PROCLAMATION NO. 547/2007
A PROCLAMATION TO AMEND CARRIAGE OF GOODS BY LAND.
Whereas, freight transport services play vital role in enhancing our country’s development, for the general growth of the trade service sector of the economy and for integration of the peoples of Ethiopia.
Whereas, laws of our country governing any mode of transport should be harmonized and interlinked to facilitate transport services and thereby play part in the economic development of our country.
Whereas, the law governing carriage of goods by land as enacted in the 1960 Commercial Code of Ethiopia, in particular, the basis of liability, limitation of liability and other rights and obligations should have to be made compatible with the new enacted Multimodal Transport of Goods Proclamation and thereby facilitate door-to-door transport services, and to this end amending the existing law has become necessary.
Now, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia it is hereby proclaimed as follows.
1. SHORT TITLE
This Proclamation may be cited as a “Proclamation to Amend Carriage of Goods by Land No. 547/2007”
In this Proclamation
1/ ” Contract of carriage of goods by land” means any contract whereby the carrier undertakes, for reward to transport goods overland and in Internal waters from one place to another in vehicles,
2/ “Goods” means any property including live animals as well as containers, pallets or similar articles of transport or packaging supplied by the sender/consignor,
3/ “Carrier” means the person who performs the carriage of goods by land or internal waters,
4/ “Person” means any natural or juridical person,
5/ “Sender” means the person who, either for his own account or for that of third parties, delivers goods to the carrier for carriage,
6/ “Consignee” means the person authorized to receive the goods,
7/ “Dangerous Goods” means Goods which are classified as hazardous as well as Goods which are or may become of dangerous, inflammable, radioactive, noxions or damaging nature, and comprises all that are potentially hazardous to human beings and the environment. The details shall be issued by the appropriate organ.
8/ “VEHICLE” means a motor vehicle, constructed for use for conveyance of goods and includes trailers, semi-trailers and rail wagons,
9/ “Transshipment” means transferring of goods from a vehicle or rail wagon which carriage was contracted by the sender/consignor to another vehicle or rail wagon or to another mode of transport,
10/ “Surcharge” Means an over charge above the scheduled freight rate,
11/ “Special drawing rights-” an equivalent currency of a state regarding the limit of liability of the carrier per package or kilogram which shall be calculated and paid in accordance with the method of valuation applied by the International Monetary fund.
12/ “Freight Forwarder” means a person who represents a consignor or consignee locally or internationally in fulfilling customs, port and other formalities for import and export cargo or port and includes the transportation and delivery of same.
3. SCOPE OF APPLICATION
1/ The provisions of this Proclamation shall apply to every contract for the carriage of goods by land and internal waters and if the carriage is undertaken for reward.
2/ The provisions of this Proclamation shall apply also where carriage coming’ within its scope is carried out by State or Government institutions.
3/ Without prejudice to Sub-Article (1) and (2) of this Article, the provisions of this Proclamation shall not apply to:-
a) carriage performed under the terms of postal regulations
b) household removal
4/ For the purposes of this Proclamation the carrier shall be responsible for the acts and omissions of his agents and servants and of any other persons of whose services he makes use for the performance of the carriage, when such agents, servants or other persons are acting within the scope of their employment, as if such acts or omissions were his own.
PART TWO CONCLUSION OF THE CONTRACT OF CARRIAGE.
4. CONSIGNMENT NOTE
1/ The contract of carriage shall be confirmed by the making out of a consignment note.
2/ The absence, irregularity or loss of the consignment note shall not affect the existence or the validity of the contract of carriage which shall remain valid subject to the provisions of this Proclamation.
5. COPIES OF CONSIGNMENT NOTE
1/ The consignment note shall be made out in three original copies by the sender:-
a) the first copy shall be signed by the sender and shall remain with the carrier,
b) the second copy shall be signed by the sender and the carrier and shall remain with the goods,
c) the third copy shall be signed by the carrier and handed by him to the sender after the goods have been accepted for carriage
2/ The signature mentioned in Sub-Article 1(c) of this Article may be printed or replaced by the stamps of the sender and the carrier.
