UNCTAD/ICC Rules for Multimodal Transport Documents
UNCTAD/ICC Rules for Multimodal Transport Documents
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1. Applicability
1.1 These Rules apply when they are incorporated, however this is
made, in writing, orally or otherwise, into a contract of carriage by
reference to the "UNCTAD/ICC Rules for multimodal transport documents",
irrespective of whether there is a unimodal or a multimodal transport
contract involving one or several modes of transport or whether a document
has been issued or not.
1.2 Whenever such a reference is made, the parties agree that these
Rules shall supersede any additional terms of the multimodal transport
contract which are in conflict with these Rules, except insofar as they
increase the responsibility or obligations of the multimodal transport
operator.
2. Definitions
2.1 Multimodal transport contract (multimodal transport contract)
means a single contract for the carriage of goods by at least two
different modes of transport.
2.2 Multimodal transport operator (MTO) means any person who concludes
a multimodal transport contract and assumes responsibility for the
performance thereof as a carrier.
2.3 Carrier means the person who actually performs or undertakes to
perform the carriage, or part thereof, whether he is identical with the
multimodal transport operator or not.
2.4 Consignor means the person who concludes the multimodal transport
contract with the multimodal transport operator.
2.5 Consignee means the person entitled to receive the goods from the
multimodal transport operator.
2.6 Multimodal transport document (MT document) means a document
evidencing a multimodal transport contract and which can be replaced by
electronic data interchange messages insofar as permitted by applicable
law and be,
(a) issued in a negotiable form or,
(b) issued in a non-negotiable form indicating a named consignee.
2.7 Taken in charge means that the goods have been handed over to and
accepted for carriage by the MTO.
2.8 Delivery means
(a) the handing over of the goods to the consignee, or
(b) the placing of the goods at the disposal of the consignee in
accordance with the multimodal transport contract or with the law or usage
of the particular trade applicable at the place of delivery, or
(c) the handing over of the goods to an authority or other third
party to whom, pursuant to the law or regulations applicable at the place
of delivery, the goods must be handed over.
2.9 Special Drawing Right (SDR) means the unit of account as defined
by the International Monetary Fund.
2.10 Goods means any property including live animals as well as
containers, pallets or similar articles of transport or packaging not
supplied by the MTO, irrespective of whether such property is to be or is
carried on or under deck.
3. Evidentiary effect of the information contained in the multi-modal transport document
The information in the MT document shall be prima facie evidence of
the taking in charge by the MTO of the goods as described by such
information unless a contrary indication, such as "shipper's weight, load
and count", "shipper-packed container" or similar expressions, has been
made in the printed text or superimposed on the document. Proof to the
contrary shall not be admissible when the MT document has been
transferred, or the equivalent electronic data interchange message has
been transmitted to and acknowledged by the consignee who in good faith
has relied and acted thereon.
4. Responsibilities of the multimodal transport operator
4.1 Period of responsibility
The responsibility of the MTO for the goods under these Rules covers
the period from the time the MTO has taken the goods in his charge to the
time of their delivery.
4.2 The liability of the MTO for his servants, agents and other
persons
The multimodal transport operator shall be responsible for the acts
and omissions of his servants or agents, when any such servant or agent is
acting within the scope of his employment, or of any other person of
whose services he makes use for the performance of the contract, as if
such acts and omissions were his own.
4.3 Delivery of the goods to the consignee
The MTO undertakes to perform or to procure the performance of all
acts necessary to ensure delivery of the goods:
(a) when the MT document has been issued in a negotiable form "to
bearer", to the person surrendering one original of the document, or
(b) when the MT document has been issued in a negotiable form "to
order", to the person surrendering one original of the document duly
endorsed, or
(c) when the MT document has been issued in a negotiable form to a
named person, to that person upon proof of his identity and surrender of
one original document; if such document has been transferred "to order" or
in blank the provisions of (b) above apply, or
(d) when the MT document has been issued in a non-negotiable form,
to the person named as consignee in the document upon proof of his
identity, or
(e) when no document has been issued, to a person as instructed by
the consignor or by a person who has acquired the consignor's or the
consignee's rights under the multimodal transport contract to give such
instructions.
5. Liability of the multimodal transport operator
5.1 Basis of Liability
Subject to the defences set forth in Rule 5.4 and Rule 6, MTO shall be
liable for loss of or damage to the goods, as well as for delay in
delivery, if the occurrence which caused the loss, damage or delay in
delivery took place while the goods were in his charge as defined in Rule
4.1, unless the MTO proves that no fault or neglect of his own, his
servants or agents or any other person referred to in Rule 4 has caused or
contributed to the loss, damage or delay in delivery. However, the MTO
shall not be liable for loss following from delay in delivery unless the
consignor has made a declaration of interest in timely delivery which has
been accepted by the MTO.
5.2 Delay in delivery
Delay in delivery occurs when the goods have not been delivered within
the time expressly agreed upon or, in the absence of such agreement,
within the time which it would be reasonable to require of a diligent MTO,
having regard to the circumstances of the case.
5.3 Conversion of delay into final loss
If the goods have not been delivered within ninety consecutive days
following the date of delivery determined according to Rule 5.2, the
claimant may, in the absence of evidence to the contrary, treat the goods
as lost.
