignee.
Article 16
The carrier is entitled to reimbursement of the costs incurred by his request for instructions or the execution of instructions received, provided that these costs were not caused by his fault.
In the cases referred to in Article 14, paragraph 1, and in Article 15, the carrier may immediately unload the goods at the expense of the person entitled; after this unloading, the carriage is deemed to have ended. The carrier then takes care of the custody of the goods. However, he can entrust the goods to a third party and is then only liable for a judicious choice of this third party. The goods remain charged with amounts due according to the consignment note and all other costs.
The carrier may proceed with the sale of the goods without waiting for instructions from the rightful claimant, if the perishable nature or condition of the goods justifies this or if the storage costs are disproportionately high in relation to the value of the goods. In other cases, he may also proceed with the sale if he has not received instructions to the contrary from the rightholder within a reasonable period of time, the execution of which can reasonably be demanded.
If the goods have been sold pursuant to this Article, the proceeds of the sale shall be made available to the person entitled after deduction of the costs incurred by the goods. If these costs exceed the proceeds of the sale, the carrier is entitled to the difference.
The sale takes place in the manner determined by the law or the customs of the place where the goods are located.
Chapter IV
Carrier’s liability
Article 17
The carrier is liable for total or partial loss and damage to the goods, which arise between the time of receipt of the goods and the time of delivery, as well as for delay in delivery.
The carrier is released from this liability if the loss, damage or delay is caused by the fault of the person entitled, by an order from him, which is not the result of the fault of the carrier, by an inherent defect of the goods or due to circumstances which the carrier was unable to avoid and the consequences of which he was unable to prevent.
The carrier cannot withdraw from its liability by relying on defects in the vehicle which it uses to carry out the transport, or on errors of the person from whom it has rented the vehicle or of his subordinates.
Subject to Article 18, paragraphs 2 to 5, the carrier is released from liability if the loss or damage is the result of the special dangers inherent in one or more of the following circumstances:
use of open vehicles that are not covered with a tarpaulin, if this use has been expressly agreed and stated in the consignment note;
missing or defective packaging for goods that by their nature are exposed to loss of quality or damage, if they are not or poorly packaged;
handling, loading, stowage or unloading of the goods by the sender, the consignee or persons acting on behalf of the sender or the consignee;
the nature of certain goods, which, due to causes related to this nature, are exposed either to total or partial loss or to damage, in particular through breakage, rust, decay, dehydration, leakage, normal loss of quality, or the occurrence of vermin and rodents;
incompleteness or defectiveness of the marks or numbers of the packages;
transport of live animals.
If the carrier is not liable under this Article for some of the factors which have caused the damage, he shall be liable only in proportion to the extent to which the factors for which he is liable under this Article contributed to the damage.
Article 18
The proof that the loss, damage or delay was caused by one of the facts mentioned in article 17, paragraph 2, rests with the carrier.
2 If the carrier proves that, having regard to the circumstances of the case, the loss or damage could have been the result of one or more of the special dangers referred to in Article 17, paragraph 4, it is presumed that this was the cause thereof. to be. However, the entitled party can prove that the damage was not caused in whole or in part by one of these dangers.
The above presumption shall not exist in the case referred to in Article 17(4)(a), if an unusually large shortage or loss of packages occurs.
If the carriage is effected by means of a vehicle equipped to protect the goods from the influence of heat, cold, temperature differences or humidity of the air, the carrier may not invoke the privilege of Article 17, paragraph 4, under d. unless he proves that all measures which he was obliged to take, having regard to the circumstances, have been taken with regard to the selection, maintenance and use of these devices and that he has followed the special instructions given to him. may have been given.
The carrier may not invoke the privilege of Article 17(4)(f) unless it proves that all measures which it would normally have been obliged to take, having regard to the circumstances, have been taken and that it has addressed the special instructions that may have been given to him.
Article 19
There is a delay in delivery if the goods are not delivered within the stipulated period or, failing such a period, if the actual duration of the carriage, taking into account the circumstances and in particular, in the case of partial loading, with the time required to obtain a full load on the usual terms, takes more time than a good carrier should reasonably
Allowed.
Article 20
The person entitled may, without any further proof, consider the goods lost if they have not been delivered within thirty days of the expiry of the stipulated period or, failing such a period, within sixty days of the receipt of the goods by the carrier.
