CIDIP: The Inter-American Uniform Through Bill of Landing for the International Carriage of Goods by the Road (Negotiable) was adopted at the 6th Inter-American Specialized Conference on Private International Law (CIDIP VI), held in Washington D.C., February 2002.  

Objective: This Uniform Bill of landing is essentially a contractual unification of the law aimed at increasing uniformity and predictability in the legal process of  transportation of goods being imported or exported.  

Summary:  This Uniform Bill is a negotiable one, and it shall be understood as that which serves as title to the Goods and may be made out to a named person or to the bearer. It brings contractual stipulations regarding carriage of goods under the model bills of landing. In the case of the transport of goods be performed by other modes of transportation it will be governed by the applicable modal legal regimes.

The model regime in question defines the contracting carrier, the performing carrier, the shipper, consignor and consignee. It also establishes that the Contract carrier agrees to transport the goods with due care and the contracting and performing carriers, the shipper, consignor and consignee assume liability for acts or omissions of their agents and other persons of whose services they make use for the performance of their obligations of for the exercise of their rights. Concerning the price or Freight Charge, the shipper agrees to be liable for the fright, except for collect shipments.

This Uniform bill also determines that the contracting carrier is liable for loss, damage or delay while goods are in its charge. The possible defenses to liability are force majeure, act of God, or public enemy, as recognized and interpreted under applicable law; inherent vice or defect of the goods, including natural shrinkage of the goods; act or omission of the Shipper, the consignor, the consignee or the receiver; force of law or act of government; contracting carrier compliance with respect to instructions that have been expressly entered on this Bill of Lading by the Shipper, Consignor, Consignee, Receiver or on their behalf; faulty or impassable highway, or by lack of capacity of a highway, bridge or ferry; or from riots or strikes. Nevertheless the carrier's contributory negligence will prevent the carrier's application of any of these defenses. All rights and obligation of the contracting carrier apply when a claim is made against the performing carrier. In the event of joint carriage, the contracting and performing carrier are jointly and severally liable regardless of the place in which the loss or damage or delay occurred.

In what concerns liability limitations the carrier's liability of the carrier may not exceed the value of the goods at the time and place determined by applicable law. The shipper and carrier may agree to increase or decrease the limitation of liability. The carrier may have other liability limitations as authorized by applicable law, and the shipper is advised to keep informed of such liability terms. However, damaging, losing, or delaying by committing fraud or through gross fault will void the carriers limitation of liability.  It is important to note that the contracting carrier is responsible for the goods from the time it takes physical possession of them, until the time when the contracting or performing carrier hands over physical possession of the goods to, or place them at the disposal of, the consignee or receiver.

According to this model regime the consignee must give notice to the carrier within one working day of loss or damage to the goods if apparent at any time of delivery. Otherwise the goods are presumed to have been delivered in good order. If loss or damage is not apparent at the time of delivery, the consignee must give notice to the carrier within 15 working days after delivering. Furthermore, the carrier is presumed to have delivered the goods on time unless the consignee receives written notice of delay in delivery within one working day.

Claims are time-barred  unless a final claims statement is filed within nine months after delivery. Suit is time-barred if not brought within two years from the date of notice the contracting carrier has disallowed any part of the claim.

In the case of undelivered goods the contracting carrier shall immediately notify the shipper and consignee. In addition to this the carrier may then store the goods in a safe place. If no instructions are received by contracting carrier within 15 days, the carrier may return the goods to the shipper at shipper's expense or sell them as provided by local law, apply the proceeds to pay its expenses, and remit the balance to the shipper. Moreover, if the consignee refuses to accept delivery of the damage goods, the consignee may hold the damaged goods pending final determination of the claim, without the being construed as having accepted delivery . After determination of the claim, the contracting carrier shall take possession of the damaged goods as salvage.  

This model regime also advises that the carrier may not divert or reconsign the goods except on the shipper's and contracting carrier's agreed written amendment of the bill of landing. The shippers bears the cost of the diversion or reconsignment. Furthermore, the goods may be stopped in transit by the person entitle to stop the goods and at that person's expenses,. The goods must be conserved in a commercially reasonable manner.  

Any separated provision in the model bill of landing may be held invalid for the violation of applicable for violation of applicable statute, ordinance, or rule of law, however the reminder of the bill of landing shall remain valid. Except as otherwise specified in this Bill of Lading, all issues and questions concerning the construction, validity, performance, enforcement and interpretation of this Bill of Lading shall be governed by, and construed in accordance with, the laws (except the law of conflicts) of the country of final destination of the freight, where the Goods were, or should have been, delivered as agreed.  This Article may be unenforceable in some countries.