5.4 Defences for carriage by sea or inland waterways
Notwithstanding the provisions of Rule 5.1. the MTO shall not be
responsible for loss, damage or delay in delivery with respect to goods
carried by sea or inland waterways when such loss, damage or delay during
such carriage has been caused by:
. act, neglect, or default of the master, mariner, pilot or the
servants of the carrier in the navigation or in the management of the
ship,
. fire, unless caused by the actual fault or privity of the
carrier, however, always provided that whenever loss or damage has
resulted from unseaworthiness of the ship, the MTO can prove that due
diligence has been exercised to make the ship seaworthy at the
commencement of the voyage.
5.5 Assessment of compensation
5.5.1 Assessment of compensation for loss of or damage to the goods
shall be made by reference to the value of such goods at the place and
time they are delivered to the consignee or at the place and time when, in
accordance with the multimodal transport contract, they should have been
so delivered.
5.5.2 The value of the goods shall be determined according to the
current commodity exchange price or, if there is no such price, according
to the current market price or, if there is no commodity exchange price or
current market price, by reference to the normal value of goods of the
same kind and quality.
6. Limitation of liability of the multimodal transport operator
6.1 Unless the nature and value of the goods have been declared by the
consignor before the goods have been taken in charge by the MTO and
inserted in the MT document, the MTO shall in no event be or become liable
for any loss of or damage to the goods in an amount exceeding the
equivalent of 666.67 SDR per package or unit or 2 SDR per kilogramme of
gross weight of the goods lost or damaged, whichever is the higher.
6.2 Where a container, pallet or similar article of transport is
loaded with more than one package or unit, the packages or other shipping
units enumerated in the MT document as packed in such article of transport
are deemed packages or shipping units. Except as aforesaid, such article
of transport shall be considered the package or unit.
6.3 Notwithstanding the above-mentioned provisions, if the multimodal
transport does not, according to the contract, include carriage of goods
by sea or by inland waterways, the liability of the MTO shall be limited
to an amount not exceeding 8.33 SDR per kilogramme of gross weight of the
goods lost or damaged.
6.4 When the loss of or damage to the goods occurred during one
particular stage of the multimodal transport, in respect of which an
applicable international convention or mandatory national law would have
provided another limit of liability if a separate contract of carriage had
been made for that particular stage of transport, then the limit of the
MTO's liability for such loss or damage shall be determined by reference
to the provisions of such convention or mandatory national law.
6.5 If the MTO is liable in respect of loss following from delay in
delivery, or consequential loss or damage other than loss of or damage to
the goods, the liability of the MTO shall be limited to an amount not
exceeding the equivalent of the freight under the multimodal transport
contract for the multimodal transport.
6.6 The aggregate liability of the MTO shall not exceed the limits of
liability for total loss of the goods.
7. Loss of the right of the multimodal transport operator to limitliability
The MTO is not entitled to the benefit of the limitation of liability
if it is proved that the loss, damage or delay in delivery resulted from
a personal act or omission of the MTO done with the intent to cause such
loss, damage or delay, or recklessly and with knowledge that such loss,
damage or delay would probably result.
8. Liability of the consignor
8.1 The consignor shall be deemed to have guaranteed to the MTO the
accuracy, at the time the goods were taken in charge by the MTO, of all
particulars relating to the general nature of the goods, their marks,
number, weight, volume and quantity and, if applicable, to the dangerous
character of the goods, as furnished by him or on his behalf for insertion
in the MT document.
8.2 The consignor shall indemnify the MTO against any loss resulting
from inaccuracies in or inadequacies of the particulars referred to above.
8.3 The Consignor shall remain liable even if the MT document has been
transferred by him.
8.4 The right of the MTO to such indemnity shall in no way limit his
liability under the multimodal transport contract to any person other than
the consignor.
9. Notice of loss or damage to the goods
9.1 Unless notice of loss of or damage to the goods, specifying the
general nature of such loss or damage, is given in writing by the
consignee to the MTO when the goods are handed over to the consignee, such
handing over is prima facie evidence of the delivery by the MTO of the
goods as described in the MT document.
9.2 Where the loss or damage is not apparent, the same prima facie
effect shall apply if notice in writing is not given within 6 consecutive
days after the day when the goods were handed over to the consignee.
10. Time-bar
The MTO shall, unless otherwise expressly agreed, be discharged of all
liability under these Rules unless suit is brought within 9 month after
the delivery of the goods, or the date when the goods should have been
delivered, or the date when in accordance with Rule 5.3, failure to
deliver the goods would give the consignee the right to treat the goods as
lost.
11. Applicability of the rules to actions in tort
These Rules apply to all claims against the MTO relating to the
performance of the multimodal transport contract, whether the claim be
founded in contract or in tort.
12. Applicability of the rules to the multimodal transport ope-rator's servants, agents and other persons employed by him
The Rules apply whenever claims relating to the performance of the
multimodal transport contract are made against any servant, agent or other
person whose services the MTO has used in order to perform the multimodal
transport contract, whether such claims are founded in contract or in
tort, and the aggregate liability of the MTO of such servants, agents or
other persons shall not exceed the limits in Rule 6.
13. Mandatory law
These Rules shall take effect to the extent that they are not contrary
to the mandatory provisions of international conventions or national law
applicable to the multimodal transport contract.
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