Article 32. The rights and obligations of the carrier and the shipper under the contract for the carriage of goods by Road Act on Road Transport

Home / Laws / Article 32. The rights and obligations of the carrier and the shipper under the contract for the carriage of goods by Road Act on Road Transport

1. A carrier under a contract for the carriage of goods by road has the right to:

1) to refuse to transport cargo by car, which in terms of its properties, weight and dimensions does not correspond to the cargo data specified in the transportation documents;

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

3) to reimburse the costs incurred in connection with ensuring the safety of transportation or the safety of goods in accordance with subitems 1), 4) of paragraph 2 of this article, unless the contract provides otherwise;

4) in the event that it is not possible to deliver the cargo due to force majeure to a new destination specified by the shipper (recipient), to abandon road transportation and return the cargo to the shipper, notifying him about it in advance; the associated additional costs of the carrier are paid by the shipper (recipient), unless otherwise provided by the contract.

The carrier has other rights established by the laws of the Republic of Kazakhstan and the contract.

2. A carrier under a contract for the carriage of goods by road is obliged to:

1) immediately notify the shipper (consignee) of a threat to the safety of transportation and the safety of goods, comply with the instructions received by the shipper (consignee), 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 consignment note regarding the number of cargo items, their markings and numbers, as well as the external condition of the cargo and its packaging;

3) control the stowage and fastening of cargo in order to comply with the established norms for loading vehicles, ensuring the safety of road transportation and the safety of cargo;

4) in the event that the consignee has not received the cargo for reasons beyond the control of the automobile carrier, store the cargo at the destination within thirty days from the date of arrival, perishable cargo - within four days.

The carrier also bears other duties established by the laws of the Republic of Kazakhstan.

3. The shipper under a contract for the carriage of goods by road has the right to:

1) checking the suitability of the vehicle before loading for the transportation of the declared cargo;

2) refusal of the carrier's services in case of unsuitability of the vehicle for transportation of the declared cargo.

The shipper has other rights in accordance with the laws of the Republic of Kazakhstan and the contract.

4. The shipper under the contract of automobile cargo transportation is obliged to:

1) make notes in the waybill about the time of arrival and departure of the vehicle;

2) in case of refusal of the carrier's services due to the unsuitability of the vehicle, draw up an appropriate act;

3) not to exceed the permissible weight and dimensional parameters established by the legislation of the Republic of Kazakhstan during the loading of the vehicle;

4) provide the carrier with a bill of lading, and in necessary cases provided for by the legislation of the Republic of Kazakhstan, and other documents necessary for cargo transportation (certificate, relevant permit, veterinary documents, customs declarations).

5. Automobile cargo transportation services must comply with the requirements of this Law, the Rules of Cargo Transportation by Road and other regulatory legal acts of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated July 4, 2003 No. 476.

This Law regulates the relations that arise between carriers, passengers, shippers, consignees, and other individuals and legal entities in the field of road transport.

President

Republic of Kazakhstan

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