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) Article 14 86 1. If for any reason it is or becomes impossible to carry out the contract in accordance 87 with the terms laid down in the consignment note before the goods reach the place designated for delivery, the carrier shall ask for instructions from the person entitled to dispose of the goods in accordance with the provisions of article 12. 2. Nevertheless, if circumstances are such as to allow the carriage to be carried out 88 under conditions differing from those laid down in the consignment note and if the carrier has been unable to obtain instructions in reasonable time the person entitled to dispose of the goods in accordance with the provisions of article 12, he shall take such steps as seem to him to be in the best interests the person entitled to dispose of the goods Article 15 89 1. Where circumstances prevent delivery of the goods after their arrival at the place 90 designated for delivery, the carrier shall ask the sender for his instructions. If the consignee refuses the goods the sender shall be entitled to dispose of them without being obliged to produce the first copy of the consignment note. 2. Even if he has refused the goods, the consignee may nevertheless require delivery 91 so long as the carrier has not received instructions to the contrary from the sender. 3. When circumstances preventing delivery of the goods arise after the consignee, in 92 exercise of his rights under article 12, paragraph 3, has given an order for the goods to be delivered to another person, paragraphs 1 and 2 of this article shall apply as if the consignee were the sender and that other person were the consignee. Article 16 93 1. The carrier shall be entitled to recover the cost of his request for instructions and 94 any expenses entailed in carrying out such instructions, unless such expenses were caused by the wrongful act or neglect of the carrier. 2. In the cases referred to in article 14, paragraph 1, and in article 15, the carrier 95 may immediately unload the goods for account of the person entitled to dispose of them and thereupon the carriage shall be deemed to be at an end. The carrier shall then hold the goods on behalf of the person so entitled. He may, however, entrust them to a third party, and in that case he shall not be under any liability except for the exercise of reasonable care in the choice of such third party. The charges due under the consignment note and all other expenses shall remain chargeable against the goods. 3. The carrier may sell the goods, without awaiting instructions from the person entitled 96 to dispose of them, if the goods are perishable or their condition warrants such a course, or when the storage expenses would be out of proportion to the value of the goods. He may also proceed to the sale of the goods in other cases if after the expiry of a SiSU lexmercatoria.org 7
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