ABSTRACT
Article 19 provides the definition of delay for the purposes of the CMR Convention. In order to amount to delay, therefore, either an agreed time limit must be exceeded or the carriage must exceed a reasonable time. In cases of delay, it is specifically provided by Article 17(2) that the carrier will be entitled to rely on the general defences therein contained. The uncompromising wording of Article 20(1) whereby "non-delivery shall be conclusive evidence of the loss of the goods" can create considerable problems for the carrier and his insurer. Where goods are despatched on a cash on delivery (COD) basis therefore, and the carrier delivers the goods without collecting the COD charges, he will be liable to the sender for those charges. If the carrier fails to comply with the requirement as to the collection of COD charges it is clear that the provisions of the Convention which limit the carrier's liability do not apply.
