401

• 1. Subject to the following provisions of this Act, the provisions of the Convention on the Contract for the International Carriage of Goods by Road (in this Act referred to as “the Convention”), as set out in the Schedule to this Act, shall have the force of law in the United Kingdom so far as they relate to the rights and liabilities of persons concerned in the carriage of goods by road under a contract to which the Convention applies.

402

• 2.
  • (1) Her Majesty may by Order in Council from time to time certify who are the High Contracting Parties to the Convention and in respect of what territories they are respectively parties.
  • (2) An Order in Council under this section shall, except so far as it has been superseded by a subsequent Order, be conclusive evidence of the matters so certified.

403

• 3.
  • (1) A court before which proceedings are brought to enforce a liability which is limited by article 23 in the Schedule to this Act may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the said article 23 and of any other proceedings which have been, or are likely to be, commenced in the United Kingdom or elsewhere to enforce the liability in whole or in part.
  • (2) Without prejudice to the preceding subsection, a court before which proceedings are brought to enforce a liability which is limited by the said article 23 shall, where the liability is, or may be, partly enforceable in other proceedings in the United Kingdom or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.

404

• 4.
  • (1) Subject to the next following subsection, Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (in this section referred to as ‘the Act of 1933’) shall apply, whether or not it would otherwise have so applied, to any judgment which:
    • (a) has been given in any such action as is referred to in paragraph 1 of article 31 in the Schedule to this Act, and
    • (b) has been so given by any court or tribunal of a territory in respect of which one of the High Contracting Parties, other than the United Kingdom, is a party to the Convention, and
    • (c) has become enforceable in that territory.
  • (2)In the application of Part I of the Act of 1933 in relation to any such judgment as is referred to in the preceding subsection, section 4 of that Act shall have effect with the omission of subsections (2) and (3).
  • (3) The registration, in accordance with Part I of the Act of 1933, of any such judgment as is referred to in subsection (1) of this section shall constitute, in relation to that judgment, compliance with the formalities for the purposes of paragraph 3 of article 31 in the Schedule to this Act.

405

• 5.
  • (1) Where a carrier under a contract to which the Convention applies is liable in respect of any loss or damage for which compensation is payable under the Convention, nothing in section 6(1)(c) of the Law Reform (Married Women and Tortfeasors) Act 1935, section 16(1)(c) of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937, or section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 shall confer on him any right to recover contribution in respect of that loss or damage from any other carrier who, in accordance with article 34 in the Schedule to this Act, is a party to the contract of carriage.
  • (2) The preceding subsection shall be without prejudice to the operation of article 37 in the Schedule to this Act.

406

• 6. Every High Contracting Party to the Convention shall, for the purposes of any proceedings brought in a court in the United Kingdom in accordance with the provisions of article 31 in the Schedule to this Act to enforce a claim in respect of carriage undertaken by that Party, be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which any such action is to be commenced and carried on; but nothing in this section shall authorise the issue of execution, or in Scotland the execution of diligence, against the property of any High Contracting Party.

407

• 7.
  • (1) Any reference in the preceding provision of this Act to a court includes a reference to an arbitration tribunal acting by virtue of article 33 in the Schedule to this Act.
  • (2) For the purposes of article 32 in the Schedule to this Act, as it has effect (by virtue of the said article 33) in relation to arbitrations,
    • (a) as respects England and Wales, subsections (3) to (5) of section 27 of the Limitation Act 1939 (which determine the time at which an arbitration is deemed to be commenced) shall apply;
    • (b) as respects Northern Ireland, subsections (2) to (4) of section 72 of the Statute of Limitations (Northern Ireland) 1958 (which make similar provision) shall apply; and
    • (c) as respects Scotland, an arbitration shall be deemed to be commenced when one party to the arbitration serves on the other party or parties a notice requiring him or them to appoint an arbiter or to agree to the appointment of an arbiter or, where the arbitration agreement provides that the reference shall be to a person named or designated in the agreements, requiring him or them to submit the dispute to the person so named or designated.

