Having taken note of the above Convention and Protocol, the Council of State considered it and thinks that the subject uczynionym upon signing the Convention; declares, that the said Convention and Protocol are adopted, ratified and confirmed, and promises, that will prevail. Given in Warsaw, on 27 April r. Scope Article 1. This Convention applies to every contract for the carriage of goods by road in vehicles, irrespective of place of residence and nationality of the parties, if the place of acceptance of your shipment and the place provided for the delivery, according to their designation in the contract, are in two different countries, least one of which is a contracting country. This Convention shall be applied, where carriage coming within its scope is carried out by States or by governmental institutions or organizations. This Convention shall not apply: a to be operated on the basis of any international postal convention; b the transport delay c for furniture removal.
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Having taken note of the above Convention and Protocol, the Council of State considered it and thinks that the subject uczynionym upon signing the Convention; declares, that the said Convention and Protocol are adopted, ratified and confirmed, and promises, that will prevail.
Given in Warsaw, on 27 April r. Scope Article 1. This Convention applies to every contract for the carriage of goods by road in vehicles, irrespective of place of residence and nationality of the parties, if the place of acceptance of your shipment and the place provided for the delivery, according to their designation in the contract, are in two different countries, least one of which is a contracting country.
This Convention shall be applied, where carriage coming within its scope is carried out by States or by governmental institutions or organizations.
This Convention shall not apply: a to be operated on the basis of any international postal convention; b the transport delay c for furniture removal. The Contracting Parties agree not to introduce any amendments to this Convention by special agreements, between two or more of them, with the exception of agreements concluded in order to exclude it inapplicable to their frontier traffic or to authorize the use in transport, confined to their territories, consignment notes representing a title to the goods.
Article 2. If the vehicle containing the goods is carried over part of the journey by sea, by rail, inland waterways or air, without reloading, with the exception of the possible application of the provisions of Article 14, this Convention shall nevertheless apply to all carriage. However, in the absence of such provisions of the liability of the carrier by road shall be determined by this convention.
If the carrier by road is also a carrier other than road, his liability shall also paragraph. Chapter II. People, for which the carrier is responsible Article 3. In the application of this Convention the carrier shall, as for its own acts and omissions, for the acts and omissions of its employees and all other persons, whose services he makes use for the performance of carriage, when those employees or persons acting in execution of their duties.
Chapter III. Execution and performance of the contract of carriage Article 4. Evidence of a contract of carriage of a consignment note. Lack, irregularity or loss of the bill of lading does not affect the existence or the validity of the contract of carriage, which shall remain subject to the provisions of this Convention. Article 5. The consignment note in three original copies, signed by the sender and the carrier, These signatures may be printed or replaced by the stamps of the sender and the carrier, if permitted by the laws of the country, in which the consignment note.
The first copy handed to the sender, the second shall accompany the consignment, and the third retained by the carrier. If designed to carry goods to be loaded in different vehicles, or in terms of different types of goods or of separate parts, shipper or carrier is entitled to issue as many bills of lading, how many vehicles should be used, or if the types or batches of goods. Article 6.
The consignment note shall contain the following information: a place and date of issue; b name name and address of the sender; c name name and address of the carrier; d place and date of receipt of goods for carriage and the place of issue; and name name and address; f commonly used to determine the type of goods and the method of packing, and dangerous goods, their generally recognized description; g quantity, their marks and numbers; h The gross weight or their quantity otherwise expressed; i costs associated with transportation transportable, additional costs, customs duties and other charges incurred from the contract to the time of delivery ; j instructions needed for customs formalities and other; k statement, that the carriage, regardless of any clause, subject to the provisions of this Convention.
The parties may enter in the consignment note any other particulars, they deem necessary. Article 7. The sender is responsible for all costs and damages, sustained by the carrier as a result of inaccuracy or inadequacy of: a data listed in the article 6, paragraph 1, b , d , and , f , g , h i j ; b data listed in the article 6, paragraph 2; c any other data or instructions, given by him to enable the consignment note or to bring them to him.
If, at the request of the sender, the carrier enters in the consignment note the particulars provided for in paragraph 1 this article, adopted in the absence of proof to the contrary, that he acted on behalf of the sender.
If the consignment does not contain a statement, provided for in article 6, paragraph. Article 8. When the goods, the carrier shall check: a accuracy of the consignment note the number of packages, and their marks and numbers; b apparent condition of the goods and their packaging. If the carrier is unable to adequately verify the accuracy of the data provided in paragraph 1 a this article, entered in the bill of lading a reservation, which should be justified.
It should also substantiate any claims, which he makes with regard to the apparent condition of the goods and their packaging. Reservations shall not bind the sender, if he did not accept them clearly in the consignment. The sender is entitled to require the carrier to check the gross weight or their quantity otherwise expressed.
He may also ask to check the contents of the packages. The carrier may demand payment of the cost of checking. The checking is part of the consignment note. Article 9. In the absence of proof to the contrary waybill is evidence of the contract, terms of the agreement and receipt of goods by the carrier.