3/ When the goods which are to be carried have to be loaded in different vehicles or are of different kinds or are divided into different lots, the sender or the carrier shall have the right to require a separate consignment note to be made out for each vehicle or for each kind or lot of goods.
6. PARTICULARS IN THE CONSIGNMENT NOTE
1/ The consignment note shall contain the following particulars:
a) the date of the consignment note
and the place at which it is issued,
b) the name and address of the sender,
c) the name and address of the carrier,
d) the place and the date of taking over of the goods and the place designated for delivery,
e) the name and address of the consignee,
f) the description and the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognized description,
g)the number of packages and their special marks and numbers,
h) the gross weight of the goods or their quantity otherwise expressed,
i) charges relating to the carriage; supplementary charges and other charges incurred from the making of the contract to the time of delivery,
j) attachment of the requisite instructions for Customs and other formalities in accordance with the stipulation of Article 13 of this Proclamation.
2/ Where applicable, the consignment note shall also contain the following particulars:-
a) a statement that transshipment is not allowed,
b) the charges which the sender undertakes to pay,
c) a declaration of the value of the goods,
d) the sender’s instructions to the carrier regarding the insurance of the goods, e) the agreed time-limit within which the carriage is to be carried out and the route whereby the goods are to be carried,
f) a list of the documents handed to the carrier.
3/ The parties may enter in the consignment note any other particulars not referred to in this Article which they may deem useful.
7. CONSIGNMENT NOTE TO ORDER
A consignment note may be made to order where the sender and the carrier agree.
8 – OTHER DOCUMENTS
1/ Where the sender and carrier agree, a consignment note may be replaced by any other document, such as a receipt delivered by the carrier on the sender having made all appropriate statements.
2/ If the receipt mentioned in Sub-Article (1) of this Article, or other document contains a statement contrary to the provisions of this Proclamation, the contract shall have effect in accordance with the stipulations of this Proclamation.
9. STATEMENT BY SENDER
1/ The sender shall be responsible for all expenses, loss and damage sustained by the carrier by reason of the inaccuracy or inadequacy of:
(a) the particulars specified in Article 6 Sub- Article 1 (b), (d), (e), (f), (g), (h),(i) and (j),
(b) the particulars specified in Sub- Article (2) of Article 6,
(c) any other particulars or instructions given by him to enable the consignment note to be made out or for the purpose of their being entered therein.
2/ If, at the request of the sender, the carrier enters in the consignment note the particulars referred to in Article 6(1) he shall be deemed, unless the contrary is proved, to have done so on behalf of the sender.
3/ If the consignment note does not contain the attachment specified in Article 6 Sub-Article 1
(j), or when a consignment note is replaced in accordance with Article 8 of this Proclamation by any other document, such as a receipt, which does not contain the statement referred to in article 6, the carrier shall be liable for all expenses, loss and damage sustained through such omission by the person entitled to dispose of the goods.
PERFORMANCE OF THE CONTRACT OF CARRIAGE
1/ Where the nature of the goods is such that packing is needed, the sender shall pack the goods so that they will not be lost nor damaged.
2/ The sender shall be liable for any damage arising out of defective packing.
3/ The carrier shall be liable for such damage where he accepted to carry the goods and he knew that they were not packed or the packing was defective.
11. CARRIER’S RESERVATIONS IN THE CONSIGNMENT NOTE
1/ On taking over the goods, the carrier shall check:
(a)the accuracy of the statements in the consignment note as to the quantity of goods or the number of packages and their marks and descriptions, and weight of the goods;
(b) the apparent condition of the goods and their Packaging.
2/ Where the carrier has no reasonable means of checking the accuracy of the statements referred to in Sub-Article (1) of this Article, he shall enter his reservations in the consignment note together with the grounds on which they are based. He shall likewise specify the grounds for any reservations which he makes with regard to the apparent condition of the goods and their packing.
3/ Such reservations shall not bind the sender unless he has expressly agreed to be bound by them in the consignment note.
4/ The sender shall be entitled to require the carrier to check the gross weight of the goods or their quantity otherwise expressed. He may also require the contents of the packages to be checked.
