The CMR Convention
Convention on the Contract for the International Carriage of Goods by Road
(Geneva, 19 May 1956)
Preamble
The Contracting Parties,
Recognizing the desirability of standardizing the conditions governing the contract for the international carriage of goods by road, in particular with regard to the documents used for such carriage and the liability of the carrier,
Have agreed as follows:
CHAPTER I
Scope
Article 1
This Convention shall apply to every contract for the carriage of goods by road in vehicles for reward when the place of taking over the goods and the place designated for delivery, as specified in the contract, are situated in two different countries, of which at least one is a Contracting Country, irrespective of the place of residence and the nationality of the parties.
For the purposes of this Convention, the term “vehicle” shall mean motor vehicles, articulated vehicles, trailers and semi-trailers as defined in Article 4 of the Convention on Road Traffic of 19 September 1949.
This Convention shall also apply when the carriage falling within its scope is carried out by States or by governmental institutions or organizations.
This Convention shall not apply:
(a) to carriage performed under the terms of any international postal convention;
(b) to the carriage of corpses;
(c) to the removal of furniture.The Contracting Parties agree not to vary any of the provisions of this Convention by special agreements between two or more Contracting Parties, except for excluding its application to their frontier traffic or for allowing the use of consignment notes establishing title to the goods for carriage performed entirely within their territories.
Article 2
Where the vehicle containing the goods is carried for part of the journey by sea, rail, inland waterways or air, and, except where the provisions of Article 14 apply, the goods are not unloaded from the vehicle, this Convention shall apply to the whole of the carriage.
If it is proven that any loss, damage or delay in delivery occurring during carriage by the other mode of transport was not caused by an act or omission of the road carrier but by an event which could only have occurred in the course of and by reason of carriage by that other mode, the liability of the road carrier shall be determined not by this Convention but in the manner in which the liability of the carrier by that other mode would have been determined if the contract of carriage had been concluded directly between the sender and that carrier in accordance with the rules governing that mode of transport. However, if there are no such rules, the liability of the road carrier shall be determined by this Convention.
If the road carrier also performs carriage by other modes of transport, its liability shall likewise be determined in accordance with paragraph 1, as if its function as road carrier and its function as carrier by the other mode were performed by two different persons.
CHAPTER II
Persons for whom the carrier is responsible
Article 3
For the purposes of this Convention, the carrier shall be responsible for the acts and omissions of its agents, servants and all other persons of whose services it makes use for the performance of the carriage, when such agents, servants or other persons are acting within the scope of their employment, as if such acts and omissions were its own.
CHAPTER III
Formation and Performance of the Contract of Carriage
Article 4
The contract of carriage shall be evidenced by the issue of a consignment note. The absence, irregularity, or loss of the consignment note shall not affect the existence or validity of the contract of carriage, which shall nevertheless be subject to the provisions of this Convention.
Article 5
The consignment note shall be made out in three original copies, signed by the sender and the carrier. These signatures may be printed or replaced by the stamps of the sender and the carrier, where this is permitted by the law of the country in which the consignment note is made out.
The first copy shall be handed to the sender, the second shall accompany the goods, and the third shall be retained by the carrier.Where the goods to be carried have to be loaded onto several vehicles, or where the goods are of different kinds or divided into several consignments, the sender or the carrier shall have the right to require a separate consignment note to be made out for each vehicle used, or for each kind of goods or each separate consignment.
Article 6
The consignment note shall contain the following particulars:
a) the date and place of issue of the consignment note;
b) the name and address of the sender;
c) the name and address of the carrier;
d) the place and date of taking over the goods and the place designated for delivery;
e) the name and address of the consignee;
f) the commonly accepted description of the nature of the goods and the method of packing, and, in the case of dangerous goods, their internationally recognized description;
g) the number of packages and their special marks and numbers;
h) the gross weight of the goods or the quantity otherwise expressed;
i) charges relating to the carriage (carriage charges, ancillary charges, customs duties, and other charges incurred from the time the contract is concluded until delivery of the goods);
j) the instructions necessary for compliance with customs and other formalities;
k) a statement that the carriage is subject, notwithstanding any clause to the contrary, to the provisions of this Convention.Where applicable, the consignment note shall also contain the following particulars:
a) a statement that transshipment is prohibited;
b) charges which the sender undertakes to pay;
c) the amount of charges payable on delivery;
d) the declared value of the goods and the amount representing their special interest in delivery;
e) the sender’s instructions to the carrier regarding insurance of the goods;
f) the agreed period within which the carriage is to be completed;
g) a list of documents handed over to the carrier.The parties may enter in the consignment note any other particulars which they consider useful.
