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Airfreight International |
Seafreight International |
International Road European Area |
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WarsavTreaty of 1929 modified by 4 subsequent protocols. |
a) Brussels Treaty of 1924 modified in 1968 and 1979 (Haya-Visby Rules)
b)Hamburg Rules of 1978.
c)Maritime Transportation Law of 1949. | CMR Geneva Treaty 1956 |
Document |
Airway bill of lading (AWB) |
Bill of lading |
Consignment note CMR |
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Freight Forwarder IATA agent |
Freight Forwarder.Shipping Agent |
Freight Forwarder.Trucking Company ,Carrier. |
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Air Company or IATA agent |
Ship Owner, Captain, Shipping Agent ,Freigth Forwarder. | Freight Forwarder.Trucking Company ,Carrier. |
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No securities. Non negotiable. |
Securities,negotiable
Susceptible to be non negotiable |
No securities.Non negotiable (except agreed) |
Period of contractual execution
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Airport designated in AWB to Airport designated in AWB
(Period "under care of" carrier) |
a) From laden on board until discharged on pier.
b) R. Hamburg: From acceptance until delivery (under carriers custody) | From the place of loading until the place of unloading which figures in the CMR or other equivalent document. |
System of responsability for loss or fault
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Presumed guilt.Exoneration if there is proof of:
Due diligence,force majeure |
C. Br.: Responsible for commercial faults.Not responsible for nautical faults and other 16 cases. R Hamburg:
Presumed guilt almost objective . Exoneration for due diligence and other exceptional cases. | Presumed guilt.Exonaration if there is proof of: Sender blame, force majeure, fortuitous cases ,opened vehicles, deficient packing,sender stowage. |
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Fixed date:next day
Non fixed date; reasonable time |
C. Br.Maritime Transportation Law: ot contemplated R.Hamburg: fixed date: next day non fixed date:reasonable time. |
Fixed date:next day: if more than 30 days, lost goods.
Non fixed date:reasonable time:
If more than 60 days after loading,lost goods.
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Contingency Reserves
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Throught damage
a) Evident faults: at delivery
b)Concealed damages:14 natural days (action required)
Though delay:21 days from delivery at destination. |
Throught damage : Evident faults: C. Br.: at delivery; R. Hamb.: 1 working day . Concealed Damages: C. Br.: 3 natural days; R. Hamb.: 15 working days.Through delay (only R.Hamburg):60 days from delivery |
Throught damage
a) Evident faults: at delivery
b)Concealed damages:7 working days
Though delay:21 days from delivery (action required) |
Prescription
Period
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2 years,expiry |
C.Br.: 1year since delivery. R. Hamb.: 2 years. |
1 year ;if unfair, 3 years |
Compensation
Limits
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17 DEG/Kg (±22 US$/Kg)
Without emission of AWB or no mention of weight:nolimits |
C.Br.:Biggest between:
*666,67 DEG/bulk or unit
*2 DEG/kg gross
(does not regulate delay)
R. Hamb.: Biggest between *835 DEG/bulk *2,5 DEG/Kg
Delay: 2,5 times the freight. | a) Per loss or damage: 8,33 DEG/Kg
b) Delay: transportation rate. |
Freight claim
period
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6 months |
6 months | 15 months from conclusion of transportation contract. |
Company
