UNIFORM RULES FOR A COMBINED TRANSPORT DOCUMENT, 1973
UNIFORM RULES FOR A COMBINED TRANSPORT DOCUMENT, 1973
Whole document
INTRODUCTION
The single mode tradition
The traditional carriage of goods by a single mode of transport
developed an appropriate transport document for each mode. This document
applies only to carriage by that mode. It is issued at the point of
departure by that mode by the actual provider of the transport, and it
establishes his liability for loss or damage to the goods whilst in his
charge by reference to an international convention, or to a national law,
applying only to that mode of transport.
Each of these "single mode" transport documents has served to pass the
information necessary for the movement of the goods, and also met
commercial and financial needs by acting as a receipt for identified
goods, as a contract of carriage, and also, when issued in negotiable
form, as a document of title to the goods.
Combined transport operators
The transport developments of the past decade have led to a greatly
increased through movement of goods, often in "unit load" form, from a
point of departure to a point of final destination by the successive use
of more than one mode of transport.
Such "combined transport" (also referred to in the USA as "inter-modal
transport" and in other parts of the world as "multi-modal transport")
means either the issue of a series of separate single mode transport
documents-which is inefficient from the international trade viewpoint-or
their replacement by a new, through, "start-to-finish" transport document.
Such new transport document, a "CT document" (combined transport
document), would of necessity be issued by someone who might be the actual
provider of the transport-or at least of part of it-or who might merely be
an arranger for the provision of all, or part of, the transport by others.
But whether as provider or as arranger of the transport, such person
issuing the CT document (the CTO-Combined Transport Operator) would be
acting as principal vis-a-vis the shipper and would be responsible, as a
principal, for the transport being properly carried out, and liable, as a
principal, for loss or damage wherever it occurred during the course of
the whole combined transport.
Uniform Rules for CT Documents
In the absence of a new international convention specially applicable
to multi-modal transport in the way that existing conventions apply to the
different single modal transport, and as an essential measure to avoid the
commercially retrograde step of the development of a multiplicity of
differing documents for combined transport operations, the ICC has drafted
a set of minimum uniform rules to govern an acceptable-and easily
recognisable-CT document. The Rules may be given legal effect by their
incorporation into a private contract, the combined transport contract
evidenced by the CT document.
Application
The ICC Rules are applied by the issue of the CT document, and by the
issue of this document the CTO accepts full responsibility for the
performance of the combined transport, as well as liability, throughout
the entire combined transport.
Because, however, the Rules are applied by private contract.
(a) The liability for loss or damage has to be governed:
(i) by the appropriate single mode rules when the loss or
damage can be attributed to a particular stage of transport (cf. Rule 13),
or
(ii) by the ICC Rules when the loss or damage is "concealed",
i. e. cannot be attributed to a particular stage of transport (cf. Rules
11 and 12).
(b) The liability for delay has to be governed in all cases by the
single mode rules regarding delay, where such single mode rules exist,
applying to the stage of transport where the delay occurred (cf. Rule 14).
Nevertheless, the Rules do not preclude the voluntary acceptance by the
CTO of a greater responsibility or obligation than that outlined above.
Forward Looking
The Rules are also forward looking, in that they take note of the
increasing tendency to replace negotiable documents of title, which must
be surrendered at destination before the goods may be delivered, by
non-negotiable documents, whereby delivery is made to a consignee named in
the document without the need to surrender any document, and provide for
the issue of the CT document in either negotiable form, or in
non-negotiable form.
They do not, however-and, indeed, they cannot-legislate for the
commercial and financial standing of the CTO. This will be resolved by
commercial willingness or by commercial unwillingness to regard a CT
document issued by any particular CTO as a worthwhile document.
In this revised form the Rules represent a major contribution towards
the simplification of international trade procedures as a means of
facilitating international trade and its finance.
