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304 North Cardinal St.
Dorchester Center, MA 02124
Strict Liability Standard: Under Article 17, the carrier is held strictly liable for total or partial loss, or damage to the goods, as well as for delay in delivery, occurring from the time they take the goods over until the time of delivery.
⚬ Relief from Liability (Defences): A carrier can be exonerated from liability if the loss, damage, or delay was caused by the claimant's wrongful act or instruction, an inherent vice of the goods (e.g., natural rotting), or through circumstances which the carrier could not avoid and the consequences of which they were unable to prevent (force majeure, such as sudden extreme weather or unavoidable mechanical failure).
⚬ Burden of Proof: The burden of proving that loss or damage falls under an exemption rests entirely on the carrier.
⚬ Compensation Cap (SDRs): When a carrier is held liable for compensation, damages are calculated based on the value of the goods at the place and time of acceptance. However, liability is legally capped under Article 23 at 8.33 Special Drawing Rights (SDR) per kilogram of gross weight missing. (An SDR is an international basket of currencies managed by the IMF; its exact cash value fluctuates daily).