The CMR CONVENTION
was ratified by Decree No. 1143 of the State Council of 29.07.1977. – Ge. 61 from 5.08.1977. In force for Bulgaria from 18.01.1978. Published in the Collection of International Treaties of Bulgaria, Volume III, 1995.
The Contracting Parties,
Recognizing the usefulness of acts in a single image of the contract for the international carriage of goods by road, in particular with regard to the transport documents used for this purpose and the carrier’s liability,
have agreed as follows:
CHAPTER ONE
competences
Article 1
1. This convention shall apply to any contract for the carriage of goods by road from vehicles for a fee, if the place of reception of the goods for carriage and the designated place to deliver it, as specified in the contract, are located in two different States, of which at least one is a party to the agreement. This is true regardless of buttocks, and the country’s citizenship.
2. For the purposes of applying this Convention,” vehicles ” should be understood as motor vehicles, remarketata and semi-remarketata, as defined in article 4 of the Convention on Road Traffic of 19 September 1949.
3. This convention applies even when supplies included in its scope are made from States or public institutions and organizations.
4. This Convention does not apply to:
a) for deliveries made within the reach of international postal conventions;
b) for transportation of remains, family, remains,;
c) for transportation of items upon change of residence.
5.The Contracting Parties undertake not to import en route separate agreements concluded between two or more of them, or to modify this Convention in any way other than to exclude border traffic from its reach, or to allow the use of a consignment note declaring goods at the USSR to be carried out exclusively on their territory.
Article 2
1. When a loaded automobile is being transported by sea, rail, inland waterway or by air, and on a part of the route, without reloading, this Convention applies to the entire carriage, except in the case of the application of the provisions of Article 14. However, how to prove that the loss, damage or delay in the delivery of goods that occur during transportation with some other means of transport, other than road, was not caused by the action or omission of the car carrier and that you are responsible for a reason that could only occur during and after non-car transportation, the car carrier is determined not by this convention, but in the way that would be a certain liability of a non-automobile carrier, if a contract of carriage has been concluded between the shipper and the carrier’s non-vehicle, simply for the shipment of the goods in accordance with the mandatory provisions of the law on the carriage of goods in order to deprive the opponent of the freedom of the mode of transport. However, in the absence of such provisions, the liability of the road carrier is determined by this convention.
2. When an automobile manufacturer and a non-automobile carrier transfer to the same person, its liability is determined by paragraph 1, yet that its functions are automotive and to deprive the opponent of liberty the carrier operates from two different people.
CHAPTER TWO
PERSONS FOR WHOM THE CARRIER IS RESPONSIBLE
Article 3
In the application of this Convention, the carrier is responsible both for its own actions and omissions, for the actions and shortcomings of its employees, and for all other persons whose services it uses for the performance of carriage when these employees or persons are betrayed in the performance of their functions.
CHAPTER THREE
CONCLUSION AND PERFORMANCE OF A CONTRACT OF CARRIAGE
Article 4
The contract of carriage is established with the consignment note. The absence, inaccuracy or loss of the consignment note does not affect the existence or operation of the contract of carriage, which remains bound by the provisions of this Convention.
Article 5
1.The Bill of Lading is drawn up in three original copies, signed by the sender and the carrier. These signatures may be printed or replaced by the sender’s and carrier’s seals, if permitted by the laws of the country in which the bill of lading is drawn up. The first copy is sent to the sender, the second copy accompanies the cargo, and the third copy is kept by the carrier.
2. When the goods to be transported are to be loaded on different vehicles, or when different types of goods or consignments are involved, the sender or carrier has the right to request the drawing up of as many invoices as the number of vehicles to be transported, or as many types or separate consignments of goods.
Article 6
1. The bill of lading must contain the following information:
a) the place and date of compilation;
b) the name and address of the sender;
c) the name and address of the transporter;
d) the place and date of acceptance of the goods for carriage and the place of delivery.;
e) the name and address of the consignee;
f) the usual name of the type of goods and method of packaging, and for dangerous goods – their usually accepted designation;
g) the number of coletites, their marking method and their number;
h) gross weight or any other method, the quantity of the goods;
i) the costs associated with shipment (may include: be very sharp price, additional costs, customs duties and other charges arising from the time of conclusion of the contract until their delivery);
j) instructions required for customs formalities, and others;
k) an indication that the cargo, but each unexpected provision, is subject to the regime established in this agreement.