5/ The carrier shall be entitled to claim the cost of such checking. The result of the checks shall be entered in the consignment note.
12. EFFECT OF CONSIGNMENT NOTE
1 Unless the contrary is proved, a consignment note, or any other document issued according to the provisions of Article 4-8, shall be prima facie evidence of the making of the contract of carriage, the conditions of the contract and the receipt of the goods by the carrier, the kind, number, quantity and weight of the goods.
2. In accordance with the provisions of Sub Article 2 of Article 11, if the consignment note contains no specific reservations by the carrier, it shall be presumed, unless the contrary is proved, that the goods and their packing appeared to be in good condition when the carrier took them over and that the number of packages, their marks and numbers correspond with the statements in the consignment note.
13. CUSTOMS AND OTHER FORMALITIES
1/ For the purposes of the Customs or other formalities which have to be completed before delivery of the goods, the sender shall attach the necessary documents to the consignment note or place them at the disposal of the carrier and shall furnish him with all the information which he requires.
2/ The carrier shall not be under any duty to enquire into either the accuracy or the adequacy of the documents and information referred to in Sub-Article (1) of this Article.
3/ The sender shall be liable to the carrier for any damage caused by the absence, inadequacy or irregularity of such documents and information, except in the case of some wrongful act or neglect on the part of the carrier.
4/ The liability of the carrier for the consequences arising from the loss or incorrect use of the documents specified in and accompanying the consignment note or deposited with the carrier shall be that of an agent.
5/ That the compensation payable by the
carrier shall not exceed that payable in the event of loss of the goods.
14. RIGHT OF DISPOSAL OF GOODS IN TRANSIT
1/ Where the carries out all his duties under the contract of carriage, the sender has the right to dispose of the goods either by taking them back from the carrier or by stopping them during their transport, by changing the place at which delivery is to take place, or by causing them to be delivered during the transport before they arrive at the place of destination to a person other than the consignee named in the contract.
2/ Where the transport title has been delivered to the sender, he may not dispose of the goods unless he produces the title to the carrier.
3/ The right to dispose of the goods in transit mentioned in Sub-Article (1) of this Article, shall cease to exist when the consignment note is handed to the consignee or when the consignee has requested the carrier to deliver the goods on the place of destination.
4/ Notwithstanding the provisions of Sub-Article
(3) of this Article, the consignee shall have the right of disposal from the time when the consignment note is drawn up, if the sender makes an entry to that effect in the consignment note.
5/ If in exercising his right of disposal the consignee has ordered the delivery of the goods to another person, that other person shall not be entitled to name other consignees.
6/ The exercise of the right of disposal shall be subject to the following conditions
(a)that the sender or, in the case referred to in sub-article 4 of this Article, the consignee who wishes to exercise the right produces the first copy of the consignment note on which the new instructions to the carrier have been entered and indemnifies the carrier against all expenses, loss and damage involved in carrying out such instructions,
(b)that the carrying out of such instructions is possible at the time when the instructions reach the person who is to carry them out and does not either interfere with the normal working of the carrier’s undertaking or prejudice the senders or consignees of other consignments, and
(c)that the instructions do not result in a division of the consignment.
7/ When, by reason of the provisions of sub- article 6 (b) of this Article , the carrier cannot carry out the instructions which he receives, he shall immediately notify the person who gave him such instructions.
8/ If the carrier has not carried out the instructions given under the conditions provided for in Sub-Articles (1) to (7) of this Article , or if he has carried them out without requiring the first copy of the consignment note to be produced, he shall be liable to the person entitled to make a claim for any loss or damage caused thereby.
15. IMPOSSIBILITY IN RELATION TO CARRIAGE
1/ If for any reason it is or becomes impossible to carry out the contract in accordance with the terms laid down in the consignment note before the goods reach the place designated for delivery, the carrier shall ask for instructions from the person entitled to dispose of the goods in accordance with the provisions of Article 14 Sub-Articles 1 to 8.
2/ Notwithstanding the provisions of Sub-Article (1) of this Article, if circumstances are such as to allow the carriage to be carried out under conditions differing from those laid down in the consignment note and if the carrier has been unable to obtain instructions in reasonable time from the person entitled to dispose of the goods in accordance with the provisions of sub-articles 1 to 8 of Article 14, he shall take such steps as deemed necessary to him to be in the best interests of the person entitled to dispose of the goods.
