The CMR Insurance

The object of the CMR insurance is represented by the liability of the companies performing national or international transports by road (which are expressly mentioned in the Insurance Policy) , for the damage or destruction of the merchandise entrusted for transportation.   


The object of the insurance is represented only by the liability devolving upon the transporter as carrier for the damage caused to the merchandise transported by road, according to the provisions in Articles 17 and 23 of the “Convention on the Contract for the International Carriage of Goods C.M.R.)”, both on the Romanian territory and outside it. 

 

Insurances for the transporter’s liability for the merchandise transported as carrier (CMR)



Covered risks: The liability included in the insurance on the grounds of the present Special Conditions is the one provided for in Articles 17 and 23 of the International Convention (C.M.R.), as follows: 


ARTICLE 17

1. The transporter is liable for the total or partial loss or for the damage caused between the receipt of the merchandise and the release thereof, as well as for the delay in delivery.   

2. The transporter is exempted from such liability if the loss, damage or delay was caused by the fault of the person having the right to dispose of the merchandise, by an order of such person which is not the result of the transporter’s fault, by an inner flaw of the merchandise or by circumstances which the transporter could not avoid and the consequences of which could not be prevented.      

3. The transporter may not invoke, in the view of the exemption of liability, either the defection of the vehicle used for the performance of the transportation or the fault of the person which the vehicles has been rented from or of such person's agents.  

 4. Considering Article 18, paragraphs 2 to 5, the transporter is exempted from the liability or the damage resulting from inherent particular risks or from several of the following facts: 
a. the use of vehicles open and without tarp, if such way of use has been expressly agreed in the contract and included in the waybill;
b. the lack of or the defectiveness of the packing for the merchandise exposed by its nature to decay or damage when not packed or badly packed;
c. the handling, the charging, the anchoring or the discharging of the merchandise by the shipper or the recipient, or by persons acting on behalf of the shipper or the recipient;   
d.  the nature of the merchandise exposed, caused by causes inherent to the very nature of such merchandise, either in case of total or partial loss, or damage, especially by breaking, rust, internal or sudden damage, drying, flowing, normal loss or by action of insects or rodents;  
e. insufficiency or imperfection of the markings or of the numbers of packages; 
f. the transportation of live animals.

5. In case that, on the grounds of the present Article, the transporter is not liable for some of the factors having caused the damage, their liability is engaged only to the extent that the factors which they are liable for on the grounds of the present Article, have contributed to the damage.  

  

ARTICLE 23

1. When, under the provisions of the present Convention, the transporter’s liability included a compensation for the total or partial loss of the merchandise, such compensation is calculated according to the value of the merchandise at the time and the place of receipt thereof for transportation.

2. The merchandise value is determined on the grounds of the Stock Exchange Course or, in lack of it, on the grounds of the current price on the market and, in lack of both, on the grounds of the usual value of the merchandise of the same type and quality.   

3. Nevertheless, the value of the compensation may not exceed 8.33 account units per kg of gross weight missing.   The account unit is the D.S.T.

4. Additionally, the transportation fee, the customs fee and other expenses incurred in regard to the transport will be reimbursed, integrally in case of total loss and proportionately in case of partial loss; other damages will not be owed.   

5. In case of delay, is the competent person proves that by such delay a prejudice has resulted, the transporter is bound to pay compensation which may not exceed the transport price.  

6. A greater compensation may not be claimed but in case of statement of the merchandise value or a statement of a special interest upon delivery.    

General exclusions:


The insurance does not cover:


- The loss, damage, expenses incurred or the delay caused by a fortuitous case or Force Majeure, from the very flaw of the goods or from the nature thereof, from causes determined by the shipper or the recipient.    


- The loss, damage and expenses arising from or caused by: 


      a) the use of open vehicles without tarp, if such way of use has been expressly agreed in the contract and included in the waybill;
      b) the lack of or the insufficient or faulty preparation of the packing (in this meaning, it is deemed that the term “packing” includes the piling up in a recipient);
      c) the inner flaw or the nature of the insured good; 
      d)  the handling, the charging, the piling up or the discharging of the merchandise;
      e) the ordinary flow, the usual loss in weight or volume, the normal wear, the rusting, the internal and sudden damage, the ordinary  breaking or cracking of the insured good;   
      f) the action of insects and rodents;
      g) the insufficiency or imperfection of the markings or of the numbers of packages;
      h) the transportation of live animals;



- Indirect damage (for example, the decrease of the merchandise prices or other similar situations):



- The damage caused by military operations during wars or caused by war measures (whether declared or not), strikes, lock-outs, civil unrest, enemy actions and other such situations; 



- The damage caused by the theft of the goods;



- The expenses incurred for the transformation or improvement of the goods as opposed to the state thereof before the insured event occurrence, for the repairing of damages or destructions produced by causes which are not included in the insurance nor for unsuccessful  repairing, reconditioning or restoration;  


 
- The damage caused intentionally by the Insured or their agents, if such intention arises without doubt from the documents concluded by the competent bodies; 


   
- The damage caused because of the delivery term exceeding because of events not covered by the insurance: 


- Damage caused when:


a) the person driving or operating the vehicle having caused the insured event had a percentage of alcohol in blood beyond the limit established by the legislation or if he/she was under influence or drunk, or if she /he avoided the saying of biologic samples in the view of the alcohol level determination.   

   
b) the damage occurred during the committing of infractions performed intentionally, or when the person driving or operating the vehicle having caused the insured event was the author of an infraction committed intentionally and he/she was trying to avoid the pursuit;


c) the vehicle having produced the insured event did not have a valid Registration Certificate or another valid circulation authorisation;  

The liability of the transportation of some of the above-mentioned goods may be included in the CMR Insurance, upon the Insured’s written request.  Under these circumstances, the Insurer will issue an Insurance Supplement and the client will be bound to pay the amount of an additional insurance premium.    

 
The maximum limits of the liability covered by the insurance for each of the transports performed during the Insurance Policy validity period will be jointly established by the Client and the Insurer chosen by him /her. 


Validity


The insurance will be concluded for periods of one month to one year.