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.