16. CONSIGNEE’S RIGHT
1/ After arrival of the goods at the place designated for delivery, the consignee shall be entitled to require the carrier to deliver to him, against a receipt, the second copy of the consignment note and the goods.
2/ If the loss of the goods is established or if the goods have not arrived after the expiry of the period provided for in Article 25, the consignee shall be entitled to enforce in his own name against the carrier any rights arising from the contract of carriage.
3/ If the consignee avails himself of the rights granted to him under Sub-Article (1) of this Article, he shall pay the charges shown to be due on the consignment note, but in the event of dispute on this matter the carrier shall not be required to deliver the goods unless security has been furnished by the consignee.
17. IMPOSSIBILITY IN RELATION TO DELIVERY OF THE GOODS
1/ Where circumstances prevent delivery of the goods after their arrival at the place designated for delivery, the carrier shall ask the sender for his instructions. If the consignee refuses the goods the sender shall be entitled to dispose of them without being obliged to produce the first copy of the consignment note.
2/ Even if he has refused the goods, the consignee may, in accordance with Sub-Article (1) of this Article, nevertheless require delivery so long as the carrier has not received instructions to the contrary from the sender.
3/ Where goods which cannot be delivered are of a perishable nature and the carrier cannot receive the sender’s instructions in due time, he shall cause the goods to be sold in accordance with the Provisions of Article 20 of this Proclamation.
4/ When circumstances preventing delivery of the goods arise after the consignee, in exercise of his rights has given an order for the goods to be delivered to another person, sub-articles 1 and 2 of this Article shall apply as if the consignee were the sender and that other person were the consignee.
The carrier shall be entitled to recover the cost o his request for instructions and any expenses entailed in carrying out such instructions, unless such expenses were caused by the act or omission of the carrier.
19. UNLOADING AND STORING THE GOODS
In the cases referred to in Sub-Article (1) of Article 15 and the provisions of Article 17 the carrier may immediately unload the goods for account of the person entitled to dispose of them and thereupon the carriage shall be deemed to be at an end. The carrier shall then hold the goods on behalf of the person so entitled. The charges due under the consignment note and all other expenses shall remain chargeable against the goods.
20 SALE OF GOODS BY THE CARRIER
1/ The carrier may sell the goods, without awaiting instructions from the person entitled to dispose of them in accordance with the provisions of Article 17 and if the goods are perishable or their condition warrants such a course, or when the storage expenses would be out of proportion to the value of the goods.
2/ The carrier may also proceed to the sale of the goods in other cases if after the expiry of 30 days he has not received from the person entitled to dispose of the goods instructions to the contrary which he may reasonably be required to carry out.
3/ The proceeds of sale, after deduction of the expenses chargeable against the goods, shall be placed at the disposal of the person entitled to dispose of the goods. If these charges exceed the proceeds of sale, the carrier shall be entitled to the difference.
4/ Such sale shall be executed by public auction in accordance with the relevant Law.
LIABILITY OF THE CARRIER
21. BASIS OF LIABILITY AND PERIOD OF LIABILITY
The carrier shall be liable for the total or partial loss of the goods and for damage thereto occurring between the time when he takes over the goods and the time of delivery, as well as for any delay in delivery.
22. CARRIER’S EXEMPTION FROM LIABILITY
Notwithstanding the provisions of Article 21 the carrier shall be relieved of liability if the loss, damage or delay was caused by the wrongful act or neglect of the claimant, by the instructions of the claimant given otherwise than as the result of a wrongful act or neglect on the part of the carrier, by inherent vice of the goods or through force majeure.
23. CONDITION OF THE VEHICLE OR RAILWAGON
The carrier shall not be relieved from liability by reason of the defective condition of the vehicle or rail wagon (locomotive) used by him in order to perform the carriage, or by reason of the wrongful act or neglect of the person from whom he may have hired the vehicle or the rail wagon or of the agents or servants of the latter.
