CMR


 

According to the document the Contract for the International Road Transport cost ČESMAD issued by Slovakia in 2008, the CMR Convention consists of seven chapters:

I. Basic Provisions 

The application of the CMR Convention, the place of delivery of the goods and place of delivery lies in the different States. To use transport law CMR Convention is a fundamental and decisive aspect that the point of departure or the place where the product is located in a Contracting State. It suffices that only one of these sites is located in a Contracting State. Domicile and nationality of the contracting parties are to use the CMR Convention on the contractual relationship and legally irrelevant. CMR Convention applies to any bribe carriage as long as it delivers on that premise.
The Convention shall not apply:
a) To carriage performed within the international postal conventions.
b) to transport dead.
c) To furniture removal.
The Parties undertake not to conclude between themselves special bilateral or multilateral agreements that include deviations from this Convention. If the vehicle containing the goods part of the journey by sea, rail, inland waterway or air, are covered by the Convention on the carriage.
CMR Convention provides for the obligation of the carrier in receipt of the goods by the sender. It does not require carriers to perform loading, t. j. the carrier would have to carry out this operation if it had it done, agreements with principals, either by the loading was contained in the order addressed to the carrier or by the employees of the carrier are entitled to this operation would assume from a carrier's liability .
Contract freight forwarding (freight forwarding) commits forwarder (forwarding agent) the principal that he has on his behalf, but the real name procures goods transport (cargo) from a point (dispatch) to another location (destination) for transactions with related transportation and the principal is committed to a shipper (freight forwarders) reward. Claims for reimbursement can be applied to a shipping contract as principal freight forwarder.
Contract of carriage the carrier shall undertake (carrier) that the transport case (cargo) from one place (place of dispatch) to another location (destination) and the sender agrees to pay the fee to the carrier.
Freight t. j. acquisition of the shipment, an agreement whereby the commission agent shipper or freight forwarder undertakes to reward that his name and for the account of the payer allow transportation of the shipment and perform or have performed the tasks associated with the transport such as the receipt of the consignment, handing third carrier, storage, insurance, customs clearance, delivery, etc.
The carrier is in the strict sense one who undertakes to carry out the shipment and indeed it also transports so combines the act of legal and material. Unless the professional carrier undertakes to transport the consignment, it is the contracting carrier.
The principal is the person who concluded a contract with the carrier. It may be the sender as well as recipient or a third person. Principal under ground transportation is the one who forward the shipment to the carrier without having to take responsibility for sending.
Owner carries out the shipment law that is foreign contract of carriage. Authorized is the one who can dispose of this consignment due to the accrued rights of the ino contract than the contract of carriage.
CMR applies only to road transport.
 

II. Liability of the carrier for other persons

By using this Convention the carrier is liable for the acts and omissions of his agents and servants and of any other persons used in the performance of the carriage.
 

