Common use of CMR Convention Clause in Contracts

CMR Convention. 17.1.1 In case the Company undertake international and national road transports or performs such international road transports as part of a logistical service, the CMR Convention shall be applicable in addition to this General Agreement. 17.1.2 The Customer shall pay particular attention to the following clauses in the CMR Convention: • For loss of damage to the goods the Company’s liability is limited to 8.33 SDR per kg gross weight of the part of the goods which has been lost or damaged (art 23.3). • Compensation for delay shall never exceed the amount of the freight (art 23.5). • If the Customer takes delivery of the goods without duly checking their condition with the Company or without sending the Company reservations giving a general indication of the loss or damage, not later than the time of delivery in the case of apparent loss or damage and within 7 days of delivery in the case of loss or damage which is not apparent, the fact of this taking delivery shall be prima facie evidence that the Customer has received the goods in the condition described in the consignment note. Furthermore, no compensation shall be payable for delay in delivery unless a reservation has been sent in writing to the Company, within 21 days from the time that the goods were places at the disposal of the Customer (art. 30); • Legal proceedings against the Company shall be commenced within a period of 1 year, otherwise the right to claim will be statute barred.

CMR Convention. 17.1.1 In case the Company undertake international and national road transports or performs such international road transports as part of a logistical service, the CMR Convention shall be applicable in addition to this General Agreement. 17.1.2 The Customer shall pay particular attention to the following clauses in the CMR Convention: • For loss of damage to the goods the Company’s liability is limited to 8.33 SDR per kg gross weight of the part of the goods which has been lost or damaged (art 23.3). • Compensation for delay shall never exceed the amount of the freight (art 23.5). • If the Customer takes delivery of the goods without duly checking their condition with the Company or without sending the Company reservations giving a general indication of the loss or damage, not later than the time of delivery in the case of apparent loss or damage and within 7 days of delivery in the case of loss or damage which is not apparent, the fact of this taking delivery shall be prima facie facis evidence that the Customer has received the goods in the condition described in the consignment note. Furthermore, no compensation shall be payable for delay in delivery unless a reservation has been sent in writing to the Company, within 21 days from the time that the goods were places at the disposal of the Customer (art. 30); • Legal proceedings against the Company shall be commenced within a period of 1 year, otherwise the right to claim will be statute barred.