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Article Comparison - Convention on Civil Liability for Damage Caused During Carriage of Dangerous Goods by Road, Rail and Inland Navigation Vessels

LIABILITY PROVISIONS

Article 5

1. Except as provided in paragraphs 4 and 5 of this article and in article 6, the carrier at the time of an incident shall be liable for damage caused by any dangerous goods during their carriage by road, rail or inland navigation vessel.

2. If an incident consists of a series of occurrences having the same origin, the liability shall attach to the carrier at the time of the first of such occurrences.

3. If two or more persons referred to in article 1, paragraph 8 (b) are liable as a carrier under this Convention, they shall be jointly and severally liable.

4. No liability shall attach to the carrier if he proves that:

(a) the damage resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or

(b) the damage was wholly caused by an act or omission with the intent to cause damage by a third party; or

(c) the consignor or any other person failed to meet his obligation to inform him of the dangerous nature of the goods, and that neither he nor his servants or agents knew or ought to have known of their nature.

5. If the carrier proves that the damage resulted wholly or partially either from an act or omission with the intent to cause damage by the person who suffered the damage or from the negligence of that person, the carrier may be exonerated wholly or partially from his liability to such person.

6. No claim for compensation for damage shall be made against the carrier otherwise than in accordance with this Convention. However, in the case referred to in paragraph 4 (c) of this article, any liability for damage which may be incurred by the carrier according to the applicable law shall not be affected, provided that the limits of his liability shall not exceed the limits stipulated in article 9.

7. Subject to paragraph 9 of this article and to articles 6 and 7, no claim for compensation for damage under this Convention or otherwise may be made against:

(a) the servants or agents of the carrier or the members of the crew;

(b) the pilot of the ship or any other person who, without being a member of the crew, performs services for the vehicle;

(c) the owner, hirer, charterer, user, manager or operator of the vehicle, provided that he is not the carrier;

(d) any person performing salvage operations with the consent of the owner of the ship;

(e) any person performing salvage operations on instruction of a competent public authority;

(f) any person other than the carrier taking preventive measures for damage caused by those measures;

(g) any servants or agents of the persons mentioned under (b), (c), (d), (e) and (f),

unless the damage resulted from their personal act or omission, committed with the intent to cause such damage or recklessly and with knowledge that such damage would probably result.

8. For the purpose of article 1, paragraph 8 and article 3, paragraph 4, no person performing operations under paragraph 7 (d), (e) or (f) of this article, nor his servants or agents, shall be deemed to be a carrier.

In such cases the person who was the carrier at the time of the incident giving rise to such operations shall remain the carrier for the purpose of this Convention.

9. Nothing in this Convention shall prejudice any right of recourse of the carrier against the consignor or the consignee of the goods causing the damage or against any other third party.