Article 7
The sender shall be liable for all expenses, loss, and damage incurred by the carrier as a result of the inaccuracy or inadequacy of:
a) the particulars referred to in subparagraphs (b), (d), (e), (f), (g), (h), and (j) of paragraph 1 of Article 6;
b) the particulars referred to in paragraph 2 of Article 6;
c) any other particulars or instructions furnished by the sender for the purpose of making out the consignment note or for the inclusion of such particulars therein.If, at the request of the sender, the carrier enters the particulars referred to in paragraph 1 of this Article in the consignment note, it shall be presumed, unless the contrary is proved, that he has done so on behalf of the sender.
If the consignment note does not contain the statement referred to in subparagraph (k) of paragraph 1 of Article 6, the carrier shall be liable for all expenses, loss, and damage which the person entitled to dispose of the goods may suffer as a result thereof.
Article 8
On taking over the goods, the carrier shall check:
a) the accuracy of the particulars entered in the consignment note as to the number of packages as well as their marks and numbers;
b) the apparent condition of the goods and their packaging.Where the carrier has no reasonable means of checking the accuracy of the particulars referred to in subparagraph (a) of paragraph 1 of this Article, he shall enter his reasoned reservations in the consignment note. He shall likewise specify the grounds for any reservations made by him with regard to the apparent condition of the goods and their packaging. Such reservations shall not be binding on the sender unless the sender has expressly agreed to be bound by them and has entered such agreement in the consignment note.
The sender shall be entitled to require the carrier to check the gross weight of the goods or the quantity otherwise expressed. He may also require the carrier to check the contents of the packages. The carrier may claim reimbursement of the costs of such checks. The results of the checks shall be entered in the consignment note.
Article 9
The consignment note shall be prima facie evidence of the making of the contract of carriage, the conditions of the contract, and the taking over of the goods by the carrier.
If the consignment note does not contain any special reservations by the carrier, it shall be presumed, unless the contrary is proved, that the goods and their packaging were in apparent good condition at the time the goods were taken over by the carrier, and that the number of packages as well as their marks and numbers corresponded to the particulars stated in the consignment note.
Article 10
The sender shall be liable to the carrier for any damage caused to persons, equipment or other goods, and for any expenses incurred as a result of defective packaging of the goods, except where the defect was apparent or known to the carrier at the time the goods were taken over and the carrier made no reservations in that respect.
Article 11
For the purposes of customs and other formalities which must be completed before delivery of the goods, the sender shall attach to the consignment note the necessary documents or place them at the disposal of the carrier, and shall furnish the carrier with all information required for that purpose.
The carrier shall not be bound to check the accuracy or adequacy of such documents and information. The sender shall be liable to the carrier for any loss or damage resulting from the absence, inadequacy or inaccuracy of such documents and information, except in the case of wrongful acts or negligence on the part of the carrier.
The carrier shall be liable, as an agent, for the consequences of the loss or improper use of the documents referred to in the consignment note and attached thereto or placed at his disposal; however, the compensation payable by the carrier shall not exceed the amount which would be payable in the event of loss of the goods.
Article 12
The sender shall have the right to dispose of the goods, in particular to require the carrier to stop the carriage, to change the place designated for delivery of the goods, or to deliver the goods to a consignee other than the one indicated in the consignment note.
The sender shall lose this right when the second copy of the consignment note has been handed over to the consignee or when the consignee has exercised his rights under paragraph 1 of Article 13. From that moment onwards, the carrier shall comply with the instructions of the consignee.
Nevertheless, the right of disposal shall vest in the consignee from the time the consignment note is made out if the sender has made a corresponding entry in the consignment note.
Where, in exercising his right of disposal, the consignee orders the goods to be delivered to another person, that person shall not be entitled to appoint a further consignee.
The right of disposal shall be exercised subject to the following conditions:
a) the sender or, in the case referred to in paragraph 3 of this Article, the consignee wishing to exercise this right shall produce the first copy of the consignment note containing the new instructions for the carrier and shall indemnify the carrier against all expenses, loss or damage resulting from the execution of such instructions;
b) the execution of such instructions must be possible at the moment when they reach the person required to carry them out, must not interfere with the normal course of the carrier’s business, and must not prejudice the senders or consignees of other consignments;
c) such instructions shall not result in the division of the goods.If the carrier is unable to carry out the instructions received by reason of the provisions of subparagraph (b) of paragraph 5 of this Article, he shall immediately notify the person who gave such instructions.
