Saturday, 11 October 2014

Defense and Limits for Multimodal Transport Operator





Defense and Limits for MTO


-----     The defenses and the limits of the liabilities provided for in this Multimodal transport Document shall apply in action against the Multimodal Transport Operator in respect of loss resulting from loss of or damage to goods; delay in delivery and any consequential loss or damage arising from such delay. 

-----     If any action in respect of loss resulting from loss of, or damage to, the goods or from delay in delivery is brought against the servant or agent of the Multimodal Transport Operator, if such servant or agent proves that the acted within the scope of his employment, or against any other person whose service he makes use for the performance of the Multimodal Transport Contract, if such other person proves that he acted within the performance of the contract, the servant or agent or such other person shall be entitled avail himself of the defenses and limits of liability which the Multimodal Transport Operator is entitled to invoke under this Multimodal Transport Document.

-----     Except as provided for liability of delay, as mentioned below, the aggregate of the amount recoverable from the Multimodal Transport Operator and from a servant or agent or any other person of whose service he makes use of for this performance of the Multimodal Transport Contract shall not exceed the limits of liability provided for in this Multimodal Transport Document.    

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