GENERAL PROVISIONS
Rule 1
(a) These Rules apply to every contract concluded for the performance
and/or procurement of performance of combined transport of goods which is
evidenced by a combined transport document as defined herein. These Rules
shall nevertheless apply even if the goods are carried by a single mode of
transport contrary to the original intentions of the contracting parties
that there should be a combined transport of the goods as defined
hereafter.
(b) The issuance of such combined transport document confers and
imposes on all parties having or thereafter acquiring an interest in it
the rights, obligations and defences set out in these Rules.
(c) Except to the extent that it increases the responsibility or
obligation of the combined transport operator, any stipulation or any part
of any stipulation contained in a contract of combined transport or in a
combined transport document evidencing such contract, which would directly
or indirectly derogate from these Rules shall be null and void to the
extent of the conflict between such stipulation, or part thereof, and
these Rules. The nullity of such stipulation or part thereof shall not
affect the validity of the other provisions of the contract of combined
transport or combined transport document of which it forms a part.
DEFINITIONS
Rule 2
For the purpose of these Rules:
(a) Combined transport means the carriage of goods by at least two
different modes of transport, from a place at which the goods are taken in
charge situated in one country to a place designated for delivery situated
in a different country.
(b) Combined transport operator (CTO) means a person (including any
corporation, company or legal entity) issuing a combined transport
document. Where a national law requires a person to be authorised or
licensed before being entitled to issue a combined transport document,
then combined transport operator can only refer to a person so authorised
or licensed.
(c) Combined transport document (CT document) means a document
evidencing a contract for the performance and/or procurement of
performance of combined transport of goods and bearing on its face either
the heading "Negotiable combined transport document issued subject to
Uniform Rules for a Combined Transport Document (ICC publication No. 298)"
or the heading "Non-negotiable combined transport document issued subject
to Uniform Rules for a Combined Transport Document (ICC Publication No.
298)".
(d) Different modes of transport means the transport of goods by two
or more modes of transport, such as transport by sea, inland waterway,
air, rail or road.
(e) Delivery means delivering the goods to or placing the goods at the
disposal of the party entitled to receive them.
(f) Franc means a unit consisting of 65.6 milligrams of gold of
millesimal fineness 900.
NEGOTIABLE DOCUMENT
Rule 3
Where a CT document is issued in negotiable form:
(a) it shall be made out to order or to bearer;
(b) if made out to order it shall be transferable by endorsement;
(c) if made out to bearer it shall be transferable without
endorsement;
(d) if issued in a set of more than one original it shall indicate the
number of originals in the set;
(e) if any copies are issued each copy shall be marked "non-negotiable
copy";
(f) delivery of the goods may be demanded only from the CTO or his
representative, and against surrender of the CT document duly endorsed
where necessary;
(g) the CTO shall be discharged of his obligation to deliver the goods
if, where a CT document has been issued in a set of more than one
original, he, or his representative, has in good faith delivered the goods
against surrender of one of such originals.
NON-NEGOTIABLE DOCUMENT
Rule 4
Where a CT document is issued in non-negotiable form:
(a) it shall indicate a named consignee;
(b) the CTO shall be discharged of his obligation to deliver the goods
if he makes delivery thereof to the consignee named in such non-negotiable
document, or to the party advised to the CTO by such consignee as
authorised by him to accept delivery.
RESPONSIBILITIES AND LIABILITIES OF THE CTO
Rule 5
By the issuance of a CT document the CTO:
(a) undertakes to perform and/or in his own name to procure
performance of the combined transport-including all services which are
necessary to such transport-from the time of taking the goods in charge to
the time of delivery, and accepts responsibility for such transport and
such services to the extent set out in these Rules;
(b) accepts responsibility for the acts and omissions of his agents or
servants, when such agents or servants are acting within the scope of
their employment, as if such acts and omissions were his own;
(c) accepts responsibility for the acts and omissions of any other
person whose services he uses for the performance of the contract
evidenced by the CT document;
(d) undertakes to perform or to procure performance of all acts
necessary to ensure delivery;
(e) assumes liability to the extent set out in the Rules for loss of
or damage to the goods occurring between the time of taking them into his
charge and the time of delivery, and undertakes to pay compensation as set
out in these Rules in respect of such loss or damage;
(f) assumes liability to the extent set out in Rule 14 for delay in
delivery of the goods and undertakes to pay compensation as set out in
that Rule.
