Einde inhoudsopgave
Budapest Convention on the Contract for the carriage of goods by inland waterway (CMNI)
Article 3 Taking over, carriage and delivery of the goods
Geldend
Geldend vanaf 01-04-2005
- Bronpublicatie:
22-06-2001, Trb. 2001, 124 (uitgifte: 26-07-2001, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-04-2005
- Bronpublicatie inwerkingtreding:
11-08-2006, Trb. 2006, 176 (uitgifte: 01-01-2006, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Vrij verkeer
Vervoersrecht / Binnenvaart
1.
The carrier shall carry the goods to the place of delivery within the specified time and deliver them to the consignee in the condition in which they were handed over to him.
2.
Unless otherwise agreed, the taking over and delivery of the goods shall take place on board the vessel.
3.
The carrier shall decide which vessel is to be used. He shall be bound, before and at the beginning of the voyage, to exercise due diligence to ensure that, taking into account the goods to be carried, the vessel is in a state to receive the cargo, is seaworthy and is manned and equipped as prescribed by the regulations in force and is furnished with the necessary national and international authorizations for the carriage of the goods in question.
4.
Where it has been agreed that the carriage shall be performed by a specific vessel or type of vessel, the carrier shall be entitled to load or transship the goods in whole or in part on to another vessel or on to another type of vessel without the consent of the shipper, only:
- a)
in circumstances, such as low water or collision or any other obstacle to navigation, which were unforeseeable at the time when the contract of carriage was concluded and in which the loading or transshipment of the goods is necessary in order to perform the contract of carriage, and when the carrier is unable to obtain within an appropriate period of time instructions from the shipper, or
- b)
when it is in accordance with the practice prevailing in the port where the vessel is located.
5.
Except as provided by the obligations incumbent on the shipper, the carrier shall ensure that the loading, stowage and securing of the goods do not affect the safety of the vessel.
6.
The carrier is entitled to carry the goods on deck or in open vessels only if it has been agreed with the shipper or if it is in accordance with the usage of the particular trade or is required by the statutory regulations.