{"id":7190,"date":"2021-01-31T16:45:52","date_gmt":"2021-01-31T16:45:52","guid":{"rendered":"https:\/\/gokbora.com\/2021\/?page_id=7190"},"modified":"2021-11-25T19:22:06","modified_gmt":"2021-11-25T19:22:06","slug":"insurance","status":"publish","type":"page","link":"https:\/\/gokbora.com\/en\/insurance\/","title":{"rendered":"Insurance"},"content":{"rendered":"[vc_row type=”in_container” full_screen_row_position=”middle” scene_position=”center” text_color=”dark” text_align=”left” top_padding=”5%” bottom_padding=”5%” overlay_strength=”0.3″ shape_divider_position=”bottom” bg_image_animation=”none” shape_type=””][vc_column column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_link_target=”_self” column_shadow=”none” column_border_radius=”none” width=”2\/3″ tablet_width_inherit=”default” tablet_text_alignment=”default” phone_text_alignment=”default” column_border_width=”none” column_border_style=”solid” bg_image_animation=”none”][split_line_heading]\n

Insurance<\/h2>\n[\/split_line_heading][vc_column_text]<\/a>[\/vc_column_text][tabbed_section style=”default” alignment=”left” spacing=”default” tab_color=”Accent-Color”][tab icon_family=”none” title=”Freight Insurance” id=”1637867996424-2″ tab_id=”1637867996436-5″][vc_column_text]Carrier Liability Insurance (CMR)<\/strong><\/p>\n

It is a policy that covers the liabilities of the carrier for good damage or lost during transport. The liability of the carrier in cases of damage and loss in international transportation is set out by the CMR Convention. Gokbora CMR transport documents are insured by Eureko Insurance company.<\/p>\n

This convention, developed by the United Nations, was signed by Turkey in 1995 and entered into force.<\/p>\n

Since the \u201cCMR\u201d insurance covers certain limits and the carrier takes responsibility for the actual weight of the goods, we recommend you to have special road transport insurance for your goods.[\/vc_column_text][\/tab][tab icon_family=”none” title=”CMR Convantion” id=”1637868000852-0″ tab_id=”1637868000864-1″][vc_column_text]\n

\"\"<\/a> \"\"<\/a><\/p>\n

Convention on the Contract for the International Carriage of Goods by Road
\n(CMR) (Geneva, 19 May 1956)
\nPreamble
\n[Preamble]\nThe Contracting Parties,
\nHaving recognized the desirability of standardizing the conditions governing the contract for
\nthe international carriage of goods by road, particularly with respect to the documents used
\nfor such carriage and to the carrier\u2019s liability,
\nHave agreed as follows:
\nChapter 1 \u2013 Scope of Application
\nArticle 1
\n1. This Convention shall apply to every contract for the carriage of goods by road in vehicles
\nfor reward, when the place of taking over of the goods and the place designated for delivery,
\nas specified in the contract, are situated in two different countries, of which at least one is a
\ncontracting country, irrespective of the place of residence and the nationality of the parties.
\n2. For the purpose of this Convention, \u201cvehicles\u201d means motor vehicles, articulated vehicles,
\ntrailers and semi-trailers as defined in article 4 of the Convention on Road
\nTraffic dated 19 September 1949.
\n3. This Convention shall apply also where carriage coming within its scope is carried out
\nby States or by governmental institutions or organizations.
\n4. This Convention shall not apply:
\n(a) To carriage performed under the terms of any international postal convention;
\n(b) To funeral consignments;
\n(c) To furniture removal.
\n5. The Contracting Parties agree not to vary any of the provisions of this Convention by
\nspecial agreements between two or more of them, except to make it inapplicable to their
\nfrontier traffic or to authorize the use in transport operations entirely confined to their
\nterritory of consignment notes representing a title to the goods.
\nArticle 2
\n1. Where the vehicle containing the goods is carried over part of the journey by sea, rail,
\ninland waterways or air, and, except where the provisions of article 14 are applicable, the
\ngoods are not unloaded from the vehicle, this Convention shall nevertheless apply to the
\nwhole of the carriage. Provided that to the extent it is proved that any loss, damage or delay
\nin delivery of the goods which occurs during the carriage by the other means of transport
\nwas not caused by act or omission of the carrier by road, but by some event which could only
\noccurred in the course of and by reason of the carriage by that other means of transport,
\nthe liability of the carrier by road shall be determined not by this convention but in the
\nmanner in which the liability of the carrier by the other means of transport would have been
\ndetermined if a contract for the carriage the goods alone had been made by the sender with
\nthe carrier by the other means of transport in accordance with the conditions prescribed by
\nlaw for the carriage of goods by that means of transport. If, however, there are no such
\nprescribed conditions, the liability of the carrier by road shall be determined by this
\nconvention.
\n2. If the carrier by road is also himself the carrier by the other means of transport, his liability
\nshall also be determined in accordance with the provisions paragraph 1 of this article, but as
\nif, in his capacities as carrier by road and carrier by the other means of transport, he were
\ntwo separate persons.