24. DELAY IN DELIVERY
Delay in delivery shall be said to occur:
1/ When the goods have not been delivered within the agreed time-limit.
2/ Failing an agreed time-limit, the actual duration of the carriage having regard to the circumstances of the case, and in particular, in the case of partial loads, the time required for making up a complete load in the normal way, exceeds the time it would be reasonable to allow a diligent carrier.
25. NON-DELIVERY OF GOODS
1/ The fact that goods have not been delivered within thirty days following the expiry of the agreed time-limit or, if there is no agreed time-limit, within sixty days from the time when the carrier took over the goods, shall be conclusive evidence of the loss of the goods.
2/ On the expiry of the period provided for in Sub-Article (1) of this Article the person entitled to make a claim may thereupon treat the goods as lost and may lodge a claim against the carrier.
3/ The person entitled to make a claim according to the provisions of Sub- Article (2) of this Article may, on receipt of compensation for the missing goods, request in writing that he shall be notified immediately should the goods be recovered in the course of the year following the payment of compensation. He shall be given a written acknowledgment of such request.
4/ Within the thirty days following receipt of the notification the person entitled as aforesaid may require the goods to be delivered to him against payment of the charges shown to be due on the consignment note and also against refund of the compensation he received less any charges included therein but without prejudice to any claims to compensation for delay in delivery under Article 29 and, 30
26. DANGEROUS GOODS
1/ When the sender hands goods of a dangerous nature to the carrier, he shall inform the carrier of the exact nature of the danger and indicate, if necessary, the precautions to be taken.
2/ If this information has not been entered in the consignment note, the burden of proving that the carrier knew the exact nature of the danger constituted by the carriage of the said goods shall rest upon the sender or the consignee.
3/ Goods of a dangerous nature which, in the circumstances referred to in Sub-Article (1) of this Article, the carrier did not know were dangerous may at any time or place be unloaded, destroyed or rendered harmless by the carrier without compensation;.
27. LIMITATION OF LIABILITY
1/ Where a carrier becomes liable for any loss of, or damage to, any goods, such compensation shall be calculated by reference to the value of the goods at the place at which they should be delivered. If the market value of the goods is unknown, by reference to the value of goods of the same kind and quality.
2/ Without prejudice to the provisions of Sub-Article (1) of this Article, the liability of the carrier to pay compensation shall not exceed SDR 835 per package or other shipping unit, or SDR 2.5 per kilogram of gross weight of the goods lost or damaged, whichever is the higher.
3/ Without prejudice to Sub-Article (1) and (2) of this Article, where a carrier becomes liable for any loss of, or damage to, any goods, the nature and value thereof have be declared and made an integral part of the contract, the liability of the carrier shall be determined by reference to market value of the goods at the place and time at which they should be delivered to the consignee.
4/ If the carrier fails to deliver the goods n time he shall be liable according to the provision of Articles 21 and 24 of this Proclamation to pay compensation, to a person having the right of disposal on the goods two and half times (2½) the freight payable for the good delayed. However, such payment shall not exceed the total freight payable.
28. ASSESSEMENT OF COMPENSATION
For the purpose of calculating which amount is the higher in accordance with Sub-Article (1) and
(2) of Article 27 the following rules shall apply:
1/ Where a container, pallet or similar article of transport is used to consolidate goods the package or other shipping units enumerated in the Consignment note as packed in such article of transport are deemed packages or shipping units. Except as aforesaid, the goods in such article of transport are deemed one shipping unit;
2/ In cases where the article of transport itself has been lost or damaged, that article of transport, if not owned or otherwise supplied by the carrier, is considered one separate shipping unit.
3/ Without prejudice to Sub- Article (1) and (2)
of this Article, bags, sacks and similar articles shall not be considered as packaging. If goods contained in bags or sacks are lost or damaged compensation of the damaged or lost goods shall be determined by reference to the market value of such goods
29 – HIGHER COMPENSATION
Higher compensation in respect of total or partial loss of goods, or in case of damage, than provided for under the provisions of Sub-Article (1) or (2) of Article 27 may only be claimed where the value of the goods or a special interest in delivery has been declared in accordance with Sub-Article
(3) of Article 27.