III. Conclusion and performance of a transport contract

Evidence of the course of transport in international road transport of goods is expensive sheet. If the Waybill absence, irregularity or is lost, is not the existence or validity of the contract concerned and shall be subject to the provisions of this Convention continue.
The consignment note shall be made out in three original copies signed by the shipper and the carrier. If a consignment loaded on several vehicles, or if it is a different species or a separate part of the consignment, the sender or the carrier the right to seek exposure to so many of lading, how many vehicles to be used or how many species or separate parts of the consignment is loaded.
CMR is a declaratory document testifying to the contract of carriage, which itself has a constitutive character, t. j. by contract, ie. that the data apply, unless they are contradicted by the particulars in the transport contract. In any case, CMR is credible proof of the conclusion of the contract of carriage, and the receipt of goods by the carrier, unless it is proved otherwise.
The consignment note shall include the following:
a) place and date of issue;
b) the name and address of the sender,
c) the name and address of carrier
d) place and date of receipt of goods and the place of destination,
e) the name and address of the beneficiary,
f) common name in the nature of the goods transported and the type of packaging; in the case of dangerous nature of their widely recognized designation
g) number of pieces, their special marks and numbers;
h) the gross weight of the consignment or the method of packing goods
i) costs related to transport (carriage, ancillary charges, customs duties and other costs incurred from the conclusion of the contract up to the time of delivery)
j) The requisite instructions for Customs and other official proceedings,
k) A statement that the carriage is subject, notwithstanding any clause subject to the provisions of this Convention.
Upon acceptance for shipment carrier examine:
a) the accuracy of the information in the consignment note the number of birds and their marks and numbers,
b) the apparent condition of the goods and their packaging.
The sender has the right to require the carrier to check the gross weight the goods or their quantity otherwise expressed. It may also require the contents of each package. The carrier is entitled to claim the cost of such checking. The outcome of the checks shall be entered in the consignment note.
The consignor is liable to the carrier for damage to persons, the operational funds or other consignments errors packaging and shipment. The consignor must attach to the consignment note or make a carrier available documents required for customs and other official proceedings. The sender is authorized to dispose of the goods, in particular by asking the carrier to stop the shipment, change the place of delivery or time of delivery to a consignee other than that indicated in the consignment note.
Once there the consignment at the place designated for delivery, the recipient is entitled to require the carrier to deliver to him, against a receipt, the second copy of the consignment note and the goods. If after the shipment arrived at the place of delivery, encounter obstacles in delivery, the carrier shall request instructions from the sender.
Completed waybill is up to the sender. Therefore responsible for the accuracy of the data contained in the consignment note.
 

IV. Responsibilities and obligations of the carrier

The carrier's liability shall commence at the time when the goods were handed over to either the carrier himself or his agent, who is in charge of its takeover.
The carrier is responsible for the total or partial loss of the goods and for damage thereto occurring between the time of acceptance for shipment until the time of delivery as well as for any delay in delivery. Authorized the consignments without further evidence considered lost if it is not issued within 30 days after the expiry of the agreed deadline, unless an agreed upon period, within 60 days after receipt of the goods carrier to transport.
The carrier must be recorded in the bill of lading based only on the external condition of the goods on receipt. If clogged carrier on receipt of goods in the consignment note any reservations, it is assumed that the goods were taken over in perfect condition. It is admissible in rebuttal. If the carrier believes that sender heaped goods disproportionate, it must take care of better accumulation, at least it must make a reservation in the consignment note.
Checking the weight of packages or checking of carriers is possible only at the specific request of the consignor and the reimbursement of the costs of examinations.
The carrier must examine the apparent condition of the goods and their packaging. Must do an external examination. If a lack appears carrier must give its objection to the bill of lading and negotiate as a basis for a claim for compensation.
If the carrier fails to do so in taking any reservations, it will be deemed that the goods taken over in apparently good condition.
CMR Convention does not require a precise quantification of the supporting documents specified in the consignment note, but insists on the responsibility of the consignor for the damage that the carrier emerged from incomplete supporting documents. The carrier is under no obligation to examine the accuracy or adequacy of such documents and information that provide a sender can be regarded as appropriate for the transport.
 

V. Complaints and claims

Entitled to compensation for delay in delivery can only be applied if the carrier has sent a written objection within 21 days after the consignment is made available to the recipient. Disputes arising out of carriage under this Convention, the plaintiff may result if they do not lead to the courts of the Contracting States designated by agreement between the parties, the courts of the State in whose territory
a) the defendant is domiciled, principal place of business or the branch or agency through which the contract of carriage was made, or
b) the place where the goods were taken over by the carrier or the place designated for delivery;
Arising out of carriage covered by this Convention shall be barred for one year.
 

VI. Provisions for the carriage performed by several carriers

If, on the basis of a single transportation contract out transportation by several successive road carriers, each of which takes responsibility for the execution of all transport.
 

VII. Nullity arrangements which are contrary to the Convention

All arrangements which directly or indirectly derogate from the provisions of this Convention shall be void and unenforceable.