\nChapter II \u2013 Persons for whom the Carrier is Responsible
\nArticle 3
\nFor the purposes of this Convention the carrier shall be responsible for the acts of omissions
\nof his agents and servants and of any other persons of whose services he makes use for the
\nperformance of the carriage, when such agents, servants or other persons are acting within
\nthe scope of their employment, as if such acts or omissions were his own.
\nChapter III \u2013 Conclusion and Performance of the Contract of Carriage
\nArticle 4
\nThe contract of carriage shall be confirmed by the making out of a consignment note.
\nThe absence, irregularity or loss of the consignment note shall not affect the existence or
\nthe validity of the contract of carriage which shall remain subject the provisions of this
\nConvention.
\nArticle 5
\n1. The consignment note shall be made out in three original copies signed by the sender and
\nby the carrier. These signatures may be printed or replaced by the stamps of the sender and
\nthe carrier if the law of the country in which the consignment note has been made out so
\npermits. The first copy shall be handed to the sender, the second shall accompany the goods
\nand the third shall be retained by the carrier.
\n2. When the goods which are to be carried have to be loaded in different vehicles, or are of
\ndifferent kinds or are divided into different lots, the sender or the carrier shall have the right
\nto require a separate consignment note to be made out for each vehicle used, or for each
\nkind or lot of goods.
\nArticle 6
\n1. The consignment note shall contain the following particulars:
\n(a) The date of the consignment note and the place at which it is made out;
\n(b) The name and address of the sender;
\n(c) The name and address of the carrier;
\n(d) The place and the date of taking over of the goods and the place designated for delivery;
\n(e) The name and address of the consignee;
\n(f) The description in common use of the nature of the goods and the method of packing,
\nand, in the case of dangerous goods, their generally recognized description;
\n(g) The number of packages and their special marks and numbers;
\n(h) The gross weight of the goods or their quantity otherwise expressed;
\n(i) Charges relating to the carriage (carriage charges, supplementary charges, customs
\nduties and other charges incurred from the making of the contract to the time of delivery);
\n(j) The requisite instructions for Customs and other formalities;
\n(k) A statement that the carriage is subject, notwithstanding any clause to the contrary,
\nto the provisions of this Convention.
\n2. Where applicable, the consignment note shall also contain the following particulars:
\n(a) A statement that trans-shipment is not allowed;
\n(b) Then charges which the sender undertakes to pay;
\n(c) The amount of \u201ccash on delivery\u201d charges;
\n(d) A declaration of the value of the goods and the amount representing special interest in
\ndelivery;
\n(e) The sender\u2019s instructions to the carrier regarding insurance of the goods;
\n(f) The agreed time limit within which the carriage is to be carried out;
\n(g) A list of the documents handed to the carrier.
\n3. The parties may enter in the consignment note any other particulars which they may
\ndeem useful.
\nArticle 7
\n1. The sender shall be responsible for all expenses, loss and damage sustained by the carrier
\nby reason of the inaccuracy or inadequacy of:
\n(a) The particulars specified in article 6, paragraph 1, (b), (d), (e), (f), (g), (h) and (j);
\n(b) The particular specified in article 6, paragraph 2;
\n(c) Any other particulars or instructions given by him to enable the consignment note to be
\nmade out or for the purpose of their being entered therein.
\n2. If, at the request of the sender, the carrier enters in the consignment note the particulars
\nreferred to in paragraph 1 of this article, he shall be deemed, unless the contrary is proved,
\nto have done so on behalf of the sender.
\n3. If the consignment note does not contain the statement specified in article 6, paragraph
\n1 (k), the carrier shall be liable for all expenses, loss and damage sustained through such
\nomission by the person entitled to dispose of the goods.
\nArticle 8
\n1. On taking over the goods, the carrier shall check:
\n(a) The accuracy of the statements in the consignment note as to the number of packages
\nand their marks and numbers, and
\n(b) The apparent condition of the goods and their packaging.
\n2. Where the carrier has no reasonable means of checking the accuracy of e statements
\nreferred to in paragraph 1 (a) of this article, he shall enter his reservations in the
\nconsignment note together with the grounds on which they are based. He shall likewise
\nspecify the grounds for any reservations which he makes with regard to the apparent
\ncondition of the goods and their packaging, such reservations shall not bind the sender
\nunless he has expressly agreed to be bound by them in the consignment note.
\n3. The sender shall be entitled to require the carrier to check the gross weight the goods or
\ntheir quantity otherwise expressed. He may also require the contents of the packages to be
\nchecked. The carrier shall be entitled to claim the cost of such checking. The result of the
\nchecks shall be entered in the consignment note.
\nArticle 9
\n1. The consignment note shall be prima facie evidence of the making of the contract of
\ncarriage, the conditions of the contract and the receipt of the goods by the carrier.
\n2. If the consignment note contains no specific reservations by the carrier, it shall be
\npresumed, unless the contrary is proved, that the goods and their packaging appeared to be
\nin good condition when the carrier took them over and that the number of packages, their
\nmarks and numbers corresponded with the statements in the consignment note.
\nArticle 10
\nThe sender shall be liable to the carrier for damage to persons, equipment or other goods,
\nand for any expenses due to defective packing of the goods, unless the defect was apparent
\nor known to the carrier at the time when he took over the goods and he made no
\nreservations concerning it.
