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United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (United Nations 1994)

Preamble

Article 1 - Definitions

Article 2 - Scope of application

Article 3 - Period of responsibility

Article 4 - Issuance of document

Article 5 - Basis of liability

Article 6 - Limits of liability

Article 7 - Application to non-contractual claims

Article 8 - Loss of right to limit liability

Article 9 - Special rules on dangerous goods

Article 10 - Rights of security in goods

Article 11 - Notice of loss, damage or delay

Article 12 - Limitation of actions

Article 13 - Contractual stipulations

Article 14 - Interpretation of the Convention

Article 15 - International transport conventions

Article 16 - Unit of account

Final Clauses

Article 17 - Depositary

Article 18 - Signature, ratification, acceptance, approval, accession

Article 19 - Application to territorial units

Article 20 - Effect of declaration

Article 21 - Reservations

Article 22 - Entry into force

Article 23 - Revision and amendment

Article 24 - Revision of limitation amounts

Article 25 - Denunciation

[Post Provisions]

[Post Clauses (If any: Signed; Witnessed; Done; Authentic Texts; & Deposited Clauses)]

Note by the Secretariat:

[Note]

A. Policies underlying the Convention

Need for mandatory liability rules

Gaps in liability regimes left by international conventions

Need for harmonization and modernization

Consequences and benefits of the Convention

B. Preparatory work

[Preparatory work]

C. Salient features of the Convention

Definitions

Period of responsibility

Issuance of document

Basis of liability

Limits of liability

Application to non-contractual claims

Loss of right to limit liability

Rights of security in goods

Limitation of actions

Final clauses

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (United Nations 1994)

United Nations (UN)

copy @ Lex Mercatoria

United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (United Nations 1994)

Article 11 - Notice of loss, damage or delay

(1) Unless notice of loss or damage, specifying the general nature of the loss or damage, is given to the operator not later than the third working day after the day when the goods were handed over by the operator to the person entitled to take delivery of them, the handing over is prima facie evidence of the handing over by the operator of the goods as described in the document issued by the operator pursuant to paragraph (1)(b) of article 4 or, if no such document was issued, in good condition.

(2) Where the loss or damage is not apparent, the provisions of paragraph (1) apply correspondingly if notice is not given to the operator within 15 consecutive days after the day when the goods reached the final recipient, but in no case later than 60`consecutive days after the day when the goods were handed over to the person entitled to take delivery of them.

(3) If the operator participated in a survey or inspection of the goods at the time when they were handed over to the person entitled to take delivery of them, notice need not be given to the operator of loss or damage ascertained during that survey or inspection.

(4) In the case of any actual or apprehended loss of or damage to the goods, the operator, the carrier and the person entitled to take delivery of the goods shall give all reasonable facilities to each other for inspecting and tallying the goods.

(5) No compensation is payable for loss resulting from delay in handing over the goods unless notice has been given to the operator within 21 consecutive days after the day when the goods were handed over to the person entitled to take delivery of them.


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