408

• 8.
  • (1) If it appears to Her Majesty in Council that there is any conflict between the provisions of this Act (including the provisions of the Convention as set out in the Schedule to this Act) and any provisions relating to the carriage of goods for reward by land, sea or air contained in:
    • (a) any other Convention which has been signed or ratified by or on behalf of Her Majesty’s Government in the United Kingdom before the passing of this Act, or
    • (b) any enactment of the Parliament of the United Kingdom giving effect to such a Convention, Her Majesty may by Order in Council make such provision as may seem to Her to be appropriate for resolving that conflict by amending or modifying this Act or any such enactment.
  • (2) Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

409

• 9. Her Majesty may by Order in Council direct that this Act shall extend, subject to such exceptions, adaptations and modifications as may be specified in the Order, to:
  • (a) the Isle of Man;
  • (b) any of the Channel Islands;
  • (c) any colony;
  • (d) any state or territory which is for the time being a protectorate or protected state for the purposes of the British Nationality Act 1948.

410

• 10. In its application to Scotland, the Schedule to this Act shall have effect as if:
  • (a) any reference therein to a plaintiff included a reference to a pursuer;
  • (b) any reference therein to a defendant included a reference to a defender; and
  • (c) any reference to security for cost included a reference to caution for expenses.

411

• 11.
  • (1) In the application of this Act to Northern Ireland, any reference to an enactment of the Parliament of Northern Ireland shall be construed as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modification.
  • (2) In the application of section 4 of this Act to Northern Ireland, any reference to the Foreign Judgments (Reciprocal Enforcement) Act 1933 is a reference to that Act as it applies in Northern Ireland.
  • (3) For the purposes of section 6 of the Government of Ireland Act 1920, this Act shall, so far as it relates to matters within the powers of the Parliament of Northern Ireland, be deemed to be an Act passed before the appointed day within the meaning of that section.

412

• 12. An Order in Council made under any of the preceding provisions of this Act may contain such transitional and supplementary provisions as appear to Her Majesty to be expedient and may be varied or revoked by a subsequent Order in Council made under that provision.

413

• 13. This Act shall bind the Crown.

414

• 14.
  • (1) This Act may be cited as the Carriage of Goods by Road Act 1965.
  • (2) The persons who, for the purposes of this Act, are persons concerned in the carriage of goods by road under a contract to which the Convention applies are:
    • (a) the sender,
    • (b) the consignee,
    • (c) any carrier who, in accordance with article 34 in the Schedule to this Act or otherwise, is a party to the contract of carriage,
    • (d) any person for whom such a carrier is responsible by virtue of article 3 in the Schedule to this Act,
    • (e) any person to whom the rights and liabilities of any of the persons referred to in paragraphs (a) to (d) of this subsection have passed (whether by assignment or assignation or by operation or law).
  • (3) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment.
  • (4) This Act shall come into operation on such day as Her Majesty may by Order in Council appoint; but nothing in this Act shall apply in relation to any contract for the carriage of goods by road made before the day so appointed.

421

Article 11

• 1. This Convention shall apply to every contract for the carriage2 of goods3 by road4 in vehicles5 for reward,6 when the place of taking over7 of the goods and the place designated for delivery,8 as specified in the contract, are situated in two different countries,9 of which at least one is a contracting country,10 irrespective of the place of residence and the nationality of the parties.
• 2. For the purpose of this Convention “vehicles” means motor vehicles, articulated vehicles, trailers and semi trailers as defined in article 4 of the Convention on Road Traffic dated 19th September 1949.11
• 3. This Convention shall also apply where carriage coming within its scope is carried out by States or by government institutions or organizations.
• 4. This Convention shall not apply:
  • (a) to carriage performed under the terms of any postal convention;
  • (b) to funeral consignments12;
  • (c) to furniture removal.13
• 5. The Contracting Parties agree not to vary the provisions of this Convention by special agreements between two or more of them, except to make it inapplicable to their frontier traffic or to authorize the use in transport operations entirely confined to their territory of consignment notes representing a title to the goods.