\nArticle 11
\n1. For the purposes of the Customs or other formalities which have to be completed before
\ndelivery of the goods, the sender shall attach the necessary documents to the consignment
\nnote or place them at the disposal of the carrier and shall furnish him with all the information
\nwhich he requires.
\n2. The carrier shall not be under any duty to enquire into either the accuracy or the
\nadequacy of such documents and information. The sender shall be liable to the carrier for any
\ndamage caused by the absence, inadequacy or irregularity of such documents and
\ninformation, except in the case of some wrongful act or neglect on the part of the carrier.
\n3. The liability of the carrier for the consequences arising from the loss or incorrect use of the
\ndocuments specified in and accompanying the consignment note or deposited with the carrier
\nshall be that of an agent, provided that the compensation payable by the carrier shall not
\nexceed that payable in the event of loss of the goods.
\nArticle 12
\n1. The sender has the right to dispose of the goods, in particular by asking the carrier to stop
\nthe goods in transit, to change the place at which delivery is to take place or to deliver the
\ngoods to a consignee other than the consignee indicated in the consignment note.
\n2. This right shall cease to exist when the second copy of the consignment note is handed to
\nthe consignee or when the consignee exercises his right under article 13, paragraph 1; from
\nthat time onwards the carrier shall obey the orders of the consignee.
\n3. The consignee shall, however, have the right of disposal from the time when the
\nconsignment note is drawn up, if the sender makes an entry to that effect in the consignment
\nnote.
\n4. If in exercising his right of disposal the consignee has ordered the delivery of the goods
\nto another person, that other person shall not be entitled to name other consignees.
\n5. The exercise of the right of disposal shall be subject to the following conditions:
\n(a) That the sender or, in the case referred to in paragraph 3 of this article, the consignee
\nwho wishes to exercise the right produces the first copy of the consignment note on which
\nthe new instructions to the carrier have been entered and indemnifies the carrier against all
\nexpenses, loss and damage involved in carrying out such instructions;
\n(b) That the carrying out of such instructions is possible at the time when the instructions
\nreach the person who is to carry them out and does not either interfere with the normal
\nworking of the carriers\u2019 undertaking or prejudice the senders or consignees of other
\nconsignments;
\n(c) That the instructions do not result in a division of the consignment.
\n6. When, by reason of the provisions of paragraph 5 (b) of this article, the carrier cannot
\ncarry out the instructions which he receives, he shall immediately notify the person who gave
\nhim such instructions.
\n7. A carrier who has not carried out the instructions given under the conditions provided for
\nin this article or who has carried them out without requiring the first copy of the consignment
\nnote to be produced, shall be liable to the person entitled to make a claim for any loss or
\ndamage caused thereby.
\nArticle 13
\n1. After arrival of the goods at the place designated for delivery, the consignee shall be
\nentitled to require the carrier to deliver to him, against a receipt, the second copy of the
\nconsignment note and the goods. If the loss of the goods established or if the goods have
\nnot arrived after the expiry of the period provided for in article 19, the consignee shall be
\nentitled to enforce in his own name against the carrier any rights arising from the contract
\nof carriage.
\n2. The consignee who avails himself of the rights granted to him under paragraph 1 of this
\narticle shall pay the charges shown to be due on the consignment note, but in the event of
\ndispute on this matter the carrier shall not be required to deliver the goods unless security
\nhas been furnished by the consignee.
\nArticle 14
\n1. If for any reason it is or becomes impossible to carry out the contract in accordance with
\nthe terms laid down in the consignment note before the goods reach the place designated for
\ndelivery, the carrier shall ask for instructions from the person entitled to dispose of the goods
\nin accordance with the provisions of article 12.
\n2. Nevertheless, if circumstances are such as to allow the carriage to be carried out under
\nconditions differing from those laid down in the consignment note and if the carrier has been
\nunable to obtain instructions in reasonable time the person entitled to dispose of the goods in
\naccordance with the provisions of article 12, he shall take such steps as seem to him to be in
\nthe best interests the person entitled to dispose of the goods
\nArticle 15
\n1. Where circumstances prevent delivery of the goods after their arrival at the place
\ndesignated for delivery, the carrier shall ask the sender for his instructions. If the consignee
\nrefuses the goods the sender shall be entitled to dispose of them without being obliged to
\nproduce the first copy of the consignment note.
\n2. Even if he has refused the goods, the consignee may nevertheless require delivery so long
\nas the carrier has not received instructions to the contrary from the sender.
\n3. When circumstances preventing delivery of the goods arise after the consignee, in exercise
\nof his rights under article 12, paragraph 3, has given an order for the goods to be delivered
\nto another person, paragraphs 1 and 2 of this article shall apply as if the consignee were the
\nsender and that other person were the consignee.
\nArticle 16
\n1. The carrier shall be entitled to recover the cost of his request for instructions and any
\nexpenses entailed in carrying out such instructions, unless such expenses were caused by
\nthe wrongful act or neglect of the carrier.