Upon receipt of the compensation for the lost goods, the entitled party may request in writing to notify him immediately if the goods are found during the year following payment of the compensation. This request will be confirmed to him in writing.
Within thirty days of receipt of this notice, the person entitled may demand that the goods be delivered to him against payment of the amounts due in accordance with the consignment note and against restitution of the compensation received, after deduction of the costs stated in this damages may be included, and without prejudice to all rights to damages for delay in delivery under Article 23 and, if applicable, under Article 26.
In the absence of the request, referred to in the second paragraph, or of instructions given within the period of thirty days, referred to in the third paragraph, or also, if the goods have not been found until more than one year after payment of the compensation, the carrier disposes of the goods in accordance with the law of the place where they are located.
Article 21
If the goods have been delivered to the consignee without collection of the COD, which should have been received by the carrier in accordance with the provisions of the contract of carriage, the carrier is obliged to indemnify the sender up to the amount of the COD, without prejudice to his recourse on the addressee.
Article 22
If the sender presents dangerous goods to the carrier, he shall inform him of the exact nature of the danger they present and, if necessary, indicate the precautions to be taken. If this
information is not specified in the consignment note, the sender or the consignee shall be free to prove by any other means that the carrier was aware of the exact nature of the danger posed by the carriage of the aforementioned goods.
Dangerous goods which were not known as such to the carrier in the light of the provisions of paragraph 1 of this article may be unloaded, destroyed or rendered harmless by the carrier at any time and at any place, without causing any damage. compensation; the sender is moreover liable for all costs and damages resulting from the offer for transport or from the transport itself.
Article 23
Where under the provisions of this Convention compensation for total or partial loss of the goods is charged to the carrier, such compensation shall be calculated on the basis of the value of the goods at the time and place of receipt.
The value of the goods is determined according to the stock market price or, failing this, according to the prevailing market price or, failing this, according to the usual value of goods of the same nature and quality.
However, the compensation may not exceed 8.33 units of account for each missing kilogram of gross weight.
In addition, the freight charge, customs duties and other costs incurred in connection with the carriage of the goods are reimbursed in full in the event of total loss and proportionately in the case of partial loss; no further compensation is due.
In the event of delay, if the entitled party proves that damage has been caused as a result, the carrier is obliged to pay compensation for this damage, which cannot exceed the freight price.
Higher compensation can only be claimed in case of declaration of the value of the goods or of a special interest in delivery, in accordance with Articles 24 and 26.
The unit of account referred to in this Treaty 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 the national currency of the State of the court for which the
action is pending, according to the value of that currency on the date of judgment or the date agreed upon by the Parties. The value of the national currency, expressed in special drawing rights, of a Member State of the International Monetary Fund shall be calculated in accordance with the valuation method applied by the International Monetary Fund on the relevant date for its own operations and transactions. The value of the national currency, expressed in special drawing rights, of a State which is not a member of the International Monetary Fund shall be calculated in a manner determined by that State.
Nevertheless, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 7 of this article, may, at the time of ratification of or accession to the Protocol to the CMR, or on at any time thereafter, declare that the limit of liability referred to in paragraph 3 of this Article, which applies in its territory, is 25 monetary units. The monetary unit referred to in this paragraph corresponds to 10/31 grams of gold of 0,900 fineness. The conversion of the amount referred to in this paragraph into the national currency unit shall be made in accordance with the law of the State concerned.
The calculation referred to in the last sentence of paragraph 7 of this article and the conversion referred to in paragraph 8 of this article shall be carried out in such a way that, as far as possible, the same real value is expressed in the national currency of the State for the amount referred to in paragraph 3 of this article, as expressed therein in units of account. When depositing an instrument referred to in Article 3 of the Protocol to the CMR and whenever there is a change in their method of calculation under paragraph 7 of this Article or in the result of conversion under paragraph 8 of this Article, the States the Secretary-General of the United Nations their method of calculation or the result of the conversion.
Article 24
Against payment of an agreed surcharge, the sender can indicate in the consignment note a value of the goods that exceeds the maximum stated in the third paragraph of article 23. In that case, the amount indicated will replace this maximum.
Article 25
In the event of damage, the carrier shall reimburse the amount of the depreciation, calculated on the basis of the value of the goods determined in accordance with Article 23, paragraphs 1, 2 and 4.