RIGHTS AND DUTIES OF THE PARTIES
Rule 6
In addition to the information specifically required by these Rules,
the parties shall insert in a CT document such particulars as they may
agree to be commercially desirable.
Rule 7
The consignor shall be deemed to have guaranteed to the CTO the
accuracy, at the time the goods were taken in charge by the CTO, of the
description, marks, number, quantity, weight and/or volume of the goods
as furnished him, and the consignor shall indemnify the CTO against all
loss, damage and expense arising or resulting from inaccuracies in or
inadequacy of such particulars. The right of the CTO to such indemnity
shall in no way limit his responsibility and liability under the CT
document to any person other than the consignor.
Rule 8
The consignor shall comply with rules which are mandatory according to
the national law or by reason of international convention, relating to the
carriage of goods of a dangerous nature, and shall in any case inform the
CTO in writing of the exact nature of the danger before goods of a
dangerous nature are taken in charge by the CTO and indicate to him, if
need be, the precautions to be taken. If the consignor fails to provide
such information and the CTO is unaware of the dangerous nature of the
goods and the necessary precautions to be taken and if, at any time, they
are deemed to be a hazard to life or property, they may at any place be
unloaded, destroyed or rendered harmless, as circumstances may require,
without compensation, and the consignor shall be liable for all loss,
damage, delay or expenses arising out of their being taken in charge, or
their carriage, or of any service incidental thereto.
The burden of proving the CTO knew the exact nature of the danger
constituted by the carriage of the said goods shall rest upon the person
entitled to the goods.
Rule 9
The CTO shall clearly indicate in the CT document, at least by
quantity and/or weight and/or volume and/or marks, the goods he has taken
in charge and for which he accepts responsibility.
Subject to paragraph 1 of this Rule, if the CTO has reasonable grounds
for suspecting that the CT document contains particulars concerning the
description, marks, number, quantity, weight and/or volume of the goods
which do not represent accurately the goods actually taken in charge, or
if he has no reasonable means of checking such particulars, the CTO shall
be entitled to enter his reservations in the CT document, provided he
indicates the particular information to which such reservations apply.
The CT document shall be prima facie evidence of the taking in charge
by the CTO of the goods as therein described. Proof to the contrary shall
not be admissible when the CT document is issued in negotiable form and
has been transferred to a third party acting in good faith.
Rule 10
Except in respect of goods treated as lost in accordance with Rule 15
hereof, the CTO shall be deemed prima facie to have delivered the goods as
described in the CT document unless notice of loss of, or damage to, the
goods, indicating the general nature of such loss or damage, shall have
been given in writing to the CTO or to his representative at the place of
delivery before or at the time of removal of the goods into the custody of
the person entitled to delivery thereof under the CT document, or, if the
loss or damage is not apparent, within seven consecutive days thereafter.
LIABILITY FOR LOSS OR DAMAGE
A. Rules applicable when the stage of transport where the loss ordamage occurred is not known
Rule 11
When in accordance with Rule 5(e) hereof the CTO is liable to pay
compensation in respect of loss of, or damage to, the goods and the stage
of transport where the loss or damage occurred is not known:
(a) such compensation shall be calculated 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 contract of combined
transport, they should have been so delivered;
(b) 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.
(c) compensation shall not exceed 30 francs per kilo of gross weight
of the goods lost or damaged, unless, with the consent of the CTO, the
consignor has declared a higher value for the goods and such higher value
has been stated in the CT document, in which case such higher value shall
be the limit.
However, the CTO shall not, in any case, be liable for an amount
greater than the actual loss to the person entitled to make the claim.