\n2. In the cases referred to in article 14, paragraph 1, and in article 15, the carrier may
\nimmediately unload the goods for account of the person entitled to dispose of them and
\nthereupon the carriage shall be deemed to be at an end. The carrier shall then hold the
\ngoods on behalf of the person so entitled. He may, however, entrust them to a third party,
\nand in that case he shall not be under any liability except for the exercise of reasonable care
\nin the choice of such third party. The charges due under the consignment note and all other
\nexpenses shall remain chargeable against the goods.
\n3. The carrier may sell the goods, without awaiting instructions from the person entitled to
\ndispose of them, if the goods are perishable or their condition warrants such a course, or
\nwhen the storage expenses would be out of proportion to the value of the goods. He may
\nalso proceed to the sale of the goods in other cases if after the expiry of a reasonable period
\nhe has not received from the person entitled to dispose of the goods instructions to the
\ncontrary which he may reasonably be required to carry out.
\n4. If the goods have been sold pursuant to this article, the proceeds of sale, after deduction
\nof the expenses chargeable against the goods, shall be placed at the disposal of the person
\nentitled to dispose of the goods. If these charges exceed the proceeds of sale, the carrier
\nshall be entitled to the difference.
\n5. The procedure in the case of sale shall be determined by the law or custom of the place
\nwhere the goods are situated.
\nChapter IV \u2013 Liability of the Carrier
\nArticle 17
\n1. The carrier shall be liable for the total or partial loss of the goods and for damage thereto
\noccurring between the time when he takes over the goods and the time of delivery, as well
\nas for any delay in delivery.
\n2. The carrier shall, however, be relieved of liability if the loss, damage or delay was caused
\nby the wrongful act or neglect of the claimant, by the instructions of the claimant given
\notherwise than as the result of a wrongful act or neglect on the part of the carrier, by
\ninherent vice of the goods or through circumstances which the carrier could not avoid and
\nthe consequences of which he was unable to prevent.
\n3. The carrier shall not be relieved of liability by reason of the defective condition of the
\nvehicle used by him in order to perform the carriage, or by reason of the wrongful act or
\nneglect of the person from whom he may have hired the vehicle or of the agents or servants
\nof the latter.
\n4. Subject to article 18, paragraphs 2 to 5, the carrier shall be relieved of liability when the
\nloss or damage arises from the special risks inherent in one more of the following
\ncircumstances:
\n(a) Use of open unsheeted vehicles, when their use has been expressly agreed and specified
\nin the consignment note;
\n(b) The lack of, or defective condition of packing in the case of goods which, by their nature,
\nare liable to wastage or to be damaged when not packed or when not properly packed;
\n(c) Handling, loading, stowage or unloading of the goods by the sender, the consignee or
\nperson acting on behalf of the sender or the consignee;
\n(d) The nature of certain kinds of goods which particularly exposes them to total or partial
\nloss or to damage, especially through breakage, rust, decay, desiccation, leakage, normal
\nwastage, or the action of moth or vermin;
\n(f) Insufficiency or inadequacy of marks or numbers on the packages;
\n(g) The carriage of livestock.
\n5. Where under this article the carrier is not under any liability in respect some of the factors
\ncausing the loss, damage or delay, he shall only be liable the extent that those factors for
\nwhich he is liable under this article have contributed to the loss, damage or delay.
\nArticle 18
\n1. The burden of proving that loss, damage or delay was due to one of the specified in article
\n17, paragraph 2, shall rest upon the carrier.
\n2. When the carrier establishes that in the circumstances of the case, the loss damage could
\nbe attributed to one or more of the special risks referred to in article 17, paragraph 4, it shall
\nbe presumed that it was so caused. The claimant shall, however, be entitled to prove that the
\nloss or damage was not, in fact, attributable either wholly or partly to one of these risks.
\n3. This presumption shall not apply in the circumstances set out in article 17, paragraph 4
\n(a), if there has been an abnormal shortage, or a loss of any package.
\n4. If the carriage is performed in vehicles specially equipped to protect the goods from the
\neffects of heat, cold, variations in temperature or the humidity of the air, the carrier shall not
\nbe entitled to claim the benefit of article 17, paragraph 4 (d), unless he proves that all steps
\nincumbent on him in the circumstances with respect to the choice, maintenance and use of
\nsuch equipment were taken and that he complied with any
\nspecial instructions issued to him.
\n5. The carrier shall not be entitled to claim the benefit of article 17, paragraph 4 (f), unless
\nhe proves that all steps normally incumbent on him in the circumstances were taken and that
\nhe complied with any special instructions issued to him.
\nArticle 19
\nDelay in delivery shall be said to occur when the goods have not been delivered within the
\nagreed time-limit or when, failing an agreed time-limit, the actual duration of the carriage
\nhaving regard to the circumstances of the case, and in particular, in the case of partial loads,
\nthe time required for making up a complete load in the normal way, exceeds the time it
\nwould be reasonable to allow a diligent carrier.
\nArticle 20
\n1. The fact that goods have not been delivered within thirty days following the expiry of the
\nagreed time-limit, or, if there is no agreed time-limit, within sixty days from the time when
\nthe carrier took over the goods, shall be conclusive evidence of the loss of the goods, and the
\nperson entitled to make a claim may thereupon treat them as lost.