422

Article 214

• 1. Where the vehicle containing the goods is carried over part of the journey by sea, rail, inland waterways or air, and, except where the provisions of article 14 are applicable,15 the goods are not unloaded from the vehicle,16 this Convention shall nevertheless apply to the whole of the carriage. Provided that to the extent that it is proved17 that any loss, damage or delay in delivery of the goods which occurs during the carriage by the other means of transport18 was not caused by an act or omission of the carrier by road,19 but by some event which could only have occurred in the course of and by reason of the carriage by that other means of transport,20 the liability of the carrier shall be determined not by this Convention but in the manner in which the liability of the carrier by the other means of transport would have been determined if a contract for the carriage of the goods alone had been made by the sender with the carrier by the other means of transport in accordance with the conditions prescribed by law21 for the carriage of goods by that means of transport. If, however, there are no such prescribed conditions, the liability of the carrier by road shall be determined by this Convention.
• 2. If the carrier by road is also himself the carrier by the other means of transport, his liability shall also be determined in accordance with the provisions of paragraph 1 of this article, but as if, in his capacities as carrier by road and as carrier by the other means of transport, he were two separate persons.

423

Article 322

424

Article 4

425

Article 5

• 1. The consignment note shall be made out in three original copies signed by the sender and by the carrier. These signatures may be printed or replaced by the stamps of the sender and the carrier if the law of the country in which the consignment note has been made out so permits.25 The first copy shall be handed to the sender,26 the second shall accompany the goods27 and the third shall be retained by the carrier.28
• 2. When the goods which are to be carried have to be loaded in different vehicles, or are of different kinds or are divided into different lots, the sender or the carrier shall have the right to require a separate consignment note to be made out for each vehicle used, or for each kind or lot of goods.

426

Article 629

• 1. The consignment note shall contain30 the following particulars:
  • (a) the date of the consignment note and the place at which it is made out;
  • (b) the name and address of the sender;
  • (c) the name and address of the carrier;
  • (d) the place and the date of taking over of the goods and the place designated for delivery;
  • (e) the name and address of the consignee;
  • (f) the description in common use of the nature of the goods31; and the method of packing, and, in the case of dangerous goods,32 their generally recognised description;
  • (g) the number of packages and their special marks and numbers33;
  • (h) the gross weight of the goods or their quantity otherwise expressed34;
  • (i) charges relating to the carriage (carriage charges, supplementary charges, customs duties, and other charges incurred from making of the contract to the time of delivery);
  • (j) the requisite instructions for Customs and other formalities35;
  • (k) a statement that the carriage is subject, notwithstanding any clause to the contrary, to the provisions of this Convention.36
• 2. Where applicable, the consignment note shall also contain the following particulars37:
  • (a) a statement that transhipment is not allowed38;
  • (b) the charges which the sender undertakes to pay;
  • (c) the amount of “cash on delivery” charges39;
  • (d) a declaration of the value of the goods and the amount representing special interest in delivery40;
  • (e) the sender’s instructions to the carrier regarding insurance of the goods;
  • (f) the agreed time-limit within which the carriage is to be carried out41;
  • (g) a list of the documents handed to the carrier.42
• 3. The parties may enter in the consignment note any other particulars which they may deem useful.

