(7) Where the multimodal transport operator or a person acting on his behalf knows, or has reasonable grounds to suspect, that the particulars furnished by the consignor in the multimodal transport document do not accurately represent the goods actually taken ia charge, or if he has no reasonable means of checking such particulars, the multimodaf transport operator or a person acting on his behalf shall insert in the multimodal transport document a reservation specifying the, inaccuracies, if any, the grounds of suspicion or the absence of reasonable means of checking the particulars.
(2) Where the raultimodal transport operator or a person acting on his behalf fails to insert the reservation in the multimodal transport document relating to the apparent condition of the goods, he shall be deemed to have accepted the goods in apparent good condition,
11. Save as provided in section 10,—' ,
(a) the multimodal transport document shall be prima facie evidence of the fact the multimodal transport operator has taken charge of the goods as described in the document; and (t>) no proof to the contrary by the multimodal transport operator shall be admissible if the multimodal transport document is issued in negotiable form and has been transmitted to the consignee or transferred by the consignee to a third party, if the consignee or the third party has acted in good faith relying on the description of the goods in the document.
12w (/) The consignor shall be deemed to have guaranteed' to the multimodal transport operator the adequacy and accuracy, at the time the m'eJtimodal transport operator takes charge of the goods, of the particulars referred to in clauses («) and (b) of section 9 as furnished by the consignor for insertion in the multimodal transport document.
(2) The consignor shall indemnify the multimodal transport operator against loss resulting from inadequacy or inaccuracy of the particulars Tfifefredtito in sub-section (2).
(3) The right of the muttJu^Klii.tisiciisport operator under sub-section (2) shall in no way limit his liability under the multimodal transport contract to any person other than the consignor.
Basis of liability of multimodal trattoprt operator.
CHAPTER IV RESPONSIBILITIES AND UABTLtTIBS OF THE MULTTMOOAL TRANSPORT OPERATOR
13. (I) The m-ultimodal transport operator shall be! liable for loss resulting from— ]
(a) any loss of, or damage to, the consignment;
Sfec. ij THE GAZETTE OF INDIA EXTRAORDINARY 7
(b) delay in delivery of the consignment and any consequential loss or damage arising from such delay, where such loss, damage or delay in delivery took place while the consignment was in his charge:
Provided that the multimodal transport operator shall not be liable if he proves that no fault or neglect on his part or that of his servants or agents had caused or contributed to such loss, damage or delay in delivery:
Provided further that the multimodal transport operator shall not be liable for loss or damage arising out of delay in delivery unless the consignor had made a declaration of interest in timely delivery which has been accepted by the multimodal transport operator.
Explanation.—For the purposes of this sub-section, "delay in delivery" shall be deemed to occur when the consignment has not been delivered Within the time expressly agreed upon or, in the absence of such agreement, within a reasonable time required by a diligent multimodal transport operator, having regard to the circumstances of the case, to effect the delivery of the consignment.
(2) If the consignment has not been delivered within ninety consecutive days following the date of delivery expressly agreed upon or the reasonable time referred to in the Explanation to sub-section (1), the claimant may treat the consignment as lost.
14.. (2) Where a multimodal transport operator becomes liable for any loss of, or damage to, any consignment, the nature and value whereof have not been declared by the consignor before such consignment has been taken in charge by the multimodal transport operator and the* stage of transport at which such loss or damage occurred is not known, then the liability of the multimodal transport operator to pay compensation shall not exceed two Special Drawing Rights per kilogram of the gross weight of the consignment lost or damaged or 666.67 Special Drawing Rights per package or unit lost or damaged, whichever is higher.
Explanation.--For the purposes of this sub-section, where a container, pallet or similar article of transport is loaded with more than one package or unit, the packages or units enumerated in the multimodal transport document, as packed in such container, pallet or similar article of transport shall be deemed as packages or units.
(2) Notwithstanding anything contained in sub-section (1), if the multimodal transportation does not, according to the multimodal transport contract, include carriage of goods by sea or by inland waterways, the liability of the multimodal transport operator shall be limited to an amount not exceeding 8.33 Special Drawing Rights per kilogram of the gross weight of the goods lost or damaged.
Limits of liability when the nature and value of the consignment have not been declared and stage of transport wharto loss or damage occurred h not known.
8 THE GAZ3£CB GF INtMA EXTRAQRDINARY [Paidr ti*- Limits of liability when the nature and value of the consignment have not been declared and stage of transport where lota or damage occurred is known.
Liability Of the multimodal transport operator in case of delay in delivery of goods under certain circumstances.
Assessment of compensation.
Loss of right of multi- .
modal , transport Operator to limit liability.
limit of liability of multimodal transport operator for total loss of goods.
15. Where a midtiraodal tt^neport operator becomes liable for any loss of, or damage to, any consignment,tn$ nature and value whereof have not been declared by the consignor before such consignment has bean taken in eharge by the mttltimodal transport operator and the stage of tran«f port at which such loss or damage occurred is known, then.-the limit of the liability of the multimodal transport operator for such loss or damage shall be determined in accordance with the provisions of the relevant law applicable in isJation to the mode oi tra^iiport during the course of which the loss or damage occurred and any stipulation in the multtaodal transport contract to the contrary shall he void and unenforceable.
16. Where delay in delivery of the consignment occurs under any of the droumasfiaaCBS mentioned in the Explanation to sub-section (1) of section 13, or any consequential loss or damage arises from such delay, then, the liability of the multimodal transport operator shim be limited to the freight payable for the consignment so delayed.
17. (I) Assessment of compensation for loss of, or damage to, the consignment shall be made with reference to the^yalue of sucticonsignment at the place where, and the time at; which, such consignment is delivered to the consignee or at the place atid time when, in accordance with the multimodaT transport contract, it should have been delivered.
(2) The value of the consignment shall be; determined according to the current commodity exchange prfjse, or, if there is no such pries, accevdrag to the current market price, or, if the current market price f» not aseertainable, with reference tQ ^b^^ | |na l value of a ccS^gnmejit of.
the same kind and quantity. rV; "V 7 •':-'" . >
18. The muMmodal transport operator shall not be entitled to the benefit of limitation of liability untiter any of the provisions of th^'JShapr ter if it is proved that the loss, damage or delay in delivery f '̂ 'ifcoiBslgnment resulted frbrh an aet or caiftia^^ol the m^ltimO6»f; transport operator with intent to cause su f̂-lpSi,'"'-d&H^ge" ax delay or recklessly and with knowledge that such loss, damage or delay would probably result.
19. The njufetoadal transport operator shall not, in any case,, b^ fiaMe for mi JBWW* ftteatar than the HabiHty for tott4 loss of goods- for which a person will be entitled to make a -daim agajBst Mm under Ae provisions of tfeis Ordinance.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9