\n2. The person so entitled may, on receipt of compensation for the missing goods, request in
\nwriting that he shall be notified immediately should the goods be recovered in the course of
\nthe year following the payment of compensation. He shall be given a written
\nacknowledgement of such request.
\n3. Within the thirty days following receipt of such notification, the person entitled as
\naforesaid may require the goods to be delivered to him against payment of the charges
\nshown to be due on the consignment note and also against refund of the compensation he
\nreceived less any charges included therein but without prejudice to any claims to
\ncompensation for delay in delivery under article 23 and where applicable, article 26.
\n4. In the absence of the request mentioned in paragraph 2 or of any instructions given within
\nthe period of thirty days specified in paragraph 3, or if the goods are not recovered until
\nmore than one year after the payment of compensation, the carrier shall be entitled to deal
\nwith them in accordance with the law place where the goods are situated.
\nArticle 21
\nShould the goods have been delivered to the consignee without collection of the \u201ccash on
\ndelivery\u201d charge which should have been collected by the carrier under terms of the contract
\nof carriage, the carrier shall be liable to the sender for compensation not exceeding the
\namount of such charge without prejudice to his right of action against the consignee.
\nArticle 22
\n1. When the sender hands goods of a dangerous nature to the carrier, he shall inform the
\ncarrier of the exact nature of the danger and indicate if necessary, precautions to be taken. If
\nthis information has not been entered in the consignment note, the burden of proving, by
\nsome other means, that the carrier knew the exact nature of the danger constituted by the
\ncarriage of the said goods shall rest upon the sender or the consignee.
\n2. Goods of a dangerous nature which, in the circumstance referred to in paragraph 1 of this
\narticle, the carrier did not know were dangerous, may, at any time or place, be unloaded,
\ndestroyed or rendered harmless by the carrier without compensation; further, the sender
\nshall be liable for all expenses, loss or damage arising out of their handing over for carriage
\nor of their carriage.
\nArticle 23
\n1. When, under the provisions of this Convention, a carrier is liable for compensation in
\nrespect of total or partial loss of goods, such compensation shall be calculated by reference
\nto the value of the goods at the place and time at which they were accepted for carriage.
\n2. The value of the goods shall be fixed according to the commodity exchange price or, if
\nthere is no such price, according to the current market price or, if there is no commodity
\nexchange price or current market price, by reference to normal value of goods of the same
\nkind and quality.
\n3. Compensation shall not, however, exceed 25 francs per kilogram of gross weight short.
\n\u201cFranc\u201d means the gold franc weighing 10\/31 of a gramme and being of millesimal fineness
\n900.
\n4. In addition, the carriage charges, Customs duties and other charges incurred in respect of
\nthe carriage of the goods shall be refunded in full in case of total loss and in proportion to the
\nloss sustained in case of partial loss, but no further damage shall be payable.
\n5. In the case of delay if the claimant proves that damage has resulted therefrom the carrier
\nshall pay compensation for such damage not exceeding the carriage charges.
\n6. Higher compensation may only be claimed where the value of the goods or a special
\ninterest in delivery has been declared in accordance with articles 24 and 26.
\nArticle 24
\nThe sender may, against payment of a surcharge to be agreed upon, declare in the
\nconsignment note a value for the goods exceeding the limit laid down in article 23, paragraph
\n3, and in that case the amount of the declared value shall be substituted for that limit.
\nArticle 25
\n1. In case of damage, the carrier shall be liable for the amount by which the goods have
\ndiminished in value, calculated by reference to the value of the goods fixed in
\naccordance with article 23, paragraphs 1, 2 and 4.
\n2. The compensation may not, however, exceed:
\n(a) If the whole consignment has been damaged, the amount payable in the case of total
\nloss;
\n(b) If part only of the consignment has been damaged, the amount payable in the case of
\nloss of the part affected.
\nArticle 26
\n1. The sender may, against payment of a surcharge to be agreed upon, fix the amount of a
\nspecial interest in delivery in the case of loss or damage or of the agreed time-limit being
\nexceeded, by entering such amount in the consignment note.
\n2. If a declaration of a special interest in delivery has been made, compensation for the
\nadditional loss or damage proved may be claimed, up to the total amount of the interest
\ndeclared, independently of the compensation provided for in articles 23, 24 and 25.
\nArticle 27
\n1. The claimant shall be entitled to claim interest on compensation payable. Such interest,
\ncalculated at five per centum per annum, shall accrue from the date on which the claim was
\nsent in writing to the carrier or, if no such claim has been made, from the
\ndate on which legal proceedings were instituted.
\n2. When the amounts on which the calculation of the compensation is based are not
\nexpressed in the currency of the country in which payment is claimed, conversion shall be at
\nthe rate of exchange applicable on the day and at the place of payment of compensation.
\nArticle 28
\n1. In cases where, under the law applicable, loss, damage or delay arising out of carriage
\nunder this Convention gives rise to an extra-contractual claim, the carrier may avail himself of
\nthe provisions of this Convention which exclude his liability of which fix or limit the
\ncompensation due.
\n2. In cases where the extra-contractual liability for loss, damage or delay of one of the
\npersons for whom the carrier is responsible under the terms of article 3 is in issue, such
\nperson may also avail himself of the provisions of this Convention which exclude the liability
\nof the carrier or which fix or limit the compensation due.
