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CONDITIONS OF THE

GOODS UPON DELIVERY


GR: The merchandise shall be
transported at the risk and
venture of the shipper.
As a consequence all losses
and deterioration which
may be suffered by the
goods through:
a) fortuitous event;
b) force majeure; or
c) the inherent nature
and defect of the goods
are for the account of
Exception: If the contrary
has not been expressly
stipulated.
Note: While the Code of Commerce
appears to allow a contrary
stipulation, the same has been
repealed by Article 1745 of the Civil
Code requiring common carriers to
exercise extraordinary diligence,
qualified by a stipulation that can
allow for a lesser degree not below
that of a good father of a family
under Article 1744.
The carrier is liable for losses or
damage resulting from
Not liable
Obligation to deliver the goods in the same condition in which they were
at the time of receipt

BEFORE AFTER
FAILURE TO DO SO
If only a part of the goods
is delivered
Obligation to pay the amount
of reduction in the value of the
goods after appraisal by
experts
If, on account of damage, the goods are
rendered useless for sale or consumption for the
use they are properly designed
If among the goods damaged
there be some in good
condition

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