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) reasonable period he has not received from the person entitled to dispose of the goods instructions to the contrary which he may reasonably be required to carry out. 4. If the goods have been sold pursuant to this article, the proceeds of sale, after 97 deduction of the expenses chargeable against the goods, shall be placed at the disposal of the person entitled to dispose of the goods. If these charges exceed the proceeds of sale, the carrier shall be entitled to the difference. 5. The procedure in the case of sale shall be determined by the law or custom of the 98 place where the goods are situated. Chapter IV - Liability of the Carrier Article 17 99 100 1. The carrier shall be liable for the total or partial loss of the goods and for damage 101 thereto occurring between the time when he takes over the goods and the time of delivery, as well as for any delay in delivery. 2. The carrier shall, however, be relieved of liability if the loss, damage or delay was 102 caused by the wrongful act or neglect of the claimant, by the instructions of the claimant given otherwise than as the result of a wrongful act or neglect on the part of the carrier, by inherent vice of the goods or through circumstances which the carrier could not avoid and the consequences of which he was unable to prevent. 3. The carrier shall not be relieved of liability by reason of the defective condition of the 103 vehicle used by him in order to perform the carriage, or by reason of the wrongful act or neglect of the person from whom he may have hired the vehicle or of the agents or servants of the latter. 4. Subject to article 18, paragraphs 2 to 5, the carrier shall be relieved of liability when 104 the loss or damage arises from the special risks inherent in one more of the following circumstances: (a) Use of open unsheeted vehicles, when their use has been expressly agreed and 105 specified in the consignment note; (b) The lack of, or defective condition of packing in the case of goods which, by their 106 nature, are liable to wastage or to be damaged when not packed or when not properly packed; (c) Handling, loading, stowage or unloading of the goods by the sender, the consignee 107 or person acting on behalf of the sender or the consignee; (d) The nature of certain kinds of goods which particularly exposes them to total or par- 108 tial loss or to damage, especially through breakage, rust, decay, desiccation, leakage, normal wastage, or the action of moth or vermin; (f) Insufficiency or inadequacy of marks or numbers on the packages; 109 SiSU lexmercatoria.org 8
13 Online Touch Home