\nArticle 29
\n1. The carrier shall not be entitled to avail himself of the provisions of this chapter which
\nexclude or limit his liability or which shift the burden of proof if the damage was caused by
\nhis wilful misconduct or by such default on his part as, in accordance with the law of the
\ncourt or tribunal seised of the case, is considered as equivalent to wilful misconduct.
\n2. The same provision shall apply if the wilful misconduct or default is committed by the
\nagents or servants of the carrier or by any other persons of whose services he makes use for
\nthe performance of the carriage, when such agents, servants or other persons are acting
\nwithin the scope of their employment. Furthermore, in such a case such agents, servants or
\nother persons shall not be entitled to avail themselves, with regard to their personal liability,
\nof the provisions of this chapter referred to in paragraph 1.
\nChapter V \u2013 Claims and Actions
\nArticle 30
\n1. If the consignee takes delivery of the goods without duly checking their condition with the
\ncarrier or without sending him reservations giving a general indication of the loss or damage,
\nnot later than the time of delivery in the case of apparent loss or damage and within seven
\ndays of delivery, Sundays and public holidays excepted, in the case of loss or damage which
\nis not apparent, the fact of this taking delivery shall be prima facie, evidence that he has
\nreceived the goods in the condition described in the consignment note. In the case of loss or
\ndamage which is not apparent the reservations referred to shall be made in writing.
\n2. When the condition of the goods has been duly checked by the consignee and the carrier,
\nevidence contradicting the result of this checking shall only be admissible in the case of loss
\nor damage which is not apparent and provided that the consignee has duly sent reservations
\nin writing to the carrier within seven days, Sundays and public holidays excepted, from the
\ndate of checking.
\n3. No compensation shall be payable for delay in delivery unless a reservation has been sent
\nin writing to the carrier, within twenty-one days from the time that the goods were placed at
\nthe disposal of the consignee.
\n4. In calculating the time-limits provided for in this article the date of delivery, or the date of
\nchecking, or the date when the goods were placed at the disposal of the consignee, as the
\ncase may be, shall not be included.
\n5. The carrier and the consignee shall give each other every reasonable facility for making
\nthe requisite investigations and checks.
\nArticle 31
\n1. In legal proceedings arising out of carriage under this Convention, the plaintiff may bring
\nan action in any court or tribunal of a contracting country designated by agreement between
\nthe parties and, in addition, in the courts or tribunals of a country within whose territory:
\n(a) The defendant is ordinarily resident, or has his principal place of business, or the branch
\nor agency through which the contract of carriage was made, or (b) The place where the
\ngoods were taken over by the carrier or the place designated for delivery is situated. 2.
\nWhere in respect of a claim referred to in paragraph 1 of this article an action is pending
\nbefore a court or tribunal competent under that paragraph, or where in respect of such a
\nclaim a judgement has been entered by such a court or tribunal no new action shall be
\nstarted between the same parties on the same grounds unless the judgement of the court or
\ntribunal before which the first action was brought is not enforceable in the country in which
\nthe fresh proceedings are brought.
\n3. When a judgement entered by a court or tribunal of a contracting country in any such
\naction as is referred to in paragraph 1 of this article has become enforceable in that country,
\nit shall also become enforceable in each of the other contracting States, as soon as the
\nformalities required in the country concerned have been complied with. These formalities
\nshall not permit the merits of the case to be re-opened.
\n4. The provisions of paragraph 3 of this article shall apply to judgements after trial,
\njudgements by default and settlements confirmed by an order of the court, but shall not
\napply to interim judgements or to awards of damages, in addition to costs against a plaintiff
\nwho wholly or partly fails in his action.
\n5. Security for costs shall not be required in proceedings arising out of carriage under this
\nConvention from nationals of contracting countries resident or having their place of business
\nin one of those countries.
\nArticle 32
\n1. The period of limitation for an action arising out of carriage under this Convention shall be
\none year. Nevertheless, in the case of wilful misconduct, or such default as in accordance
\nwith the law of the court or tribunal seised of the case, is considered as equivalent to wilful
\nmisconduct, the period of limitation shall be three years. The period of limitation shall begin
\nto run:
\n(a) In the case of partial loss, damage or delay in delivery, from the date of delivery;
\n(b) In the case of total loss, from the thirtieth day after the expiry of the agreed time-limit or
\nwhere there is no agreed time-limit from the sixtieth day from the date on which the goods
\nwere taken over by the carrier;
\n(c) In all other cases, on the expiry of a period of three months after the making of the
\ncontract of carriage.
\nThe day on which the period of limitation begins to run shall not be included in the period.
\n2. A written claim shall suspend the period of limitation until such date as the carrier rejects
\nthe claim by notification in writing and returns the documents attached thereto. If a part of
\nthe claim is admitted the period of limitation shall start to run again only in respect of that
\npart of the claim still in dispute. The burden of proof of the receipt of the claim, or of the
\nreply and of the return of the documents, shall rest with the party relying upon these facts.
\nThe running of the period of limitation shall not be suspended by further claims having the
\nsame object.
\n3. Subject to the provisions of paragraph 2 above, the extension of the period of limitation
\nshall be governed by the law of the court or tribunal seized of the case. That law shall also
\ngovern the fresh accrual of rights of action.