In the absence of legitimate carrier, listed in the bill of lading, there is a presumption, that the goods and their packaging were apparently in good condition at the time of acceptance by the carrier and that the quantity, their marks and numbers corresponded with the statements in the consignment. Article The sender shall be liable to the carrier for damage to, equipment or other goods, as well as costs, due to defective packing of the goods, unless the defect was apparent or known to the carrier at the time of its adoption, and the carrier has made no reservations concerning.
In order to settle customs formalities or other, to be completed before delivery of the goods, the sender shall attach to the bill of lading or the carrier to make available the necessary documents and to give him any information requested. Carrier is not obliged to check, whether such documents and information are accurate and sufficient.
The consignor shall indemnify the carrier against all damage, that may arise due to lack of, inadequacy or irregularity of such documents and information, unless there is a fault of the carrier.
Liability of the carrier for loss or misuse of the documents mentioned in the consignment and accompanying him or handed to the carrier; However, compensation, which it charged, can not exceed compensation, that payable in the event of loss of the goods. The sender has the right to dispose of the goods, in particular by asking the carrier to stop the carriage, changes in the place designated for delivery of the goods or to deliver him to customers other than indicated in the consignment.
That right expires upon, when a second copy of the bill of lading was delivered to the consignee or when he exercises his right under article 13, paragraph 1; from that time onwards the carrier shall obey the orders recipient. The right to dispose belongs to the recipient from the time the consignment note, if the sender makes an entry to that effect in the consignment.
If the recipient, exercising his right to dispose of, ordered the delivery of the consignment to another person, the latter may designate other recipients. Exercise of right of disposal shall be subject to the following conditions: a the sender or in the case provided for in paragraph 3 of this article, who wishes to exercise that right, the first copy of the bill of lading, which should be included in new instructions to the carrier, , and indemnify the carrier against all expenses and losses, involved with the execution of these instructions; b exercise of this right should be made at the time, when the instructions reach the person, which should be done, and should not interfere with the normal working of the carriers or prejudice the senders or consignees of other consignments; c the instructions do not cause the division of the consignment.
If, by the provisions of paragraph 5 b this article, the carrier can not carry out the instructions, he shall immediately notify the person, from which such instructions.
Carrier, who will not make the instructions given under the conditions provided for in this article or who shall comply with such instruction has requested that the first copy of the bill of lading, liable to the person entitled for any resultant damage. After the arrival of goods at the place designated for delivery, the recipient is entitled to require the carrier to deliver the second copy of the receipt of the consignment note and the goods.
If the loss of the goods or where goods have not arrived after the deadline provided for in article 19, the recipient may assert in its own name against the carrier any rights arising under the contract of carriage. Recipient, who enjoy the rights, granted to him under paragraph 1 this article, shall pay the amount due on the consignment note.
In case of dispute on this matter, the carrier must deliver the goods only, the recipient shall provide him security. If for any reason carry out the contract under the terms of the consignment is or becomes impossible before the arrival of goods at the place designated for delivery, the carrier shall ask for instructions from the person entitled to dispose of, pursuant to Rule However, if the circumstances are such that the carriage on terms different from those provided for in the bill of lading, and if the carrier fails to obtain in a sufficiently short time instructions from the person entitled to dispose of in accordance with Article 12, he shall take such, they seem to him to be in the best interest of the person entitled to dispose of.
If, after the arrival of the goods to the destination circumstances prevent its release, the carrier shall ask for instructions from the sender. If the consignee refuses the goods, consignor has the right to dispose of them without having to present the first copy of the bill of lading.
Recipient, even if he has refused to accept the goods, may always require delivery, until the carrier has not received contrary instructions from the sender. When circumstances preventing delivery of the goods arise after the, as recipient, Acting in accordance with the law, which he is entitled under Article 12, paragraph 3, he gave an order for goods to another person, then applying the provisions of the foregoing paragraphs 1 i 2, consignee were the sender and that other person were the consignee.
The carrier is entitled to reimbursement of costs incurred in requesting his instructions or their implementation, provided that such expenses were caused by client. In the cases provided for in Article 14, paragraph 1 and in the article 15 the carrier may immediately unload the goods for the account of a person authorized; them and thereupon the carriage shall be considered satisfied.
The carrier shall then assume custody of the goods. However, it may entrust a third party and then is responsible only for reasonable choice of the person. Goods to pay debts, under the consignment note and all other expenses. The carrier may sell the goods, without awaiting instructions from the person entitled, if the excuse is perishable or their condition warrants, or if the costs of storing the goods are disproportionately high in relation to its value. In other cases it may also proceed to the sale, if not received in due time to the person entitled instructions to the contrary, performance of which may reasonably be required.
If the goods have been sold pursuant to this article, the proceeds of sale should be placed at the disposal of the person entitled, any costs imposed on the goods. If these charges exceed the proceeds from the sale of, carrier is entitled to the difference. The procedure in case of sale shall be determined by law or custom of the place, where the goods are situated. Chapter IV.
