Article 12-2. Agreement on cooperation in multimodal transport of the Law on Transport in the Republic of Kazakhstan

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1. A multimodal transport cooperation agreement must contain:

1) the rights and obligations of the multimodal transport operator and carriers involved in multimodal transport;

2) conditions and procedure for multimodal transportation;

3) cost and payment procedure;

4) the procedure for the interaction of carriers and transshipment of cargo from one type of vehicle to another;

5) the procedure for filling in a single consignment note (single bill of lading);

6) Terms and conditions of delivery.

A multimodal transport cooperation agreement may contain other conditions for the organization of multimodal transport that are not provided for by this Law and the rules of multimodal transport.

2. The multimodal transport operator has the right to:

1) to refuse to the carrier the multimodal transportation of goods if the carrier's vehicle does not correspond in its properties, weight and dimensional parameters to the parameters of the cargo specified in the contract of interaction in multimodal transportation.;

2) in the event that it is not possible to deliver the cargo due to force majeure to a new destination specified by the customer (shipper, consignee, passenger, charterer), to abandon multimodal transportation and ensure the return of the cargo to the shipper, notifying him about it in advance. The additional expenses of the carrier are reimbursed by the multimodal transport operator, unless otherwise stipulated in the contract.;

3) require the carrier to properly fulfill its obligations under the multimodal transport cooperation agreement;

4) claim compensation for damage caused during multimodal transportation upon presentation of written documentary evidence.

The multimodal transport operator also has other rights established by the laws of the Republic of Kazakhstan and the multimodal transport cooperation agreement.

3. The multimodal transport operator is obliged to transfer the cargo to the carrier within the prescribed time.

The multimodal transport operator also bears other obligations established by the laws of the Republic of Kazakhstan and the multimodal transport cooperation agreement.

4. A multimodal transport carrier has the right to:

1) to abandon the multimodal transportation of cargo, which, by its properties, weight and dimensional parameters, does not correspond to the cargo data specified in the contract of interaction in multimodal transportation;

2) unload the cargo if further transportation of the cargo threatens the safety of transportation and the safety of the cargo.

A multimodal transport carrier also has other rights established by the laws of the Republic of Kazakhstan and the multimodal transport cooperation agreement.

5. The multimodal transport carrier is obliged to:

1) immediately notify the multimodal transport operator of a threat to the safety of transportation and the safety of goods on its route, comply with the instructions received by the multimodal transport operator, as well as the actions taken by him to ensure the safety of transportation and the safety of goods;

2) upon acceptance of the cargo, check the accuracy of the entries in the single consignment note (single bill of lading) regarding the cargo and its packaging;

3) control the stowage and fastening of cargo in order to comply with the established norms of vehicle loading, ensure the safety of transportation and the safety of cargo;

4) provide the multimodal transport operator with information on the route, composition and types of transport for the transportation of the declared cargo;

5) provide the operator with the opportunity to track the location of the cargo in the relevant transportation area;

6) transfer the cargo to the next multimodal transportation carrier within the time period established by the multimodal transportation cooperation agreement or to the person authorized to receive the cargo (the recipient).

The multimodal transport carrier also bears other duties established by the laws of the Republic of Kazakhstan and the contract of interaction in multimodal transport.

The footnote. Section 3 is supplemented by Article 12-2 in accordance with the Law of the Republic of Kazakhstan dated 27.10.2015 No. 363-V (effective ten calendar days after the date of its first official publication).

The Law of the Republic of Kazakhstan dated September 21, 1994 No. 156.

This Law defines the foundations of the legal, economic and organizational activities of transport in the Republic of Kazakhstan.

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