427

Article 7

• 1. The sender shall be responsible43 for all expenses, loss and damage sustained by the carrier by reason of the inaccuracy or inadequacy of:
  • (a) the particulars specified in article 6, paragraph 1, (b), (d), (e), (f), (g), (h) and (j);
  • (b) the particulars specified in article 6, paragraph 2;
  • (c) any other particulars or instructions given by him to enable the consignment note to be made out or for the purpose of their being entered therein.
• 2. If, at the request of the sender, the carrier enters in the consignment note the particulars referred to in paragraph 1 of this article, he shall be deemed, unless the contrary is proved, to have done so on behalf of the sender.
• 3. If the consignment note does not contain the statement specified in article 6, paragraph 1(k), the carrier shall be liable for all expenses, loss and damage sustained through such omission by the person entitled to dispose of the goods.44

428

Article 845

• 1. On taking over the goods,46 the carrier shall check47:
  • (a) the accuracy of the statements in the consignment note as to the number of packages and their marks and numbers, and
  • (b) the apparent condition of the goods48 and their packaging.
• 2. Where the carrier has no reasonable means of checking the accuracy of the statements referred to in paragraph 1(a) of this article, he shall enter his reservations in the consignment note together with the grounds on which they are based. He shall likewise specify the grounds for any reservations which he makes with regard to the apparent condition of the goods and their packaging.49 Such reservations shall not bind the sender unless he has expressly agreed to be bound by them in the consignment note.
• 3. The sender shall be entitled to require the carrier to check the gross weight of the goods or their quantity otherwise expressed. He may also require the contents of the packages to be checked. The carrier shall be entitled to claim the cost of such checking. The result of the checks shall be entered in the consignment note.50

429

Article 951

• 1. The consignment note shall be prima facie evidence of the making of the contract of carriage, the conditions of the contract and the receipt of the goods by the carrier.
• 2. If the consignment note contains no specific reservations by the carrier, it shall be presumed, unless the contrary is proved, that the goods and their packaging appeared to be in good condition when the carrier took them over and that the number of packages, their marks and numbers corresponded with the statements in the consignment note.

430

Article 10

431

Article 11

• 1. For the purposes of the Customs or other formalities which have to be completed before delivery of the goods, the sender shall attach the necessary documents to the consignment note56 or place them at the disposal of the carrier and shall furnish him with all the information which he requires.
• 2. The carrier shall not be under any duty to enquire into either the accuracy or the adequacy of such documents and information.57 The sender shall be liable to the carrier for any damage caused by the absence, inadequacy or irregularity of such documents and information, except in the case of some wrongful act or neglect on the part of the carrier.
• 3. The liability of the carrier for the consequences arising from the loss or incorrect use of the documents specified in and accompanying the consignment note or deposited with the carrier shall be that of an agent,58 provided that the compensation payable by the carrier shall not exceed that payable in the event of loss of the goods.59

432

Article 1260

• 1. The sender has the right to dispose of the goods,61 in particular by asking the carrier to stop the goods in transit, to change the place at which delivery is to take place or to deliver the goods to a consignee other than the consignee indicated in the consignment note.
• 2. This right shall cease to exist when the second copy of the consignment note is handed to the consignee or when the consignee exercises his right under article 13, paragraph 1; from that time onwards the carrier shall obey the orders of the consignee.
• 3. The consignee shall, however, have the right of disposal from the time when the consignment note is drawn up, if the sender makes an entry to that effect in the consignment note.
• 4. If in exercising his right of disposal the consignee has ordered the delivery of the goods to another person, that other person shall not be entitled to name other consignees.
• 5. The exercise of the right of disposal shall be subject to the following conditions:
  • (a) that the sender or, in the case referred to in paragraph 3 of this article, the consignee who wishes to exercise the right produces the first copy of the consignment note62 on which the new instructions to the carrier have been entered and indemnifies the carrier against all expenses, loss and damage involved in carrying out such instructions;
  • (b) that the carrying out of such instructions is possible at the time when the instructions reach the person who is to carry them out and does not either interfere with the normal working of the carrier’s undertaking or prejudice the senders or consignees of other consignments;
  • (c) that the instructions do not result in a division of the consignment.
• 6. When, by reason of the provisions of paragraph 5(b) of this article, the carrier cannot carry out the instructions which he receives, he shall immediately notify the person who gave him such instructions.
• 7. A carrier who has not carried out the instructions given under the conditions provided for in this article, or who has carried them out without requiring the first copy of the consignment note to be produced, shall be liable63 to the person entitled to make a claim for any loss or damage caused thereby.

