Article e11: Transport
Clause: “If an electronic record evidencing transport does not indicate a date of shipment or dispatch or taking in charge or a date the goods were accepted for carriage, the date of issuance of the electronic record will be deemed to be the date of shipment or dispatch or taking in charge or the date the goods were accepted for carriage.”
Explanation: This clause addresses situations where an electronic transport record lacks specific dates for shipment, dispatch, or taking in charge of goods. In such cases, the date when the electronic record itself is issued is used as a substitute for these dates. Essentially, if no other date is mentioned, the issue date of the document is considered the relevant date for transport.
Example: Imagine a shipment of goods where the electronic transport document does not specify when the goods were dispatched. If the document was issued on August 10, 2024, then for all purposes of the transaction, August 10, 2024, will be considered the date of dispatch.
Clause: “However, if the electronic record bears a notation that evidences the date of shipment or dispatch or taking in charge or the date the goods were accepted for carriage, the date of the notation will be deemed to be the date of shipment or dispatch or taking in charge or the date the goods were accepted for carriage.”
Explanation: This clause allows for an exception to the general rule. If the electronic record contains a specific notation that clearly states the date of shipment, dispatch, or taking in charge, then this noted date overrides the issue date of the document. The noted date is then used for all purposes related to transport dates.
Example: Suppose the electronic transport record includes a notation stating “Goods dispatched on August 15, 2024.” Even if the record was issued on August 10, 2024, the date August 15, 2024, as noted on the document, will be used to determine the actual date of dispatch.
Clause: “Such a notation showing additional data content need not be separately signed or otherwise authenticated.”
Explanation: Notations providing additional information, such as dates of shipment or dispatch, do not require separate signatures or authentication to be valid. This clause ensures that the presence of a date notation is sufficient without needing additional verification.
Example: If an electronic transport record has a note indicating “Goods accepted for carriage on August 20, 2024,” this date does not need to be signed or otherwise authenticated separately. The notation itself is sufficient to establish the date of acceptance for carriage.