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) (g) The carriage of livestock. 110 5. Where under this article the carrier is not under any liability in respect some of the 111 factors causing the loss, damage or delay, he shall only be liable the extent that those factors for which he is liable under this article have contributed to the loss, damage or delay. Article 18 112 1. The burden of proving that loss, damage or delay was due to one of the specified in 113 article 17, paragraph 2, shall rest upon the carrier. 2. When the carrier establishes that in the circumstances of the case, the loss damage 114 could be attributed to one or more of the special risks referred to in article 17, paragraph 4, it shall be presumed that it was so caused. The claimant shall, however, be entitled to prove that the loss or damage was not, in fact, attributable either wholly or partly to one of these risks. 3. This presumption shall not apply in the circumstances set out in article 17, paragraph 115 4 (a), if there has been an abnormal shortage, or a loss of any package. 4. If the carriage is performed in vehicles specially equipped to protect the goods from 116 the effects of heat, cold, variations in temperature or the humidity of the air, the carrier shall not be entitled to claim the benefit of article 17, paragraph 4 (d), unless he proves that all steps incumbent on him in the circumstances with respect to the choice, maintenance and use of such equipment were taken and that he complied with any special instructions issued to him. 5. The carrier shall not be entitled to claim the benefit of article 17, paragraph 4 (f), unless he proves that all steps normally incumbent on him in the circumstances were taken and that he complied with any special instructions issued to him. Article 19 118 Delay in delivery shall be said to occur when the goods have not been delivered within 119 the agreed time-limit or when, failing an agreed time-limit, the actual duration of the carriage having regard to the circumstances of the case, and in particular, in the case of partial loads, the time required for making up a complete load in the normal way, exceeds the time it would be reasonable to allow a diligent carrier. Article 20 120 1. The fact that goods have not been delivered within thirty days following the expiry of 121 the agreed time-limit, or, if there is no agreed time-limit, within sixty days from the time when the carrier took over the goods, shall be conclusive evidence of the loss of the goods, and the person entitled to make a claim may thereupon treat them as lost. 117 SiSU lexmercatoria.org 9
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