433

Article 13

• 1. After arrival of the goods at the place designated for delivery, the consignee shall be entitled to require the carrier to deliver to him,64 against a receipt, the second copy of the consignment note65 and the goods. If the loss of the goods is established or if the goods have not arrived after the expiry of the period provided for in article 19, the consignee shall be entitled to enforce in his own name against the carrier any rights arising from the contract of carriage.66
• 2. The consignee who avails himself of the rights granted to him under paragraph 1 of this article shall pay the charges shown to be due on the consignment note,67 but in the event of dispute on this matter the carrier shall not be required to deliver the goods unless security has been furnished by the consignee.

434

Article 14

• 1. If for any reason it is or becomes impossible68 to carry out the contract69 in accordance with the terms laid down in the consignment note before the goods reach the place designated for delivery, the carrier shall ask for instructions70 from the person entitled to dispose of the goods in accordance with the provisions of article 12.4.
• 2. Nevertheless, if circumstances are such as to allow the carriage to be carried out under conditions differing from those laid down in the consignment note and if the carrier has been unable to obtain instructions in reasonable time from the person entitled to dispose of the goods in accordance with the provisions of article 12, he shall take such steps as seem to him to be in the best interests of the person entitled to dispose of the goods.

435

Article 15

• 1. Where circumstances prevent delivery71 of the goods after their arrival at the place designated for delivery,72 the carrier shall ask the sender for his instructions.73 If the consignee refuses the goods the sender shall be entitled to dispose of them without being obliged to produce the first copy of the consignment note.
• 2. Even if he has refused the goods, the consignee may nevertheless require delivery so long as the carrier has not received instructions to the contrary from the sender.74
• 3. When circumstances preventing delivery of the goods arise after the consignee, in exercise of his rights under article 12, paragraph 3, has given an order for the goods to be delivered to another person, paragraphs 1 and 2 of this article shall apply as if the consignee were the sender and that other person were the consignee.

436

Article 16

• 1. The carrier shall be entitled to recover the cost of his request for instructions and any expenses entailed in carrying out such instructions,75 unless such expenses were caused by the wrongful act or neglect of the carrier.
• 2. In the cases referred to in article 14, paragraph 1, and in article 15, the carrier may immediately unload the goods76 for account of the person entitled to dispose of them and thereupon the carriage shall be deemed to be at an end.77 The carrier shall then hold the goods on behalf of the person so entitled.78 He may however entrust them to a third party, and in that case he shall not be under any liability except for the exercise of reasonable care in the choice of such third party. The charges due under the consignment note and all other expenses shall remain chargeable against the goods.
• 3. The carrier may sell the goods, without awaiting instructions79 from the person entitled to dispose of them, if the goods are perishable or their condition warrants such a course, or when the storage expenses would be out of proportion to the value of the goods. He may also proceed to the sale of the goods in other cases if after the expiry of a reasonable period he has not received from the person entitled to dispose of the goods instructions to the contrary which he may reasonably be required to carry out.80
• 4. If the goods have been sold pursuant to this article, the proceeds of sale, after deduction of the expenses chargeable against the goods, shall be placed at the disposal of the person entitled to dispose of the goods. If these charges exceed the proceeds of sale, the carrier shall be entitled to the difference.
• 5. The procedure in the case of sale shall be determined by the law or custom of the place where the goods are situated.

