27. Taking over the goods
The CMR contemplates that goods will be taken over by the carrier and delivered to the consignee, and implies that a journey will occur in between; but CMR has little to say about any of these matters, 1 although they are essential to any contract of carriage and central to the liability of the carrier: the carrier is liable under Article 17.1 of the CMR for loss or damage occurring between the time of taking over and the time of delivery. 2 These are matters for the contract nonetheless but matters left largely to the agreement of the parties. 3 Likewise, if the carrier fails to the goods at all, that is a breach of the parties’ contract and the consequences are governed not by the CMR but by national law. 4
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