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The goods are deemed to have been delivered to the consignee if: 1 the consignee or a representative thereof has acquired direct possession of the goods or 2 in the case specified in clause 20 4 1 of this Act or in other cases prescribed in the contract for the carriage of cargo, the goods are stored or deposited at the port of destination in such manner that they are available to the consignee.
Right of security 1 The carrier has the right of security over the goods and the accompanying documents of the goods in order to secure claims arising from the contract for the carriage of cargo and claims arising from earlier contracts of carriage, forwarding contracts and storage contracts entered into with the shipper.
The right of security continues after delivery of the goods to the consignee if the carrier files an action arising from the right of security with a court for the satisfaction of the claims specified in subsection 1 of this section and applies for the seizure of the goods within three days after delivery of the goods and if the goods are still in the possession of the consignee at the moment of seizure.
If the consignee cannot be identified or if the consignee refuses to take delivery of the goods, the notices shall be submitted to the shipper.
Liability of carrier for loss of or damage to goods The carrier shall be liable for the loss of or any damage to the goods caused between the time the goods are accepted for carriage and the time the goods are delivered.
Release of carrier from liability 1 The carrier shall not be liable for damage if the carrier proves that the damage has been caused: 1 as a result of an act or omission by the master, a crew member or a pilot while navigating the ship; Kommentaar Merchants Les valikute because the ship was not seaworthy or cargoworthy at the moment of commencement of the voyage and the carrier was not able, using all due care, to detect this; 3 because the ship lost its seaworthiness or cargoworthiness during the voyage; 4 as a result of fire, unless the fire is caused by an act or omission of the master, a crew member or any other person in service on board the ship and involved in running the ship; 5 as a result of a marine accident, war, the activities of public authorities, quarantine or disorder; 6 as a result of the seizure of the ship; 7 as a result of a strike; 8 as a result of an act or omission by the shipper or the owner of the goods or by the agents or representatives of the shipper or the owner.
Release from liability in event of rescue or salvage The carrier shall not be liable for a violation of the contract for the carriage of cargo if the violation is caused due to taking necessary measures to rescue persons or salvage property at sea.
Presumption of loss of goods 1 If the goods are not delivered within sixty days from the moment when they should have been delivered, the consignee may deem the goods to be lost and submit an application regarding the loss to the carrier in a format which can be reproduced in writing. If, in addition to compensation for the value of the goods, the compensation included also reimbursement of expenses related to the carriage and loss of the goods, such expenses shall be deducted from the compensation to be refunded.
Compensation for value of goods 1 In the event of the loss of the goods, the carrier shall compensate for the value of the lost goods.
The value of the goods shall be determined on the basis of the value of the goods at the place of unloading.
This does not preclude the right Kommentaar Merchants Les valikute demand repayment of the freight paid in advance. Limits in event of compensation for value of goods 1 If no information concerning the type and value of the goods is submitted to the carrier before loading commences and if the information is not entered in the bill of lading or sea waybill, the carrier shall, in the event of loss of or damage to the goods, be liable to the extent of If the bill of lading or sea waybill does not contain this information, the container, pallet or other similar article of transport together with the contents thereof is deemed to be one unit of goods.
Claims not arising from contract for carriage of cargo 1 The limits of Kommentaar Merchants Les valikute specified in § 30 of this Act also apply to the claims of a shipper or consignee against a carrier arising from loss of or damage to goods or from a time limit for carriage being exceeded, if these claims do not arise from the contract for the carriage of cargo, and particularly to claims arising from the causing of unlawful damage, negotiorum gestio and unjustified enrichment.
Liability of employee If a claim arising from loss of or damage to the goods or a time limit for carriage being exceeded is filed against an employee of the carrier or against another person for whom the carrier is responsible rather than against the carrier, the employee or other person may also rely on the limits of liability prescribed in § 30 of this Act and in the contract for the carriage of cargo unless the damage is caused by the employee or other person intentionally or through gross negligence.
Liability of actual carrier 1 If the goods are wholly Kommentaar Merchants Les valikute partially carried by another person the actual carrierthe actual carrier shall be liable for any damage caused by loss of or damage to the goods or a time limit for carriage being exceeded in the same manner as the carrier if the damage is caused during the period when the goods are being carried by the actual carrier.
