Convention CMR

Convention on the Contract for the International Carriage of Goods by Road

Procedure for the relationship between consignors, carriers and consignees in the international transport of goods by vehicles. PREAMBLE: CONTRACTING PARTIES, RECOGNIZING THE HAPPINESS OF THE UNIFICATION OF THE CONDITIONS GOVERNING THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS, IN PARTICULAR THAT THE DOCUMENTS APPLICABLE FOR SUCH TRANSPORTATION AND THE LIABILITY OF THE CARRIER, HAVE AGREED AS FOLLOWS:

Chapter 1 – Scope of the Convention

Article 1

1. This Convention applies to any contract for the carriage of goods by road for payment, when the place of acceptance of the goods and the place intended for delivery of the goods, point The agreements entered into in the treaty are in two different countries, of which at least one is a party to the Convention, regardless of the residence and nationality of the parties to the treaty.

2. In the application of this Convention, a “vehicle” means cars, tractors, trailers and semi-trailers, as they are defined in article 4 of the Convention on Road Traffic of September 19, 1949.

3. This Convention shall also apply when the transportations falling within its scope are carried out by States or governmental agencies or organizations.

4. This Convention does not apply:

• a) for carriage performed under international postal conventions;
• b) for the transport of dead persons
• c) for transportation of the environment and

5. The Contracting Parties have agreed not to amend the provisions of this Convention through special agreements between two or more Contracting Parties, except for the cancellation of its application to their border transportation or the use of invoices representing ownership of cargo for transportation ah, undertaken exclusively within their territories.

Article 2

1. When a vehicle containing a cargo is transported by sea, rail, inland waterway or by air, part of the way, and, unless the provisions of article 14 apply, the cargo from the vehicle This Convention applies to the entire carriage as a whole. However, if it is proved that the loss of the cargo, its damage or delay in delivery occurred during transportation carried out by another mode of transport and were not caused by the act or omission of the road carrier, but were caused by an event that could only occur during and for the reason transportation of this other mode of transport, the liability of the road carrier is not determined by this Convention, but in this way how the carrier of another mode of transport would be determined if the contract of carriage of the goods would be concluded by the sender with the carrier of another mode of transport in accordance with the mandatory norms of the law on the carriage of goods by this mode of transport. However, if such mandatory rules are not available, the responsibility of the road carrier is determined by this Convention.

2. If an automobile carrier also carries out transportation by other means of transport, its liability is also determined by paragraph 1 of this article, as if its function as an automobile carrier and the function of the carrier by another mode of transport were carried out by two different persons.

Chapter 2 – Responsibility of the carrier for other persons

Article 3 When applying this Convention, the carrier is responsible both for his own actions and omissions, and for the acts and omissions of his agents, his employees and all other persons to whose services he resorts for transportation, when these agents, employees or other persons act within the limits of their duties.

Chapter 3 – Conclusion and execution of the contract of carriage

Article 4 The contract of carriage is confirmed by the creation of a consignment note. The absence, incorrectness or loss of the waybill does not affect the existence or validity of the contract of carriage, to which the provisions of this Convention apply in this case.

Article 5

1. The invoice is made in triplicate, signed by the sender and the carrier. These signatures can be typed or replaced by stamps of the sender and the carrier, if this is permitted by the law of the country in which the invoice was drawn up. The first copy of the consignment note is sent to the sender, the second accompanies the cargo, and the third remains with the carrier.

2. When the cargo to be transported is to be loaded on several vehicles or is heterogeneous or divided into different lots, the sender or carrier has the right to request the drawing up of a consignment note for each used vehicle or for a load of each kind or for each consignment.

Article 6

1. The consignment note must contain the following data:

• a) the date of the invoice and the place of its creation
• b) the name and address of the sender;
• c) the name and address of the carrier
• d) the place and date of acceptance of the goods and the place to be delivered
• e) the name and address of the consignee
• f) the accepted designation of the nature of the goods and the nature of their packaging and, in the case of the transport of dangerous goods, their commonly recognized designation
• g) the number of packages, their special marking and numbering of seats
• h) the weight of the cargo is gross or expressed in other units of measurement, the amount of cargo;
• i) payments related to the carriage (freight charges, additional payments, customs duties and fees), as well as other charges collected from the time of the conclusion of the contract to delivery of the goods;
• j) the instructions required to perform customs and other formalities;
• k) the indication that the carriage is carried out independently of any reservations under the provisions of this Convention.

2. If necessary, the invoice should also contain the following data:

• a) an indication that
• b) payments that the sender is obligated to pay;
• c) the amount of payment to be paid upon delivery
• d) the declared value of the goods and the amount representing special interest in the delivery;
• e) the instructions of the sender to the carrier regarding the insurance of the goods;
• f) the agreed period of time during which the carriage is to be effected
• g) list of documents transferred to the carrier.

Article 7

1. The sender is responsible for all costs and damages incurred by the carrier due to incorrectness or insufficiency:

2.If the carrier does not have sufficient opportunity to verify the correctness of the records mentioned in subparagraph “a” of paragraph 1 of this article, he must justify all the reservations he has made concerning the external condition of the goods and their packaging. These reservations are not mandatory for the sender, unless the latter is clearly expressed did not indicate this in the consignment note.

3. The sender has the right to require the carrier to check the gross weight of the goods or their quantity expressed in other units of measurement. It may also require inspection of the contents of packages. The carrier may claim reimbursement of costs associated with the inspection. The results of the checks are entered in the invoice.

Article 9

1. The consignment note is prima facie evidence of the conclusion of the contract of carriage, the terms of this contract and the acceptance of the goods by the carrier.

2. If the consignment note does not contain special reservations by the carrier, it is assumed before the proof of the other that the goods and their packaging were outwardly in proper condition at the time the cargo was accepted by the carrier and that the number of packages, as well as their marking and numbering of seats, corresponded to the one indicated in the consignment note.

Article 10

The sender is liable to the carrier for damage caused to persons, equipment or other goods, as well as for any costs caused by defects in the packaging of the goods, except when the defect was obvious or known to the carrier at the time of acceptance cargo, and he made concerning this proper reservation.

Article 11

1. For the purposes of customs and other formalities that must be completed before the goods are delivered to the consignee, the sender must attach the necessary documents to the consignment note or place them at the disposal of the carrier and inform him of all the required information.

2. The carrier is not obliged to verify the correctness and completeness of these documents and information. The sender is liable to the carrier for damage caused by the absence, insufficiency or incorrectness of such documents and information, except for the fault of the carrier.

• • a) the data referred to in article 6, paragraph 1, subparagraphs (b), “d”, “e”, “f”, “g”, “h” and “j” ;
  • b) the data specified in article 6, paragraph 2;
  • c) all other data or instructions reported by the sender for compilation or for inclusion in the consignment note

2. If, at the request of the sender, the carrier introduces the data relating to paragraph 1 of this article into the consignment notes, it is recognized, before proving otherwise, that it was done on behalf of the sender. 3. If the consignment note does not contain the indication provided for in sub-paragraph (k) of article 6, paragraph 1, the carrier is liable for all costs and all damages that the person entitled to dispose of the goods may suffer as a result of such omission. Article 8 1. When taking the goods, the carrier must check:

• • a) the correctness of the entries made in the consignment note regarding the number of packages, as well as their marking and numbering of seats
  • b) the external condition of the goods and their packaging.

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