Rule 12
When the stage of transport where the loss or damage occurred is not
known the CTO shall not be liable to pay compensation in accordance with
Rule 5(e) hereof if the loss or damage was caused by:
(a) an act or omission of the consignor or consignee, or person other
than the CTO acting on behalf of the consignor or consignee, or from whom
the CTO took the goods in charge;
(b) insufficiency or defective condition of the packing or marks;
(c) handling, loading, stowage or unloading of the goods by the
consignor or the consignee or any person acting on behalf of the consignor
or the consignee;
(d) inherent vice of the goods;
(e) strike, lockout, stoppage or restraint of labour, the consequences
of which the CTO could not avoid by the exercise of reasonable diligence;
(f) any cause or event which the CTO could not avoid and the
consequences of which he could not prevent by the exercise of reasonable
diligence;
(g) a nuclear incident if the operator of a nuclear installation or a
person acting for him is liable for this damage under an applicable
international convention or national law governing liability in respect of
nuclear energy.
The burden of proving that the loss or damage was due to one or more
of the above causes or events shall rest upon the CTO.
When the CTO establishes that, in the circumstances of the case, the
loss or damage could be attributed to one or more of the causes or events
specified in (b) to (d) above, it shall be presumed that it was so caused.
The claimant shall, however, be entitled to prove that the loss or damage
was not, in fact, caused wholly or partly by one or more of these causes
or events.
B. Rules applicable when the stage of transport where the loss ordamage occurred is known
Rule 13
When in accordance with Rule 5(e) hereof the CTO is liable to pay
compensation in respect of loss or damage to the goods and the stage of
transport where the loss or damage occurred is known, the liability of the
CTO in respect of such loss or damage shall be determined.
(a) by the provisions contained in any international convention or
national law, which provisions:
(i) cannot be departed from by private contract, to the detriment
of the claimant, and
(ii) would have applied if the claimant had made a separate and
direct contract with the CTO in respect of the particular stage of
transport where the loss or damage occurred and received as evidence
thereof any particular document which must be issued in order to make such
international convention or national law applicable; or
(b) by the provisions contained in any international convention
relating to the carriage of goods by the mode of transport used to carry
the goods at the time when the loss or damage occurred, provided that:
(i) no other international convention or national law would apply
by virtue of the provisions contained in subparagraph (a) of this Rule,
and that
(ii) it is expressly stated in the CT document that all the
provisions contained in such convention shall govern the carriage of goods
by such mode of transport, where such mode of transport is by sea, such
provisions shall apply to all goods whether carried on deck or under deck;
or
(c) by the provisions contained in any contract of carriage by inland
waterways entered into between the CTO and any subcontractor, provided
that:
(i) no international convention or national law is applicable
under subparagraph (a) of this Rule, or is applicable, or could have been
made applicable, by express provision in accordance with subparagraph (b)
of this Rule and that
(ii) it is expressly stated in the CT document that such contract
provisions shall apply; or
(d) by the provisions of Rules 11 and 12 in cases where the provisions
of subparagraphs (a), (b) and (c) above do not apply.
Without prejudice to the provisions of Rule 5(b) and (c), when, under
the provisions of the preceding paragraph, the liability of the CTO shall
be determined by the provisions of any international convention or
national law, this liability shall be determined as though the CTO were
the carrier referred to in any such convention or national law. However,
the CTO shall not be exonerated from liability where the loss or damage is
caused or contributed to by the acts or omissions of the CTO in his
capacity as such, or his servants or agents when acting in such capacity
and not in the performance of the carriage.
LIABILITY FOR DELAY
Rule 14
The CTO is liable to pay compensation for delay only when the stage of
transport where a delay occurred is known, and to the extent that there is
liability under any international convention or national law, the
provisions of which:
(i) cannot be departed from by private contract to the detriment
of the claimant;
(ii) would have applied if the claimant had made a separate and
direct contract with the CTO as operator of that stage of transport and
received as evidence thereof any particular document which must be issued
in order to make such international convention or national law applicable.
However, the amount of such compensation shall not exceed the amount
of the freight for that stage of transport, provided that this limitation
is not contrary to any applicable international convention or national
law.
