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 24 140 The sender may, against payment of a surcharge to be agreed upon, declare in the 141 consignment note a value for the goods exceeding the limit laid down in article 23, paragraph 3, and in that case the amount of the declared value shall be substituted for that limit. Article 25 142 1. In case of damage, the carrier shall be liable for the amount by which the goods 143 have diminished in value, calculated by reference to the value of the goods fixed in accordance with article 23, paragraphs 1, 2 and 4. 2. The compensation may not, however, exceed: 144 (a) If the whole consignment has been damaged, the amount payable in the case of 145 total loss; (b) If part only of the consignment has been damaged, the amount payable in the case 146 of loss of the part affected. Article 26 147 1. The sender may, against payment of a surcharge to be agreed upon, fix the amount 148 of a special interest in delivery in the case of loss or damage or of the agreed time-limit being exceeded, by entering such amount in the consignment note. 2. If a declaration of a special interest in delivery has been made, compensation for 149 the additional loss or damage proved may be claimed, up to the total amount of the interest declared, independently of the compensation provided for in articles 23, 24 and 25. Article 27 150 1. The claimant shall be entitled to claim interest on compensation payable. Such 151 interest, calculated at five per centum per annum, shall accrue from the date on which the claim was sent in writing to the carrier or, if no such claim has been made, from the date on which legal proceedings were instituted. 2. When the amounts on which the calculation of the compensation is based are not 152 expressed in the currency of the country in which payment is claimed, conversion shall be at the rate of exchange applicable on the day and at the place of payment of compensation. SiSU lexmercatoria.org 12
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