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) 2. The person so entitled may, on receipt of compensation for the missing goods, 122 request in writing that he shall be notified immediately should the goods be recovered in the course of the year following the payment of compensation. He shall be given a written acknowledgement of such request. 3. Within the thirty days following receipt of such notification, the person entitled as 123 aforesaid may require the goods to be delivered to him against payment of the charges shown to be due on the consignment note and also against refund of the compensation he received less any charges included therein but without prejudice to any claims to compensation for delay in delivery under article 23 and where applicable, article 26. 4. In the absence of the request mentioned in paragraph 2 or of any instructions given 124 within the period of thirty days specified in paragraph 3, or if the goods are not recovered until more than one year after the payment of compensation , the carrier shall be entitled to deal with them in accordance with the law place where the goods are situated. Article 21 125 Should the goods have been delivered to the consignee without collection of the “cash 126 on delivery” charge which should have been collected by the carrier under terms of the contract of carriage, the carrier shall be liable to the sender for compensation not exceeding the amount of such charge without prejudice to his right of action against the consignee. Article 22 127 1. When the sender hands goods of a dangerous nature to the carrier, he shall inform 128 the carrier of the exact nature of the danger and indicate if necessary, precautions to be taken. If this information has not been entered in the consignment note, the burden of proving, by some other means, that the carrier knew the exact nature of the danger constituted by the carriage of the said goods shall rest upon the sender or the consignee. 2. Goods of a dangerous nature which, in the circumstance referred to in paragraph 1 129 of this article, the carrier did not know were dangerous, may, at any time or place, be unloaded, destroyed or rendered harmless by the carrier without compensation; further, the sender shall be liable for all expenses, loss or damage arising out of their handing over for carriage or of their carriage. Article 23 130 1. When, under the provisions of this Convention, a carrier is liable for compensation 131 in respect of total or partial loss of goods, such compensation shall be calculated by reference to the value of the goods at the place and time at which they were accepted for carriage. SiSU lexmercatoria.org 10
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