Poodides ja muudes kohtades maksmine
An agreement between the carrier and the shipper or consignee regarding non-application of the limits of liability specified in § 30 of this Act or extension of the liability of the carrier applies to the actual carrier only if the actual carrier has agreed thereto in a format which can be reproduced in writing. Limit of liability in event of liability of several persons If several persons are liable for causing the same damage, the compensation paid by them in total shall not exceed the limit of liability provided for in § 30 of this Act § Notification of damage 1 If damage to or loss of goods is apparent upon external inspection but the consignee or shipper fails to notify the carrier thereof upon delivery of the goods to the consignee at the latest, the goods are presumed to have been delivered in the condition prescribed in the contract.
The notice shall contain a general description of the damage.
Как уходили легендарные люди из World of Warcraft
If the notice is submitted after delivery of the goods, it shall be submitted in a format which can be reproduced in writing. The notice need not be signed if the sender of the notice can be identified in any other manner.
Merchant Shipping Act – Riigi Teataja
The notice is deemed to have been submitted in due time if it is sent within the term specified in subsection 2 or 3 of this section. Mandatory nature of provisions The contracting parties shall not alleviate by agreement the liability of the carrier provided for in this Act.
Bill of lading 1 A bill of lading is a document of title in which the carrier recognises that the goods to be carried have been received and undertakes to carry the received goods to their port of destination in the manner described in the bill of lading and to deliver the goods there to the person who submits the bill Kommentaar Merchants Les valikute lading and is entitled to receive the goods pursuant to the bill of lading.
The bill of lading certifies that a contract for the carriage of cargo has been entered into. The terms and conditions of the contract for the carriage of cargo are mandatory for the consignee if they are referred to in the bill of lading.
Rakenduste eest või rakenduste sees maksmine
Issue of bill of lading 1 After receiving goods, the carrier shall, at the request of the shipper, issue a bill of lading. The shipper may demand that the bill of lading be issued in several original copies.
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The certificate shall be returned to the carrier against the bill of lading. The bill of lading may be signed by the master or a person authorised therefor by the carrier or by another person permanently acting for the carrier who performs such duties.
My RT allows for:
If the carrier fails to perform this obligation, the carrier shall compensate the lawful holder of the bill of lading for the damage that arises as a result of the lawful holder of the bill of lading relying on the accuracy of the information set out in the bill of lading. Receipt of information provided by shipper 1 The carrier shall enter the information specified in clause 40 1 7 of this Act in the bill of lading in the form in which the information is provided to Kommentaar Merchants Les valikute carrier in writing by the shipper or the person specified in subsection 39 2 of this Act.
Presumption of correctness of information in bill of lading 1 If a bill of lading has been issued, the information in the bill of lading is deemed to be correct until the opposite is proven.
This does not apply to information concerning which a reasoned notation has been made in the bill of lading pursuant to subsection 41 3 of this Act. This does not apply to information concerning the value of the goods included in the bill of lading.
Delivery claim in event of several holders of bill of lading If several holders of originals of the bill of lading claim delivery of the goods, the carrier shall arrange to have the goods stored or deposited at the expense of the consignee and shall inform the holders of the bill of lading claiming delivery of the goods thereof.
Through bill Tasuta NSE valik Trading tarkvara Binaarne lading 1 A through bill of lading is Kommentaar Merchants Les valikute bill of lading in which it is stated that the carriage of the goods is Kommentaar Merchants Les valikute be performed by more than one carrier.
Delivery of goods and return of bill of lading The carrier is required to deliver the goods to the consignee only if the bill of lading is returned to the Kommentaar Merchants Les valikute and if the consignee provides a signature concerning the fact that delivery has been taken of the goods.
Teie isikuandmed, mida võime koguda
If only part of the goods set out in the bill of lading is delivered, the consignee shall deposit the bill of lading in favour of the carrier and provide a signature concerning the fact that delivery has been taken of the goods. Meaning of delivery of bill of lading If the carrier has accepted the goods for carriage, the delivery of the bill of lading to the person who may claim delivery of the goods pursuant to the bill of lading has the same meaning as transfer of the possession of the goods.
Sea waybill 1 The shipper or the person specified in subsection 39 2 of this Act may demand a certificate concerning receipt of the goods a sea waybill instead of a bill of lading from the carrier.
Limitation period for claims 1 The limitation period for claims arising from carriage provided for in this Chapter is one year from the delivery of goods. If the time of delivery of the goods has not been agreed, the limitation period shall commence when sixty days have passed from the delivery of the goods to the carrier.
The provisions of this subsection do not apply if the person against whom the claim for compensation is filed is not notified of the damage within three months from the time when the person entitled to exercise the right of recourse became aware or should have become aware of the damage and of the person obliged to satisfy the claim pursuant to the right of recourse.
Submission of the same claim for compensation in a new application shall not suspend the limitation period anew. Chapter 3.