The carrier who fails to carry out the instructions given to him in accordance with the provisions of this Article, or who carries them out without requiring production of the first copy of the consignment note, shall be liable to the person entitled to bring a claim for any loss or damage thereby caused.
Article 13
After the arrival of the goods at the place designated for delivery, the consignee shall be entitled to require the carrier to hand over to him the second copy of the consignment note and the goods in exchange for a receipt.
If the loss of the goods is established or if the goods have not arrived after the expiry of the period specified in Article 19, the consignee may, in his own name, bring a claim against the carrier based on the rights arising out of the contract of carriage.The consignee who makes use of the rights conferred on him by paragraph 1 of this Article shall pay the charges shown as payable in the consignment note.
In the event of a dispute on this matter, the carrier shall not be bound to deliver the goods unless the consignee provides appropriate security for payment.
Article 14
If, for any reason, it is or becomes impossible to perform the contract of carriage under the conditions laid down in the consignment note before the goods reach the place designated for delivery, the carrier shall request instructions from the person entitled to dispose of the goods in accordance with Article 12.
Nevertheless, if circumstances allow the carriage to be carried out under conditions different from those laid down in the consignment note and if the carrier has been unable to obtain instructions in due time from the person entitled to dispose of the goods in accordance with Article 12, the carrier shall take such steps as he considers to be in the best interests of that person.
Article 15
If circumstances arise which prevent delivery of the goods after their arrival at the place designated for delivery, the carrier shall request instructions from the sender.
If the consignee refuses to accept the goods, the sender shall be entitled to dispose of the goods without producing the first copy of the consignment note.The consignee, even if he has refused to accept the goods, may nevertheless require their delivery until the carrier has received instructions to the contrary from the sender.
If the obstacle to delivery arises after the consignee, in accordance with the right conferred on him by paragraph 3 of Article 12, has ordered the goods to be delivered to another person, paragraphs 1 and 2 of this Article shall apply as if the consignee were the sender and such other person were the consignee.
Article 16
The carrier shall be entitled to reimbursement of expenses incurred in requesting instructions or in carrying out such instructions, provided that such expenses are not the result of his own act or neglect.
In the cases referred to in paragraph 1 of Article 14 and in Article 15, the carrier may immediately unload the goods at the expense of the person entitled to dispose of them, and after such unloading the carriage shall be deemed to be completed.
Thereafter, the carrier shall store the goods on behalf of the person entitled to dispose of them. The carrier may, however, entrust the storage of the goods to a third party, in which case he shall be liable only for the due and careful selection of such third party.
The charges shown in the consignment note and all other expenses shall remain payable upon delivery of the goods.The carrier may sell the goods without awaiting instructions from the person entitled to dispose of them if the goods are perishable, if their condition so requires, or if the cost of storage would be excessive in relation to their value.
In other cases, the carrier may also sell the goods if he has not received, within a reasonable time, instructions to the contrary from the person entitled to dispose of the goods, the execution of which could reasonably be required of him.In the event of a sale of the goods in accordance with the provisions of this Article, the proceeds of the sale, after deduction of the expenses payable after delivery of the goods, shall be placed at the disposal of the person entitled to dispose of the goods. If such expenses exceed the proceeds, the carrier shall be entitled to recover the difference.
The procedure to be applied in the sale of the goods shall be determined by the laws or customs in force at the place where the goods are located.
CHAPTER IV
Liability of the Carrier
Article 17
The carrier shall be liable for the total or partial loss of the goods and for damage thereto occurring between the time when he takes over the goods and the time of delivery, as well as for any delay in delivery.
The carrier shall, however, be relieved of liability if the loss, damage or delay was caused by the wrongful act or neglect of the claimant, by instructions given by the claimant otherwise than as a result of the wrongful act or neglect of the carrier, by inherent defects of the goods, or by circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.
The carrier shall not be relieved of liability by reason of any defect in the vehicle used by him in order to perform the carriage, or by reason of the wrongful act or neglect of the person from whom he hired the vehicle, or of that person’s servants or agents.
