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The COTIF Convention, which has mainly European signatories, has
been incorporated by the UK in the International
Transport Convention Act 1985. The COTIF
Convention contains a revised version of CIM
Uniform Rules concerning the contract
for international carriage of goods by
rail.
CIM only applies where a CIM consignment
note is made out and only when goods
are carried over the territories of least two contracting states,
over specific railway lines, which
form part of the treaty network. It is
the consignor's duty to complete the CIM consignment note for each
consignment, or wagon. This note
provides details of the goods; the number
of packages and the weight; consignee and consignor names and addresses,
etc. The consignor
is responsible for the accuracy of the
particulars set out in the CIM note; defective packing and making
a claim within set time limits.
The railway is liable for loss, or damage,
or delay to goods between the time they are accepted and the time
they are delivered. However,
the railway has certain defences, such
as inherent vice of the goods and unavoidable circumstances, etc.
Compensation is calculated in relation
to the value at the time and the place
the goods were accepted for carriage. Compensation is fixed at an
agreed rate of SDR's per kg
in the case of loss, or damage. Compensation
is also payable of up to three times the carriage charges if the
goods are delayed,
providing the claimant can prove financial
loss
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