Article 16 Basis of Liability

1. The multimodal transport operator shall be liable for lossresulting from loss of or damage to the goods， as well as from delay indelivery， if the occurrence which caused the loss， damage or delay indelivery took place while the goods were in his charge as defined inArticle 14， unless the multimodal transport operator proves that he， hisservants or agents or any other person referred to in Article 15 took allmeasures that could reasonably be required to avoid the occurrence and itsconsequences.

2. Delay in delivery occurs when the goods have not been deliveredwithin the time expressly agreed upon or， in the absence of suchagreement， within the time which it would be reasonable to require of adiligent multimodal transport operator， having regard to the circumstancesof the case.

3. If the goods have not been delivered within 90 consecutive daysfollowing the date of delivery determined according to paragraph 2 of thisArticle， the claimant may treat the goods as lost.

Article 17 Concurrent Causes

Where fault or neglect on the part of the multimodal transportoperator， his servants or agents or any other person referred to inArticle 15 combines with another cause to produce loss， damage or delay indelivery， the multimodal transport operator shall be liable only to theextent that the loss， damage or delay in delivery is attributable to suchfault or neglect， provided that the multimodal transport operator provesthe part of the loss， damage or delay in delivery not attributablethereto.

Article 18 Limitation of Liability

1. When the multimodal transport operator is liable for loss resultingfrom loss of or damage to the goods according to Article 16， his liabilityshall be limited to an amount not exceeding 920 units of account perpackage or other shipping unit or 2.75 units of account per kilogram ofgross weight of the goods lost or damaged， whichever is the higher.

2. For the purpose of calculating which amount is the higher inaccordance with paragraph 1 of this Article， the following rules shallapply：

（a）Where a container， pallet or similar article of transport is usedto consolidate goods， the packages or other shipping units enumerated inthe multimodal transport document as packed in such article of transportare deemed packages or shipping units. Except as aforesaid， the goods insuch article of transport are deemed one shipping unit.

（b）In cases where the article of transport itself has been lost ordamaged， that article of transport， if not owned or otherwise supplied bythe multimodal transport operator， is considered one separate shippingunit.

3. Notwithstanding the provisions of paragraphs 1 and 2 of thisArticle， if the international multimodal transport does not， according tothe contract， include carriage of goods by sea or by inland waterways， theliability of the multimodal transport operator shall be limited to anamount not exceeding 8.33 units of account per kilogram of gross weight ofthe goods lost or damaged.

4. The liability of the multimodal transport operator for lossresulting from delay in delivery according to the provisions of Article 16shall be limited to an amount equivalent to two and a half times thefreight payable for the goods delayed， but not exceeding the total freightpayable under the multimodal transport contract.

5. The aggregate liability of the multimodal transport operator， underparagraphs 1 and 4 or paragraphs 3 and 4 of this Article， shall not exceedthe limit of liability for total loss of the goods as determined byparagraph 1 or 3 of this Article.

6. By agreement between the multimodal transport operator and theconsignor， limits of liability exceeding those provided for in paragraphs1， 3 and 4 of this Article may be fixed in the multimodal transportdocument.

7. “Unit of account” means the unit of account mentioned in Article31.