2. In some cases, the bill of lading must also contain the following information:
a) prohibition of transshipment;
b) costs that are very destructive;
c) the value of the payment set to be collected upon delivery of the cargo;
d) the declared value of the cargo and the amount representing a special percentage on delivery;
e) instructions from the sender to the carrier regarding cargo insurance;
f) agreed terms of carriage;
g) a list of documents submitted to the conveyor.
3. The Parties may enter in the consignment note any other data that they consider necessary.
Article 7
1. The shipper is liable for all costs and losses that the carrier may incur due to inaccuracy or insufficiency of:
a) the data provided in the article. 6 paragraph 1 (b), (d), (e), (e), (g), (h);
(b) the indications referred to in the article. 6, paragraph 2;
c) all other data or instructions that he gives for the preparation of the consignment note or for inclusion in it.
2. When, at the request of the sender, the carrier is recorded in the consignment note specified in paragraph 1 of this Article of the instructions, it is considered that he is acting at the expense of the sender, until proof to the contrary.
3. If the bill of lading does not contain approaches to the decision, it is provided in the article. 6, paragraph 1, the carrier is liable for all costs and losses that may be incurred by them as a result of this omission.
Article 8
1. The carrier is obliged to check the time of acceptance of the cargo for transportation:
a) the accuracy of the data in the invoice relative to the number of coletite, ce, and their number;
b) the visible condition of the cargo and its packaging.
2. When the carrier does not have the means necessary to verify the data referred to in paragraph 1, letter “a” of this article, it shall submit objections to be reasoned in the consignment note. He must also give reasons for any objections he makes about the apparent condition of the cargo and its packaging. These objections are not bound by the sender, unless he explicitly accepted them from the invoice.
3. The sender has the right to require the carrier to check the gross weight or, in any other way, the quantity of the goods. It may also require you to check the contents of coletite. The carrier may require payment of verification costs. As a result of verification, it is entered in the invoice.
Article 9
1. The bill of lading certifies, until proven otherwise, the terms of the contract and receipt of the goods from the carrier.
2. If the consignment note does not contain reasoned objections from the bearers of the presumption that the goods and their packaging were in good condition at the time of their acceptance for carriage by the carrier and that the number of collettes, markings and numbers of their satisfaction are given in the consignment note.
Article 10
The sender is liable to the carrier for any damage caused to persons, materials and other goods, as well as costs that may arise from a lack of packaging of the goods, if such a defect was discovered or known to the carrier at the time of acceptance of the goods for carriage, and he has not made any objections in this regard.
Article 11
1. Due to customs and other formalities, before delivering the goods, the sender must attach the necessary documents to the consignment note or provide the carrier with all the requested information.
2. The carrier is not obliged to check whether these documents and information are really accurate and sufficient. The sender is liable to the carrier for all losses that may occur due to the absence, insufficiency or inaccuracy of these documents and information, in addition, in the event of an operator’s error.
3. The carrier shall be liable as a commission agent for the consequences of loss or inaccuracy in providing the documents specified in the consignment note accompanying the same delivered into his hands; however, his due allowance may not exceed that which was an obligation in the event of loss of the goods.
Article 12
1. The shipper has the right to dispose of the goods, including requiring the carrier to terminate the carriage, change the appropriate place of delivery, or deliver the goods to the recipient other than specified in the consignment note.
2. This right shall be extinguished when the second copy of the consignment note is delivered to the recipient or when the recipient exercises the right provided for in this article. 13, paragraph 1; from this point on, the carrier must comply with the provisions of the recipient.
3. The right to ban applies only to the recipient from the moment of drawing up the invoice, if there is a note from the sender on this invoice for this purpose.
4. When, in order to exercise the right to order, the recipient of the order goods will be delivered to another person, the latter can not indicate other recipients.
