Definition of volume contract (proposed redraft article 1, paragraph x)

(b) Prominently specifies the sections of the volume contract containing the derogations.

3. A carrier's public schedule of prices and services, transport document, electronic transport record, or similar document is not a volume contract under paragraph 1, but a volume contract may incorporate such documents by reference as terms of the contract.

(b) This Instrument applies to the terms of a volume contract to the extent that they regulate a shipment under that volume contract that is governed by this Instrument under subparagraph (a).

(b) This Convention applies to the terms of a volume contract to the extent that they regulate a shipment under that volume contract that is governed by this Convention under subparagraph (a).

The view was expressed that this was achieved in proposed article 88a (1) by requiring the volume contract to contain a prominent statement that it derogated from the draft instrument, and that either the volume contract was individually negotiated under paragraph (a) or, under paragraph (b), that it prominently specified the sections of the volume contract containing the derogations.

It was indicated that a definition of the volume contract should be inserted in the draft instrument.

However, the view was also expressed that a suitable mechanism should accommodate those cases when numerous individuals would be affected as third parties by the execution of a volume contract, such as when the volume contract that spanned several years was concluded.

(x) Volume contract means a contract that provides for the carriage of a specified minimum quantity of cargo in a series of shipments during an agreed period of time.

(a) is contained in a volume contract that clearly states the names and addresses of the parties and either

Further, it was noted that pursuant to proposed new article 88a (4), if the volume contract in question met the listed requirements, the valid stipulations derogating from the draft instrument would cover both the volume contract and each individual shipment as specified in proposed new article 88a.

However, it was also observed that the use of the words any shipment could generate misunderstanding since only some terms of the volume contract might be subject to the draft instrument, for example in the case of a volume contract that mixes international and domestic shipments.

In view of the absence of an individual contract governing each individual shipment, reference had to be made to those stipulations in the volume contract that governed each individual shipment.

A provision in the volume contract that provides for greater or lesser duties, rights, obligations, and liabilities should be set forth in the contract and may not be incorporated by reference from another document and

(ii) contains a prominent statement that there is an exclusive choice of court agreement and specifies its location within the volume contract and

It was also suggested that those volume contracts that were subject to the draft instrument could derogate from certain of its provisions, provided that certain additional conditions aimed at protecting the parties to the volume contract were met.

Conversely, the terms or stipulations of the volume contract that did not regulate individual shipments remained outside the scope of application of the draft instrument.

(a) This Convention applies to the terms that regulate each shipment under a volume contract to the extent that the provisions of this chapter so specify.

3. (a) This Instrument applies to the terms that regulate each shipment under a volume contract to the extent that the provisions of this chapter so specify.

It was suggested that requesting consent to be bound by the terms of a volume contract derogating from the draft instrument would provide sufficient safeguards to third parties.

It was suggested that the following four conditions should be met before it would be possible for a volume contract, or individual shipments thereunder, to derogate from the draft instrument

Clarification was sought on the use of the words terms that regulate each shipment and terms of a volume contract in proposed draft article 3 (3) of the draft instrument.

In response, it was indicated that only selected provisions of other international agreements would be applicable to the contract of carriage under the draft instrument, and that the proposed text of draft article 88a (5) would allow derogation from these selected provisions in a volume contract.

Concern was also raised regarding whether the requirement was one of express consent to be bound by the volume contract in general, or by the specific derogation from the draft instrument.

The purpose of subparagraph (b) was to make it clear that only those terms of the volume contract governing individual shipments fell under the scope of application of the draft instrument.

It was further suggested that to do otherwise would establish two different regimes for third parties, depending on whether they derived their rights pursuant to a charter party or from a volume contract.

Additional concerns were expressed regarding how a derogation that bound a third party to a volume contract might affect that party's rights with respect to choice of forum in jurisdiction or arbitration clauses.

4. The right of derogation under this article applies to the terms that regulate shipments under the volume contract to the extent these terms are subject to this Instrument under Article 3 (3)(a).

(b) Between the carrier and any other party that has expressly consented in writing or electronically to be bound by the terms of the volume contract that derogate from the provisions of this Instrument.

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Instead, it was suggested that since OLSAs were a type of volume contract, adjustments could be made to the provisions in A CN.9 WG.III WP.44 and to draft articles 88 and 89 in order to subsume OLSAs into the existing approach to volume contracts in the scope of application of the draft instrument.

The Working Group considered whether it was acceptable that OLSAs be treated as a type of volume contract in the draft instrument, which would be regulated as part of the general scope of application provisions.

Further, a definition of volume contract was added as proposed paragraph (x), and the definition of liner service was deleted as unnecessary in light of later proposed provisions that referred only to non liner transportation .

The first three cover the anime, with Volume 1 covering episode 1 8, Volume 2 covering 9 19, and Volume 3 covering 20 26.

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This article lists lakes with a water volume of more than 100 km³, ranked by volume.

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2012 Capitale du Crime Volume 3 Capitale du Crime Volume 3 was released on 28 November 2011.

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It was further observed that draft article 88a (4) reflected the decision that only those terms of a volume contract regulating shipments falling under the scope of application of the draft instrument would be subject to derogation (see above, para.

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