Applicability for Multimodal Transport Document :- These rules apply when they are incorporated, however this is made, in writing, orally or otherwise, into a contract of carriage by reference to the “UNCTAD/ICC Rules for Multimodal Transport Document” , irrespective of whether there is a Unimodal or a Multimodal Transport Contract involving one or several modes of transport or whether a document has been issued or not. Whenever such a reference is made, the parties agree that these rules shall supersede any additional terms of the Multimodal Transport Contract which are in conflict with these rules, expect insofar as they increased the responsibility or obligations of the Multimodal Transport Operator. Multimodal Transport Contract means a single contract for the carriage of goods by at least two different modes of transport and Multimodal Transport Operator means the person who concludes a Multimodal Transport Contract and assumes responsibility for the perf
Showing posts from September, 2014
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By Ajit Mishra (CMILT) -
Evidentiary Effect of the Multimodal Transport Documents :- 1) The Multimodal Transport Document shall be prima facia evidence of the taking in charge by the Multimodal Transport Operator of goods as described therein. 2) Proof of contrary by the Multimodal Transport Operator shall not be admissible if the Multimodal Transport Document issued in negotiable form and has been transferred to a third party, including a consignee, who has acted in good faith in reliance on the description of goods there in. Negotiability and Title of the Goods :- By accepting the Multimodal Transport Document the consignor and his transferees agree with the Multimodal Transport Operator that, unless it is marked "non- negotiable" it shall constitute title to the goods and the holder, by endorsement of this Multimodal Transport Document, shall be entitled to receiver to transfer the goods mentioned in this Multimodal Transport Document.