Subject to the provisions of paragraphs 2 to 5 of Article 18, the carrier shall be relieved of liability where the loss or damage arises from the special risks inherent in one or more of the following circumstances:
(a) the use of open, unsheeted vehicles, where such use has been agreed upon and is expressly mentioned in the consignment note;
(b) the absence of, or defective condition of, packaging in cases where goods, by their nature, are liable to wastage or damage when not packed or when packed inadequately;
(c) handling, loading, stowage or unloading of the goods by the sender or the consignee or by persons acting on behalf of the sender or the consignee;
(d) the inherent nature of certain kinds of goods which are liable to total or partial loss or damage, in particular through breakage, rust, decay, desiccation, normal leakage, or the action of vermin or pests;
(e) insufficiency or inadequacy of marks or numbers on the packages;
(f) the carriage of live animals.Where, under this Article, the carrier is not liable for certain circumstances which caused the loss, damage or delay, he shall nevertheless be liable to the extent that the circumstances for which he is responsible under this Article contributed to such loss, damage or delay.
Article 18
The burden of proof that the loss of the goods, damage thereto or delay in delivery was due to one of the circumstances specified in paragraph 2 of Article 17 shall rest upon the carrier.
Where the carrier shows that, having regard to the circumstances of the case, the loss or damage could be attributed to one or more of the special risks referred to in paragraph 4 of Article 17, it shall be presumed that the loss or damage was so caused. Nevertheless, the claimant shall be entitled to prove that the loss or damage was not, in fact, attributable, in whole or in part, to one or more of those risks.
The presumption provided for in paragraph 2 of this Article shall not apply in the case referred to in subparagraph (a) of paragraph 4 of Article 17, where the loss exceeds the normal allowance or where whole packages are lost.
Where carriage is effected by vehicles specially equipped to protect the goods against the effects of heat, cold, variations of temperature or humidity, the carrier shall not be entitled to rely on subparagraph (d) of paragraph 4 of Article 17 unless he proves that:
all measures required of him, having regard to the circumstances, in respect of the selection, maintenance and use of such equipment were taken; and
he complied with any special instructions given to him.
The carrier shall not be entitled to rely on subparagraph (f) of paragraph 4 of Article 17 unless he proves that all measures which he was required to take, having regard to the circumstances, were taken and that he complied with any special instructions given to him.
Article 20
The fact that the goods have not been delivered within thirty days following the expiry of the agreed time limit, or, where no time limit has been agreed, within sixty days from the date on which the goods were taken over by the carrier, shall be conclusive evidence of the loss of the goods, and the person entitled to make a claim may thereupon treat them as lost.
The person so entitled may, upon receipt of compensation for the lost goods, give the carrier written notice requesting that he be informed immediately should the goods be found within one year from the date of payment of compensation. Written acknowledgement of such request shall be given.
Within thirty days of receiving notice that the goods have been found, the person entitled may require delivery of the goods to him, subject to:
payment of the charges shown in the consignment note; and
repayment of the compensation received, exclusive of any sums included therein.
This shall be without prejudice to any claim for compensation for delay in delivery under Articles 23 and 26, where applicable.
In the absence of the request referred to in paragraph 2 of this Article, or of any instructions given within the thirty-day period referred to in paragraph 3, or if the goods have not been found within one year from the date of payment of compensation, the carrier shall be entitled to dispose of the goods in accordance with the law of the place where they are situated.
Article 21
Where the goods have been delivered to the consignee without collection of the cash on delivery charge which the carrier was required to collect from the consignee under the contract of carriage, the carrier shall be liable to compensate the consignor for the amount of such charge, without prejudice to his right of recourse against the consignee.
Article 22
Where the consignor hands over dangerous goods to the carrier, he shall inform the carrier of the precise nature of the danger and, if necessary, indicate the precautions to be taken. If this information is not entered in the consignment note, the burden of proving by other means that the carrier was aware of the exact nature of the danger shall rest upon the consignor or the consignee.
Dangerous goods of which the carrier was not aware under the conditions laid down in paragraph 1 of this Article may, at any time and at any place, be unloaded, destroyed or rendered harmless by the carrier without payment of compensation; furthermore, the consignor shall be liable for all costs, loss or damage arising out of the handing over of such goods for carriage or their carriage.
Article 23
Where, under the provisions of this Convention, the carrier is bound to compensate for the total or partial loss of the goods, such compensation shall be calculated by reference to the value of the goods at the place and time at which they were taken over for carriage.