5. Exercise of the right of prohibition by observing the following conditions:
a) the sender or, in the case provided for in paragraph 3 of this article, the recipient who wishes to exercise this right, must provide the first copy of the consignment note in which new orders must be entered to the carrier and pay the carrier the costs and damages caused by the execution of these orders;
b) that execution must be possible at the time when these orders will reach the person who is supposed to execute them, and this does not interfere with the normal operation of the carrier’s enterprise, nor does it penalize senders or recipients of other cargo;
c) the order must not in any way bring up the division of the cargo.
6. When, due to the provisions of paragraph 5 (b) of this article, the carrier is unable to comply with the orders it has received, it must immediately notify the person who has transmitted these transfers.
7. A carrier who fails to carry out the specified orders under the conditions provided for in this Article, or who refuses to give in to such orders, does not require the submission of the first copy of the consignment note, shall be liable to the law enforcement authorities for damages caused to him by this fact.
Article 13
1. After the arrival of the goods at the appropriate place of delivery, the recipient has the right to request that a second copy of the invoice be handed over to him and the goods can be accepted from the signature. If you have discovered the loss of the cargo or if the cargo has not arrived before the expiration of the period provided for in Article 19, the recipient may claim on his own behalf the rights arising from the contract of carriage to the carrier.
2. The recipient who claims the rights granted to him by paragraph 1 of this Article is obliged to pay the amount of obligations arising from the consignment note. In case of objections on this issue, the carrier is obliged to transfer the goods only if it is provided with a guarantee from the recipient.
Article 14
1. When, for any reason, the performance of a contract under the conditions provided for in the consignment note is or becomes impossible before the arrival of the goods at the place designated for delivery, the carrier is obliged to request orders from the person who has the right to dispose of the goods, in accordance with article 12.
2. However, if the circumstances of the shipment permit, under conditions other than those provided for in the consignment note, and if the carrier has not been able to receive orders in a timely manner for the person entitled to dispose of the goods in accordance with article 12, it shall take measures in the interests of the person entitled to dispose of the goods that considers them the best.
Article 15
1. When, after the arrival of the goods at the destination, there are obstacles to transfer, the carrier wants orders from the sender. If the recipient refuses the goods, the shipper has the right to dispose of the latter, without having to submit the first copy of the consignment note.
2. Even when refused goods, the recipient can always ask for the transfer of it if the carrier has received other orders from the sender.
3. When obstacles to transfer have arisen after the recipient has given an order to transfer the goods to another person on the basis of a right obtained in accordance with article 12, paragraph 3, the recipient has assumed the rights of the sender and that other person has assumed the rights of the recipient in the application of paragraphs 1 and 2 of Article 15.
Article 16
1. The carrier has the right to recover expenses incurred in connection with its application for forwarding or in connection with the execution of orders received, if these expenses are not the result of its error.
2. In the cases provided for in article 14, paragraph 1, and article 15, the carrier may immediately unload the goods at the expense of the legal entity; then it is considered bold to unload the goods. Then the carrier assumes the performance of the goods. But he can entrust the product to a third party and then only be responsible for the correct choice of this third party. The goods are subject to obligations arising from the invoice, and all other charges.
3. The carrier may proceed with the sale of the goods without waiting for a warrant for legal action, when it is a question of the forest development of the goods or what depends on the condition of the goods, or when the storage costs are not commensurate with the value of the goods. In all other cases, it may also proceed with the sale if it has not received other orders from the law enforcement agency within a reasonable period of time, whose activity may be legally required.
4. If the goods were sold on the basis of this article, the amount from the sale is left at the disposal of the legal entity, after deducting the costs associated with the goods. If these costs exceed the amount from the sale, the carrier is entitled to receive the difference.
5. The manner in which the sale is made is determined by the law and customs of the place where the goods are located.
CHAPTER FOUR
LIABILITY OF THE CARRIER
Article 17
1. The carrier is liable for the total or partial absence or damage of the cargo from the moment of acceptance for carriage to that time, as well as for delays in its delivery.
2. The carrier is released from this liability, in case of absence, damage or delay due to an error of law, by order of the latter, that it is the result of an error of the carrier, on an inherent defect of the goods or circumstances that the carrier could not avoid and consequences that could not be overcome.
3. In order to be released from liability, the carrier may not refer either to the defects of the vehicle used to perform the carriage, or to errors, to the person from whom the vehicle was hired, or to its employees.