30. AGGRGATE LIABILITY
The aggregate liability of the Carrier, shall not exceed the limit of liability for total loss of the goods as determined by Article 21 or Article 27 .
31. EXTENDED LIABILITY
1/ The sender may, against payment of a surcharge to be agreed upon, declare in the consignment note a value for the goods exceeding the limit laid down in Article 27
(3) and in that case the amount of the declared value shall be substituted for that limit and the compensation to be paid shall be determined in accordance with the provisions of Article 29.
2/ The sender may, against payment of a surcharge to be agreed upon, fix the amount of a special interest in delivery in the case of loss or damage or of the agreed time-limit being exceeded, by entering such amount in the consignment note. In such cases compensation for delay may be claimed up to the total amount of the interest declared independently of the compensation provided for in Articles 27 to 30.
32. WILFUL MISCONDUCT
1/ The carrier shall not be entitled to avail himself of the provisions of this Section which exclude or limit his liability if the damage was caused by his willful misconduct.
2/ The provisions of Sub- Article (1) of this Article shall -also-apply if the willful misconduct or default is committed by the agents or servants of the carrier or by any other persons of whose services he makes use for the performance of the carriage, when such agents, servants or other persons are acting within the scope of their employment.
3/ Furthermore, in such a case such agents, servants or other persons shall not be entitled to avail themselves, with regard to their personal liability, of the provisions of this Section.
CLAIMS AND ACTIONS
33. RESERVATIONS DURING DELIVERY
1/ Unconditional acceptance of goods shall be a bar to any claim for total or partial loss, damage or delay being brought against the carrier unless there has been fraud on the carrier’s part.
2/ In case of non-apparent damage, the consignee shall be considered as accepted the goods as described in the consignment note unless he enters a reservation against the carrier within not more than seven days from the date of taking delivery of the goods.
3/ The carrier shall be liable where the consignee has put his reservations in writing that the sustained loss or damage does not agree with the description of the goods in consignment note.
4/ When the condition of the goods has been duly checked by the consignee and the carrier, evidence contradicting the result of this checking shall only be admissible in the case of loss or damage which is not apparent and provided that the consignee has duly sent reservations in writing to the carrier within seven days, Sundays and public holidays excepted, from the date of checking.
5/ No compensation shall be payable for delay in delivery unless a reservation has been sent in writing to the carrier, within fifteen days from the time that the goods were placed at the disposal of the consignee.
6/ In calculating the time-limits provided for in Sub- Articles (1) to (5) of this Article the date of delivery, or the date of checking, or the date when the goods were placed at the disposal of the consignee, as the case may be, shall not be included.
7/ The carrier and the consignee shall give each other every reasonable facility for making the requisite investigations and checks.
In legal proceedings arising out of carriage under the provisions of this Proclamation, the plaintiff may bring an action in any court having Jurisdiction and within whose jurisdiction:
(a) the defendant is ordinarily resident, or has his principal place of business, or the branch or agency through which the contract of carriage was made, or
(b)the place where the goods were taken over by the carrier or the place designated for delivery is situated, and in no other court.
35. LIMITATION OF ACTIONS
1/ The period of limitation for an action arising out of carriage under the provisions of this Proclamation shall be two years. The period of limitation shall begin to run:
(a) in the case of partial loss, damage or delay in delivery, from the date of delivery,
(b) in the case of total loss, from the thirtieth day after the expiry of the agreed time-limit or where there is no agreed time-limit from the sixtieth day from the date on which the goods were taken over by the carrier,
(c) in all other cases, on the expiry of a period of three months after the making of the contract of carriage.
2/ Notwithstanding the provisions of sub-article 1 of
this Article, a written claim shall suspend the period of limitation until such date as the carrier rejects the claim by notification in writing and returns the documents attached thereto. If a part of the claim is admitted, the period of limitation shall start to run again only in respect of that part of the claim still in dispute.
3/ The burden of proof of the receipt of the claim, or of the reply and of the return of the documents, shall rest with the party relying upon these facts.
