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Trasportation contract

  Airfreight International Seafreight International International Road European Area
Terms of application

WarsavTreaty of 1929 modified by 4 subsequent protocols.

a) Brussels Treaty of 1924 modified in 1968 and 1979 (Haya-Visby Rules)
b)Hamburg Rules of 1978.
c)Maritime Transportation Law of 1949.

CMR Geneva Treaty 1956
Document
Airway bill of lading (AWB)
Bill of lading
Consignment note CMR

Transp. Coordinator
Freight Forwarder IATA agent
Freight Forwarder.Shipping Agent
Freight Forwarder.Trucking Company ,Carrier.

Issue of document
Air Company or IATA agent
Ship Owner, Captain, Shipping Agent ,Freigth Forwarder.
Freight Forwarder.Trucking Company ,Carrier.

Type of document
No securities. Non negotiable.
Securities,negotiable
Susceptible to be non negotiable
No securities.Non negotiable (except agreed)

Period of contractual execution
Airport designated in AWB to Airport designated in AWB
(Period "under care of" carrier)
a) From laden on board until discharged on pier.
b) R. Hamburg: From acceptance until delivery (under carriers custody)
From the place of loading until the place of unloading which figures in the CMR or other equivalent document.

System of responsability for loss or fault
Presumed guilt.Exoneration if there is proof of:
Due diligence,force majeure
C. Br.: Responsible for commercial faults.Not responsible for nautical faults and other 16 cases. R Hamburg:
Presumed guilt almost objective . Exoneration for due diligence and other exceptional cases.
Presumed guilt.Exonaration if there is proof of: Sender blame, force majeure, fortuitous cases ,opened vehicles, deficient packing,sender stowage.

Delay
Fixed date:next day
Non fixed date; reasonable time
C. Br.Maritime Transportation Law: ot contemplated R.Hamburg: fixed date: next day non fixed date:reasonable time.

Fixed date:next day: if more than 30 days, lost goods.
Non fixed date:reasonable time:
If more than 60 days after loading,lost goods.


Contingency Reserves
Throught damage
a) Evident faults: at delivery
b)Concealed damages:14 natural days (action required)
Though delay:21 days from delivery at destination.
Throught damage : Evident faults: C. Br.: at delivery; R. Hamb.: 1 working day . Concealed Damages: C. Br.: 3 natural days; R. Hamb.: 15 working days.Through delay (only R.Hamburg):60 days from delivery
Throught damage
a) Evident faults: at delivery
b)Concealed damages:7 working days
Though delay:21 days from delivery (action required)

Prescription
Period
2 years,expiry
C.Br.: 1year since delivery. R. Hamb.: 2 years.
1 year ;if unfair, 3 years

Compensation
Limits
17 DEG/Kg (±22 US$/Kg)
Without emission of AWB or no mention of weight:nolimits
C.Br.:Biggest between:
*666,67 DEG/bulk or unit
*2 DEG/kg gross
(does not regulate delay)
R. Hamb.: Biggest between *835 DEG/bulk *2,5 DEG/Kg
Delay: 2,5 times the freight.
a) Per loss or damage: 8,33 DEG/Kg
b) Delay: transportation rate.

Freight claim
period
6 months
6 months
15 months from conclusion of transportation contract.
 
 

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