MISCELLANEOUS PROVISIONS
Rule 15
Failure to effect delivery within 90 days after the expiry of a time
limit agreed and expressed in a CT document or, where no time limit is
agreed and so expressed, failure to effect delivery within 90 days after
the time it would be reasonable to allow for diligent completion of the
combined transport operation shall, in the absence of evidence to the
contrary, give to the party entitled to receive delivery the right to
treat the goods as lost.
Rule 16
The defences and limits of liability provided for in these Rules shall
apply in any action against the CTO for loss of, damage, or delay to the
goods whether the action be founded in contract or in tort.
Rule 17
The CTO shall not be entitled to the benefit of the limitation of
liability provided for in Rule 11 hereof if it is proved that the loss or
damage resulted from an act or omission of the CTO done with intent to
cause damage or recklessly and with knowledge that damage would probably
result.
Rule 18
Nothing in these Rules shall prevent the CTO from including in the CT
document provisions for protection of his agents or servants or any other
person whose services he uses for the performance of the contract
evidenced by the CT document, provided such protection does not extend
beyond that granted to the CTO himself.
TIME-BAR
Rule 19
The CTO shall be discharged of all liability under these Rules unless
suit is brought within nine months after,
(i) the delivery of the goods, or
(ii) the date when the goods should have been delivered, or
(iii) the date, when in accordance with Rule 15, failure to
deliver the goods would, in the absence of evidence to the contrary, give
to the party entitled to receive delivery the right to treat the goods as
lost.
signee;
(b) the CTO shall be discharged of his obligation to deliver the goods
if he makes delivery thereof to the consignee named in such non-negotiable
document, or to the party advised to the CTO by such consignee as
authorised by him to accept delivery.
RESPONSIBILITIES AND LIABILITIES OF THE CTO
Rule 5
By the issuance of a CT document the CTO:
(a) undertakes to perform and/or in his own name to procure
performance of the combined transport-including all services which are
necessary to such transport-from the time of taking the goods in charge to
the time of delivery, and accepts responsibility for such transport and
such services to the extent set out in these Rules;
(b) accepts responsibility for the acts and omissions of his agents or
servants, when such agents or servants are acting within the scope of
their employment, as if such acts and omissions were his own;
(c) accepts responsibility for the acts and omissions of any other
person whose services he uses for the performance of the contract
evidenced by the CT document;
(d) undertakes to perform or to procure performance of all acts
necessary to ensure delivery;
(e) assumes liability to the extent set out in the Rules for loss of
or damage to the goods occurring between the time of taking them into his
charge and the time of delivery, and undertakes to pay compensation as set
out in these Rules in respect of such loss or damage;
(f) assumes liability to the extent set out in Rule 14 for delay in
delivery of the goods and undertakes to pay compensation as set out in
that Rule.
RIGHTS AND DUTIES OF THE PARTIES
Rule 6
In addition to the information specifically required by these Rules,
the parties shall insert in a CT document such particulars as they may
agree to be commercially desirable.
Rule 7
The consignor shall be deemed to have guaranteed to the CTO the
accuracy, at the time the goods were taken in charge by the CTO, of the
description, marks, number, quantity, weight and/or volume of the goods
as furnished him, and the consignor shall indemnify the CTO against all
loss, damage and expense arising or resulting from inaccuracies in or
inadequacy of such particulars. The right of the CTO to such indemnity
shall in no way limit his responsibility and liability under the CT
document to any person other than the consignor.
Rule 8
The consignor shall comply with rules which are mandatory according to
the national law or by reason of international convention, relating to the
carriage of goods of a dangerous nature, and shall in any case inform the
CTO in writing of the exact nature of the danger before goods of a
dangerous nature are taken in charge by the CTO and indicate to him, if
need be, the precautions to be taken. If the consignor fails to provide
such information and the CTO is unaware of the dangerous nature of the
goods and the necessary precautions to be taken and if, at any time, they
are deemed to be a hazard to life or property, they may at any place be
unloaded, destroyed or rendered harmless, as circumstances may require,
without compensation, and the consignor shall be liable for all loss,
damage, delay or expenses arising out of their being taken in charge, or
their carriage, or of any service incidental thereto.