CARRIAGE PERFORMED BY SUCCESSIVE
36. A SINGLE CONTRACT
If carriage governed by a single contract is performed by successive carriers, each of them shall be responsible for the performance of the whole operation, the second carrier and each succeeding carrier becoming a party to the contract of carriage, under the terms of the consignment note, by reason of his acceptance of the goods and the consignment note.
37. OTHER DOCUMENTS IN RELATION TO SUCCESSIVE CARRIAGE.
1/ A carrier accepting the goods from a previous carrier shall give the latter a dated and signed receipt. He shall enter his name and address on the second copy of the consignment note.
2/ Where applicable, he shall enter on the second copy of the consignment note and on the receipt reservations of the kind provided for in Sub- Article (2) of Article 11.
3/ The provisions of sub-articles 1 and 2 of Article 11 shall apply to the relations between successive carriers.
38. THE CARRIER RESPONSIBLE FOR THE LOSS, DAMAGE OR DELAY
1/ Legal proceedings in respect of liability for loss of, damage to or delay of goods may be brought against the first carrier, the last carrier or the carrier who was performing that portion of the carriage during which the event causing the loss, damage or delay occurred.
2/ Without prejudice to Sub-Article (1) of this Article the claimant may bring an action against the carriers mentioned in Article 36 of this Proclamation jointly and severally.
39. CLAIM BETWEEN CARRIERS
A carrier who has paid compensation in compliance with the provisions of this Proclamation or in compliance with court decision shall be entitled to recover such compensation, together with interest thereon and all costs and expenses incurred by reason of the claim, from the other carriers who have taken part in the carriage, subject to the following provisions:
(a)the carrier responsible for the loss or damage shall be solely liable for the compensation whether paid by himself or by another carrier,
(b)when the loss or damage has been caused by the action of two or more carriers, each of them shall pay an amount proportionate to his share of liability ; should it be impossible to apportion the liability, each carrier shall be liable in proportion to the share of the payment for the carriage which is due to him,
40. CONTRIBUTION BETWEEN CARRIERS
1/ The provisions of Article 34 shall apply to claims between carriers arising from a contract of carriage concluded in accordance with this Proclamation.
2/ The period of limitation shall, however, begin to run either on the date of the final judicial decision fixing the amount of compensation payable under the provisions of this Proclamation, or, if there is no such judicial decision, from the actual date of payment.
41. CONTRACT OF CARRIAGE MADE BY A FREIGHT FORWARDER
1/ Where a freight forwarder Performs the carriage of goods in accordance with the provisions of Article 2251 of the Civil Code in his own name or by his own means of transport or when the instruction given by the principal shows that the freight forwarder assumes such obligation ; he shall be deemed a carrier and the Provisions of this Proclamation shall be applicable to the freight forwarder.
2/ Such freight forwarder shall assume the obligation and enjoy the rights of a Carrier provided for in this Proclamation.
42. DERGATION FROM PROVISIONS OF THIS PROCLAMTION.
1/ Any stipulation which would directly or indirectly derogate from the provisions of this Proclamation shall be null and void. The nullity of such a stipulation shall not involve the nullity of the other provisions of the contract.
2/ In particular, a benefit of insurance in favour of the carrier or any clause shifting the burden of proof as provided in the provisions of this Proclamation shall be null and void.
1/ The Provisions of Title I of Book III of the Commercial Code of Ethiopia, (carriage by land) save those provisions applicable to carriage of persons are repealed.
2/ No law, regulation, directive or practice shall, in so far it is inconsistent with this Proclamation, have effect with respect to matters Provided for in this Proclamation.
44. TRANSITORY PROVISIONS
1)Legal situations created prior to the coming into force of this Proclamation shall remain valid notwithstanding that the Provisions of this Proclamation modifies the conditions on which such situations may be created.
2)The Proclamation shall not affect the consequences having arisen out of such legal situations prior to the coming into force of this Proclamation
3)Contracts of Carriage existing on the Coming into force of this Proclamation shall be governed by the Provisions of the Commercial Code under which they have been made.
45. Effective Date
This Proclamation shall come into force up on
Publication in the Federal Negarit Gazeta.
Done at Addis Ababa, this 6th day of September, 2007
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA