1991年联合国贸易和发展会议／国际商会多式联运单证规则 UNCTAD/ICC Rules for Multimodal Transport Documents

　6.5 If the MTO is liable in respect of loss following from delay indelivery， or consequential loss or damage other than loss of or damage tothe goods， the liability of the MTO shall be limited to an amount notexceeding the equivalent of the freight under the multimodal transportcontract for the multimodal transport.

　　6.6 The aggregate liability of the MTO shall not exceed the limits ofliability for total loss of the goods.

　　7. Loss of the right of the multimodal transport operator to limitliability

　　The MTO is not entitled to the benefit of the limitation of liabilityif it is proved that the loss， damage or delay in delivery resulted froma personal act or omission of the MTO done with the intent to cause suchloss， damage or delay， or recklessly and with knowledge that such loss，damage or delay would probably result.

　　8. Liability of the consignor

　　8.1 The consignor shall be deemed to have guaranteed to the MTO theaccuracy， at the time the goods were taken in charge by the MTO， of allparticulars relating to the general nature of the goods， their marks，number， weight， volume and quantity and， if applicable， to the dangerouscharacter of the goods， as furnished by him or on his behalf for insertionin the MT document.

　　8.2 The consignor shall indemnify the MTO against any loss resultingfrom inaccuracies in or inadequacies of the particulars referred to above.

　　8.3 The Consignor shall remain liable even if the MT document has beentransferred by him.

　　8.4 The right of the MTO to such indemnity shall in no way limit hisliability under the multimodal transport contract to any person other thanthe consignor.

　　9. Notice of loss or damage to the goods

　　9.1 Unless notice of loss of or damage to the goods， specifying thegeneral nature of such loss or damage， is given in writing by theconsignee to the MTO when the goods are handed over to the consignee， suchhanding over is prima facie evidence of the delivery by the MTO of thegoods as described in the MT document.

　　9.2 Where the loss or damage is not apparent， the same prima facieeffect shall apply if notice in writi

ng is not given within 6 consecutivedays after the day when the goods were handed over to the consignee.

　　10. Time-bar

　　The MTO shall， unless otherwise expressly agreed， be discharged of allliability under these Rules unless suit is brought within 9 month afterthe delivery of the goods， or the date when the goods should have beendelivered， or the date when in accordance with Rule 5.3， failure todeliver the goods would give the consignee the right to treat the goods aslost.

　　11. Applicability of the rules to actions in tort

　　These Rules apply to all claims against the MTO relating to theperformance of the multimodal transport contract， whether the claim befounded in contract or in tort.

　　12. Applicability of the rules to the multimodal transport ope-rator's servants， agents and other persons employed by him

　　The Rules apply whenever claims relating to the performance of themultimodal transport contract are made against any servant， agent or otherperson whose services the MTO has used in order to perform the multimodaltransport contract， whether such claims are founded in contract or intort， and the aggregate liability of the MTO of such servants， agents orother persons shall not exceed the limits in Rule 6.

　　13. Mandatory law

　　These Rules shall take effect to the extent that they are not contraryto the mandatory provisions of international conventions or national lawapplicable to the multimodal transport contract

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