The burden of proving the CTO knew the exact nature of the danger
constituted by the carriage of the said goods shall rest upon the person
entitled to the goods.
Rule 9
The CTO shall clearly indicate in the CT document, at least by
quantity and/or weight and/or volume and/or marks, the goods he has taken
in charge and for which he accepts responsibility.
Subject to paragraph 1 of this Rule, if the CTO has reasonable grounds
for suspecting that the CT document contains particulars concerning the
description, marks, number, quantity, weight and/or volume of the goods
which do not represent accurately the goods actually taken in charge, or
if he has no reasonable means of checking such particulars, the CTO shall
be entitled to enter his reservations in the CT document, provided he
indicates the particular information to which such reservations apply.
The CT document shall be prima facie evidence of the taking in charge
by the CTO of the goods as therein described. Proof to the contrary shall
not be admissible when the CT document is issued in negotiable form and
has been transferred to a third party acting in good faith.
Rule 10
Except in respect of goods treated as lost in accordance with Rule 15
hereof, the CTO shall be deemed prima facie to have delivered the goods as
described in the CT document unless notice of loss of, or damage to, the
goods, indicating the general nature of such loss or damage, shall have
been given in writing to the CTO or to his representative at the place of
delivery before or at the time of removal of the goods into the custody of
the person entitled to delivery thereof under the CT document, or, if the
loss or damage is not apparent, within seven consecutive days thereafter.
LIABILITY FOR LOSS OR DAMAGE
A. Rules applicable when the stage of transport where the loss ordamage occurred is not known
Rule 11
When in accordance with Rule 5(e) hereof the CTO is liable to pay
compensation in respect of loss of, or damage to, the goods and the stage
of transport where the loss or damage occurred is not known:
(a) such compensation shall be calculated 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 contract of combined
transport, they should have been so delivered;
(b) 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.
(c) compensation shall not exceed 30 francs per kilo of gross weight
of the goods lost or damaged, unless, with the consent of the CTO, the
consignor has declared a higher value for the goods and such higher value
has been stated in the CT document, in which case such higher value shall
be the limit.
However, the CTO shall not, in any case, be liable for an amount
greater than the actual loss to the person entitled to make the claim.
Rule 12
When the stage of transport where the loss or damage occurred is not
known the CTO shall not be liable to pay compensation in accordance with
Rule 5(e) hereof if the loss or damage was caused by:
(a) an act or omission of the consignor or consignee, or person other
than the CTO acting on behalf of the consignor or consignee, or from whom
the CTO took the goods in charge;
(b) insufficiency or defective condition of the packing or marks;
(c) handling, loading, stowage or unloading of the goods by the
consignor or the consignee or any person acting on behalf of the consignor
or the consignee;
(d) inherent vice of the goods;
(e) strike, lockout, stoppage or restraint of labour, the consequences
of which the CTO could not avoid by the exercise of reasonable diligence;
(f) any cause or event which the CTO could not avoid and the
consequences of which he could not prevent by the exercise of reasonable
diligence;
(g) a nuclear incident if the operator of a nuclear installation or a
person acting for him is liable for this damage under an applicable
international convention or national law governing liability in respect of
nuclear energy.
The burden of proving that the loss or damage was due to one or more
of the above causes or events shall rest upon the CTO.
When the CTO establishes that, in the circumstances of the case, the
loss or damage could be attributed to one or more of the causes or events
specified in (b) to (d) above, it shall be presumed that it was so caused.
The claimant shall, however, be entitled to prove that the loss or damage
was not, in fact, caused wholly or partly by one or more of these causes
or events.
B. Rules applicable when the stage of transport where the loss ordamage occurred is known
Rule 13
When in accordance with Rule 5(e) hereof the CTO is liable to pay
compensation in respect of loss or damage to the goods and the stage of
transport where the loss or damage occurred is known, the liability of the
CTO in respect of such loss or damage shall be determined.