However, the compensation shall not exceed the following amounts:
if the entire consignment has been reduced in value as a result of damage, the amount it would have amounted to in the event of total loss;
if only part of the consignment has been reduced in value as a result of the damage, the amount that it would have amounted to in the event of loss of the reduced part.
Article 26
The sender may, against payment of an agreed surcharge, determine the amount of a special interest in delivery in the event of loss or damage and for exceeding the agreed term, by stating this amount in the waybill.
If a special interest in the delivery has been declared, compensation can be claimed equal to the proven additional damage, irrespective of the damages referred to in Articles 23, 24 and 25, and up to a maximum of the amount of the stated interest.
Article 27
The entitled party can claim interest on the amount of the compensation. This interest, in the amount of five percent per annum, will run from the day on which the claim is submitted in writing to the carrier or, if this has not been done, from the day on which it is brought before a court.
If the amounts used as the basis for the calculation of the compensation are not expressed in the currency of the country in which the payment is claimed, the conversion shall be made according to the exchange rate on the day and the place of payment of the compensation.
Article 28
Where the loss, damage or delay arising in the course of carriage subject to this Convention may, under the applicable law, give rise to a claim not based on the contract of carriage, the carrier may invoke the provisions of this Convention, which exclude his liability or determine or limit the damages due.
Where the non-contractual liability for loss, damage or delay of one of the persons for whom the carrier is liable under Article 3 is involved, that person may also invoke the provisions of this Convention which limit the liability from the carrier or determine or limit the damages due.
Article 29
The carrier is not entitled to invoke the provisions of this chapter, which exclude or limit his liability or which reverse the burden of proof, if the damage results from his intent or through fault on his part, which, according to the law of the court where the claim is pending, is deliberately equated.
The same applies in the event of intent or negligence on the part of the employees of the carrier or of all other persons whose services he uses for the performance of the carriage, when these employees or these other persons act in the performance of their duties. In that case, such servants or other persons shall also not be entitled to invoke the provisions of this chapter, as described in paragraph 1, with regard to their personal liability.
Chapter V
Claims in and out of court
Article 30
If the consignee has taken delivery of the goods without having ascertained their condition to the carrier or, in the case of visible losses or damage, at the latest at the time of delivery or, in the case of invisible losses or damage, within seven days after delivery, not including Sundays and public holidays, has been made known to the carrier, stating the general nature of the loss or damage, he is deemed to have received the goods in the condition as described in the consignment note. The above-mentioned reservations must be made in writing in the case of invisible losses or damage.
When the condition of the goods has been established by the consignee vis-à-vis the carrier, no counter-evidence against the result of this determination is allowed, unless it concerns invisible losses or damage and the consignee has notified the carrier in writing within seven days. , Sundays and public holidays not included, after this determination.
In the event of delay in delivery, compensation is only due if the carrier has been notified of a reservation in writing within a period of 21 days after the goods have been made available to the consignee.
In determining the time limits under this article, the date of delivery or, as the case may be, the date of determination or that of making available shall not be taken into account.
The carrier and the consignee shall afford each other all reasonable facilities for the necessary determinations and investigations.
Article 31
All proceedings arising out of carriage subject to this Convention may be brought by the claimant, except in the courts of the States Parties to this Convention, designated by agreement between the parties, in the courts of the country in whose territory:
the defendant has his habitual residence, his principal place of business or the branch or agency through which the contract of carriage was concluded, or
the place of receipt of the goods or the place intended for the delivery of the goods is located; they cannot be charged for any other dishes.
Where, in a legal proceeding referred to in paragraph 1 of this article, an action is pending before a court having jurisdiction under that paragraph, or where a decision has been made in such a proceeding by such a court, no new claim on the same subject may be brought between the same parties, unless the judgment of the court before which the first claim is brought is not enforceable in the country in which the new claim is brought.
When, in a proceeding referred to in paragraph 1 of this article, a judgment rendered by a court of a country party to the Convention has become enforceable in that country, it shall also be enforceable in any other country party to the Convention. as soon as the formalities prescribed therein have been completed. These formalities cannot entail a re-handling of the case.
The provisions of paragraph 3 of this article shall apply to adversarial judgments, default judgments and settlements entered into before a court, but they shall not apply to provisional judgments or to orders to pay damages and interest, in excess of costs, against a claimant for rejecting his claim in whole or in part.
