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60 days of the first carrier taking them over, even
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if there is no time limit for delivery. Calculation of compensation in the event of loss or damage is related to the value of the goods at the place and time they were accept. ed for carriage, but will not exceed a set value (this is related to SDR; see below).
Carriage charges, customs' duties and other charges for the carriage of the goods are refunded in the case of total loss, and proportionately in the case of partial loss. Higher compensation may be claimed where the value or a special interest in delivery has been declared, or where a surcharge has been paid on a declared value which exceeds the normal limit • SEVERAL CARRIERS When successive hauliers are involved in a CMR contract each is responsible for the whole operation as a party to the contract. Each successive carrier must give the previous carrier a dated receipt and must enter his name and address on the second copy of the consignment note.
A carrier who has paid compensation arising from a claim may be able to recover this money, plus interest, costs and expenses, from other carriers who were parties to the contract. The carrier responsible for the loss or damage pays the compensation, and each carrier responsible for loss or damage jointly caused will be liable to pay proportionate compensation (or compensation proportionate to their share of the carriage charges if individual responsibility cannot be decided on). If a carrier who is due to pay compensation is insolvent, his share must be paid by other carriers who are parties to the contract.
• SDR VALUE: Carrier liability under CMR is measured by Special Drawing Rights (SDR), whereby compensation must not exceed 8.33 units of account per kilogramme of gross weight short (GWS). SDR is defined by the International Monetary Fund and is converted to the national currency of the country in which any claim is made (the current rate can be checked in the financial press).
Recently the SDR rate was 1.178315, so a conversion to sterling on that day represented £9,815.36 per tonne (8.33 x 1.178315 x 1,000 = £9,815.36).
Customs duties and 5% interest on the value of the goods must also be included.