Legal
a good defence. The time limit under Clause 27(A) is generous compared with those under overriding international conventions, examples of which are as follows in connection with the carriage of goods (all notifications to be in writing): CMR Convention Loss or damage – at the time of delivery in the case of apparent loss or damage, or within seven days of delivery in the case of concealed damage. For delay – within 21 days from the date when the goods were placed at the disposal of the consignee. Hague-Visby Rules Loss or damage – at the time of removal of the goods or, if the loss or damage is not apparent, within 3 days. These rules state no time limit for notifying claims for delay . Warsaw Convention (Original – 1929) Damage – within seven days from the date of receipt of the goods. Delay – within 14 days
from the date on which the goods have been placed at the consignee’s disposal. This convention does not state a time limit for notification of loss , but most airline waybills impose a time limit of 120 days. Montreal Convention, Warsaw Convention (other versions) and the Non-International Carriage Rules (Air) As for the original Warsaw Convention, but the time limit for notifying damage is 14 days and the time limit for notifying delay is 21 days. CIM Rules for International Rail Carriage This refers to rights being extinguished instead of time limits for notification. The limits for partial loss or damage are before acceptance of the goods, or if such loss or damage was not apparent, within seven days of acceptance of the goods; where the transit period has been exceeded, the limit is 60 days. The rights are not extinguished if wilful negligence is proved.
Also, by comparison: FIATA Bill of Lading Conditions Loss or damage – when the goods are delivered, or, if loss or damage is not apparent – within six consecutive days after the goods were delivered to the consignee. RHA 2009 Conditions of Carriage Damage to the whole or part of the consignment or physical loss , mis-delivery or non-delivery of part of the consignment – advice within seven days, and a claim within 14 days of termination of transit. Any other loss – advice within 28 days, and a claim within 42 days of termination of transit – all unless it was not possible to comply with these time limits and the advice and claim given within a reasonable time. As detailed above, Clause 27 consists of two sub-clauses and a detailed explanation of Clause 27 (B) will follow next month. To view and download the full Know your 2021 Trading Conditions document scan the QR code, left.
“ The time limit under Clause 27(A) is generous compared with those under overriding international conventions
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July 2024 | 21
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