1- The carrier shall immediately notify and ask for instructions from:
a) the claimant if, before the goods reach the place designated for delivery, it is or becomes
impossible to carry out the contract in accordance with the terms laid down in the
consignment note;
b) the sender if, after the goods reach the place designated for delivery, for any reason and
without any fault from the carrier, the carrier is unable to deliver the goods.
2- In the situation provided in paragraph 1 a) above, 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
claimant, he shall take such steps as seem to him to be in the best interests of the said person.
3- If the delivery could not take place because the consignee neglected or refused to take delivery
of the goods, the consignee may nevertheless require delivery so long as the carrier has not
received instructions to the contrary.
4- The carrier shall be entitled to recover the cost of his request for instructions and any expenses
entailed in carrying out such instructions, unless such expenses were caused by the wrongful
act of the carrier.
5- With effect from the notification provided for in paragraph 1 above, the carrier may unload
the goods on account of the claimant and thereupon the carriage shall be deemed to be at an
end. The carrier shall thereafter hold the goods on behalf of the claimant, and shall be entitled
to reasonable compensation for keeping or storing the goods. The carrier may, however,
entrust the goods to a third party, and in that case he shall not be under any liability except
for the exercise of reasonable care in the choice of such third party. The charges due under
the consignment note and all other expenses shall remain chargeable against the goods.
6- The carrier may sell the goods, without awaiting instructions, 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. He may proceed to the sale of the goods in the other
cases if he did not receive any instructions within fifteen days of the notice. The procedure
in the case of sale shall be determined by the law or custom of the place where the goods are
found. The proceeds of sale, after deduction of the expenses chargeable against the goods,
shall be placed at the disposal of the claimant. If these charges exceed the proceeds of sale,
the carrier shall be entitled to the difference.
Delivery of the goods
Official translation
Spot-checked
In force from 22 March 2003
Source page 11