Convention on the Contract for the International Carriage of Goods by Road (CMR) (1978 - Geneva, 19 May 1956 as amended by Protocol to the CMR, Geneva, 5 July, 1978) paragraph 1; from that time onwards the carrier shall obey the orders of the consignee. 3. The consignee shall, however, have the right of disposal from the time when the 75 consignment note is drawn up, if the sender makes an entry to that effect in the consignment note. 4. If in exercising his right of disposal the consignee has ordered the delivery of the 76 goods to another person, that other person shall not be entitled to name other consignees. 5. The exercise of the right of disposal shall be subject to the following conditions: 77 (a) That the sender or, in the case referred to in paragraph 3 of this article, the consignee 78 who wishes to exercise the right produces the first copy of the consignment note on which the new instructions to the carrier have been entered and indemnifies the carrier against all expenses, loss and damage involved in carrying out such instructions; (b) That the carrying out of such instructions is possible at the time when the instructions 79 reach the person who is to carry them out and does not either interfere with the normal working of the carriers' undertaking or prejudice the senders or consignees of other consignments; (c) That the instructions do not result in a division of the consignment. 80 6. When, by reason of the provisions of paragraph 5 (b) of this article, the carrier cannot 81 carry out the instructions which he receives, he shall immediately notify the person who gave him such instructions. 7. A carrier who has not carried out the instructions given under the conditions provided 82 for in this article or who has carried them out without requiring the first copy of the consignment note to be produced, shall be liable to the person entitled to make a claim for any loss or damage caused thereby. Article 13 83 1. After arrival of the goods at the place designated for delivery, the consignee shall be 84 entitled to require the carrier to deliver to him, against a receipt, the second copy of the consignment note and the goods. If the loss of the goods established or if the goods have not arrived after the expiry of the period provided for in article 19, the consignee shall be entitled to enforce in his own name against the carrier any rights arising from the contract of carriage. 2. The consignee who avails himself of the rights granted to him under paragraph 1 85 of this article shall pay the charges shown to be due on the consignment note, but in the event of dispute on this matter the carrier shall not be required to deliver the goods unless security has been furnished by the consignee. SiSU lexmercatoria.org 6
11 Online Touch Home