Contracts and Conditions of carriage Flashcards
Name 2 types of goods that are not covered by the CMR Agreement?
Funeral consignments, postal articles and furniture consignments
Explain what is meant by the term ‘Unwitting CMR’.
Accepting the goods for carriage without realising that the conditions of carriage are based on CMR as the domestic leg of the journey is considered to be part of an international journey
A claim is brought against a carrier under the terms of the CMR Convention. Within what period
of time must legal action be brought if the claim is to be decided by a court? (Disregard any
suspensions of the time period which may occur in the course of the claim.)
One year
Name 5 items which MUST appear on a CMR note.
Consignor’s name and address; consignee’s name and address; carriers’ name and address; date; description of goods;
gross weight; statement that the carriage is subject to the provisions of the convention
What shall a carrier potentially pay to his client if a consignment is delayed whilst under the
provisions of CMR?
Carriage charges
Identify 3 defences which can be used by a carrier, against claims made by a consignor, for lost or
damaged goods moved under the CMR terms and conditions.
Inherent vice in goods, improper instructions from the consignor, defective packaging, wrongful act or neglect of
the claimant, poor handling, loading, stowage, unloading on behalf of the claimant/agent, inadequacy of marks,
circumstances which the carrier could not avoid
Within what timescale must a claimant notify the carrier with their intention to make a claim for
damage under CMR?
Seven days
A consignment of machine parts is sent from the UK to Eire by road and by sea on a motor vehicle
operating under a Restricted Operator’s Licence.
Will these goods be covered by the CMR convention?
CMR would not apply
b) If not, why not?
CMR would not apply
CMR does not apply following a bilateral agreement between the two countries and it is an own account movement and CMR would only apply for hire and reward journeys.
You are a UK haulier transporting a load from Birmingham to Milan via Dover and Calais. Between
which 2 locations would the provisions of the CMR Convention apply?
Birmingham to Milan
A claim has been received for damage to goods carried by 3 successive carriers from Albania to the
UK. You cannot ascertain who is responsible for the damage. How much will have to be paid by the
carriers with this claim, under the CMR convention?
In proportion to the carriage charges made by each carrier
What actions should the carrier take when an agreement has been made with the consignor that the
value of the goods being transported is higher than 8.33 SDRs per kilogram?
A note should be made on the CMR Consignment Note
Give 4 instances when the SENDER would be liable to the carrier when operating under CMR conditions
of carriage.
Sender provides inaccurate information; poorly completed CMR note; inadequate packing; incorrect instructions;
negligent acts by sender or those acting on his behalf
With regards to CMR, briefly describe the key points concerning the time limits for goods to be declared
lost in the event of non-delivery.
Goods are deemed to be lost if not delivered within 30 days of the agreed date of delivery. Goods are deemed to be
lost if not delivered within 60 days of the haulier taking over the goods, if no time limit has been agreed
