Article 9 Reservations in the Multimodal Transport Document
1. If the multimodal transport
document contains particulars
concerning the general nature, leading marks, number of packages orpieces, weight or quantity of the goods which the multimodal transportoperator or a person acting on his
behalf knows, or has reasonable groundsto suspect, do not
accurately represent the goods actually taken incharge, or if he has no reasonable means of checking such particulars, themultimodal transport operator or a person acting on his
behalf shallinsert in the multimodal transport
document a
reservation specifying theseinaccuracies, grounds of suspicion or the absence of reasonable means ofchecking.
2. If the multimodal transport operator or a person acting on his
behalf fails to note on the multimodal transport
document the apparentcondition of the goods, he is deemed to have noted on the multimodaltransport
document that the goods were in apparent good condition.
Article 10 Evidentiary Effect of the Multimodal Transport Document
Except for particulars in respect of which and to the extent to whicha
reservation permitted under Article 9 has been entered:
(a) The multimodal transport
document shall be prima facie evidence ofthe
taking in charge by the multimodal transport operator of the goods asdescribed therein;
(b) Proof to the contrary by the multimodal transport operator shallnot be admissible if the multimodal transport
document is issued innegotiable form and has been transferred to a third party, including aconsignee, who has acted in good faith in reliance on the description ofthe goods therein.
Article 11 Liability for Intentional Misstatements or Omissions
When the multimodal transport operator, with intent to defraud, givesin the multimodal transport
document false information
concerning thegoods or omits any information required to be included under paragraph 1(a) or (b) of Article 8 or under Article 9, he shall be
liable, withoutthe benefit of the
limitation of
liability provided for in thisConvention, for any loss, damage or expenses incurred by a third party,including a consignee, who acted in reliance on the description of thegoods in the multimodal transport
document issued.
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