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 9 63 1. The consignment note shall be prima facie evidence of the making of the contract of 64 carriage, the conditions of the contract and the receipt of the goods by the carrier. 2. If the consignment note contains no specific reservations by the carrier, it shall be 65 presumed, unless the contrary is proved, that the goods and their packaging appeared to be in good condition when the carrier took them over and that the number of packages, their marks and numbers corresponded with the statements in the consignment note. Article 10 66 The sender shall be liable to the carrier for damage to persons, equipment or other 67 goods, and for any expenses due to defective packing of the goods, unless the defect was apparent or known to the carrier at the time when he took over the goods and he made no reservations concerning it. Article 11 68 1. For the purposes of the Customs or other formalities which have to be completed 69 before delivery of the goods, the sender shall attach the necessary documents to the consignment note or place them at the disposal of the carrier and shall furnish him with all the information which he requires. 2. The carrier shall not be under any duty to enquire into either the accuracy or the 70 adequacy of such documents and information. The sender shall be liable to the carrier for any damage caused by the absence, inadequacy or irregularity of such documents and information, except in the case of some wrongful act or neglect on the part of the carrier. 3. The liability of the carrier for the consequences arising from the loss or incorrect use 71 of the documents specified in and accompanying the consignment note or deposited with the carrier shall be that of an agent, provided that the compensation payable by the carrier shall not exceed that payable in the event of loss of the goods. Article 12 72 1. The sender has the right to dispose of the goods, in particular by asking the carrier 73 to stop the goods in transit, to change the place at which delivery is to take place or to deliver the goods to a consignee other than the consignee indicated in the consignment note. 2. This right shall cease to exist when the second copy of the consignment note is 74 handed to the consignee or when the consignee exercises his right under article 13, SiSU lexmercatoria.org 5
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