Article
1
Definitions
For the purposes of this Convention:
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1.
“Contract of carriage” means a contract in which a carrier, against the payment of freight, undertakes to carry goods from one place to another. The contract shall provide for carriage by sea and may provide for carriage by other modes of transport in addition to the sea carriage.
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2.
“Volume contract” means a contract of carriage that provides for the carriage of a specified quantity of goods in a series of shipments during an agreed period of time. The specification of the quantity may include a minimum, a maximum or a certain range.
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3.
“Liner transportation” means a transportation service that is offered to the public through publication or similar means and includes transportation by ships operating on a regular schedule between specified ports in accordance with publicly available timetables of sailing dates.
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4.
“Non-liner transportation” means any transportation that is not liner transportation.
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5.
“Carrier” means a person that enters into a contract of carriage with a shipper.
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6.
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a)
“Performing party”
means a person other than the carrier that performs or undertakes to perform any of the carrier’s obligations under a contract of carriage with respect to the receipt, loading, handling, stowage, carriage, keeping, care, unloading or delivery of the goods, to the extent that such person acts, either directly or indirectly, at the carrier’s request or under the carrier’s supervision or control.
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b)
“Performing party”
does not include any person that is retained, directly or indirectly, by a shipper, by a documentary shipper, by the controlling party or by the consignee instead of by the carrier.
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a)
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7.
“Maritime performing party” means a performing party to the extent that it performs or undertakes to perform any of the carrier’s obligations during the period between the arrival of the goods at the port of loading of a ship and their departure from the port of discharge of a ship. An inland carrier is a maritime performing party only if it performs or undertakes to perform its services exclusively within a port area.
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8.
“Shipper” means a person that enters into a contract of carriage with a carrier.
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9.
“Documentary shipper” means a person, other than the shipper, that accepts to be named as “shipper” in the transport document or electronic transport record.
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10.
“Holder” means:
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a)
A person that is in possession of a negotiable transport document; and (i) if the document is an order document, is identified in it as the shipper or the consignee, or is the person to which the document is duly endorsed; or (ii) if the document is a blank endorsed order document or bearer document, is the bearer thereof; or
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b)
The person to which a negotiable electronic transport record has been issued or transferred in accordance with the procedures referred to in article 9, paragraph 1.
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a)
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11.
“Consignee” means a person entitled to delivery of the goods under a contract of carriage or a transport document or electronic transport record.
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12.
“Right of control” of the goods means the right under the contract of carriage to give the carrier instructions in respect of the goods in accordance with chapter 10.
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13.
“Controlling party” means the person that pursuant to article 51 is entitled to exercise the right of control.
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14.
“Transport document” means a document issued under a contract of carriage by the carrier that:
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a)
Evidences the carrier’s or a performing party’s receipt of goods under a contract of carriage; and
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b)
Evidences or contains a contract of carriage.
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a)
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15.
“Negotiable transport document” means a transport document that indicates, by wording such as “to order” or “negotiable” or other appropriate wording recognized as having the same effect by the law applicable to the document, that the goods have been consigned to the order of the shipper, to the order of the consignee, or to bearer, and is not explicitly stated as being “non-negotiable” or “not negotiable”.
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16.
“Non-negotiable transport document” means a transport document that is not a negotiable transport document.
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17.
“Electronic communication” means information generated, sent, received or stored by electronic, optical, digital or similar means with the result that the information communicated is accessible so as to be usable for subsequent reference.
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18.
“Electronic transport record” means information in one or more messages issued by electronic communication under a contract of carriage by a carrier, including information logically associated with the electronic transport record by attachments or otherwise linked to the electronic transport record contemporaneously with or subsequent to its issue by the carrier, so as to become part of the electronic transport record, that:
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a)
Evidences the carrier’s or a performing party’s receipt of goods under a contract of carriage; and
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b)
Evidences or contains a contract of carriage.
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a)
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19.
“Negotiable electronic transport record” means an electronic transport record:
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a)
That indicates, by wording such as “to order”, or “negotiable”, or other appropriate wording recognized as having the same effect by the law applicable to the record, that the goods have been consigned to the order of the shipper or to the order of the consignee, and is not explicitly stated as being “non-negotiable” or “not negotiable”; and
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b)
The use of which meets the requirements of article 9, paragraph 1.
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a)
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20.
“Non-negotiable electronic transport record” means an electronic transport record that is not a negotiable electronic transport record.
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21.
The “issuance” of a negotiable electronic transport record means the issuance of the record in accordance with procedures that ensure that the record is subject to exclusive control from its creation until it ceases to have any effect or validity.
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22.
The “transfer” of a negotiable electronic transport record means the transfer of exclusive control over the record.
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23.
“Contract particulars” means any information relating to the contract of carriage or to the goods (including terms, notations, signatures and endorsements) that is in a transport document or an electronic transport record.
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24.
“Goods” means the wares, merchandise, and articles of every kind whatsoever that a carrier undertakes to carry under a contract of carriage and includes the packing and any equipment and container not supplied by or on behalf of the carrier.
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25.
“Ship” means any vessel used to carry goods by sea.
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26.
“Container” means any type of container, transportable tank or flat, swapbody, or any similar unit load used to consolidate goods, and any equipment ancillary to such unit load.
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27.
“Vehicle” means a road or railroad cargo vehicle.
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28.
“Freight” means the remuneration payable to the carrier for the carriage of goods under a contract of carriage.
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29.
“Domicile” means (a) a place where a company or other legal person or association of natural or legal persons has its (i) statutory seat or place of incorporation or central registered office, whichever is applicable, (ii) central administration or (iii) principal place of business, and (b) the habitual residence of a natural person.
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30.
“Competent court” means a court in a Contracting State that, according to the rules on the internal allocation of jurisdiction among the courts of that State, may exercise jurisdiction over the dispute.