437

Article 17

• 1. The carrier shall be liable81 for the total or partial loss82 of the goods and for damage83 thereto occurring84 between the time85 when he takes over86 the goods and the time of delivery,87 as well as for any delay in delivery.88
• 2. The carrier shall however be relieved of liability if the loss, damage or delay was caused89 by the wrongful act or neglect of the claimant,90 by the instructions91 of the claimant given otherwise than as the result of a wrongful act or neglect on the part of the carrier, by inherent vice of the goods92 or through circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.93
• 3. The carrier shall not be relieved of liability94 by reason of the defective condition of the vehicle95 used by him in order to perform the carriage, or by reason of the wrongful act or neglect of the person from whom he may have hired the vehicle or of the agents or servants of the latter.
• 4. Subject to article 18, paragraphs 2 to 5, the carrier shall be relieved of liability when the loss or damage arises from the special risks inherent in one or more of the following circumstances:
  • (a) Use of open unsheeted vehicles, when their use has been expressly agreed and specified in the consignment note96;
  • (b) the lack97 of, or defective condition98 of packing in the case of goods99 which, by their nature, are liable to wastage or to be damaged when not packed or when not properly packed;
  • (c) handling, loading,100 stowage or unloading of the goods by the sender, the consignee or persons acting on behalf of the sender101 or the consignee;
  • (d) the nature of certain kinds of goods which particularly exposes them to total or partial loss or to damage, especially through breakage, rust, decay, desiccation, leakage, normal wastage, or the action of moth or vermin102;
  • (e) insufficiency or inadequacy of marks or numbers103 on the packages;
  • (f) the carriage of livestock.104
• 5. Where under this article the carrier is not under any liability in respect of some of the factors causing the loss, damage or delay, he shall only be liable to the extent105 that those factors for which he is liable under this article have contributed to the loss, damage or delay.106

438

Article 18

• 1. The burden of proving that loss, damage or delay was due to107 one of the causes specified in article 17, paragraph 2, shall rest upon the carrier.108
• 2. When the carrier establishes that in the circumstances of the case, the loss or damage could be attributed109 to one or more of the special risks referred to in article 17, paragraph 4, it shall be presumed that it was so caused. The claimant shall however be entitled to prove that the loss or damage was not, in fact, attributable either wholly or partly110 to one of these risks.111
• 3. This presumption shall not apply in the circumstances set out in article 17, paragraph 4(a), if there has been an abnormal shortage, or a loss of any package.
• 4. If the carriage is performed in vehicles specially equipped to protect the goods from the effects of heat, cold, variations in temperature or the humidity of the air,112 the carrier shall not be entitled to claim the benefit of article 17, paragraph 4(d), unless he proves that all steps incumbent113 on him in the circumstances with respect to the choice, maintenance and use of such equipment were taken and that he complied with any special instructions issued to him.
• 5. The carrier shall not be entitled to claim the benefit of article 17, paragraph 4(f), unless he proves that all steps normally incumbent114 on him in the circumstances were taken and that he complied with any special instructions issued to him.

439

Article 19

440

Article 20

• 1. The fact that goods have not been delivered within thirty days following the expiry of the agreed time-limit, or, if there is no agreed time-limit, within sixty days from the time when the carrier took over the goods, shall be conclusive evidence of the loss of the goods, and the person entitled to make a claim may thereupon treat them as lost.118
• 2. The person so entitled may, on receipt of compensation for the missing goods, request in writing that he shall be notified immediately should the goods be recovered in the course of the year following the payment of compensation. He shall be given a written acknowledgment of such request.119
• 3. Within the thirty days following receipt of such notification, the person entitled as aforesaid may require the goods to be delivered to him against payment of the charges shown to be due on the consignment note and also against refund of the compensation he received less any charges included therein but without prejudice to any claims to compensation for delay in delivery under article 23 and, where applicable, article 26.
• 4. In the absence of the request mentioned in paragraph 2 or of any instructions given within the period of thirty days specified in paragraph 3, or if the goods are not recovered until more than one year after the payment of compensation, the carrier shall be entitled to deal with them in accordance with the law of the place where the goods are situated.