No security for the payment of legal costs may be required from nationals of contracting countries who have their domicile or business in one of these countries in any proceedings arising out of carriage subject to this Convention.
Article 32
Actions to which a carriage subject to this Convention gives rise shall be barred by the lapse of one year. In the case of intent or negligence, which, according to the law of the court before which the action is pending, is treated as with intent, the limitation period is three years. The statute of limitations runs:
in the event of partial loss, damage or delay, from the day on which the goods are delivered;
in the case of total loss, from the thirtieth day after the expiry of the stipulated period or, in the absence of such period, from the sixtieth day after the receipt of the goods by the carrier;
in all other cases, at the end of a period of three months after the conclusion of the contract of carriage. The day indicated above as the start of the limitation period is not included in the limitation period.
A written claim suspends the limitation until the day on which the carrier rejects the claim in writing and returns the accompanying documents. In the event of partial acceptance of the claim, the limitation will resume its course only for the part of the claim that remains in dispute. Proof of receipt of the claim or of the reply and of the return of the documents rests with the party invoking this fact. Further claims relating to the same subject do not suspend the limitation.
Subject to the provisions of paragraph 2, the suspension of the limitation period shall be governed by the law of the court before which the case is pending. The same applies to the interruption of the statute of limitations.
A time-barred claim can no longer be asserted in the form of a counterclaim or an objection.
Article 33
The contract of carriage may contain a provision conferring jurisdiction on an arbitral tribunal, provided that such provision provides that the arbitral tribunal shall apply this Convention.
Chapter VI
Provisions regarding carriage performed by successive carriers
Article 34
If a carriage, subject to a single contract, is effected by successive road carriers, the second and each of the following carriers shall, upon taking receipt of the goods and the bill of lading, become a party to the contract on the terms of the bill of lading and each of them shall be liable for the realization of the entire transport.
Article 35
The carrier, who takes delivery of the goods from the previous carrier, provides him with a dated and signed receipt. He must state his name and address on the second copy of the consignment note. If there is reason to do so, he shall note similar reservations as those referred to in Article 8, paragraph 2, on that copy as well as on the receipt.
The provisions of Article 9 shall apply to relations between successive carriers.
Article 36
Save in the case of a counterclaim or an objection raised in a lawsuit relating to a claim based on the same contract of carriage, the claim for liability for loss, damage or delay may be brought only against the first carrier, the last carrier or the carrier who performed the part of the carriage during which the event causing the loss, damage or delay occurred; the claim may be brought simultaneously against several of these carriers.
Article 37
The carrier, having paid damages under the provisions of this Convention, shall have a right of recovery for principal, interest and costs against the carriers who participated in the performance of the contract of carriage, in accordance with the following provisions:
the carrier, through whose actions the damage was caused, shall bear the compensation alone, whether it was paid by itself or by another carrier;
where the damage is caused by two or more carriers, each of them must pay an amount in proportion to his share of the liability; if it is not possible to estimate the parts of the liability, each of them is liable in proportion to the part of the remuneration for the carriage due to him.
if it cannot be determined to whom of the carriers the liability is to be attributed, the amount of the compensation shall be divided between all carriers, in the proportion determined under b).
Article 38
If one of the carriers is insolvent, the part owed by him, which he has not paid, shall be divided between all the other carriers in proportion to their remuneration.
Article 39
The carrier, against whom recourse is made pursuant to articles 37 and 38, shall not be entitled to contest the validity of the payment by the carrier exercising the recourse, if the compensation has been determined by court order, provided that he has duly settled the proceedings. has been notified and he has had the opportunity to join or intervene.
The carrier wishing to exercise recourse may do so in the competent court of the country in which one of the carriers concerned has his habitual residence, principal place of business or the branch or agency through which the contract of carriage was concluded. The story can be brought against all the carriers involved in one and the same lawsuit.
The provisions of Article 31, paragraphs 3 and 4, shall apply to court decisions given with regard to the recourse pursuant to Articles 37 and 38.
The provisions of Article 32 apply to the recourse between carriers. However, the limitation period shall run either from the date of a final judicial decision determining the compensation to be paid under the provisions of this Convention or, failing such a decision, from the date on which payment is made.
Article 40
The carriers may mutually stipulate an arrangement deviating from Articles 37 and 38.
