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 value of the goods shall be fixed according to the commodity exchange price or, 132 if there is no such price, according to the current market price or, if there is no commodity exchange price or current market price, by reference to normal value of goods of the same kind and quality. 3. Compensation shall not, however, exceed 8.33 units of account per kilogram of gross 133 weight short. 4. In addition, the carriage charges, Customs duties and other charges incurred in 134 respect of the carriage of the goods shall be refunded in full in case of total loss and in proportion to the loss sustained in case of partial loss, but no further damage shall be payable. 5. In the case of delay if the claimant proves that damage has resulted therefrom the 135 carrier shall pay compensation for such damage not exceeding the carriage charges. 6. Higher compensation may only be claimed where the value of the goods or a special 136 interest in delivery has been declared in accordance with articles 24 and 26. 7. The unit of account mentioned in this Convention is the Special Drawing Right as 137 defined by the International Monetary Fund. The amount mentioned in paragraph 3 of this article shall be converted into the national currency of the State of the Court seized of the case on the basis of the value of that currency on the date of the judgment or the date agreed upon by the Parties. The value of the national currency, in terms of the Special Drawing Right, of a State which is a member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect on the date in question for its operations and transactions. The value of the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by the State. 8. Nevertheless, a State which is not a member of the International Monetary Fund and 138 whose law does not permit the application of the provisions of paragraph 7 of this article may, at the time of ratification of or accession to the Protocol to the CMR or at any time thereafter, declare that the limit of liability provided for in paragraph 3 of this article to be applied in its territory shall be 25 monetary units. The monetary unit referred to in this paragraph corresponds to the 10/31 gram of gold of millesimal fineness nine hundred. The conversion shall be made according to the law of the State concerned. 9. The calculation mentioned in the last sentence of paragraph 7 of this article and the 139 conversion mentioned in paragraph 8 of this article shall be made in such a manner as to express in the national currency of the State as far as possible the same real value for the amount in paragraph 3 of this article as is expressed there in units of account. States shall communicate to the Secretary-General of the United Nations the manner of calculation pursuant to paragraph 7 of this article or the result of the conversion in paragraph 8 of this article as the case may be, when depositing an instrument referred to in Article 3 of the Protocol to the CMR and whenever there is a change in either. SiSU lexmercatoria.org 11
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