CMI Uniform Rules for Sea Waybills
(Paris,
1991)
(i)
These Rules shall be called the "CMI Uniform Rules for Sea Waybills".
(ii)
They shall apply when adopted by a contract of carriage which is not covered by
a bill of lading or similar document of title, whether the contract be in
writing or not.
In
these Rules:
"Contract of
carriage" shall mean any contract of carriage subject to these Rules which
is to be performed wholly or partly by sea.
"Goods" shall mean
any goods carried or received for carriage under a contract of carriage.
"Carrier" and
"Shipper" shall mean the parties named in or identifiable as such
from the contract of carriage.
"Consignee" shall
mean the party named in or identifiable as such from the contract of carriage,
or any person substituted as consignee in accordance with rule 6(i).
"Right of Control"
shall mean the rights and obligations referred to in rule 6.
(i)
The shipper on entering into the contract of carriage does so not only on his
own behalf but also as agent for and on behalf of the consignee, and warrants
to the carrier that he has authority so to do.
(ii)
This rule shall apply if, and only if, it be necessary by the law applicable to
the contract of carriage so as to enable the consignee to sue and be sued
thereon. The consignee shall be under no greater liability than he would have
been had the contract of carriage been covered by a bill of lading or similar
document of title.
4. Rights and Responsibilities
(i)
The contract of carriage shall be subject to any International Convention or
National Law which is, or if the contract of carriage had been covered by a
bill of lading or similar document of title would have been, compulsorily
applicable thereto. Such convention or law shall apply notwithstanding anything
inconsistent therewith in the contract of carriage.
(ii)
Subject always to subrule (i), the contract of carriage is governed by:
(a) these Rules;
(b) unless otherwise agreed
by the parties, the carrier's standard terms and conditions for the trade, if
any, including any terms and conditions relating to the non-sea part of the
carriage;
(c) any other terms and
conditions agreed by the parties.
(iii)
In the event of any inconsistency between the terms and conditions mentioned
under subrule (ii)(b) or (c) and these Rules, these Rules shall prevail.
(i)
The shipper warrants the accuracy of the particulars furnished by him relating
to the goods, and shall indemnify the carrier against any loss, damage or
expense resulting from any inaccuracy.
(ii)
In the absence of reservation by the carrier, any statement in a sea waybill or
similar document as to the quantity or condition of the goods shall
(a) as between the carrier
and the shipper be prima facie, evidence of receipt of the goods as so stated;
(b) as between the carrier
and the consignee be conclusive evidence of receipt of the goods as so stated,
and proof to the contrary shall not be permitted, provided always that the consignee
has acted in good faith.