CMI UNIFORM RULES FOR SEA WAYBILLS, 1990
CMI UNIFORM RULES FOR SEA WAYBILLS, 1990
Whole document
1. Scope of Application
(i) These Rules shall be called the "CMI Uniform Rules for Sea
Waybills".
(ii) They shall apply when adopted by a contract of carriage which is
not covered by a Bill of Lading or similar document of title, whether the
contract be in writing or not.
2. Definitions
(i) In these Rules:
"Contract of carriage" shall mean any contract of carriage subject to
these Rules which is to be performed wholly or partly by sea.
"Goods" shall mean any goods carried or received for carriage under a
contract of carriage.
"Carrier" and "Shipper" shall mean the parties named in or
identifiable as such from the contract of carriage.
"Consignee" shall mean the party named in or identifiable as such from
the contract of carriage, or any person substituted as consignee in
accordance with Rule 6(i).
"Right of Control" shall mean the rights and obligations referred to
in Rule 6.
(ii) Reference in these Rules to the carrier, the shipper or the
consignee shall include their authorized representatives.
3. Agency
(i) The shipper on entering into the contract of carriage does so not
only on his own behalf but also as agent for and on behalf of the
consignee, and warrants to the carrier that he has authority so to do.
(ii) This Rule shall apply if, and only if, it be necessary by the law
applicable to the contract of carriage so as to enable the consignee to
sue and be sued thereon. The consignee shall be under no greater liability
than he would have been had the contract of carriage been covered by a
Bill of Lading or similar document of title.
4. Rights and responsibility
(i) The contract of carriage shall be subject to any International
Convention or National Law which is, or if the contract of carriage had
been covered by a Bill of Lading or similar document of title would have
been, compulsorily applicable thereto. Such convention or law shall apply
notwithstanding anything inconsistent therewith in the contract of
carriage.
(ii) Subject always to subrule (i), the contract of carriage is
governed by:
(a) these Rules;
(b) unless otherwise agreed by the parties, the carriers' standard
terms and conditions for the trade, if any, including any terms and
conditions relating to the non-sea part of the carriage;
(c) any other terms and conditions agreed by the parties.
(iii) In the event of any inconsistency between the terms and
conditions mentioned under subrule (ii) (b) or (c) and these Rules, these
Rules shall prevail.
5. Description of the Goods
(i) The shipper warrants the accuracy of the particulars furnished by
him relating to the goods, and shall indemnify the carrier against any
loss, damage or expense resulting from any inaccuracy.
(ii) In the absence of reservation by the carrier, any statement in a
sea waybill or similar document as to the quantity or condition of the
goods shall
(a) as between the carrier and the shipper be prima facie evidence
of receipt of the goods as so stated;
(b) as between the carrier and the consignee be conclusive
evidence of receipt of the goods as so stated, and prove to the contrary
shall not be permitted, provided always that the consignee has acted in
good faith.
6. Right of Control
(i) Unless the shipper has exercised his option under subrule (ii)
below, he shall be the only party entitled to give the carrier
instructions in relation to the contract of carriage. Unless prohibited by
the applicable law, he shall be entitled to change the name of the
consignee at any time up to the consignee claiming delivery of the goods
after their arrival at destination, provided he gives the carrier
reasonable notice in writing, or by some other means acceptable to the
carrier, and undertakes to indemnify the carrier against any additional
expense caused thereby.
(ii) The shipper shall have the option, to be exercised not later than
the receipt of the goods by the carrier, to transfer the right of control
to the consignee. The exercise of this option must be noted on the sea
waybill or similar document, if any. Where the option has been exercised
the consignee shall have such rights as are referred to in subrule (i)
above and the shipper shall cease to have such rights.
7. Delivery
(i) The carrier shall deliver the goods to the consignee upon
production of proper identification.
(ii) The carrier shall be under no liability for wrong delivery if he
can prove that he has exercised reasonable care to ascertain that the
party claiming to be the consignee is in fact that party.
8. Validity
In the event of anything contained in these Rules or any such
provisions as are incorporated into the contract of carriage by virtue of
Rule 4, being inconsistent with the provisions of any International
Convention or National Law compulsorily applicable to the contract of
carriage, such Rules and provisions shall to that extent but no further
be null and void.
act of carriage is
governed by:
(a) these Rules;
(b) unless otherwise agreed by the parties, the carriers' standard
terms and conditions for the trade, if any, including any terms and
conditions relating to the non-sea part of the carriage;
(c) any other terms and conditions agreed by the parties.
(iii) In the event of any inconsistency between the terms and
conditions mentioned under subrule (ii) (b) or (c) and these Rules, these
Rules shall prevail.
5. Description of the Goods
(i) The shipper warrants the accuracy of the particulars furnished by
him relating to the goods, and shall indemnify the carrier against any
loss, damage or expense resulting from any inaccuracy.
(ii) In the absence of reservation by the carrier, any statement in a
sea waybill or similar document as to the quantity or condition of the
goods shall
(a) as between the carrier and the shipper be prima facie evidence
of receipt of the goods as so stated;
(b) as between the carrier and the consignee be conclusive
evidence of receipt of the goods as so stated, and prove to the contrary
shall not be permitted, provided always that the consignee has acted in
good faith.
6. Right of Control
(i) Unless the shipper has exercised his option under subrule (ii)
below, he shall be the only party entitled to give the carrier
instructions in relation to the contract of carriage. Unless prohibited by
the applicable law, he shall be entitled to change the name of the
consignee at any time up to the consignee claiming delivery of the goods
after their arrival at destination, provided he gives the carrier
reasonable notice in writing, or by some other means acceptable to the
carrier, and undertakes to indemnify the carrier against any additional
expense caused thereby.
(ii) The shipper shall have the option, to be exercised not later than
the receipt of the goods by the carrier, to transfer the right of control
to the consignee. The exercise of this option must be noted on the sea
waybill or similar document, if any. Where the option has been exercised
the consignee shall have such rights as are referred to in subrule (i)
above and the shipper shall cease to have such rights.
7. Delivery
(i) The carrier shall deliver the goods to the consignee upon
production of proper identification.
(ii) The carrier shall be under no liability for wrong delivery if he
can prove that he has exercised reasonable care to ascertain that the
party claiming to be the consignee is in fact that party.
8. Validity
In the event of anything contained in these Rules or any such
provisions as are incorporated into the contract of carriage by virtue of
Rule 4, being inconsistent with the provisions of any International
Convention or National Law compulsorily applicable to the contract of
carriage, such Rules and provisions shall to that extent but no further
be null and void.
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