Before the international road transport trade, the CMR contract and document must be prepared. The Turkish equivalent of the CMR contract is the Road International Goods Transportation contract. With the CMR contract, the Carrier undertakes to deliver the contractual goods to the destination on time and undamaged, while the sender or institution agrees to pay a fee for this work. Issues such as the number and weight of the goods to be transported, information about the vehicle, loading and unloading places, and the number of days to be delivered are included in the contract down to the smallest detail. Any condition that directly or indirectly violates the provisions of this contract is void. The invalidity of such a condition does not entail the invalidity of other provisions of the contract. In particular, insurance indemnity or any other similar clause or any clause amending the burden of proof in favor of the carrier is null and void. Since CMR contracts must be valid both in our country and in a foreign country, the necessary support should be obtained immediately from a knowledgeable lawyer when making a CMR contract.
The CMR (Convention Marchandise Routier) document is issued in accordance with the CMR contract in international road transport. CMR certificate is mandatory for international transportation by road. All rights of both the sender, the receiver and the logistics company that carries out the transport are protected by this document.
If the buyer receives the goods without checking their condition together with the carrier, or at the time of delivery in cases where loss and damage are clearly visible, or within seven days of delivery (excluding Sundays and public holidays) in cases where it is not clearly visible, this constitutes proof that the buyer’s goods have been received as specified in the consignment letter. Compensation for delay is not paid if the carrier is not notified in writing within 21 days from the date the goods are placed at the disposal of the buyer.Lawsuits arising from the transportation made pursuant to this Agreement must be filed within one year. However, it can be filed within three years in cases where there is willful misconduct or fault which is recognized as knowingly bad conduct by the court. Since this type of lawsuit is a very complex branch of law and has many provisions, it is a great advantage for the parties to consult a lawyer.