Chapter VII
Nullity of clauses contrary to the Treaty
Article 41
Subject to the provisions of Article 40, any provision which derogates directly or indirectly from the provisions of this Convention shall be null and void. The nullity of such stipulations does not result in the nullity of the other provisions of the agreement.
In particular, any stipulation by which the carrier allows himself to transfer the rights under the insurance of the goods or any other stipulation to that effect, as well as any stipulation that shifts the burden of proof.
Chapter VIII
Final Provisions
Article 42
This Convention is open for signature or accession by countries which are members of the Economic Commission for Europe and countries admitted to the Commission in an advisory capacity in accordance with paragraph 8 of the Commission’s mandate.
The countries which, in accordance with paragraph 11 of this Commission’s mandate,
participate in the work of the Economic Commission for Europe, may become parties to this Convention by accession after its entry into force.
The Convention will be open for signature until August 31, 1956. After this date it will be open for accession.
This Treaty will be ratified.
Ratification or accession shall be by deposit of an instrument with the Secretary-General of the United Nations.
Article 43
This Convention shall enter into force on the ninetieth day after five countries referred to in paragraph 1 of Article 42 have deposited their instruments of ratification or accession.
For each country which ratifies or accedes to the Convention after five countries have deposited their instruments of ratification or accession, this Convention shall enter into force on the ninetieth day after the deposit of the instrument of ratification or accession by the said country.
Article 44
Any Contracting Party may denounce this Convention by notification addressed to the Secretary General of the United Nations.
The denunciation shall take effect twelve months after the date on which the Secretary-General receives the notification.
Article 45
If, after the entry into force of this Agreement, the number of Contracting Parties is reduced to less than five as a result of denunciations, the operation of this Agreement shall cease from the date on which the last denunciation takes effect.
Article 46
Any country may, upon deposit of 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 apply to all or part of the territories , whose international relations it looks after. The Convention shall apply to the territory or territories specified in the notification from the ninetieth day after the receipt of such notification by the Secretary General or, if the Convention has not yet entered into force by that date, from the date of entry into force.
Any country which has made a declaration in accordance with the preceding paragraph making this Convention applicable to a territory whose international relations it is responsible for, may, in accordance with article 44, denounce the Convention with respect to that territory.
Article 47
Any dispute between two or more Contracting Parties concerning the interpretation or application of this Agreement, which the Parties have not been able to settle by negotiation or other means, may, at the request of one of the Contracting Parties concerned, be submitted for decision to the
International Court of Justice.
Article 48
Any Contracting Party may, at the time of signing, ratifying or acceding to this Convention, declare that it does not consider itself bound by Article 47 of the Convention. The other Contracting Parties shall not be bound by Article 47 in respect of any Contracting Party which has made such a reservation.
Any Contracting Party which has made a reservation in accordance with paragraph 1 may at any time withdraw such reservation by notification addressed to the Secretary-General of the United Nations.
No other reservations to this Convention are permitted.
Article 49
After this Convention has been in force for three years, any Contracting Party may, by notification addressed to the Secretary-General of the United Nations, request the convening of a conference to review this Convention. The Secretary-General shall notify all Contracting Parties of this request and shall convene a review conference if, within a period of four months from the notification by him, at least one quarter of the Contracting Parties has given his agreement to such request. have communicated.
If a conference is convened in accordance with the preceding paragraph, the Secretary General shall notify all Contracting Parties thereof and invite them to submit within three months proposals which they wish to have considered by the conference. The Secretary-General shall communicate the provisional agenda of the conference as well as the text of such proposals to all Contracting Parties at least three months before the opening date of the conference.
The Secretary-General shall invite to any conference convened in accordance with this article all the countries referred to in paragraph 1 of article 42, as well as countries which have become parties to the Convention by application of paragraph 2 of article 42.
Article 50
In addition to notifications under article 49, the Secretary-General of the United Nations shall notify the countries referred to in paragraph 1 of article 42, as well as countries which have become Parties to the Convention by application of paragraph 2 of article 42, from:
the ratifications and accessions under article 42;
the dates on which this Convention shall enter into force in accordance with Article 43;
the terminations pursuant to Article 44;
the termination of this Convention in accordance with article 45;
the notifications received in accordance with Article 46;
the declarations and notifications received in accordance with paragraphs 1 and 2 of Article 48.
Article 51
After August 31, 1956, the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies to each of the countries referred to in paragraphs 1 and 2 of Article 42. 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, both texts being equally authentic.