The liability of the carrier Article The carrier is responsible for total or partial loss of goods and for damage thereto, which occurred between the time of acceptance of the goods and its release, as well as for delay in delivery. The carrier shall be relieved of liability, the loss, damage or delay was caused by the fault of the person authorized, its mandate is not under control of the carrier, disadvantage of their own goods or the circumstances, which the carrier could not avoid and the consequences of which could not prevent.
The carrier may not relieved of liability by reason of the defective vehicle, he speaks for the performance of the carriage, neither the fault of the person or staff person, in which the vehicle rented. Where, under this Article, the carrier is not responsible for some of the factors, which caused the damage, its responsibility is engaged only in this area, what factors, for which he is responsible under this article, contributed to the injury.
Proof, that loss, damage or delay was due to one of the reasons provided for in Article 17, paragraph 2, lie on the carrier. When the carrier establishes, that due to the facts, loss or damage could result from one or more of the grounds specified in Article 17, paragraph 4, there is a presumption, that it was so clear. The person entitled may, however, carry proof of, that the damage was not caused wholly or partly to one of these causes.
This presumption shall not apply in the case provided for in article 17, paragraph. If carriage is performed in a vehicle, specially equipped to protect the goods from the heat, cold, changes in temperature or humidity, carrier may invoke the blessings of the article 17, paragraph 4, d only, he proves, that all steps incumbent on him in the circumstances with respect to the choice, maintenance and use of such devices and that it complied with any special instructions, issued to him.
The carrier may claim the benefit of article 17, paragraph 4, f only, he proves, that all steps incumbent on him in the circumstances and that he complied with any special instructions, issued to him. Delay in delivery occurs, when the goods were not delivered on time or, failing an agreed time, the actual duration of the transport, Having regard to the circumstances, especially for consignments of small time required for completing a full load under normal conditions over time, would be reasonable to allow a diligent carrier.
The person entitled may, without further evidence, consider the goods as lost, if it is not released within thirty days after the expiry of the agreed deadline, and if the term is not agreed, within sixty days after receipt by the carrier. A person entitled, receipt of compensation for the missing goods, may request in writing, that the goods be recovered within one year after the payment of compensation he shall be notified immediately.
It is acknowledgment of such request in writing. Within thirty days after receipt of this notification, the person entitled may require, that the goods have been delivered for payment of debts arising from the bill of lading and returning the resulting damages, after deducting any expenses, that would be covered by the compensation, subject to any rights of compensation for delay in delivery, provided for in article 23 and possibly in the article Absence of the request, provided in paragraph 2, or of any instructions given within the prescribed in paragraph 3 within thirty days or if the goods are not recovered until more than one year after the payment of compensation, the carrier shall be subject to the provisions of the place, where the goods.
If the goods have been delivered to the consignee without collecting credit, which should have been collected under the provisions of the contract of carriage, the carrier must pay the sender for compensation to the amount of credit, preserving the right of recourse to the recipient. When the sender hands carrier carrying dangerous goods, it should describe, the danger, and indicate if necessary, what precautions should be taken.
If this information has not been placed on the consignment, the sender or the recipient should carry out some other means, knew that the carrier, the danger of the carriage of these goods. Dangerous goods, carrier would not be known as such, in terms of paragraph 1 this article, may be at any time or place, be unloaded, destroyed or rendered harmless by the carrier without compensation; the sender shall be responsible for all costs and damages arising out of their handing over for carriage or of their carriage.
If, under the provisions of this Convention the carrier shall pay compensation for total or partial loss of goods, compensation shall be calculated according to the value of the goods at the place and period accepted for carriage. The value of the goods is determined by the market price or in the absence thereof at the current market price, and in the absence of one or other — according to the normal value of goods of the same kind and quality. Compensation shall not exceed 8,33 unit of account for 1 kilogram of gross weight.
Klauzula art. 24 CMR w OCP. Przydaje się przy transporcie kosztownych towarów
In legal proceedings arising out of carriage under this Convention, the plaintiff may bring an action in any court or tribunal of a contracting country designated by agreement between the parties and, in addition, in the courts or tribunals of a country within whose territory: a The defendant is ordinarily resident, or has his principal place of business, or the branch or agency through which the contract of carriage was made, or b The place where the goods were taken over by the carrier or the place designated for delivery is situated. Where in respect of a claim referred to in paragraph 1 of this article an action is pending before a court or tribunal competent under that paragraph, or where in respect of such a claim a judgement has been entered by such a court or tribunal no new action shall be started between the same parties on the same grounds unless the judgement of the court or tribunal before which the first action was brought is not enforceable in the country in which the fresh proceedings are brought. When a judgement entered by a court or tribunal of a contracting country in any such action as is referred to in paragraph 1 of this article has become enforceable in that country, it shall also become enforceable in each of the other contracting States, as soon as the formalities required in the country concerned have been complied with. These formalities shall not permit the merits of the case to be re-opened.