1991年联合国国际贸易运输港站经营人赔偿责任公约 UNITED NATIONS CONVENTION ON THE LIABILITY OF OPERATORS OF TRANS-PORT TERM

nt， agent or personreferred to in the preceding paragraph shall not exceed the limits ofliability provided for in this Convention.

　　Article 8 Loss of right to limit liability

　　（1） The operator is not entitled to the benefit of the limitation ofliability provided for in Article 6 if it is proved that the loss， damageor delay resulted from an act or omission of the operator himself or hisservants or agents done with the intent to cause such loss， damage ordelay， or recklessly and with knowledge that such loss， damage or delaywould probably result.

　　（2） Notwithstanding the provision of paragraph （2） of Article 7， aservant or agent of the operator or another person of whose services theoperator makes use for the performance of the transport-related servicesis not entitled to the benefit of the limitation of liability provided forin Article 6 if it is proved that the loss， damage or delay resulted froman act or omission of such servant， agent or person done with the intentto cause such loss， damage or delay， or recklessly and with knowledge thatsuch loss， damage or delay would probably result.

　　Article 9 Special rules on dangerous goods

　　If dangerous goods are handed over to the operator without beingmarked， labelled， packaged or documented in accordance with any law orregulation relating to dangerous goods applicable in the country where thegoods are handed over and if， at the time the goods are taken in charge byhim， the operator does not otherwise know of their dangerous character， heis entitled：

　　（a） To take all precautions the circumstances may require， including，when the goods pose an imminent danger to any person or property，destroying the goods， rendering them innocuous， or disposing of them byany other lawful means， without payment of compensation for damage to ordestruction of the goods resulting from such precautions， and

　　（b） To receive reimbursement for all costs incurred by him in takingthe measures referred to in subparagraph （a） from the person who failed tomeet any obligation under such applicable law or regulation to inform himof the dangerous character of the

goods.

　　Article 10 Rights of security in goods

　　（1） The operator has a right of retention over the goods for costs andclaims which are due in connection with the transport-related servicesperformed by him in respect of the goods both during the period of hisresponsibility for them and thereafter. However， nothing in thisConvention affects the validity under the applicable law of anycontractual arrangements extending the operator's security in the goods.

　　（2） The operator is not entitled to retain the goods if a sufficientguarantee for the sum claimed is provided or if an equivalent sum isdeposited with a mutually accepted third party or with an officialinstitution in the State where the operator has his place of business.

　　（3） In order to obtain the amount necessary to satisfy his claim， theoperator is entitled， to the extent permitted by the law of the Statewhere the goods are located， to sell all or part of the goods over whichhe has exercised the right of retention provided for in this Article. Thisright to sell does not apply to containers， pallets or similar articles oftransport or packaging which are owned by a party other than the carrieror the shipper and which are clearly marked as regards ownership except inrespect of claims by the operator for the cost of repairs of orimprovements to the containers， pallets or similar articles of transportor packaging.

　　（4） Before exercising any right to sell the goods， the operator shallmake reasonable efforts to give notice of the intended sale to the ownerof the goods， the person from whom the operator received them and theperson entitled to take delivery of them from the operator. The operatorshall account appropriately for the balance of the proceeds of the sale inexcess of the sums due to the operator plus the reasonable costs of thesale. The right of sale shall in all other respects be exercised inaccordance with the law of the State where the goods are located.

　　Article 11 Notice of loss， damage or delay

　　（1） Unless notice of loss or damage， specifying the general nature ofthe loss or damage， is given to the operator not later than the thirdworking day after the day when the goods were handed over by the operatorto the person entitled to take delivery of them， the handing over is primafacie evidence of the handing over by the operator of the goods asdescribed in the document issued by the operator pursuant to paragraph （1）（b） of Article 4 or， if no such document was issued， in good condition.

　　（2） Where the loss or damage is not apparent， the provisions ofparagraph （1） apply correspondingly if notice is not given to the operatorwithin 15 consecutive days after the day when the goods reached the finalrecipient， but in no case later than 60 consecutive days after the daywhen the goods were handed over to the person entitled to take delivery ofthem.

　　（3） If the operator participated in a survey or inspection of thegoods at the time when they were handed over to the person entitled totake delivery of them， notice need not be given to the operator of loss ordamage ascertained during that survey or inspection.

　　（4） In the case of any actual or apprehended loss of or damage to thegoods， the operator， the carrier and the person entitled to take deliveryof the goods shall give all reasonable facilities to each other forinspecting and tallying the goods.

　　（5） No compensation is payable for loss resulting from delay inhanding over the goods unless notice has been given to the operator within21 consecutive days after the day when the goods were handed over to theperson entitled to take delivery of them.

　　Article 12 Limitation of actions

　　（1） Any action under this Convention is time-barred if judicial orarbitral proceedings have not been instituted within a period of twoyears.

　　（2） The limitation period commences：

　　（a） On the day the operator hands over

the goods or part thereofto， or places them at the disposal of， a person entitled to take deliveryof them， or

　　（b） In cases of total loss of the goods， on the day the personentitled to make a claim receives notice from the operator that the goodsare lost， or on the day that person may treat the goods as lost inaccordance with paragraph （4） of Article 5， whichever is earlier.

　　（3） The day on which the limitation period commences is not includedin the period.

　　（4） The operator may at any time during the running of the limitationperiod extend the period by a notice to the claimant. The period may befurther extended by another notice or notices.

　　（5） A recourse action by a carrier or another person against theoperator may be instituted even after the expiration of the limitationperiod provided for in the preceding paragraphs if it is instituted within90 days after the carrier or other person has been held liable in anaction against himself or has settled the claim upon which such action wasbased and if， within a reasonable period of time after the filing of aclaim against a carrier or other person that may result in a recourseaction against the operator， notice of the filing of such a claim has beengiven to the operator.

　　Article 13 Contractual stipulations

　　（1） Unless otherwise provided in this Convention， any stipulation in acontract concluded by an operator or in any document signed or issued bythe operator pursuant to Article 4 is null and void to the extent that itderogates， directly or indirectly， from the provisions of this Convention.The nullity of such a stipulation does not affect the validity of theother provisions of the contract or document of which it forms a part.

　　（2） Notwithstanding the provisions of the preceding paragraph， theoperator may agree to increase his responsibilities and obligations underthis Convention.

　　Article 14 Interpretation of the Convention

　　In the interpretation of this Convention， regard is to be had to itsinternational character and to the need to promote uniformity in itsapplication.

　　Article 15 International transport conventions

　　This Convention does not modify any rights or duties which may ariseunder an international convention relating to the international carriageof goods which is binding on a State which is a party to this Conventionor under any law of such State giving effect to a convention relating tothe international carriage of goods.

　　Article 16 Unit of account

　　（1） The unit of account referred to in Article 6 is the SpecialDrawing Right as defined by the International Monetary Fund. The amountsmentioned in Article 6 are to be expressed in the national currency of aState according to the value of such currency at the date of judgement orthe date agreed upon by the parties. The equivalence between the nationalcurrency of a State Party which is a member of the International MonetaryFund and the Special Drawing Right is to be calculated in accordance withthe method of valuation applied by the International Monetary Fund ineffect at the date in question for its operations and transactions. Theequivalence between the national currency of a State Party which is not amember of the International Monetary Fund and the Special Drawing Right isto be calculated in a manner determined by that State.

　　（2） The calculation mentioned in the last sentence of the precedingparagraph is to be made in such a manner as to express in the nationalcurrency of the State Party as far as possible the same real value foramounts in Article 6 as is expressed there in units of account. St

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