PART IV. LIABILITY OF THE CONSIGNOR
Article 22 General Rule
The consignor shall be
liable for loss sustained by the multimodaltransport operator if such loss is caused by the fault or neglect of theconsignor, or his servants or agents when such servants or agents areacting within the scope of their employment. Any servant or agent of theconsignor shall be
liable for such loss if the loss is caused by fault orneglect on his part.
Article 23 Special Rules on Dangerous Goods
1. The consignor shall mark or label in a suitable manner dangerousgoods as dangerous.
2. Where the consignor hands over dangerous goods to the multimodaltransport operator or any person acting on his
behalf, the consignor shallinform him of the dangerous character of the goods and, if necessary, theprecautions to be taken. If the consignor fails to do so and themultimodal transport operator does not otherwise have knowledge of theirdangerous character:
(a)The consignor shall be
liable to the multimodal transport operatorfor all loss resulting from the
shipment of such goods; and
(b)The goods may at any time be unloaded, destroyed or renderedinnocuous, as the circumstances may require, without payment of
compensation.
3. The provisions of paragraph 2 of this Article may not be invoked byany person if during the multimodal transport he has taken the goods inhis charge with knowledge of their dangerous character.
4. If, in cases where the provisions of paragraph 2 (b) of thisArticle do not apply or may not be invoked, dangerous goods become anactual danger to life or property, they may be unloaded, destroyed orrendered innocuous, as the circumstances may require, without payment of
compensation except where there is an obligation to contribute in generalaverage or where the multimodal transport operator is
liable in
accordancewith the provisions of Article 16.
PART V. CLAIMS AND ACTIONS
Article 24 Notice of Loss, Damage or Delay
1. Unless notice of loss or damage, specifying the general nature ofsuch loss or damage, is given in writing by the consignee to themultimodal transport operator not later than the working day after the daywhen the goods were handed over to the consignee, such handing over isprima facie evidence of the
delivery by the multimodal transport operatorof the goods as described in the multimodal transport document.
2. Where the loss or damage is not apparent, the provisions ofparagraph 1 of this Article apply correspondingly if notice in writing isnot given within six
consecutive days after the day when the goods werehanded over to the consignee.
3. If the state of the goods at the time they were handed over to theconsignee has been the subject of a joint survey or
inspection by theparties or their authorized representatives at the place of
delivery,notice in writing need not be given of loss or damage ascertained duringsuch survey or
inspection.
4. In the case of any actual or apprehended loss or damage themultimodal transport operator and the consignee shall give all reasonablefacilities to each other for inspecting and tallying the goods.
5. No
compensation shall be payable for loss resulting from delay in
delivery unless notice has been given in writing to the multimodaltransport operator within 60
consecutive days after the day when the goodswere delivered by handing over to the consignee or when the consignee hasbeen notified that the goods have been delivered in
accordance withparagraph 2 (b) (ii) or (iii) of Article 14.
6. Unless notice of loss or damage, specifying the general nature ofthe loss or damage, is given in writing by the multimodal transportoperator to the consignor not later than 90
consecutive days after theoccurrence of such loss or damage or after the
delivery of the goods in
accordance with paragraph 2 (b) of Article 14,
whichever is later, thefailure to give such notice is prima facie evidence that the multimodaltransport operator has sustained no loss or damage due to the fault orneglect of the consignor, his servants or agents.
7. If any of the notice periods provided for in paragraphs 2, 5 and 6of this Article terminates on a day which is not a working day at theplace of
delivery, such period shall be
extended until the next workingday.
8. For the purpose of this Article, notice given to a person acting onthe multimodal transport operator's
behalf, including any person of whoseservices he makes use at the place of
delivery, or to a person acting onthe consignor's
behalf, shall be deemed to have been given to themultimodal transport operator, or to the consignor, respectively.
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