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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 5 - Basis of liability

(1) The operator is liable for loss resulting from loss of or damage to the goods, as well as from delay in handing over the goods, if the occurrence which caused the loss, damage or delay took place during the period of the operator's responsibility for the goods as defined in article`3, unless he proves that he, his servants or agents or other persons of whose services the operator makes use for the performance of the transport-related services took all measures that could reasonably be required to avoid the occurrence and its consequences.

(2) Where a failure on the part of the operator, his servants or agents or other persons of whose services the operator makes use for the performance of the transport-related services to take the measures referred to in paragraph`(1) combines with another cause to produce loss, damage or delay, the operator is liable only to the extent that the loss resulting from such loss, damage or delay is attributable to that failure, provided that the operator proves the amount of the loss not attributable thereto.

(3) Delay in handing over the goods occurs when the operator fails to hand them over to or place them at the disposal of a person entitled to take delivery of them within the time expressly agreed upon or, in the absence of such agreement, within a reasonable time after receiving a request for the goods by such person.

(4) If the operator fails to hand over the goods to or place them at the disposal of a person entitled to take delivery of them within a period of 30`consecutive days after the date expressly agreed upon or, in the absence of such agreement, within a period of 30 consecutive days after receiving a request for the goods by such person, a person entitled to make a claim for the loss of the goods may treat them as lost.


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