Budapest Convention on the Contract for the carriage of goods by inland waterway (CMNI):Article 11 Nature and content

Budapest Convention on the Contract for the carriage of goods by inland waterway (CMNI)

Article 11 Nature and content

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

1.

For each carriage of goods governed by this Convention the carrier shall issue a transport document; he shall issue a bill of lading only if the shipper so requests and if it has been so agreed before the goods were loaded or before they were taken over for carriage. The lack of a transport document or the fact that it is incomplete shall not affect the validity of the contract of carriage.

2.

The original of the transport document must be signed by the carrier, the master of the vessel or a person authorized by the carrier. The carrier may require the shipper to countersign the original or a copy. The signature may be in handwriting, printed in facsimile, perforated, stamped, in symbols or made by any other mechanical or electronic means, if this is not prohibited by the law of the State where the transport document was issued.

3.

The transport document shall be prima facie evidence, save proof to the contrary, of the conclusion and content of the contract of carriage and of the taking over of the goods by the carrier. In particular, it shall provide a basis for the presumption that the goods have been taken over for carriage as they are described in the transport document.

4.

When the transport document is a bill of lading, it alone shall determine the relations between the carrier and the consignee. The conditions of the contract of carriage shall continue to determine the relations between carrier and shipper.

5.

The transport document, in addition to its denomination, contains the following particulars:

a)

the name, domicile, registered office or place of residence of the carrier and of the shipper;

b)

the consignee of the goods;

c)

the name or number of the vessel, where the goods have been taken on board, or particulars in the transport document stating that the goods have been taken over by the carrier but not yet loaded on the vessel;

d)

the port of loading or the place where the goods were taken over and the port of discharge or the place of delivery;

e)

the usual name of the type of goods and their method of packaging and, for dangerous or polluting goods, their name according to the requirements in force or, if there is no such name, their general name;

f)

the dimensions, number or weight as well as the identification marks of the goods taken on board or taken over for the purpose of carriage;

g)

the statement, if applicable, that the goods shall or may be carried on deck or on board open vessels;

h)

the agreed provisions concerning freight;

i)

in the case of a consignment note, the specification as to whether it is an original or a copy; in the case of a bill of lading, the number of originals;

j)

the place and date of issue.

The legal character of a transport document in the sense of article 1, paragraph 6, of this Convention is not affected by the absence of one or more of the particulars referred to in this paragraph.

Deze functie is alleen te gebruiken als je bent ingelogd.