Colombian Commercial Code - Decree 410 of 1971 - Book IV - Of Contracts and Corporate Obligations - Title IV - Transportation Agreement - Chapter III - Transportation of Things - From: Section 1008 to: 1035 Art

COLOMBIAN COMMERCIAL CODE

CHAPTER III

Transportation of things

Modified 1008 .- Art. Decree 01 of 1990, Section 18. It will be parties to the contract of carriage things the carrier and the shipper. Will accept part of the recipient when the respective contract. For carrier means a person who agrees to receive, conduct and deliver things in the contract; sender, which requires self-employed persons, to deliver things for driving, the conditions, time and place agreed , and the recipient who sent those things. A person may be at the same time the sender and recipient. Transport under bill of lading, policy or bill of lading shall be governed by special rules.

Modified 1009 .- Art. Decree 01 of 1990, Section 19. The price or freight transportation and other expenses incurred thing on his conduct or to the time of delivery are borne by the sender. Unless otherwise provided, the recipient will be severally obligated to comply with these obligations, from the time you get to the satisfaction of the thing carried.

Modified 1010 .- Art. Decree 01 of 1990, Section 20. The sender will indicate the carrier no later than the time of delivery of the goods, the name and address of the recipient, place of delivery, the nature, value, number, weight, volume and characteristics of things as well as special conditions for the loading and will inform you when the goods have special packaging or distribution technique. The fault, inaccuracy or failure of these indications will be responsible to the sender with the carrier and the receiver of the damages that occur due precautions are not taken because of the omission, misrepresentation, or failure of such data.

The recipient of goods from abroad to become the sender of the same into the country, will not be obliged to tell the carrier if the goods have special conditions for the charge or require special packaging or distribution technique for transportation in the country.

The value that the sender must state shall consist of the cost of goods at the place of delivery to the carrier, plus packaging, taxes, freight and insurance as may be appropriate.

When the sender has made a misrepresentation regarding the nature of things, the carrier will be free from liability for any such inaccuracies, unless it is shown that the non-execution or defective execution of their duties due to his fault.

When the shipper declares a higher value of things, apply the provisions of paragraph six of Article 1031.

The carrier may decline to insert or mention in the transport document issued by the sender's statements relating to brand, number, quantity, weight or condition of the thing received when there is reason to doubt his accuracy and had no reasonable means to prove it. In this case, you must explicitly and clearly in the transport document or impossibility of such grounds.

Clauses or records that run counter to the provisions of this Article shall not have effect.

Modified 1011 .- Art. Decree 01 of 1990, Section 21. The sender is obliged to supply before clearing things, reports and documents necessary to comply with the formalities and transport police, customs, health and conditions of use. The carrier is not required to examine whether such reports or documents are accurate or sufficient.

The sender is responsible to the carrier for damages that may result from the absence, insufficiency or irregularity of such information or documents, unless the lack of documents received is attributable to the carrier, its agents or subsidiaries.

Modified 1012 .- Art. Decree. 01, 1990, Art 22. The transport exchange invoice may also drawn on the recipient, in which case the name of it is inserted after the name of the sender. In this event, the rules contained in Section VII of Chapter V of Title III of Book III of this Code.

Modified 1013 .- Art. Decree 01 of 1990, Section 23. The shipper shall deliver the goods to the carrier properly packaged and labeled according to the demands of his nature, lest any damage occurring due to lack of packaging or deficient information.

However, the carrier shall be liable for damages caused by improper handling of goods and also liable for damages from the lack or inadequacy of packing, when, knowing the circumstances, take charge of transport, if the nature or condition of the thing corresponds to that indicated by the sender.

Packing defects attributable to the sender will not release the carrier's obligations under other contracts of carriage, without prejudice to any action for recovery against the sender.

Section 1014 .- In the case of perishable things begin to get damaged during transport, the carrier may dispose of them licensed by the policing authority, whether state or nature of the same or other circumstances is not possible request or await instructions from the sender or recipient without further injury or damage.

Modified 1015 .- Art. Decree 01 of 1990, Section 24. The sender is obliged to inform the carrier of a hazardous or restricted goods having this nature and that require special handling and precautions to be taken.

The carrier can not carry goods which, by their poor condition, packaging, conditioning or other serious circumstances indicate that the regulations may constitute clear and present danger, unless they meet the requirements imposed by such regulations.

Modified 1016 .- Art. Decree 01 of 1990, Section 25. In the case of things which by their nature suffer reduction in weight or volume solely because of transportation, the carrier is not responsible for the reduction or normal decline, as determined by custom or official regulations.

Issued a single bill of lading or land freight shipment, if the transported goods are divided into lots, packages or packages with specificity, the reduction or natural wastage shall be calculated separately for each of them, when you can set your weight, volume or quantity .

