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[FECT综合考试] 联合国国际货物多式联运公约 (6)

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发表于 2012-8-16 09:04:37 | 显示全部楼层 |阅读模式
  Article 9 Reservations in the Multimodal Transport Document
6 z: e4 N9 Z; u  m  1. If the multimodal transport document contains particularsconcerning the general nature, leading marks, number of packages orpieces, weight or quantity of the goods which the multimodal transportoperator or a person acting on his behalf knows, or has reasonable groundsto suspect, do not accurately represent the goods actually taken incharge, or if he has no reasonable means of checking such particulars, themultimodal transport operator or a person acting on his behalf shallinsert in the multimodal transport document a reservation specifying theseinaccuracies, grounds of suspicion or the absence of reasonable means ofchecking.
$ r% j1 ]' K0 E" H6 u* @  2. If the multimodal transport operator or a person acting on hisbehalf fails to note on the multimodal transport document the apparentcondition of the goods, he is deemed to have noted on the multimodaltransport document that the goods were in apparent good condition.
! _$ j( K- V9 D. k- ^* o: F  Article 10 Evidentiary Effect of the Multimodal Transport Document! i- Y0 u, I8 m! _! w3 K$ \
  Except for particulars in respect of which and to the extent to whicha reservation permitted under Article 9 has been entered:
% \& P* A0 h# s$ ?$ J) n# K" N) u  (a) The multimodal transport document shall be prima facie evidence ofthe taking in charge by the multimodal transport operator of the goods asdescribed therein;; U1 J4 b, ^, U9 J( B- v
  (b) Proof to the contrary by the multimodal transport operator shallnot be admissible if the multimodal transport document is issued innegotiable form and has been transferred to a third party, including aconsignee, who has acted in good faith in reliance on the description ofthe goods therein.
9 r: U& g7 |9 S( e+ h. R7 m  Article 11 Liability for Intentional Misstatements or Omissions
; e, y) Y  F1 j9 r  When the multimodal transport operator, with intent to defraud, givesin the multimodal transport document false information concerning thegoods or omits any information required to be included under paragraph 1(a) or (b) of Article 8 or under Article 9, he shall be liable, withoutthe benefit of the limitation of liability provided for in thisConvention, for any loss, damage or expenses incurred by a third party,including a consignee, who acted in reliance on the description of thegoods in the multimodal transport document issued.
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