CMNI Sample Clauses

CMNI. Failure on the carrier’s part to include weight or value information in the freight document shall not constitute a breach of a secondary contractual duty in the relationship with the client (consignor), because the provision in writing of weight or value information is part of the client’s sphere of obligation. The CMNI is German domestic, but not directly national, law as construed by Article 3 I ROME 1 VO (traffic regulations), and takes precedence over national law where the provisions of the latter are not mandatory. Under Article 10 and 12 ROM I VO, the agreed national law also applies to subrogation of the compensation claim to a third party and beyond purely transport law, for example to property law. Qualified culpability under Article 21 I CMNI, resulting in the breaching of liability limits and exemptions from liability, is not tantamount to gross negligence, because the inland navigation law criteria are traditionally more stringent, but presupposes an especially serious breach of obligations in which the boat master or his employees crassly disregard the contracting parties’ safety interests. Where the sequence of events of the accident is unclear, it shall be sufficient to assume that the damage has been caused negligence if there are serious grounds for considering the conduct to have caused the damage. This results in a reversal of the burden of proof for the sequence of events of the average in favour of the infringing party, who shall be required to exonerate himself as regards the absence of causality of the damage. Unlike under German law (Article 426 HGB), for example, custodial liability under Article 16 CMNI shall cease to apply, by analogy with Dutch law (Article 8:901 I first sentence BW), if in the event of general (not utmost) diligence on the carrier’s part, the damage was unavoidable; the standard of care in Article 16 I HS 2 CMNI corresponds to that of Article 276 BGB (German Civil Code), Article 437 I HGB and Article 606 2nd sentence HGB.