Modified 1017 .- Art. Decree 01 of 1990, Section 26. The differences on the status of the thing, or its packaging, conditioning, weight nature, volume and other particulars in the contract shall be settled in his opinion.

The controversial things, while it decides may be deposited by the carrier under the rules governing the deposit.

If you remove the thing before the trip, the carrier shall be entitled to expenses are paid and is compensated for the prejudice caused the withdrawal and was restored the consignment.

If the withdrawal hath place during the trip, the carrier shall be entitled to full freight.

Modified 1018 .- Art. Decree 01 of 1990, Section 27. When the regulation issued by the Government so requires, the carrier shall be obliged to issue a transport document, knowledge, or bill of lading or land freight shipment.

The consignment and the knowledge or bill of lading shall contain the information specified in Article 768. His return without comment seems to suggest the implementation of the contract by the transporter.

The land freight shipment is a document that contain the specifications laid down in Article 1010 of the Code and the general conditions of contract.

For non-regulated events, the carrier is obliged to issue the documents mentioned above, the sender that requires limited land transport to land freight shipment.

Modified 1019 .- Art. Decree 01 of 1990, Section 28. The waybill, bill of lading knowledge or extend an original negotiable under Title III of Book III of this Code, to be delivered to the sender. The carrier may leave himself a double non-negotiable.

Land freight consignment shall be issued at least two copies, one of which, signed by the carrier must be delivered to the sender.

Section 1020 .- When issuing waybill rights recognized in this Part to the sender or the recipient may only be exercised by the lawful holder thereof, who may demand the return of the thing returning canceled that card.

Modified 1021 .- Art. Decree 01 of 1990, Section 29. Unless proved otherwise, the consignment, subject to special rules that govern it, and land freight shipment faith make the contract, its conditions, receipt of merchandise and it literally expressed in them . The provisions relating to the condition of the goods only constitute evidence against the carrier when it comes to suggestions as poor or merchandise apparent when the verification has been made by such carrier, provided that the document stating this last circumstance.

When the consignment note does not indicate the quality and the state in which things are, is presumed to have been delivered to the healthy carrier in good condition and of medium quality.

Modified 1022 .- Art. Decree 01 of 1990, Section 30. The contract, when there is no bill of lading, bills of lading or land freight shipment, evidence as provided by law.

Modified 1023 .- Art. Decree 01 of 1990, Section 31. The sender shall be entitled, subject to compliance with all its obligations under the contract of carriage, to dispose of the goods are removed from the site of departure or destination, be stopping along the route, is providing for its delivery to the destination or during the journey to a person other than the designated recipient in the waybill, bill of lading or consignment land freight or requesting his return to the departure site, provided that the exercise of this right does not harm the carrier or other senders with the obligation to reimburse the expenses that motivates.

For the execution of the orders of the sender is impossible, the carrier will contact you immediately.

If there is a bill of lading and the carrier receives the orders available to the sender without requiring the return of businesses to deliver this instance, be liable unless an action against the sender, the damage that may result to who is legitimate holder of the original waybill.

The sender will stop right at the time of the consignee begins in accordance with Article 1024. However, if the recipient refuses the merchandise, or if it is found, the sender resumes his right of disposition.

Modified 1024 .- Art. Decree 01 of 1990, Section 32. Except as indicated in the preceding Article, the consignee is entitled, on arrival of goods at destination, to require the carrier to deliver the goods, subject to compliance with the obligations contained in Article 1009 or acceptance the invoice exchange, as applicable, and compliance with other conditions specified in the contract of carriage.

When waybill is issued, the holder shall pay the amounts and fulfill the obligations in charge under the preceding paragraph.

If it finds by the carrier that the goods have been lost or if the expiration of a period of seven days from the day you have arrived, the merchandise has not arrived, the consignee is entitled to enforce with respect to the conveyor rights under the contract of carriage. This right shall, if the rightful holder of the waybill.

Modified 1025 .- Art. Decree 01 of 1990, Section 33. When the recipient changes entail a change in the route or a longer trip or wasteful, the sender must be the excess of freight and expenses incurred over the change to the carrier.

This same rule applies when you change the route or mode of transport agreed by order of the sender or recipient, but in this case, the excess of freight and additional costs are paid by the party ordering the change of route or mode of transport.

Modified 1026 .- Art. Decree 01 of 1990, Section 34. Unless provisions to the contrary, the carrier must tell the recipient the arrival of the goods.

A lack of indication of the place and date on which the thing must be delivered, the delivery takes place in offices or warehouses in the carrier determine the destination as soon as the thing has arrived.

When not possible to deliver on the agreed date site and the carrier must inform the recipient about the day and place that can deliver the goods.

