1.1 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 documents`, 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.

1.2 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, except insofar as they increase the responsibility or obligations of the multimodal transport operator.

2. Definitions

2.1 Multimodal transport contract (multimodal transport contract) means a single contract for the carriage of goods by at least two different modes of transport.

2.2 Multimodal transport operator (MTO) means any person who concludes a multimodal transport contract and assumes responsibility for the performance thereof as a carrier.

2.3 Carrier means the person who actually performs or undertakes to perform the carriage, or part thereof, whether he is identical with the multimodal transport operator or not.

2.4 Consignor means the person who concludes the multimodal transport contract with the multimodal transport operator.

2.5 Consignee means the person entitled to receive the goods from the multimodal transport operator.

2.6 Multimodal transport document (MT document) means a document evidencing a multimodal transport contract and which can be replaced by electronic data interchange messages insofar as permitted by applicable law and be,

(a) issued in a negotiable form or,

(b) issued in a non-negotiable form indicating a named consignee.

2.7 Taken in charge means that the goods have been handed over to and

accepted for carriage by the MTO.

2.8 Delivery means

(a) the handing over of the goods to the consignee, or

(b) the placing of the goods at the disposal of the consignee in

accordance with the multimodal transport contract or with the law or usage

of the particular trade applicable at the place of delivery, or

(c) the handing over of the goods to an authority or other third

party to whom, pursuant to the law or regulations applicable at the place

of delivery, the goods must be handed over.

2.9 Special Drawing Right (SDR) means the unit of account as defined

by the International Monetary Fund.

2.10 Goods means any property including live animals as well as

containers, pallets or similar articles of transport or packaging not

supplied by the MTO, irrespective of whether such property is to be or is

carried on or under deck.

3. Evidentiary effect of the information contained in the multi-modal transport document

The information in the MT document shall be prima facie evidence of

the taking in charge by the MTO of the goods as described by such

and count`, `shipper-packed container` or similar expressions, has been

made in the printed text or superimposed on the document. Proof to the

contrary shall not be admissible when the MT document has been

transferred, or the equivalent electronic data interchange message has

been transmitted to and acknowledged by the consignee who in good faith

has relied and acted thereon.

4. Responsibilities of the multimodal transport operator

4.1 Period of responsibility

The responsibility of the MTO for the goods under these Rules coversthe period from the time the MTO has taken the goods in his charge to thetime of their delivery.

4.2 The liability of the MTO for his servants, agents and otherpersons

The multimodal transport operator shall be responsible for the actsand omissions of his servants or agents, when any such servant or agent isacting within the scope of his employment, or of any other person ofwhose services he makes use for the performance of the contract, as ifsuch acts and omissions were his own.

4.3 Delivery of the goods to the consignee

The MTO undertakes to perform or to procure the performance of allacts necessary to ensure delivery of the goods:

(a) when the MT document has been issued in a negotiable form `tobearer`, to the person surrendering one original of the document, or

(b) when the MT document has been issued in a negotiable form `toorder`, to the person surrendering one original of the document dulyendorsed, or

(c) when the MT document has been issued in a negotiable form to a named person, to that person upon proof of his identity and surrender of one original document; if such document has been transferred `to order` or in blank the provisions of (b) above apply, or

(d) when the MT document has been issued in a non-negotiable form, to the person named as consignee in the document upon proof of hisidentity, or

5. Liability of the multimodal transport operator　

5.1 Basis of Liability

contributed to the loss, damage or delay in delivery. However, the MTO

shall not be liable for loss following from delay in delivery unless the

consignor has made a declaration of interest in timely delivery which has

been accepted by the MTO.

5.2 Delay in delivery

Delay in delivery occurs when the goods have not been delivered within

the time expressly agreed upon or, in the absence of such agreement,

within the time which it would be reasonable to require of a diligent MTO,

having regard to the circumstances of the case.

5.3 Conversion of delay into final loss

If the goods have not been delivered within ninety consecutive days

following the date of delivery determined according to Rule 5.2, the

claimant may, in the absence of evidence to the contrary, treat the goods

as lost.

5.4 Defences for carriage by sea or inland waterways

Notwithstanding the provisions of Rule 5.1. the MTO shall not be

responsible for loss, damage or delay in delivery with respect to goods

carried by sea or inland waterways when such loss, damage or delay during

such carriage has been caused by:

. act, neglect, or default of the master, mariner, pilot or the

servants of the carrier in the navigation or in the management of the

ship,

. fire, unless caused by the actual fault or privity of the

carrier, however, always provided that whenever loss or damage has

resulted from unseaworthiness of the ship, the MTO can prove that due

diligence has been exercised to make the ship seaworthy at the

commencement of the voyage.

5.5 Assessment of compensation

5.5.1 Assessment of compensation for loss of or damage to the goods

shall be made by reference to the value of such goods at the place and

time they are delivered to the consignee or at the place and time when, in

accordance with the multimodal transport contract, they should have been

so delivered.

5.5.2 The value of the goods shall be determined according to the

current commodity exchange price or, 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 the normal value of goods of the

same kind and quality.

【章名】 6. Limitation of liability of the multimodal transport operator

6.1 Unless the nature and value of the goods have been declared by the

consignor before the goods have been taken in charge by the MTO and

inserted in the MT document, the MTO shall in no event be or become liable

for any loss of or damage to the goods in an amount exceeding the

equivalent of 666.67 SDR per package or unit or 2 SDR per kilogramme of

gross weight of the goods lost or damaged, whichever is the higher.

6.2 Where a container, pallet or similar article of transport is

loaded with more than one package or unit, the packages or other shipping

units enumerated in the MT document as packed in such article of transport

are deemed packages or shipping units. Except as aforesaid, such article

of transport shall be considered the package or unit.

6.3 Notwithstanding the above-mentioned provisions, if the multimodal

transport does not, according to the contract, include carriage of goods

by sea or by inland waterways, the liability of the MTO shall be limited

to an amount not exceeding 8.33 SDR per kilogramme of gross weight of the

goods lost or damaged.

6.4 When the loss of or damage to the goods occurred during one

particular stage of the multimodal transport, in respect of which an

applicable international convention or mandatory national law would have

provided another limit of liability if a separate contract of carriage had

been made for that particular stage of transport, then the limit of the

MTO`s liability for such loss or damage shall be determined by reference

to the provisions of such convention or mandatory national law.

6.5 If the MTO is liable in respect of loss following from delay in

delivery, or consequential loss or damage other than loss of or damage to

the goods, the liability of the MTO shall be limited to an amount not

exceeding the equivalent of the freight under the multimodal transport

contract for the multimodal transport.

6.6 The aggregate liability of the MTO shall not exceed the limits of

liability for total loss of the goods.

【章名】 7. Loss of the right of the multimodal transport operator to limitliability

The MTO is not entitled to the benefit of the limitation of liability

if it is proved that the loss, damage or delay in delivery resulted from

a personal act or omission of the MTO done with the intent to cause such

loss, damage or delay, or recklessly and with knowledge that such loss,

damage or delay would probably result.

 8. Liability of the consignor

8.1 The consignor shall be deemed to have guaranteed to the MTO the

accuracy, at the time the goods were taken in charge by the MTO, of all

particulars relating to the general nature of the goods, their marks,

number, weight, volume and quantity and, if applicable, to the dangerous

character of the goods, as furnished by him or on his behalf for insertion

in the MT document.

8.2 The consignor shall indemnify the MTO against any loss resulting

from inaccuracies in or inadequacies of the particulars referred to above.

9. Notice of loss or damage to the goods

10. Time-bar

The MTO shall, unless otherwise expressly agreed, be discharged of all liability under these Rules unless suit is brought within 9 month after the delivery of the goods, or the date when the goods should have been delivered, or the date when in accordance with Rule 5.3, failure to deliver the goods would give the consignee the right to treat the goods as lost.

11. Applicability of the rules to actions in tort

These Rules apply to all claims against the MTO relating to the performance of the multimodal transport contract, whether the claim be founded in contract or in tort.

The Rules apply whenever claims relating to the performance of the multimodal transport contract are made against any servant, agent or other person whose services the MTO has used in order to perform the multimodal transport contract, whether such claims are founded in contract or in tort, and the aggregate liability of the MTO of such servants, agents or other persons shall not exceed the limits in Rule 6.

13. Mandatory law

These Rules shall take effect to the extent that they are not contrary to the mandatory provisions of international conventions or national law applicable to the multimodal transport contract.