摘要
ABSTRACT.Amendments adopted by the CIM International Railway Transport Committee aims to guide the formation of a consignment note CIM / SMGS. The Guide apply if the parties to the contract of carriage (senders and carriers) have agreed to use the uniform consignment note CIM / SMGS model and contains the consignment note CIM / SMGS and explanations on its application, being an alternative to the classic transport with retranscription of SMGS consignment note on CIM consignment note or CIM consignment note on SMGS consignment note at the redispatch place. The consignement note, including his counterpart, can be written in the form of electronic record.Keywords: contract of carriage, the uniform consignment note CIM / SMGS, tariffs, process - report of findings CIM / SMGS.1. IntroductionA prerequisite for international rail transport of goods to be regulated by the CIM Uniform Rules or SMGS is linked to the use of international transport document. This document is called 'international consignment note when applying CIM and SMGS and is valid starting from the station until the arrival station in another state.Through the contract of carriage, the carrier undertakes to transport goods, whether at the place of destination and deliver to the recipient.Contract for international carriage of goods by rail must be confirmed by a consignment note under a uniform pattern. The consignment note is signed by the sender and the carrier.CIM International Railway Transport Committee at its meeting of 8 March 2007 and 6 March 2008 adopted amendments that have led to the development of a guide CM/ SMGS, which contains provisions relating to the use of the new consignment note CIM/ SMGS.The Guide apply if the parties to the contract of carriage (shippers and carriers) have agreed to use the uniform consignment note CIM / SMGS model and contains the consignment note CIM / SMGS and explanations on its application, being an alternative to the classic transport with retranscription of SMGS consignment note on CIM consignment note or CIM consignment note on SMGS consignment note at the redispatch place1.2. The Guide's objectThis guide contains the model CIM / SMGS and explanations relating to its application. This is an alternative, to the classic transport with retranscription of SMGS consignment note on CIM consignment note or CIM consignment note on SMGS consignment note at the redirection place.The consignment note, including his counterpart, can be written in the form of electronic recording of data which can be transformed into legible written symbols. Procedures for recording and processing data to be functionally equivalent, especially in terms of evidential value of the consignment note represented by these data.3.The Guide's scopeThis guide is intended for CIT members and their guests and participants SMGS and their senders and recipients, and applies to shipments:- subject to the CIM Uniform Rules, on the one hand and on the other hand SMGS and,- consigned to a consignment note CIM / SMGS and,- transported by rail carriers and SMGS / CIM listed in Annex 1 to this guide and redirect remaining at the care of a carrier or a railway CIM / SMGS.In the field of CIM, this guide applies only in situations where they are included in the terms and conditions required for customer contracts and cooperation agreements between carriers. In the field of SMGS, the provisions of this guide apply only to trades submitted by participants in SMGS applying this guide.Article 6, paragraph 8 of CIM and Article 6, paragraph 1 1 and paragraph 15 of SMGS July, are underlying CIM / SMGS consignment note. The consignment note CIM / SMGS is used within the scope of the CIM as CIM consignment note and within the scope of SMGS as SMGS consignment note.This principle applies also to use CIM / SMGS as a customs document.4. Contract partiesFor shipments originating in states that apply the CIM Uniform Rules, the sender is the sender of the consignment note CIM transport contract and, simultaneously, the recipient and sender transport contract CIM SMGS transport contract. …