(a) by the provisions contained in any international convention or
national law, which provisions:
(i) cannot be departed from by private contract, to the detriment
of the claimant, and
(ii) would have applied if the claimant had made a separate and
direct contract with the CTO in respect of the particular stage of
transport where the loss or damage occurred and received as evidence
thereof any particular document which must be issued in order to make such
international convention or national law applicable; or
(b) by the provisions contained in any international convention
relating to the carriage of goods by the mode of transport used to carry
the goods at the time when the loss or damage occurred, provided that:
(i) no other international convention or national law would apply
by virtue of the provisions contained in subparagraph (a) of this Rule,
and that
(ii) it is expressly stated in the CT document that all the
provisions contained in such convention shall govern the carriage of goods
by such mode of transport, where such mode of transport is by sea, such
provisions shall apply to all goods whether carried on deck or under deck;
or
(c) by the provisions contained in any contract of carriage by inland
waterways entered into between the CTO and any subcontractor, provided
that:
(i) no international convention or national law is applicable
under subparagraph (a) of this Rule, or is applicable, or could have been
made applicable, by express provision in accordance with subparagraph (b)
of this Rule and that
(ii) it is expressly stated in the CT document that such contract
provisions shall apply; or
(d) by the provisions of Rules 11 and 12 in cases where the provisions
of subparagraphs (a), (b) and (c) above do not apply.
Without prejudice to the provisions of Rule 5(b) and (c), when, under
the provisions of the preceding paragraph, the liability of the CTO shall
be determined by the provisions of any international convention or
national law, this liability shall be determined as though the CTO were
the carrier referred to in any such convention or national law. However,
the CTO shall not be exonerated from liability where the loss or damage is
caused or contributed to by the acts or omissions of the CTO in his
capacity as such, or his servants or agents when acting in such capacity
and not in the performance of the carriage.
LIABILITY FOR DELAY
Rule 14
The CTO is liable to pay compensation for delay only when the stage of
transport where a delay occurred is known, and to the extent that there is
liability under any international convention or national law, the
provisions of which:
(i) cannot be departed from by private contract to the detriment
of the claimant;
(ii) would have applied if the claimant had made a separate and
direct contract with the CTO as operator of that stage of transport and
received as evidence thereof any particular document which must be issued
in order to make such international convention or national law applicable.
However, the amount of such compensation shall not exceed the amount
of the freight for that stage of transport, provided that this limitation
is not contrary to any applicable international convention or national
law.
MISCELLANEOUS PROVISIONS
Rule 15
Failure to effect delivery within 90 days after the expiry of a time
limit agreed and expressed in a CT document or, where no time limit is
agreed and so expressed, failure to effect delivery within 90 days after
the time it would be reasonable to allow for diligent completion of the
combined transport operation shall, in the absence of evidence to the
contrary, give to the party entitled to receive delivery the right to
treat the goods as lost.
Rule 16
The defences and limits of liability provided for in these Rules shall
apply in any action against the CTO for loss of, damage, or delay to the
goods whether the action be founded in contract or in tort.
Rule 17
The CTO shall not be entitled to the benefit of the limitation of
liability provided for in Rule 11 hereof if it is proved that the loss or
damage resulted from an act or omission of the CTO done with intent to
cause damage or recklessly and with knowledge that damage would probably
result.
Rule 18
Nothing in these Rules shall prevent the CTO from including in the CT
document provisions for protection of his agents or servants or any other
person whose services he uses for the performance of the contract
evidenced by the CT document, provided such protection does not extend
beyond that granted to the CTO himself.
TIME-BAR
Rule 19
The CTO shall be discharged of all liability under these Rules unless
suit is brought within nine months after,
(i) the delivery of the goods, or
(ii) the date when the goods should have been delivered, or
(iii) the date, when in accordance with Rule 15, failure to
deliver the goods would, in the absence of evidence to the contrary, give
to the party entitled to receive delivery the right to treat the goods as
lost.
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