Multimodal Transport Act 2021 · 2020 Revised Edition · Part 5 · Duties and Liabilities of Consignor
24. Responsibilities of consignor
Feedback & supportThe consignor of any goods that are the subject of a multimodal transport contract is deemed to have guaranteed to the multimodal transport operator of the contract that, at the time the goods were taken in charge by the multimodal transport operator, all of the following particulars specified in the multimodal transport document are accurate:
consignor
“consignor”, in relation to any goods that are the subject of a multimodal transport contract, means the person who concluded the contract with another person under which the other person is to be the multimodal transport operator;
the general nature of the goods;
the marks, number, weight, volume and quantity of the goods;
if applicable, the dangerous character of the goods as furnished by the consignor or on the consignor’s behalf for insertion in the multimodal transport document relating to the contract.
The consignor of any goods that are the subject of a multimodal transport contract must mark or label dangerous goods in accordance with any international conventions or laws applicable in the country in which the goods are taken in charge by the multimodal transport operator of the contract.
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;
Where the consignor of any dangerous goods that are the subject of a multimodal transport contract hands over those goods to the multimodal transport operator of the contract, or any servant or agent of the multimodal transport operator, or other person acting on behalf of the multimodal transport operator, the consignor must inform the multimodal transport operator, servant, agent or person (as the case may be) of the dangerous character of the goods and, if necessary, the precautions to be taken.
multimodal transport contract
“multimodal transport contract” means a contract whereby a multimodal transport operator undertakes, against payment of freight, to perform or to procure the performance of international multimodal transport of goods;
If the consignor fails to so inform the multimodal transport operator, servant, agent or person, and the multimodal transport operator does not otherwise have knowledge of the dangerous character of the goods —
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 consignor is liable to the multimodal transport operator for any loss incurred by the multimodal transport operator in the course of the shipment of such goods and that is related to the dangerous character of the goods; and
despite section 15, the goods may at any time during the international multimodal transport be unloaded, destroyed or rendered innocuous, as the circumstances may require, without payment of compensation to the consignor or any person to whom the multimodal transport operator is taken to have given an undertaking under section 14.
Subsection (4) does not apply if, during the international multimodal transport of the goods, the multimodal transport operator has taken in charge the goods with knowledge of the dangerous character of the goods.
international multimodal transport
“international multimodal transport” means the carriage of goods on the basis of a multimodal transport contract by at least 2 different modes of transport —(a)from a place in a country at which the goods are taken in charge by the multimodal transport operator of the contract;(b)to a place designated for the delivery of the goods situated in a different country;
If, in a case where subsection (4)(b) does not apply, the dangerous goods become an actual danger to life or property, they may (despite section 15) be unloaded, destroyed or rendered innocuous at any time during the international multimodal transport, as the circumstances may require, without payment of compensation to the consignor or any person to whom the multimodal transport operator is taken to have given an undertaking under section 14, except where —
there is an obligation on the multimodal transport operator to contribute in general average; or
the multimodal transport operator or the servant, agent or person for whose act or omission the multimodal transport operator is liable under section 13, failed to take all reasonable measures to prevent the dangerous goods becoming an actual danger.
The consignor of any goods that are the subject of a multimodal transport contract must indemnify the multimodal transport operator of the contract against any loss incurred by the multimodal transport operator resulting from any inadequacy or inaccuracy of any particulars or information provided by the consignor under subsection (1), (2) or (3), as the case may be.
The consignor of any goods that are the subject of a multimodal transport contract remains liable to indemnify the multimodal transport operator of the contract under subsection (7) even if the multimodal transport document relating to the contract has been transferred by the consignor.
multimodal transport document
“multimodal transport document” means a document which evidences —(a)a multimodal transport contract for the international multimodal transport of any goods;(b)the taking in charge of the goods by the multimodal transport operator of the contract; and(c)an undertaking by the multimodal transport operator to deliver the goods in accordance with the terms of the contract;
The right of the multimodal transport operator of a multimodal transport contract to indemnity under subsection (7) does not limit the multimodal transport operator’s liability under the multimodal transport contract to any person other than the consignor of the goods.