441

Article 21

442

Article 22

• 1. Where the sender hands goods of a dangerous nature125 to the carrier, he shall inform the carrier126 of the exact nature of the danger and indicate, if necessary, the precautions to be taken. If this information has not been entered in the consignment note, the burden of proving, by some other means, that the carrier knew the exact nature of the danger constituted by the carriage of the said goods shall rest upon the sender or the consignee.
• 2. Goods of a dangerous nature which, in the circumstances referred to in paragraph 1 of this article, the carrier did not know were dangerous, may, at any time or place, be unloaded, destroyed or rendered harmless127 by the carrier without compensation128; further, the sender shall be liable129 for all expenses, loss or damage arising out of their handing over for carriage or of their carriage.

443

Article 23130

• 1. When, under the provisions of this Convention, a carrier is liable for compensation in respect of total or partial loss of goods,131 such compensation shall be calculated by reference to the value of the goods at the place and time at which they were accepted for carriage.132
• 2. The value of the goods shall be fixed according to the commodity exchange price or, if there is no such price, according to the current market price, or, if there is no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.133
• 3. Compensation shall not, however, exceed 8.33 units of account per kilogram of gross weight short.134
• 4. In addition, the carriage charges, Customs duties and other charges135 incurred in respect of the carriage of the goods shall be refunded in full in case of total loss and in proportion to the loss sustained in case of partial loss,136 but no further damages shall be payable.
• 5. In the case of delay, if the claimant proves that damage137 has resulted therefrom the carrier shall pay compensation138 for such damage not exceeding the carriage charges.139
• 6. Higher compensation may only be claimed where the value of the goods or a special interest in delivery has been declared in accordance with articles 24 and 26.140
• 7. The unit of account mentioned in this Convention is the Special Drawing Right as defined by the International Monetary Fund. The amount mentioned in paragraph 3 of this Article shall be converted into national currency of the state of the court seised of the case on the basis of the value of that currency on the date of the judgment or the date agreed by the parties.141

444

Article 24142

445

Article 25

• 2. The compensation may not, however, exceed147:
  • (a) if the whole consignment has been damaged the amount payable in the case of total loss148;
  • (b) if part only of the consignment has been damaged, the amount payable in the case of loss of the part affected.149

446

Article 26150

• 1. The sender may, against payment of a surcharge to be agreed upon,151 fix the amount of a special interest in delivery in the case of loss or damage or of the agreed time-limit being exceeded, by entering such amount in the consignment note.
• 2. If a declaration of a special interest in delivery has been made, compensation for the additional loss or damage proved may be claimed, up to the total amount of the interest declared, independently of the compensation provided for in articles 23, 24 and 25.

447

Article 27

• 1. The claimant shall be entitled to claim interest on compensation payable. Such interest, calculated at five per centum per annum, shall accrue from the date on which the claim was sent in writing to the carrier or, if no such claim has been made, from the date on which legal proceedings were instituted.
• 2. When the amounts on which the calculation of the compensation is based are not expressed in the currency of the country in which payment is claimed, conversion shall be at the rate of exchange applicable on the day and at the place of payment of compensation.

448

Article 28152

• 1. In cases where, under the law applicable, loss, damage or delay arising out of carriage under this Convention gives rise to an extra-contractual claim, the carrier may avail himself of the provisions of this Convention which exclude his liability or which fix or limit the compensation due.153
• 2. In cases where the extra-contractual liability for loss, damage or delay of one of the persons for whom the carrier is responsible under the terms of article 3 is in issue, such person may also avail himself of the provisions of this Convention which exclude the liability of the carrier or which fix or limit the compensation due.

