Article 93. Exemption from liability of the Law on Inland Waterway Transport
1. The parties may be released from liability for non-fulfillment or improper fulfillment of obligations arising from a contract of carriage or towing on the grounds provided for by the Civil Code of the Republic of Kazakhstan, this Law, and international treaties of the Republic of Kazakhstan.
2. The parties are released from liability if non-fulfillment or improper fulfillment of obligations occurred as a result of:
1) force majeure, as well as emergency situations of a social, natural and man-made nature;
2) military operations, the introduction of a state of emergency;
3) termination or restriction of cargo movement, movement of ships, rafts and other floating objects, announced in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
3. The carrier and the tugboat operator are also exempt from liability if:
1) non-fulfillment or improper fulfillment of obligations due to the fault of the passenger, the shipper, the consignee, the sender, the recipient, the forwarder;
2) unsecurity of cargo, baggage due to hidden defects of transport containers or their properties;
3) the difference in the weight of the cargo within the limits of the norms of natural loss, norms of humidity reduction and norms of discrepancy in the readings of weighing devices, as well as the difference in the weight of the cargo accepted for transportation by weight determined by the shipper without the participation of the carrier;
4) transportation of cargo accompanied by the sender's or recipient's guide.
4. The shipper or sender is released from liability if the cargo or towed object was not presented for transportation or towing due to circumstances.
The Law of the Republic of Kazakhstan dated July 6, 2004 No. 574.
This Law regulates public relations that arise between government agencies, individuals and legal entities in the field of inland waterway transport during navigation, transportation of passengers, baggage and cargo, operation of small vessels, including on bodies of water not related to inland waterways and sea waters, and also defines their rights, duties and responsibilities..
President
Republic of Kazakhstan
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