RIGHTS AND OBLIGATIONS OF THE SENDER AFTER TRANSPORT

OBLIGATIONS

The sender is obliged to provide the recipient with the information in accordance with Article 30(1).

1. If the recipient accepts the goods without checking their condition together with the carrier or without notifying the carrier of reservations indicating the type of shortage or damage at the latest at the time of delivery in the case of visible defects or damage, or within seven days from the delivery date excluding Sundays and public holidays in the case of hidden defects or damage – it is presumed, unless proven otherwise, that the goods were received in the condition described in the consignment note. The above reservations should be made in writing in the case of hidden defects or damage.

2. If the condition of the goods was checked jointly by the recipient and the carrier, contrary evidence cannot be presented unless the case involves hidden defects or damage and the recipient submitted written reservations to the carrier within seven days from the date of inspection, excluding Sundays and public holidays.

3. Delay in delivery may be grounds for compensation only if a written reservation was submitted within 21 days from the date the goods were made available to the recipient.

What actions can the carrier take when the recipient refuses to accept the goods

The best measure for the sender is delivery to the recipient. However, if the recipient refuses, continuing the journey until obtaining relevant instructions may be unprofitable, as the recipient may consistently reject the goods. The most advantageous solution is to stop and await the sender’s instructions in a location ensuring the safety of the goods. If the recipient refuses acceptance after delivery to the destination, Article 15(1) of the CMR Convention applies: “If obstacles arise after the arrival of the goods at the place of destination, the carrier shall request instructions from the sender.” In such cases, the carrier must act in accordance with Article 15(1) and wait for the sender’s instructions at the delivery location, refraining from further action until then.

Additionally, under Article 16(1), the carrier has the right to reimbursement of costs incurred from requesting or executing the instructions, unless the costs were due to his own fault. These may include, e.g., lost profit from missing other service opportunities, demurrage charges while waiting for instructions, and storage fees if incurred.

The carrier also has the right to reimbursement of costs related to requesting instructions, not only those resulting from executing the sender’s instructions.

The carrier may invoke Article 16 of the CMR Convention only if instructions are not received “within a reasonable time,” are not received at all, or waiting for them poses a risk to the goods.

Article 16

1. The carrier has the right to reimbursement of costs incurred from requesting or executing instructions, provided these costs are not due to his fault.

2. In cases provided for in Article 14(1) and Article 15, the carrier may immediately unload the goods at the expense of the entitled person; after unloading, the transport is considered completed. The carrier then assumes custody of the goods. He may entrust them to a third party and is then only liable for reasonably selecting that person. The goods are subject to charges from the consignment note and any other incurred costs.

3. The carrier may proceed to sell the goods without awaiting instructions if spoilage or condition justifies it or if storage costs are disproportionately high compared to the value. In other cases, he may sell if no contrary instructions are received within a reasonable time.

4. If goods are sold under this article, the sale amount must be made available to the entitled person after deducting the incurred costs. If these costs exceed the sale amount, the carrier is entitled to the difference.

5. The sale procedure is governed by the laws or customs of the place where the goods are located.

Proper conduct

When requesting instructions regarding the next steps with the goods (preferably in writing), it is advisable to indicate a specific date (often also time) by which instructions must be issued, and to inform the sender/client that if no instructions are received, specific actions will be taken. The convention grants carriers powers (as described above) allowing actions ranging from storage at the sender’s cost (Article 16.2 CMR) to the sale of goods and reimbursement (Article 16.3 CMR). This approach increases the chance of constructive action by the sender, avoiding emergency storage or sale and related costs.

DAMAGED GOODS

• Prepare a damage report signed by both parties: the recipient and the driver.

• Take photo documentation or secure camera footage, ideally showing the vehicle’s license plate that picked up/delivered the goods.

• Mandatory entry about the damage on the CMR.

NON-CONFORMITY OF GOODS / FAILURE TO FOLLOW INSTRUCTIONS

OBLIGATION:

• Inform the carrier/client about entering the non-conformity in the CMR document.

• Document the non-conformity.

• Damage under an order covered by CARGO insurance.

It is absolutely necessary to remember:

The report, CMR entry, and photos are necessary to report damage under the CARGO policy.

Documents must be created at the time of the event in the presence of the driver and signed by him.

The insurer only reimburses visible damage found within the driver’s liability period, not hidden damage:

• Visible Damage – shortages or damage visible at the time of goods receipt, e.g., a broken glass panel on a rack.

• Hidden Damage – shortages or damage not visible at the time of receipt, e.g., water damage of packaged goods; packaging intact, but goods later found damaged.