449

Article 29154

• 1. The carrier shall not be entitled to avail himself of the provisions of this chapter which exclude or limit his liability or which shift the burden of proof155 if the damage was caused by his wilful misconduct156 or by such default on his part as, in accordance with the law of the court or tribunal seised of the case, is considered as equivalent to wilful misconduct.157
• 2. The same provision shall apply if the wilful misconduct or default is committed by the agents or servants of the carrier or by any other persons of whose services he makes use for the performance of the carriage, when such agents, servants or other persons are acting within the scope of their employment. Furthermore, in such a case such agents, servants or other persons shall not be entitled to avail themselves, with regard to their personal liability, of the provisions of this chapter referred to in paragraph 1.

450

Article 30

• 1. If the consignee takes delivery of the goods without duly checking their condition with the carrier158 or without sending him reservations159 giving a general indication of the loss or damage, not later than the time of delivery160 in the case of apparent loss or damage161 and within seven days of delivery, Sundays and public holidays excepted, in the case of loss or damage which is not apparent, the fact of his taking delivery shall be prima facie evidence162 that he has received the goods in the condition described in the consignment note.163 In the case of loss or damage which is not apparent the reservations referred to shall be made in writing.164
• 2. When the condition of the goods has been duly checked165 by the consignee and the carrier, evidence contradicting the result of this checking shall only be admissible in the case of loss or damage which is not apparent166 and provided that the consignee has duly sent reservations in writing to the carrier167 within seven days, Sundays and public holidays excepted, from the date of checking.
• 3. No compensation shall be payable for delay in delivery unless a reservation has been sent in writing to the carrier, within twenty-one days from the time that the goods were placed at the disposal of the consignee.168
• 4. In calculating the time-limits provided for in this article the date of delivery, or the date of checking, or the date when the goods were placed at the disposal of the consignee, as the case may be, shall not be included.
• 5. The carrier and the consignee shall give each other every reasonable facility for making the requisite investigations and checks.169

451

Article 31

• 1. In legal proceedings arising out of carriage under this Convention,170 the plaintiff may bring171 an action in any court or tribunal of a contracting country designated by agreement between the parties and, in addition, in the courts or tribunals of a country within whose territory
  • (a) the defendant is ordinarily resident,172 or has his principal place of business,173 or the branch or agency174 through which the contract of carriage was made, or
  • (b) the place where the goods were taken over175 by the carrier or the place designated for delivery176 is situated and in no other courts or tribunals.
• 2. Where in respect of a claim referred to in paragraph 1 of this article an action is pending before a court or tribunal competent under that paragraph, or where in respect of such a claim a judgment has been entered by such a court or tribunal no new action shall be started between the same parties on the same grounds unless the judgment of the court or tribunal before which the first action was brought is not enforceable in the country in which the fresh proceedings are brought.177
• 3. When a judgment entered by a court or tribunal of a contracting country in any such action as is referred to in paragraph 1 of this article has become enforceable in that country, it shall also become enforceable in each of the other contracting States, as soon as the formalities required in the country concerned have been complied with.178 The formalities shall not permit the merits of the case to be re-opened.
• 4. The provisions of paragraph 3 of this article shall apply to judgments after trial, judgments by default and settlements confirmed by an order of the court, but shall not apply to interim judgments or to awards of damages,179 in addition to costs against a plaintiff who wholly or partly fails in his action.
• 5. Security for costs shall not be required in proceedings arising out of carriage under this Convention from nationals of contracting countries resident or having their place of business in one of those countries.180

452

Article 32

• 1. The period of limitation for an action arising out of carriage under this Convention181 shall be one year. Nevertheless, in the case of wilful misconduct,182 or such default as in accordance with the law of the court or tribunal seised of the case, is considered as equivalent to wilful misconduct,183 the period of limitation shall be three years.184 The period of limitation shall begin to run:
  • (a) in the case of partial loss,185 damage186 or delay187 in delivery, from the date of delivery;
  • (b) in the case of total loss,188 from the thirtieth day after the expiry of the agreed time- limit189 or where there is no agreed time-limit from the sixtieth day from the date on which the goods were taken over190 by the carrier;
  • (c) in all other cases,191 on the expiry of a period of three months after the making of the contract of carriage.192