The value of the goods shall be fixed according to the commodity exchange quotation, or, if there is no such quotation, according to the current market price, or, if there is no commodity exchange quotation or current market price, by reference to the normal value of goods of the same kind and quality.
Compensation shall not, however, exceed 25 francs per kilogram of gross weight short. The term “franc” means a gold franc of the weight of 10/31 of a gram and fineness of 0.900.
In addition, the carriage charges, customs duties and other charges incurred in respect of the carriage of the goods shall be refunded in full in the case of total loss and in proportion to the loss sustained in the case of partial loss. No further damages shall be payable.
In the case of delay in delivery, if the claimant proves that damage has been caused thereby, the carrier shall be bound to pay compensation for such damage, not exceeding the carriage charges.
Higher compensation may be claimed only if the value of the goods or a special interest in delivery has been declared in accordance with Articles 24 and 26 of this Convention.
Article 24
The consignor may, against payment of an agreed surcharge, declare in the consignment note a value for the goods exceeding the limit laid down in Article 23, paragraph 3. In such case, the declared value shall replace that limit.
Article 25
In the case of damage to the goods, the carrier shall pay compensation equivalent to the depreciation of the goods, such depreciation being calculated by reference to the value of the goods determined in accordance with Article 23, paragraphs 1, 2 and 4.
Compensation shall not, however, exceed:
in the case of damage to the whole consignment, the amount which would have been payable in the event of total loss;
in the case of damage to part of the consignment, the amount which would have been payable if the part damaged had been totally lost.
Article 26
The consignor may, against payment of an agreed surcharge, fix a special interest in delivery in the event of loss, damage or delay in delivery of the goods within the agreed time.
Where a special interest in delivery has been declared, compensation for additional loss or damage may be claimed, independently of the compensation provided for in Articles 23, 24 and 25, up to the amount of the interest declared.
Article 27
The claimant shall be entitled to interest on the compensation payable. Such interest shall be calculated at the rate of five per cent per annum, accruing from the date on which a written claim was sent to the carrier or, if no such claim was made, from the date on which legal proceedings were instituted.
Where the sums used for calculating the compensation are not expressed in the currency of the country in which payment is claimed, conversion shall be made at the rate of exchange applicable on the day and at the place of payment.
Article 28
Where, under the law applicable, a non-contractual claim may be made in respect of loss of or damage to the goods or delay in delivery arising out of a carriage governed by this Convention, the carrier shall be entitled to avail himself of the provisions of this Convention which exclude or limit his liability or which fix the compensation payable.
Where such a non-contractual claim in respect of loss of or damage to the goods or delay in delivery is made against one of the persons for whose acts or omissions the carrier is responsible under Article 3, such person shall likewise be entitled to avail himself of the provisions of this Convention which exclude or limit the carrier’s liability or which fix the compensation payable.
Article 29
The carrier shall not be entitled to avail himself of the provisions of this Chapter which exclude or limit his liability or which place the burden of proof on the other party if the damage was caused by his wilful misconduct or by such default on his part as, in accordance with the law of the court or arbitral tribunal seized of the case, is considered as equivalent to wilful misconduct.
The same shall apply if the wilful misconduct or default was committed by the carrier’s agents, servants or by any other persons of whose services the carrier makes use for the performance of the carriage, when such agents, servants or other persons were acting within the scope of their employment. In such cases, such agents, servants or other persons shall likewise not be entitled to avail themselves, with regard to their personal liability, of the provisions of this Chapter referred to in paragraph 1 of this Article.
CHAPTER V
Claims and Actions
Article 30
If the consignee accepts the goods without examining their condition jointly with the carrier, or fails to give the carrier notice specifying the general nature of the loss or damage not later than the time of delivery where the loss or damage is apparent, or within seven days from the date of delivery, Sundays and public holidays excepted, where the loss or damage is not apparent, the acceptance of the goods shall be prima facie evidence that the goods were delivered in the condition described in the consignment note. In the case of loss or damage which is not apparent, the notice shall be given in writing.
Where the condition of the goods has been duly examined by the consignee and the carrier, proof to the contrary shall be admissible only where the loss or damage is not apparent and provided that the consignee has duly given the carrier notice in writing within seven days from the date of the examination, Sundays and public holidays excepted.
No compensation shall be payable for delay in delivery unless a written claim has been made to the carrier within twenty-one days from the date on which the goods were placed at the disposal of the consignee.
