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Article 40 Verdrag van de Verenigde Naties inzake de overeenkomsten voor het internationaal vervoer van goederen geheel of gedeeltelijk over zee

TRANSPORT DOCUMENTS AND ELECTRONIC TRANSPORT RECORDS

1 The carrier shall qualify the information referred to in article 36, paragraph 1, to indicate that the carrier does not assume responsibility for the accuracy of the information furnished by the shipper if:

a) The carrier has actual knowledge that any material statement in the transport document or electronic transport record is false or misleading; or

b) The carrier has reasonable grounds to believe that a material statement in the transport document or electronic transport record is false or misleading.

2 Without prejudice to paragraph 1 of this article, the carrier may qualify the information referred to in article 36, paragraph 1, in the circumstances and in the manner set out in paragraphs 3 and 4 of this article to indicate that the carrier does not assume responsibility for the accuracy of the information furnished by the shipper.

3 When the goods are not delivered for carriage to the carrier or a performing party in a closed container or vehicle, or when they are delivered in a closed container or vehicle and the carrier or a performing party actually inspects them, the carrier may qualify the information referred to in article 36, paragraph 1, if:

a) The carrier had no physically practicable or commercially reasonable means of checking the information furnished by the shipper, in which case it may indicate which information it was unable to check; or

b) The carrier has reasonable grounds to believe the information furnished by the shipper to be inaccurate, in which case it may include a clause providing what it reasonably considers accurate information.

4 When the goods are delivered for carriage to the carrier or a performing party in a closed container or vehicle, the carrier may qualify the information referred to in:

a) Article 36, subparagraphs 1 (a), (b), or (c), if:

i) The goods inside the container or vehicle have not actually been inspected by the carrier or a performing party; and

ii) Neither the carrier nor a performing party otherwise has actual knowledge of its contents before issuing the transport document or the electronic transport record; and

b) Article 36, subparagraph 1 (d), if:

i) Neither the carrier nor a performing party weighed the container or vehicle, and the shipper and the carrier had not agreed prior to the shipment that the container or vehicle would be weighed and the weight would be included in the contract particulars; or

ii) There was no physically practicable or commercially reasonable means of checking the weight of the container or vehicle.

Regeling
Verdrag van de Verenigde Naties inzake de overeenkomsten voor het internationaal vervoer van goederen geheel of gedeeltelijk over zee
Afkortingen
Rotterdam Rules
Soort
Verdrag
Geldend vanaf
11-12-2008
BWB-id
BWBV0005538
Versie
2008-12-11_0

In de hele regeling · Officiële tekst op wetten.overheid.nl