NEWSLETTER-2017

56 NEWSLETTER 2017 unloading operations, the TCC stipulates that unless it is specifically agreed to otherwise, or in circumstances or when common usage indi- cates otherwise, the loading, handling, stowage and unloading of the goods shall be performed by the sender or person acting on behalf of the sender. Exclusion of Liability With regard to exclusion of liability, the TCC has adopted the same principles stipulated in the CMR. The carrier is relieved from liability insofar as the loss, damage, or delay in delivery was caused by circumstances which the carrier could not have been avoided, even by exercising the utmost diligence. In addition, both the TCC and CMR set forth a catalogue of particular grounds that relieve the carrier from liability. As per the relevant provisions, the carrier shall be exempted from liability if the loss, damage, or delay occurs due to use of an open vehicle or loading on the deck, if such carriage had been agreed upon, or was customary given the circumstances, due to the sender’s or consignee’s handling, loading or unloading of the goods, the send- er’s inadequate packaging, due to the natural condition of the goods, due to the natural condition of the goods exposing them to damage, particularly by breakage, rust, decay, desiccation, leakage or normal wastage, due to the goods’ insufficient labeling by the sender, and due to carriage of livestock. Extent of Liability In parallel to the provisions of the CMR, the TCC stipulates that when a carrier is liable to pay compensation for a total or partial loss of the goods, such compensation is to be calculated by reference to the value of the goods at the place and time in which they were accepted for carriage. The TCC also provides that in such a case, the carrier shall refund the freight and cover the public levies and other charges caused by the carriage of the goods. The carrier shall not be liable for any further damage, such as consequential loss. The maximum amount of compensation payable for loss or dam- age to the consignment is limited to SDR (Special Drawing Rights) 8.33 per kilogram of gross weight of the consignment.