\n4. A right of action which has become barred by lapse of time may not be exercised by way
\nof counterclaim or set-off.
\nArticle 33
\nThe contract of carriage may contain a clause conferring competence on an arbitration
\ntribunal if the clause conferring competence on the tribunal provides that the tribunal shall
\napply this Convention.
\nChapter VI \u2013 Provisions Relating to Carriage Performed by Successive Carriers
\nArticle 34
\nIf carriage governed by a single contract is performed by successive road carriers, each of
\nthem shall be responsible for the performance of the whole operation, the second carrier and
\neach succeeding carrier becoming a party to the contract of carriage, under the terms of the
\nconsignment note, by reason of his acceptance of the goods and the consignment note.
\nArticle 35
\n1. A carrier accepting the goods from a previous carrier shall give the latter a dated and
\nsigned receipt. He shall enter his name and address on the second copy of the consignment
\nnote. Where applicable, he shall enter on the second copy of the consignment note and on
\nthe receipt reservations of the kind provided for in article 8, paragraph 2.
\n2. The provisions of article 9 shall apply to the relations between successive carriers.
\nArticle 36
\nExcept in the case of a counterclaim or a setoff raised in an action concerning a claim based
\non the same contract of carriage, legal proceedings in respect of liability for loss, damage or
\ndelay may only be brought against the first carrier, the last carrier or the carrier who was
\nperforming that portion of the carriage during which the event causing the loss, damage or
\ndelay occurred, an action may be brought at the same time against several of these
\ncarriers.
\nArticle 37
\nA carrier who has paid compensation in compliance with the provisions of this Convention,
\nshall be entitled to recover such compensation, together with interest thereon and all costs
\nand expenses incurred by reason of the claim, from the other carriers who have taken part in
\nthe carriage, subject to the following provisions:
\n(a) The carrier responsible for the loss or damage shall be solely liable for the compensation
\nwhether paid by himself or by another carrier;
\n(b) When the loss or damage has been caused by the action of two or more carriers, each of
\nthem shall pay an amount proportionate to his share of liability; should it be impossible to
\napportion the liability, each carrier shall be liable in proportion to the share
\nof the payment for the carriage which is due to him;
\n(c) If it cannot be ascertained to which carriers liability is attributable for the loss or damage,
\nthe amount of the compensation shall be apportioned between all the carriers as laid down in
\n(b) above.
\nArticle 38
\nIf one of the carriers is insolvent, the share of the compensation due from him and unpaid by
\nhim shall be divided among the other carriers in proportion to the share of the payment for
\nthe carriage due to them.
\nArticle 39
\n1. No carrier against whom a claim is made under articles 37 and 38 shall be entitled to
\ndispute the validity of the payment made by the carrier making the claim if the amount of the
\ncompensation was determined by judicial authority after the first mentioned carrier had been
\ngiven due notice of the proceedings and afforded an opportunity of entering an appearance.
\n2. A carrier wishing to take proceedings to enforce his right of recovery may make his claim
\nbefore the competent court or tribunal of the country in which one of the carriers concerned
\nis ordinarily resident, or has his principal place of business or the branch or agency through
\nwhich the contract of carriage was made. All the carriers concerned may be made defendants
\nin the same action.
\n3. The provisions of article 31, paragraphs 3 and 4, shall apply to judgements entered in the
\nproceedings referred to in articles 37 and 38.
\n4. The provisions of article 32 shall apply to claims between carriers. The period of limitation
\nshall, however, begin to run either on the date of the final judicial decision fixing the amount
\nof compensation payable under the provisions of this Convention, or, if there is no such
\njudicial decision, from the actual date of payment.
\nArticle 40
\nCarriers shall be free to agree among themselves on provisions other than those laid down in
\narticles 37 and 38.
\nChapter VII \u2013 Nullity of Stipulation to the Convention
\nArticle 41
\n1. Subject to the provisions of article 40, any stipulation which would directly or indirectly
\nderogate from the provisions of this Convention shall be null and void. The nullity of such a
\nstipulation shall not involve the nullity of the other provisions of the contract.
\n2. In particular, a benefit of insurance in favour of the carrier or any other similar clause, or
\nany clause shifting the burden of proof shall be null and void.
\nChapter VIII \u2013 Final Provisions
\nArticle 42
\n1. This Convention is open for signature or accession by countries members of the Economic
\nCommission for Europe and countries admitted to the Commission in a consultative capacity
\nunder paragraph 8 of the Commission\u2019s terms of reference. 2
\n2. Such countries as may participate in certain activities of the Economic Commission for
\nEurope in accordance with paragraph 11 of the Commission\u2019s terms of reference may become
\nContracting Parties to this Convention by acceding thereto after its entry into force.
\n3. The Convention shall be open for signature until 31 August 1956 inclusive. Thereafter, it
\nshall be open for accession.
\n4. This Convention shall be ratified.
\n5. Ratification or accession shall be effected by the deposit of an instrument with the
\nSecretary-General of the United Nations.
\nArticle 43
\n1. This Convention shall come into force on the ninetieth day after five of the countries
\nreferred to in article 42, paragraph 1, have deposited their instruments of ratification or
\naccession.
