(ii) A consignor under a commercial consignment in which the goods are consigned to a consignee as agent for sale other than an auctioneer or that a consignee who does not act as a consignee in the ordinary course of business and

Some jurisdictions require some act of actual receipt by the consignee others regard the placing of the goods at the free disposal of the consignee as delivery.

As a prerequisite for delivery, the consignee must produce proper identification.

(c) replace the consignee with another person, including the controlling party itself

The carrier may refuse delivery if the consignee does not produce proper identification.

Customs and appropriate officers will then verify the consignment prior to delivery to the consignee.

This leaves the problem to what extent a consignee should be allowed not to take delivery.

Pursuant to article 13 (previously 10) the carrier is obliged to deliver the goods to the consignee.

The chapter subsequently sets out the legal position of the carrier and the consignee in such cases.

(b) The carrier is not allowed under applicable law or regulations to deliver the goods to the consignee,

In response to this latter point, it was observed that the consignee had no obligation to accept the cargo.

It was indicated that, for instance, the draft text made no reference to the consignor while referring to the consignee.

And article 1 (k) (previously 1(i)) defines the consignee as the person entitled to take delivery of the goods.

In the discussion within the Working Group the question has arisen whether the duty of the consignee should be unconditional.

The duty of the carrier to deliver the goods to the consignee is dealt with in article 13 (previously 10).

It was suggested that the third party consignee is actually a part of the transaction due to the contract of sale, pursuant to which the consignee is free to negotiate conditions favourable to it, and that to argue that such a party is in need of protection is somewhat artificial.

This applies even if a consignee takes samples of the goods and subsequently decides to reject them under the contract of sale.

The carrier must deliver the goods at the time and location mentioned in article 11(4) (previously 7 (3)) to the consignee.

(a) The consignee did not actually accept delivery of the goods under this chapter at the time and location referred to in article 11(4) (previously 7(3)) and no express or implied contract has been concluded between the carrier or the performing party and the consignee with respect the custody of the goods or

2. This Instrument applies without regard to the nationality of the ship, the carrier, the performing parties, the shipper, the consignee, or any other interested parties.

2. This instrument applies without regard to the nationality of the ship, the carrier, the performing parties, the shipper, the consignee, or any other interested parties.

This article provides that the carrier should make an effort to avoid a situation that on the part of the consignee no adequate reaction is forthcoming.

As to this question, the draft including the bracketed language provides that only the consignee that is not actively involved in the carriage, may not take delivery.

The purpose of such an instruction would be to enable the shipper seller to check that payment has been received before the cargo is delivered to the consignee buyer.

The carrier must deliver the goods at the time and location mentioned in article 11(4) (previously 7 (3)) to the consignee upon the consignee's production of proper identification.

When the carrier delivers upon instruction of, in principle, the controlling party, the carrier is discharged from its obligation under the contract of carriage to deliver to the consignee.

(a) It directly or indirectly excludes, limits, or increases the obligations under Chapter 7 of the shipper, consignor, consignee, controlling party, holder, or person referred to in Article 31 or

(a) Is the concept laid down in the first sentence of article 49, including its bracketed part, acceptable, or should the duty of the consignee to accept delivery be unconditional?

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Should it be when the goods have arrived at their destination and the consignee has requested delivery thereof, or should it be when the goods are actually delivered at their destination?

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(b) If the concept is acceptable, should the exercising of any of its rights by the consignee further be qualified, for instance along the lines of paragraph 62(3) (previously 60(3))?

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If payment has not been forthcoming, the shipper seller as controlling party should be entitled to designate a new consignee and thereby secure its position even if the defaulting party had requested delivery.

In line with article 86 of the United Nations Convention on Contracts for the International Sale of Goods, such consignee when taking delivery from the carrier does so on behalf of the seller.

The inactive consignee, such as a bank holding a bill of lading as security, is under no obligation to take delivery itself, but may have to take action under article 48 or 49.

The only matter left was whether a carrier that is under the obligation to deliver pursuant article 13 (previously 10), could refuse delivery if the consignee claiming delivery could not produce adequate identification.

These circumstances may qualify (under national law) as creditors default' (the consignee being the creditor of the carrier), agent (or bailee) by necessity' (the carrier being such agent or bailee) and the like.

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