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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)

[Note]

C. Salient features of the Convention

Period of responsibility

24 . The operator's responsibility for goods begins when the operator has taken them in charge, and ends when the operator has handed them over to, or has placed them at the disposal of, the person entitled to take delivery of them (article 3). The concept of "taking goods in charge" should be seen in the light of the types of services that an operator might perform and in the light of the fact that an operator may perform the services while another person, usually a carrier, is responsible for the goods. When the operator takes goods over in order to put them in a warehouse, he would be in charge of the goods from the time he has custody of or control over the goods. When, however, the operator commences to handle goods by performing services such as loading, unloading, stowage, trimming, dunnaging or lashing, the operator's services may be performed while the goods are "in charge" of the carrier. During the performance of these services, the operator may not be considered to have assumed the custody of or full control over the goods. Being "in charge" of the goods in these cases may be considered to commence when the operator comes in physical contact with the goods.

25 . Similarly, the meaning of the concept of "handing goods over or placing them at the disposal of the person entitled to take delivery of them" depends on the circumstances of the case. If "handing over" is done by releasing goods from the operator's warehouse and putting them in the custody of the carrier or the consignee, the relevant moment would be the one when the operator relinquishes his custody of or control over the goods. If the operator's services were limited, for example, to stowage, trimming, dunnaging or lashing, which are often performed while the goods are in the charge of the carrier, the operator's period of responsibility would end when the operator completes his manipulation of the goods.

26 . The purpose of the concept of placing goods "at the disposal of the person entitled to take delivery of them" is to allow the operator to terminate his responsibility under the Convention when he has fulfilled all of his obligations even if the person entitled to take delivery of the goods fails to take them over. For the responsibility under the Convention to be terminated, the placing of goods at the disposal of the entitled person must be done in accordance with the contract and the usages applicable to the situation.


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