Multimodal Transport Act 2021 · 2020 Revised Edition · Part 4 · Liabilities of Multimodal Transport Operator
15. Multimodal transport operator liable for loss resulting from loss of or damage to goods, etc.
Feedback & supportSubject to subsections (2), (3) and (4), a multimodal transport operator of a multimodal transport contract is liable for loss resulting from the loss of, damage to, or delay in the delivery of, any goods that are the subject of the contract if the occurrence which caused the loss, damage or delay took place during the period of responsibility of the multimodal transport operator.
multimodal transport operator
“multimodal transport operator” means any person who —(a)on the person’s own behalf or through another person acting on the person’s behalf, concludes a multimodal transport contract for the international multimodal transport of any goods;(b)acts as a principal (and not as an agent of or on behalf of the consignor or of any carrier participating in the international multimodal transport of the goods);(c)assumes responsibility for the performance of the multimodal transport contract; and(d)is under the register of the Singapore competent national body or the competent national body of an ASEAN member country;
The multimodal transport operator is not liable under subsection (1) if the multimodal transport operator proves that —
the multimodal transport operator, or the servant or agent or other person for whose act or omission the multimodal transport operator is liable under section 13, took all reasonable measures to avoid the occurrence and the loss, damage or delay; or
the occurrence which caused such loss, damage or delay is the result of one or more of the following:
force majeure;
any act or neglect of the consignor or consignee, or the consignor’s or consignee’s representative or agent;
insufficient or defective packaging, marking or numbering of the goods;
the handling, loading, unloading or stowage of the goods that is effected by the consignor or consignee, or the consignor’s or consignee’s representative or agent;
any inherent or latent defect in the goods;
any strike, lockout or stoppage or restraint of labour from whatever cause, whether partial or general;
where the goods are carried by sea or inland waterways —
any act, neglect or default of the master, mariner, pilot or the servant of the carrier of the goods in the navigation or in the management of the ship; or
any fire unless caused by the actual fault or privity of the carrier of the goods.
The multimodal transport operator is not liable under subsection (1) for loss resulting from delay in the delivery of the goods unless the consignor has made a declaration of interest in timely delivery which has been accepted by the multimodal transport operator.
goods
“goods” means any property (including any container, pallet or similar article of transport or packaging not supplied by a multimodal transport operator), whether such property is or is to be carried on or under the deck of a conveyance;
If any loss of or damage to the goods is the result of the unseaworthiness of the ship in which the goods are carried, the multimodal transport operator is not liable under subsection (1) if the multimodal transport operator proves that due diligence has been exercised to make the ship seaworthy at the commencement of the voyage.
For the purpose of this Part, delay in delivery occurs when the goods have not been delivered within the time expressly agreed upon by the parties to the multimodal transport contract or, in the absence of such agreement, within the time which it would be reasonable for a diligent multimodal transport operator to deliver the goods, having regard to the circumstances of the case.
deliver
“deliver”, in relation to any goods that are the subject of a multimodal transport contract, means —(a)the handing over of the goods to the consignee of the goods;(b)the placing of the goods at the disposal of the consignee of the goods in accordance with the multimodal transport contract or with the law or usage of the particular trade applicable at the place specified in the multimodal transport contract for the delivery of the goods; or(c)the handing over of the goods to an authority or any other party to whom, in accordance with the laws applicable at the place specified in the multimodal transport contract for the delivery of the goods, the goods must be handed over;
If the goods have not been delivered within 90 consecutive days after the date determined in accordance with subsection (5), any person entitled to claim the goods may, in the absence of evidence to the contrary, treat the goods as lost.