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is proved4 as against hi!4 that they arose through his negligence or byreason of his having failed to ta/e the precautions which usage hasestablished a!ong careful persons4 unless the shipper has co!!ittedfraud in the bill of lading4 representing the goods to be of a /ind or 3ualitydiEerent fro! what they really were.Bf4 notwithstanding the precautions referred to in this article4 the goodstransported run the ris/ of being lost4 on account of their nature or byreason of unavoidable accident4 there being no ti!e for their owners todispose of the!4 the carrier !ay proceed to sell the!4 placing the! forthis purpose at the disposal of the judicial authority or of the oCcialsdesignated by special provisions.Article (-( Hutside of the cases !entioned in the second paragraph ofArticle (-%4 the carrier shall be obliged to deliver the goods shipped in thesa!e condition in which4 according to the bill of lading4 they were found at

the ti!e they were received4 without any da!age or i!pair!ent4 andfailing to do so4 to pay the value which those not delivered !ay have atthe point and at the ti!e at which their delivery should have been !ade.Bf those not delivered for! part of the goods transported4 the consignee!ay refuse to receive the latter4 when he proves that he cannot !a/e useof the! independently of the others.Article (-, Bf the eEect of the da!age referred to in Article (-% is !erelya di!inution in the value of the goods4 the obligation of the carrier shall bereduced to the pay!ent of the a!ount which4 in the judg!ent of experts4constitutes such diEerence in value.Article (-2 Bf4 in conse3uence of the da!age4 the goods are rendereduseless for sale and consu!ption for the purposes for which they areproperly destined4 the consignee shall not be bound to receive the!4 andhe !ay have the! in the hands of the carrier4 de!anding of the lattertheir value at the current price on that day.Bf a!ong the da!aged goods there should be so!e pieces in goodcondition and without any defect4 the foregoing provision shall beapplicable with respect to those da!aged and the consignee shall receivethose which are sound4 this segregation to be !ade by distinct andseparate pieces and without dividing a single object4 unless the consigneeproves the i!possibility of conveniently !a/ing use of the! in this for!.The sa!e rule shall be applied to !erchandise in bales or pac/ages4separating those parcels which appear sound.Article (-- 6ithin the twenty#four hours following the receipt of the!erchandise4 the clai! against the carrier for da!age or average be foundtherein upon opening the pac/ages4 !ay be !ade4 provided that theindications of the da!age or average which gives rise to the clai! cannotbe ascertained fro! the outside part of such pac/ages4 in which case theclai! shall be ad!itted only at the ti!e of receipt.After the periods !entioned have elapsed4 or the transportation chargeshave been paid4 no clai! shall be ad!itted against the carrier with regardto the condition in which the goods transported were delivered.Article (-+ Bf doubts and disputes should arise between the consigneeand the carrier with respect to the condition of the goods transported atthe ti!e their delivery to the for!er is !ade4 the goods shall be exa!inedby experts appointed by the parties4 and4 in case of disagree!ent4 by athird one appointed by the judicial authority4 the results to be reduced to

writing and if the interested parties should not agree with the expertopinion and they do not settle their diEerences4 the !erchandise shall bedeposited in a safe warehouse by order of the judicial authority4 and theyshall exercise their rights in the !anner that !ay be proper.Article (- The carrier !ust deliver to the consignee4 without any delayor obstruction4 the goods which he !ay have received4 by the !ere fact ofbeing na!ed in the bill of lading to receive the! and if he does not do so4he shall be liable for the da!ages which !ay be caused thereby.Article (-0 Bf the consignee cannot be found at the residence indicated inthe bill of lading4 or if he refuses to pay the transportation charges andexpenses4 or if he refuses to receive the goods4 the !unicipal judge4 wherethere is none of the @rst instance4 shall provide for their deposit at thedisposal of the shipper4 this deposit producing all the eEects of deliverywithout prejudice to third parties with a better right.Article (+$ Bf a period has been @xed for the delivery of the goods4 it!ust be !ade within such ti!e4 and4 for failure to do so4 the carrier shallpay the inde!nity stipulated in the bill of lading4 neither the shipper northe consignee being entitled to anything else.Bf no inde!nity has been stipulated and the delay exceeds the ti!e @xed in

the bill of lading4 the carrier shall be liable for the da!ages which thedelay !ay have caused.