\n2. For any country ratifying or acceding to it after five countries have deposited their
\ninstruments of ratification of accession, this Convention shall enter into force on the ninetieth
\nday after the said country has deposited its instrument of ratification or accession.
\nArticle 44
\n1. Any Contracting Party may denounce this Convention by so notifying the SecretaryGeneral
\nof the United Nations.
\n2. Denunciation shall take effect twelve months after the date of receipt by the SecretaryGeneral
\nof the notification of denunciation.
\nArticle 45
\nIf, after the entry into force of this Convention, the number of Contracting Parties is reduced,
\nas a result of denunciations, to less than five, the Convention shall cease to be in force from
\nthe date in which the last of such denunciations takes effect.
\nArticle 46
\n1. Any country may, at the time of depositing its instrument of ratification or accession or at
\nany time thereafter, declare by notification addressed to the Secretary-General of the United
\nNations that this Convention shall extend to all or any of the territories for the international
\nrelations of which it is responsible. The Convention shall extend to the territory or territories
\nnamed in the notification as from the ninetieth day after its receipt by the Secretary-General
\nor, if on that day the Convention has not yet entered into force, at the time of its entry into
\nforce.
\n2. Any country which has made a declaration under the preceding paragraph extending this
\nConvention to any territory for whose international relations it is responsible may denounce
\nthe Convention separately in respect of that territory in accordance with the provisions of
\narticle 44.
\nArticle 47
\nAny dispute between two or more Contracting Parties relating to the interpretation or
\napplication of this Convention, which the parties are unable to settle by negotiation or other
\nmeans may, at the request of any one of the Contracting Parties concerned, be referred for
\nsettlement to the International Court of Justice
\nArticle 48
\n1. Each Contracting Party may, at the time of signing, ratifying, or acceding to, this
\nConvention, declare that it does not consider itself as bound by article 47 of the Convention.
\nOther Contracting Parties shall not be bound by article 47 in respect of any Contracting Party
\nwhich has entered such a reservation.
\n2. Any Contracting Party having entered a reservation as provided for in paragraph 1 may at
\nany time withdraw such reservation by notifying the Secretary-General of the United Nations.
\n3. No other reservation to this Convention shall be permitted.
\nArticle 49
\n1. After this Convention has been in force for three years, any Contracting Party may, by
\nnotification to the Secretary-General of the United Nations, request that a conference be
\nconvened for the purpose of reviewing the Convention. The Secretary-General shall notify all
\nContracting Parties of the request and a review conference shall be convened by the
\nSecretary-General if, within a period of four months following the date of notification by the
\nSecretary General, not less than one-fourth of the Contracting Parties notify him of their
\nconcurrence with the request.
\n2. If a conference is convened in accordance with the preceding paragraph, the SecretaryGeneral
\nshall notify all the Contracting Parties and invite them to submit within a period of
\nthree months such proposals as they may wish the Conference to consider. The SecretaryGeneral
\nshall circulate to all Contracting Parties the provisional agenda for the conference
\ntogether with the texts of such proposals at least three months before the date on which the
\nconference is to meet.
\n3. The Secretary-General shall invite to any conference convened in accordance with this
\narticle all countries referred to in article 42, paragraph 1, and countries which have become
\nContracting Parties under article 42, paragraph 2.
\nArticle 50
\nIn addition to the notifications provided for in article 49, the Secretary-General of the United
\nNations shall notify the countries referred to in article 42, paragraph 1, and the countries
\nwhich have become Contracting Parties under article 42, paragraph 2, of:
\n(a) Ratification and accessions under article 42;
\n(b) The dates of entry into force of this Convention in accordance with article 43;
\n(c) Denunciations under article 44;
\n(d) The termination of this Convention in accordance with article 45;
\n(e) Notifications received in accordance with article 46;
\n(f) Declarations and notifications received in accordance with article 48, paragraphs 1 and 2.
\nArticle 51
\nAfter 31 August 1956, the original of this Convention shall be deposited with the Secretarygeneral
\nof the United Nations, who shall transmit certified true copies to each of the countries
\nmentioned in article 42, paragraphs 1 and 2.<\/p>\n[\/vc_column_text][\/tab][tab icon_family=”none” title=”Incoterms” id=”1637868006983-6″ tab_id=”1637868006994-1″][vc_column_text]\n

\n
\n
\n
\n
\n
\n
\n

ICC (International Chamber Of Commerce) is the institution who describes risk and liabilities of buyer, seller and carrier where Turkey constitutes a party to international trade. International trade takes place within the framework of the rules set by this chamber. This chamber has defined delivery way of goods, subject to trade between buyer and seller, under general headings.<\/p>\n

The said delivery terms are called INCOTERMS. As we enter the new millennium INCOTERMS are revised under the name of INCOTERMS 2000 (2000 International Commercial Terms). Since Turkey is a party to this convention, judicial decisions to be given about disputes of you with your carrier or foreign customer will be within the framework of the Incoterms 2000.
\nIn this paper, it is aimed to compare liabilities of buyer and seller under the headings of INCOTERMS 2000 and convey the subject in an understandable manner.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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