Questionnaire on Delivery'

Delivery Information presented by the delegation of the Netherlands

Article 46. Obligation to accept delivery

Delivery of goods is done after a month of placing the order.

Delivery ready for carriage, draft article 28 (former article 25)

Then, delivery of the goods is deemed to take place on board the vessel.

Article 51 (previously 50). When goods are undeliverable

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?

(c) The place where the goods are ultimately delivered by the maritime performing party .

(b) the time of delivery of the goods is prior to the completion of their final discharge under the contract of carriage.

In this article and in the second sentence of article 46, the liability of the carrier for loss or damage to the goods is dealt with in cases when the goods are undeliverable.

The seller returned the fax on the next day with the remark that the goods could not be delivered.

A FIO(S) clause as such may no longer determine the time of receipt or delivery of the goods.

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

That party is protected and may rely on the contents of the bill of lading, including the right of delivery of the goods.

The one is the event that there is a bill of lading holder who acquired the bill of lading after delivery was made by the carrier, but pursuant to a contractual arrangement other than the contract of carriage and made before delivery.

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.

The shipper must try to find the right person to whom delivery should be made, or, if it fails in its efforts, the shipper may take the responsibility for a proper delivery itself by, for instance, requesting the carrier to store the goods on its behalf.

If the carrier is required to hand over the goods at the place of delivery to an authority or other third party to which, pursuant to applicable law or regulation, the goods must be handed over and from which the consignee may collect them, such handing over is a delivery of the goods by the carrier under paragraph 4.

As an example if the contract of carriage includes a provision the consignee shall accept the goods alongside the vessel as fast as she can deliver , the responsibility of the carrier (under the contract of carriage) ends when he has placed the goods on the quay.

However, because delivery marks the end of the carrier's responsibility, the provisions on the period of responsibility are also included in this questionnaire.

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

(d) demand, subject to the conditions provided for in article 55, delivery of the goods at a place other than the original place of destination.

In addition, the related matter of free in and out (stowed)' ( FIO(S) ) is dealt with.

Article 49. Delivery when negotiable transport document or negotiable electronic transport record is issued

When the goods have arrived at their destination, the consignee that exercises any of its rights under the contract of carriage must accept delivery of the goods at the time and location referred to in article 11(4) (previously 7(3)).

Article 48. Delivery when no negotiable transport document or negotiable electronic record is issued

Such placing at the consignee's disposal may be done actually or through documents, such as a delivery order.

However, if the bill of lading holder cannot be traced (in which event the shipper has to instruct the carrier about the delivery), it may be expected that the bill of lading will not be presented.

The argument here seems to be that if the parties agree that the wares are to be delivered in a container, the shipper must not only load, handle, stow, lash and secure the wares themselves properly, for example by packing those in boxes which will withstand the carriage, but also secure the boxes inside the container.

It sets out the principle that it is the obligation of the controlling party (which in these situations often will be the shipper) to secure that the carrier is able to deliver the goods.

Don't touch the goods.

The time and location of delivery of the goods is the time and location agreed in the contract of carriage, or, failing such agreement, the time and location that is in accordance with the customs, practices, or usages in the trade.

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

The shipper must deliver the goods ready for carriage, unless otherwise agreed in the contract of carriage, and in such condition that they will withstand the intended carriage, including their loading, handling, stowage, lashing and securing, and discharge, and that they will not cause injury or damage.

If the goods are sold under paragraph 2(c), the carrier must hold the proceeds of the sale for the benefit of the person entitled to the goods, subject to the deduction of any costs incurred in respect of the goods and any other amounts that are due to the carrier.

A contract that contains an option to carry the goods by sea shall be deemed to be a contract of carriage provided that the goods are actually carried by sea.

And it provides security to the carrier that, if it delivers the goods to the bill of lading holder, the carrier is discharged from its obligation to deliver.

There is not enough demand for this product.

Article 47. Obligation to acknowledge receipt

(i) Goods whose import or export is prohibited or strictly limited to a particular body, pursuant to the provisions of the present Act

(c) To cause the goods to be sold in accordance with the practices, or the requirements under the law or regulations, of the place where the goods are located at the time.

Extradition

extradition

I also presided over extradition proceedings (including extradition proceedings against drug traffickers).