Modified 1027 .- Art. Decree 01 of 1990, Section 35. The carrier is only obliged to deliver the thing carried the weight, count or measure, when in the transport document expressly stating your receipt in one of these forms.

When things move consisting of containers, pallets, crates and generally enclosed units, sealed, they are considered as charging unit and must be delivered by the carrier in the same condition you receive them.

Modified 1028 .- Art. Decree 01 of 1990, Section 36. Received without comment the thing transported, be assumed the contract.

In cases of partial loss, looting or damage, known or visible to the naked eye, the complaint must be made in the act of delivery and receipt of the thing carried.

When special circumstances prevent the immediate recognition of a thing is impossible to assess their status at the time of delivery, the recipient may receive under the condition that it be recognized. The test is done in the presence of the carrier or his designee, within three days following the date of delivery.

Modified 1029 .- Art. Decree 01 of 1990, Section 37. When disagreements arise about the true recipient of the latter's right to receive the thing transported or the conditions of delivery, or when the recipient does not receive under the previous articles, the carrier may deposit or take any other precautionary measure to recipient's expense while the case is decided by the judge in the place of delivery. Transporter may also have things expendable or susceptible to damage by its very nature or condition, licensed by the policing authority of the place. If anything should give detailed and timely notice to the sender.

Modified 1030 .- Art. Decree 01 of 1990, Section 38. The carrier liable for the total or partial loss of the thing transported, their fault and delay in delivery from the time it is received or has had to take care of her. This responsibility shall cease only when the thing is delivered to the addressee or the person designated to receive, on the site as agreed and determined by this Code.

Also cease upon expiry of the period of five days from the date for submission or announcement of the preceding article, without the person concerned has been made to withdraw or receive. In this case the carrier is entitled to be paid the usual warehousing in the square.

Modified 1031 .- Art. Decree 01 of 1990, Section 39. In case of total loss of the thing carried, the amount of compensation from the carrier that specified by the sender to the load affected.

If the loss is partial, the amount of compensation is determined according to the proportion that represents the goods against total loss of office.

Nevertheless, by stipulation expressed in the consignment note or bill of lading knowledge or land freight shipment, the parties may agree to limit compensation, which in no case be less than seventy-five percent (75%) of declared.

In the event of total loss and partial loss for loss of income the carrier will pay an additional twenty five percent (25%) of the compensation determined under the preceding paragraphs.

If loss or damage is caused by intent or gross negligence of the carrier shall be obliged to full compensation without worth or waiver provision to the contrary.

In the event that the sender does not supply the value of the goods at the latest at the time of delivery, or declare a higher value than indicated in the third paragraph of Article 1010, the carrier will only be required to pay eighty percent ( 80%) of proven value that hath the lost thing in the place and date of delivery the recipient. In the event referred to in this subsection there shall be no recognition of profits.

The provisions contrary to the provisions of the preceding paragraphs will not produce effects.

For the event of delay in delivery, the parties may, by mutual agreement, set a limit on compensation by the transporter. In the absence of any stipulation in this regard, compensation for this event will be established in court.

Modified 1032 .- Art. Decree 01 of 1990, Section 40. Damage or failure to do useless things transported, shall be treated as the same loss. Found among the things damaged some parts unscathed, the recipient is obliged to receive them, unless it be from those that make up a game.

In other cases of damage or breakdown, the recipient must receive and the carrier is obliged to cover the amount of impairment or reduction in proportion and in accordance with the provisions of the preceding article.

Modified 1033 .- Art. Decree 01 of 1990, Section 41. The carrier may exercise his lien on the effects of lead, until he is paid the postage and expenses to be supplied.

This right shall transmit a carrier to another until the last thing to check restitution.

After thirty days from one in which the sender receives notice of retention, the carrier is entitled to request the deposit and available in hammer authorized the transported goods, the amount deemed sufficient to cover your credit and get paid with the proceeds of the sale, with preference for second-class credits, without prejudice to pactaren parties.

Modified 1034 .- Art. Decree 01 of 1990, Section 42. The lien may exercise in relation to debts due from the same sender or the consignee as the case arising from previous contracts of carriage, when they meet the following requirements:

1. What relationships exist between the parties of the same nature, and

2. That debits from the services and receivables are carried fertilizers made ​​under one account.

Section 1035 .- The recipient can claim the thing transported against the carrier and exercise their other rights when they have paid the freight and other transportation costs, according to previous articles. In case of disagreement or controversy on this point the recipient may deposit the judge's orders to the value claimed by the carrier that will make immediate delivery of the thing transported while deciding the issue.

The recipient can also get immediate delivery of the thing carried, providing a guarantee to the satisfaction of the judge.