Shipper's obligations

The person considered as the shipper will also have the opportunity to escape its liability if it proves that it is not the shipper by indicating who is really the shipper.

The effect of such a regulation will be that the carrier may claim compensation directly from the actual shipper and that the latter may make use of the defences in the chapter on shipper's obligations.

Article 31 regulates the liability of the shipper.

However, one delegation has expressed the view that provided that the actual shipper is liable, the contractual shipper should be relieved of his liability.

Shipper's Obligations Information presented by the Swedish delegation

Another delegation favours a provision where the actual shipper will be liable if it agrees to be named as the shipper in the contract particulars.

A similar question may arise with regard to the shipper's liability.

A strict liability is considered to put too much burden on the shipper.

Basis of shipper's liability (draft article 31, former 29)

Assumption of shipper's right and obligation (draft article 34, former 31)

Cessation of the shipper's liability (draft article 36, former 43(2))

One reason for this was that it is particularly important that the shipper provide the carrier with correct information and that the latter may suffer damage because of a material misstatement.

(b) Should the draft Convention extend the provision on shipper's liability in paragraph 31(1) (previously 29(1)) to a breach of any of the shipper's obligations under the draft Convention that should apply to the extent that the shipper's liability is not dealt with otherwise, or should this matter be left to national law?

Shipper's obligation to provide information, instructions and documents (article 30, former 27)

If the carrier is unable, after reasonable effort, to identify and find the controlling party or the shipper, then the person referred to in article 34 (previously 31) is deemed to be the shipper for purposes of this paragraph.

If the carrier is unable, after reasonable effort, to identify and find the controlling party or the shipper, then the person referred to in article 34 (previously 31) shall be deemed to be the shipper for purposes of this paragraph.

Vicarious liability of the shipper (draft article 35, former 32)

If the shipper does not fulfill this obligation, it may be held liable.

Further it was suggested that the notice to the third party should be required to be given by the shipper.

Material misstatement by the shipper (draft article 32, former 29 bis)

In such event, the controlling party or shipper must give instructions in respect of the delivery of the goods.

During the summer 2005 the delegation of Sweden distributed an informal questionnaire on shipper's obligations to interested delegations.

Some delegations have also indicated that they would like to see an explicit provision regulating that the shipper and the actual shipper are jointly liable.

Paragraph 1 of this Article does not affect the responsibilities, liabilities, rights or immunities of the shipper.

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The draft provisions on shipper's obligations were published in A CN.9 WG.III WP.39, par.

Some delegations have also pointed out that they would like to limit the scope of the provision to the relationship between the shipper and the carrier.

The shipper is the controlling party unless it designates another party to be the controlling party and so notifies the carrier.

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However, the view was also expressed that it should not be possible for the parties to increase the obligations of the shipper.

Moreover, it was suggested that a provision should be inserted in the draft instrument to prevent the shipper from decreasing its obligations.

The suggestion was made that proposed article 88 (2) should be kept in the text in square brackets until the Working Group had examined the obligations of the shipper in chapter 7 and had decided whether it was more convenient to deal with the mandatory obligations of the shipper in an article by article approach or by means of a general provision.

The shipper will in that situation have a strict liability for providing the information in article 30 (b) and (c).

Other jurisdictions rely on the act or omission of the shipper' exception in order to relieve the carrier from the consequences of improper stowage of the cargo.

In such event, the shipper, being the original contractual counterpart of the carrier, has to assume the responsibility of advising the carrier about delivery.

Some held the view that the shipper or other cargo claimant were the appropriate persons, while others felt that the shipper, consignee or other cargo interest or holder of a transport document were more appropriate, and still others were dissatisfied with the lack of precision of those terms.

The reason for this view seem to be that otherwise the carrier will be put in a better position compared to an shipment under a cost, insurance, freight , or CIF sale where the carrier may only claim compensation from the shipper (i.e. the seller under the sales contract), but not the consignee (i.e. the buyer under the sales contract).

One other delegation has proposed to delete reasonably in the chapeau in that the shipper would have to provide all necessary documents.

The shipper must provide to the carrier in a timely manner such information, instructions, and documents that are reasonably necessary for

Other delegations have stated that they want to it to be clear that the information provided by the shipper is correct something which is already covered by variant B.

The shipper is liable to the carrier for loss, damage and injury caused by the goods, and for breach of its obligations under article 28 and article 30.

The shipper is deemed to have guaranteed to the carrier the accuracy at the time of receipt by the carrier of the information, instructions and documents that it provides under article 30.

Regarding the obligation to inform, the shipper is only liable if the carrier does not otherwise have knowledge of the dangerous character of the goods.

Among the delegations that favour an inclusion of a provision on vicarious liability of the shipper, some have commented on the wording of the text.