For the purposes of the time limits referred to in this Article, the day of delivery, the day of examination, or the day on which the goods were placed at the disposal of the consignee shall not be included.
The carrier and the consignee shall afford each other all reasonable facilities for carrying out any necessary examinations or inspections.
Article 31
In all legal proceedings arising out of carriage under this Convention, the plaintiff may bring an action in any court or arbitral tribunal of a Contracting State designated by agreement between the parties and, in addition, in the courts or arbitral tribunals of the State within whose territory:
a) the defendant is ordinarily resident, or has his principal place of business, or the branch or agency through which the contract of carriage was made; or
b) the place where the goods were taken over by the carrier, or the place designated for delivery, is situated.
No other courts or arbitral tribunals shall be competent.
Where an action in respect of any dispute referred to in paragraph 1 of this Article is pending before a court or arbitral tribunal competent under that paragraph, or where judgment has been delivered by such a court or tribunal, no new proceedings between the same parties on the same grounds shall be allowed unless the judgment of the court or tribunal before which the first action was brought is not enforceable in the State in which the new action is brought.
Where a judgment relating to a dispute referred to in paragraph 1 of this Article has been delivered by a court or arbitral tribunal of a Contracting State and is enforceable in that State, it shall also be enforceable in any other Contracting State as soon as the formalities required in that State have been complied with. Such formalities shall not permit the merits of the case to be re-examined.
The provisions of paragraph 3 of this Article shall apply to judgments given after an adversarial hearing, default judgments and settlements confirmed by a judicial decision, but shall not apply to interim judgments or to judgments ordering the plaintiff to pay damages, in addition to costs, where the action has been wholly or partly dismissed.
No security for costs shall be required in proceedings arising out of carriage under this Convention from nationals of Contracting States who are resident or have their place of business in one of those States.
Article 32
The period of limitation for claims arising out of carriage governed by this Convention shall be one year. However, in the case of wilful misconduct or such default as, according to the law of the court or arbitral tribunal seised of the case, is considered equivalent to wilful misconduct, the period of limitation shall be three years. The limitation period shall run:
a) in the case of partial loss, damage to the goods, or delay in delivery, from the date of delivery;
b) in the case of total loss, from the thirtieth day after the expiry of the agreed time limit for delivery or, where no such time limit has been agreed, from the sixtieth day after the date on which the goods were taken over by the carrier;
c) in all other cases, after the expiry of a period of three months from the date of the conclusion of the contract of carriage.
The day on which the limitation period begins to run shall not be included in the calculation of that period.
A written claim shall suspend the running of the limitation period until the day on which the carrier rejects the claim in writing and returns the documents submitted with it. In the case of partial acceptance of the claim, the limitation period shall resume only in respect of that part of the claim which remains in dispute. The burden of proving the receipt of the claim or of the reply thereto, as well as the return of the documents, shall lie with the party invoking such facts. The limitation period shall not be suspended by the submission of further claims based on the same grounds.
Subject to the provisions of paragraph 2 of this Article, the suspension or extension of the limitation period shall be governed by the law of the court or tribunal seised of the case. That law shall also govern the acquisition of fresh rights of action.
Claims in respect of which the period of limitation has expired shall not be asserted by way of counterclaim or set-off.
Article 33
The contract of carriage may contain a provision conferring jurisdiction on a specified arbitral tribunal, provided that such provision stipulates that the arbitral tribunal shall apply this Convention.
CHAPTER VI
Provisions relating to carriage performed by successive carriers
Article 34
Where carriage governed by a single contract is performed by successive road carriers, each of them shall be responsible for the performance of the entire carriage. The second carrier and each successive carrier shall, by the acceptance of the goods and the consignment note, become parties to the contract of carriage under the terms laid down in the consignment note.
Article 35
The carrier who takes over the goods from a preceding carrier shall give the latter a dated and signed receipt. He shall enter his name and address on the second copy of the consignment note. Where necessary, he shall enter on the second copy of the consignment note and on the receipt reservations similar to those referred to in Article 8, paragraph 2.
The provisions of Article 9 shall apply to the relations between successive carriers.
Article 36
Except in the case of counterclaims or set-offs raised in the course of proceedings relating to a claim based on the same contract of carriage, legal proceedings in respect of loss of the goods, damage thereto or delay in delivery may be instituted only against the first carrier, the last carrier or the carrier who performed the carriage during the stage in which the event causing the loss, damage or delay occurred; proceedings may be brought at the same time against several of these carriers.