Article 12 Guarantee by the Consignor4 F. |2 _% Y. ^
1. The consignor shall be deemed to have guaranteed to the multimodaltransport operator the accuracy, at the time the goods were taken incharge by the multimodal transport operator, of particulars relating tothe general nature of the goods, their marks, number, weight and quantityand, if applicable, to the dangerous character of goods, as furnished byhim for insertion in the multimodal transport document.
- S6 W- _* v. f1 K5 Q 2. The consignor shall indemnify the multimodal transport operatoragainst loss resulting from inaccuracies in or inadequacies of theparticulars referred to in paragraph 1 of this Article. The consignorshall remain liable even if the multimodal transport document has beentransferred by him. The right of the multimodal transport operator to suchindemnity shall in no way limit his liability under the multimodaltransport contract to any person other than the consignor.
3 G$ J5 l- q9 X& n# O* o" { Article 13 Other Documents( g7 N' K, j; S+ k& r" n& s
The issue of the multimodal transport document does not preclude theissue, if necessary, of other documents relating to transport or otherservices involved in international multimodal transport, in accordancewith applicable international conventions or national law. However, theissue of such other documents shall not affect the legal character of themultimodal transport document.( B4 @" i% |( X5 X* p, }
PART III. MULTIMODAL LIABILITY OF THE TRANSPORT OPERATOR7 d3 K1 i; T1 W" e% ?9 ~$ j1 \7 g, j
Article 14 Period of Responsibility% u1 B- X5 S b
1. The responsibility of the multimodal transport operator for thegoods under this Convention covers the period from the time he takes thegoods in his charge to the time of their delivery.: Q5 i+ m0 U3 k5 W
2. For the purpose of this Article, the multimodal transport operatoris deemed to be in charge of the goods:# z2 D D2 Q/ `5 P$ j# y
(a)From the time he has taken over the goods from:; I" U& S: Y* s1 B$ f! d
(i)The consignor or a person acting on his behalf; or
6 a6 l1 m4 c L; O7 S* r( f (ii)An authority or other third party to whom, pursuant tolaw or regulations applicable at the place of taking in charge, the goodsmust be handed over for transport;8 N4 \* F+ ]* g6 O# I( L
(b)Until the time he has delivered the goods:6 H4 h( Z0 ?/ f6 k }* i# X
(i)By handing over the goods to the consignee; or7 P4 O$ y, b. O' U, O, k. p
(ii)In cases where the consignee does not receive the goodsfrom the multimodal transport operator, by placing them at the disposal ofthe consignee in accordance with the multimodal transport contract or withthe law or with the usage of the particular trade applicable at the placeof delivery; or7 N+ D4 {8 O+ K& v9 }3 }0 n3 m2 \
(iii)By handing over the goods to an authority or other thirdparty to whom, pursuant to law or regulations applicable at the place ofdelivery, the goods must be handed over.2 k& ^1 q: c" @$ S- ^* u& ?
3. In paragraphs 1 and 2 of this Article, reference to the multimodaltransport operator shall include his servants or agents or any otherperson of whose services he makes use for the performance of themultimodal transport contract, and reference to the consignor or consigneeshall include their servants or agents.5 q3 b5 L: }3 W& T5 ~; U; U5 o
Article 15 The Liability of the Multimodal Transport Operator for hisServants, Agents and Other Persons+ u u( E3 t* A+ N4 k2 l- F
Subject to Article 21, the multimodal transport operator shall beliable for the acts and omissions of his servants or agents, when any suchservant or agent is acting within the scope of his employment, or of anyother person of whose services he makes use for the performance of themultimodal transport contract, when such person is acting in theperformance of the contract, as if such acts and omissions were his own. |