Article (+% Bn case of delay through the fault of the carrier4 referred to inthe preceding articles4 the consignee !ay leave the goods transported inthe hands of the for!er4 advising hi! thereof in writing before their arrivalat the point of destination.6hen this abandon!ent ta/es place4 the carrier shall pay the full value ofthe goods as if they had been lost or !islaid.Bf the abandon!ent is not !ade4 the inde!ni@cation for losses andda!ages by reason of the delay cannot exceed the current price which thegoods transported would have had on the day and at the place in whichthey should have been delivered this sa!e rule is to be observed in allother cases in which this inde!nity !ay be due.Article (+1 The value of the goods which the carrier !ust pay in cases ifloss or !isplace!ent shall be deter!ined in accordance with that declaredin the bill of lading4 the shipper not being allowed to present proof that

a!ong the goods declared therein there were articles of greater value and!oney.?orses4 vehicles4 vessels4 e3uip!ent and all other principal and accessory!eans of transportation shall be especially bound in favor of the shipper4although with respect to railroads said liability shall be subordinated to theprovisions of the laws of concession with respect to the property4 and towhat this 'ode established as to the !anner and for! of eEecting seiIuresand attach!ents against said co!panies.Article (+( The carrier who !a/es the delivery of the !erchandise to theconsignee by virtue of co!bined agree!ents or services with othercarriers shall assu!e the obligations of those who preceded hi! in theconveyance4 reserving his right to proceed against the latter if he was notthe party directly responsible for the fault which gave rise to the clai! ofthe shipper or consignee.The carrier who !a/es the delivery shall li/ewise ac3uire all the actionsand rights of those who preceded hi! in the conveyance.The shipper and the consignee shall have an i!!ediate right of actionagainst the carrier who executed the transportation contract4 or againstthe other carriers who !ay have received the goods transported withoutreservation.?owever4 the reservation !ade by the latter shall not relieve the! fro!the responsibilities which they !ay have incurred by their own acts.Article (+, The consignees to who! the ship!ent was !ade !ay notdefer the pay!ent of the expenses and transportation charges of thegoods they receive after the lapse of twenty#four hours following theirdelivery and in case of delay in this pay!ent4 the carrier !ay de!and thejudicial sale of the goods transported in an a!ount necessary to cover thecost of transportation and the expenses incurred.Article (+2 The goods transported shall be especially bound to answer forthe cost of transportation and for the expenses and fees incurred for the!during their conveyance and until the !o!ent of their delivery.This special right shall prescribe eight days after the delivery has been!ade4 and once prescribed4 the carrier shall have no other action than thatcorresponding to hi! as an ordinary creditor.Article (+- The preference of the carrier to the pay!ent of what is owedhi! for the transportation and expenses of the goods delivered to theconsignee shall not be cut oE by the ban/ruptcy of the latter4 provided it is

clai!ed within the eight days !entioned in the preceding article.Article (++ The carrier shall be liable for all the conse3uences which !ayarise fro! his failure to co!ply with the for!alities prescribed by the lawsand regulations of the public ad!inistration4 during the whole course ofthe trip and upon arrival at the point of destination4 except when his failurearises fro! having been led into error by falsehood on the part of theshipper in the declaration of the !erchandise. Bf the carrier has acted byvirtue of a for!al order of the shipper or consignee of the !erchandise4both shall beco!e responsible.Article (+ Agents for transportation shall be obliged to /eep a specialregistry4 with the for!alities re3uired by Article (-4 in which all the goodsthe transportation of which is underta/en shall be entered in consecutiveorder of nu!ber and dates4 with a state!ent of the circu!stances re3uiredin Article (2$ and others following for the respective bills of lading.Article (+0 The provisions contained in Articles (,0 and following shall beunderstood as e3ually applicable to those who4 although they do notpersonally eEect the transportation of the !erchandise4 contract to do sothrough others4 either as contractors for a particular and de@niteoperation4 or as agents for transportations and conveyances.

Bn either case they shall be subrogated in the place of the carriersthe!selves4 with respect to the obligations and responsibility of the latter4as well as with regard to their rights.