4. In accordance with article 18, paragraph 2-5, the carrier is exempt from liability, in the absence or damage of special risks arise due to one or more of the following facts:
a) the use of an open, bare tilt vehicle when this has been expressly agreed upon and entered in the consignment note;
b) the absence or defect of packaging, for goods that by their very nature are susceptible to damage or damage when not packed or poorly packed;
c) the packaging, loading, stowage or unloading of the goods by the sender or recipient, or by persons acting at the expense of the sender or recipient;
d) the nature of certain goods, would be subject to total or partial loss, either from damage such as breakage, rust, internal damage, drying out, leakage, normal decay or action, worms and rodents;
e) insufficient or inaccurate markings or numbers on coletite;
f) transportation of live animals.
5. Where, under this article, the carrier is not responsible for certain factors that caused the damage, liability shall only apply as the factors to which it is responsible under this article contributed to that damage.
Article 18
1. Prove that due to the absence, damage or delay caused by one of the facts provided for in Article 17, paragraph 2, this burden is on the carrier.
2. When the carrier finds that, in the light of specific factual circumstances, the absence or damage may have resulted from one or more of the special risks provided for in Article 17, paragraph 4, it is deemed to derive from them. Legal protection cannot, however, prove that the damage is due in whole or in part to some of these risks.
3. The presumption referred to above does not apply in the cases provided for in Article 17, paragraph 4 (a), if there is a failure in the size, absence or absence of the purpose of the parcels.
4. When shipment is made from a vehicle equipped to protect the goods from heat, cold, changes in temperature or humidity, the carrier may not invoke article 17, paragraph 4 (d), if it proves that all the measures that it was obliged to take, depending on the circumstances, have been taken, and that the goods are protected from the effects of heat, cold, changes in temperature or humidity. selection, maintenance, and use of these facilities, and that he adhered to the special orders given to him.
5. The carrier may invoke article 17, paragraph 4 (a), only if it proves that all the measures that it was obliged to take, depending on the circumstances, were derived from it and that it has carried out its special instructions with the data.
Article 19
It is considered that there is a delivery debt if the goods were not delivered within the agreed time limit or, if the time limit was not concluded, when the actual duration of carriage exceeds the time for which the carriage would have been carried normally, taking into account the circumstances and, in particular, in the case of a partial load, if the time to collect the entire load under normal conditions the condition is overflow.
Article 20
1. The right of defence may, without the need to provide other evidence, consider the goods to be wild boars when it has not been delivered before thirty days after the expiration of the agreed time limit, or, if such time limit has not been concluded, within sixty days from the date of its acceptance for carriage by the carrier.
2. After you have received compensation for the lost item, the right of defence may request in writing to be notified immediately if the item is found within a year from the payment of the compensation. At his request, he receives a written notification.
3. Within thirty days of receipt of this notification, the right holder may wait until the goods are delivered to him for a separate invoice amount and return the compensation received from him, after deducting the costs included in this allowance, while retaining all rights to compensation for delay in delivery provided for in article 23, and possibly in the following cases: article 26.
4. When the request provided for in paragraph 2 has not been made, or orders are not given within the three-day period provided for in paragraph 3, or if the goods were found after more than one year after payment of the refund, the carrier shall deal with it in accordance with the laws of the country where the goods are located.
Article 21
When the goods have been delivered to the consignee without payment established by the payment that the carrier must collect from the consignee in accordance with the provisions of the pre-emption contract, the carrier is obligated to reimburse the consignor, up to the amount established by the payment, regardless of its right of recourse against the consignee.
Article 22
1. When the sender transfers dangerous goods to the carrier, it indicates the exact nature of the danger, as well as possible measures to be taken. In the event that this notification does not enter into the consignment note, the shipper or consignee is required to prove by all other means that the carrier was aware of the exact nature of the danger during carriage of the specified goods.
2. Dangerous goods have not been declared as such by the carrier under the conditions set out in paragraph 1 of this article, may at any time and in any place be unloaded, destroyed or removed from the carrier, and this without any compensation; in addition, the shipper is liable for all costs and losses incurred in the event of: as a result of transferring them for transportation or transporting them.
