International standards: Convention on the Contract for the International Carriage of Goods
(As amended on July 5, 1978).
The Contracting Parties, recognizing the desirability of introducing uniformity in the terms of the contract for the international carriage of goods by road and in particular the conditions relating to the documents required for such transport and the carrier’s liability, Have agreed as follows:
Chapter I. SCOPE OF APPLICATION OF THE CONVENTION
1. This Convention applies to any contract for the carriage of goods by road for remuneration by means of means of transport, where the place of loading of the goods and the place of delivery of the goods specified in the contract are located in the territory of two different countries, of which at least one is a party to the Convention. The application of the Convention does not depend on the residence and nationality of the parties to the agreement.
2. In the application of this Convention, a “vehicle” means cars, semi-trailers, trailers and semi-trailers as defined in article 4 of the Convention on Road Traffic of 19 September 1949.
3. This Convention shall also apply if the transportations falling within its scope are made by States or governmental agencies or organizations.
4. This Convention does not apply:
• a) for transport operations carried out in accordance with international postal conventions;
• b) transport of dead persons;
• c) for transportation of furniture and furniture during the journeys.
5. Contracting Parties shall prohibit the amendment of this Convention through private agreements concluded between two or more Contracting Parties, with the exception of the cancellation of its application to their border traffic or the authorization to use consignment notes establishing the ownership of goods .
1. If the vehicle containing the goods is transported by sea, rail, inland waterway or by air transport without transhipment on part of the carriage, except for the case provided for in Article 14, this Convention applies to the entire carriage as a whole. However, if it is proved that the loss of the cargo, its damage or the delay in delivery occurred during transportation carried out by one of the modes of transport other than road, and were not caused by the action or omission of the road carrier, but were caused by a fact that could only occur during and due to transportation not carried out by road, the responsibility of the road carrier is not determined by this Convention, but by those provisions that would determine the liability of any non-road carrier when concluding enii between it and the sender of the contract for shipping in accordance with the mandatory provisions of the law relating to the carriage of goods by any mode of transport other than road. Nevertheless, in the absence of such provisions, the responsibility of the road carrier is determined by this Convention.
2. In the event that the carrier producing road transport simultaneously performs transportation and other modes of transport, its liability is also determined by paragraph 1, as if its functions as a road carrier and the function of a carrier doing transport by a non-road type of transport would be carried out by two different persons.
Chapter II. PERSONS FOR WHICH THE CARRIER IS RESPONSIBLE
In the application of this Convention, the carrier is liable both for his own acts and omissions, and for the acts and omissions of his agents and all other persons to whose services he resorts to carry out transportation when these agents or persons act within the framework of their duties.
Chapter III. CONCLUSION AND IMPLEMENTATION OF THE CONTRACT OF CARRIAGE
The contract of carriage is established by waybill. The absence, incorrectness or loss of the waybill does not affect the existence or the validity of the contract of carriage, to which the provisions of this Convention apply in this case.
1. The consignment note shall be drawn up in three originals signed by the sender and the carrier, these signatures may be printed or replaced by stamps of the sender and the carrier, if this is permitted by the law of the country in which the consignment note was prepared. 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. In the event that the cargo to be shipped has to be loaded onto various vehicles or when it comes to different types of consignments or different consignments of goods, the sender or carrier has the right to demand that the number of consignment notes that corresponds to the number of used vehicles or the number of subjects to be drawn up transportation of different goods or consignments.
1. The consignment note shall contain the following information:
• a) the place and date of its compilation;
B) the name and address of the sender;
• c) the name and address of the transport agent;
D) the place and date of acceptance of the goods for carriage and the place of their delivery;
• e) the recipient’s name and address;