(1) The delivery of the consignment to the consignee by the multimodal transport operator shall be treated as prima iacie evidence of delivery of the goods as described in the multimodal transport document unless notice of the general nature of loss of, or damage to, lihe g(Kwls is given in writing, by the consignee to the multimodal transport operator .it fine lime of handing over of the goods to the consignee.
(2) Where the loss or damage is not apparent, the provisions of sub- 'ection (I) shall apply unless notice in writing is given by the consignee nf the loss of, or damage to, the goods within six consecutive days after the day when the goods were handed over to the consignee.
CHAPTER V MISCELLANEOUS
21. (/) Where the consignor hands over such goods as may be prescribed to a multimodal transport operator or any person acting on behalf of such, operator, the consignor shall inform him of the nature of the dangerous goods and, if necessary, the precautions to be taken while transporting such goods.
(2) Where the consignor fails to inform the multimodal transport operator or the other person acting on behalf of such operator of the nature of the dangerous goods and such operator or person does not otiherwi^ have knowledge of the dangerous goods—
(a) the consignor shall be liable to the muiltimodal transport operator or the other person acting on behalf of such operator for a'l loss resulting from the multimodal transportation of such goods; and
(b) the goods at any time be unloaded, destroyed and rendered innocuous, as the circumstances may require, without payment of compensation.
22. (]) The muJtimodal transport operator who has not been paid the;
amount of consideration stipulated in the multimodal transport contract shall have a lien on the consignment and on the documents in his possession.
(2) Notwithstanding anything contained in sections 13, \G and 18. ihc period during which the goods are in possession of the multimodal transport operator in exueise of rrs right of b'on referred to in sub-seemm (/) shall not be included for the purposes of calculating the time of delay under any of those sections.
23. Notwithstanding anything contained in any other provision of this Ordinance, it shall be lawful for the parties to the multimodal transport contract to include in the multimodal transport document any provision relating to general average.
Explanation,*—For the purposes of this section, "general average" means loss, damage or expense reasonably incurred in order to avert danger to property in common peril and in the common interest involved in the multimodal transportation.
Noric© of low of ;
or damage lo goods.
Special provision for dangerous goods.
Right of multimodal transport operator to have Jien on Etmds and documents., Genei'al avdrage.
10 THE GAZETTE OF JND1A EXIKAORUINARY | PAW II—
24. The multimodal transport operator shall not h: liable under any oE the provisions of this Ordinance unless action against him is hrdught within nine months of—
(a) the date of delivery of the goods, or
(b) the date when the goods should have been delivered, or
(c) the date on and from which Lhe party cniilled to receive delivery of t(he goods has the right to treat the goods as lost under subsection (2) of section 13.
25. Any party to the multimodal transport eontract may institute an action in a court which is competent and witihin the jurisdiction of which is situated one of the following places, namely:—
(a) the principal place of business, or, in the absence thereof, the habitual residence, of the defendant; or
(h) the place where the multimodul transport contract was madj, provided that the defendant has a place of business, branch or agency at such place; or
(c) the place of taking charge of the goods for multimodal transportation or the place of delivery thereof; or
(d) any other place specified in the multimodal transport contract and evidenced in the multimodal transport document.