Section 10 of The Multimodal Transportation of Goods Act, 1993
- (1)Where the multimodal transport operator or a person acting on his behalf knows, or has reasonable grounds to suspect, that the particulars furnished by the consignor in the multimodal transport document do not accurately represent the goods actually taken in charge, or if he has no reasonable means of checking such particulars, the multimodal transport operator or a person acting on his behalf shall insert in the multimodal transport document a reservation specifying the inaccuracies, if any, the grounds of suspicion or the absence of reasonable means of checking the particulars.
- (2)Where the multimodal transport operator or a person acting on his behalf fails to insert the reservation in the multimodal transport document relating to the apparent condition of the goods, he shall be deemed to have accepted the goods in apparent good condition.
Summary
- If an operator knows or suspects that the sender's description of the goods is inaccurate, they must write a reservation in the document.
- A reservation must also be entered if the operator has no reasonable way to verify the description of the goods.
- This reservation must specify any inaccuracies, the reasons for suspicion, or explain that there was no reasonable way to check.
- If the operator fails to write a reservation about the apparent condition of the goods, they are legally deemed to have accepted them in good external condition.
Practical examples
FAQ
1. When must a transport operator insert a reservation in the transport document?
When they know or suspect that the sender's description does not match the actual goods, or when they have no reasonable way to check those details.
2. What must be written in the reservation?
The reservation must specify the exact inaccuracies, the reasons for suspicion, or the fact that there was no reasonable way to check the goods.
3. What happens if the operator does not write a reservation about the outer condition of the goods?
If the operator fails to write a reservation, they are legally deemed to have accepted the goods in apparent good condition.
Test yourself
Q1.Under Section 10 of The Multimodal Transportation of Goods Act, 1993, if a transport operator has no reasonable way to check the cargo details given by the sender, what action should they take?
Q2.Under Section 10 of The Multimodal Transportation of Goods Act, 1993, what is the legal consequence if an operator fails to write a reservation about the apparent condition of the goods?
Q3.Under Section 10 of The Multimodal Transportation of Goods Act, 1993, what must be specified in a reservation when the operator suspects that the sender's description is inaccurate?
Q4.Under Section 10 of The Multimodal Transportation of Goods Act, 1993, who does the obligation to enter reservations apply to?