Section Code: 0608 - 0633
Thai Civil and Commercial Code
Section 608 Carrier
A carrier, within the meaning of this Title, is a person who in the usual course of business undertakes to transport goods or passengers for remuneration.
Section 609 Transport of Goods or People
The carriage of goods or passengers by the Royal State Railways Department of Siam or of postal articles by the Post and Telegraph Department are governed by the Laws and Regulations concerning such Department. The carriage of goods by sea is governed by the Laws and Regulations relating thereto.
CHAPTER 1: Carriage of Goods (Trucker)
Section 610 Consigner, Consignee, and Freight
The person making an agreement with a carrier for the transportation of goods is called the sender or consignor. The person whom the goods are forwarded is called the consignee. The remuneration to be paid for the transportation of the goods is called the freight.
Section 611 Accessories of the Freight
The accessories of the freight comprise any customary expenses duly incurred by the carrier in course of transportation.
Section 612 Requirements of Way-Bill
If required by the carrier, the sender must supply him with a way-bill. The way-bill must show the following particulars:
- The nature of the goods sent, their weight or bulk and the nature, number and marking of the packages
- The place of destination
- The name or trade-name and address of the consignee
- The place where and time when the way-bill is made out
- The way-bill must be signed by the sender.
Section 613 Consignment Note
If required by the sender, the carrier must supply him with a consignment note. The consignment note must show the following particulars:
- Those mentioned in 612, subsections 1,2,and 3
- The name or trade-name of the sender
- The amount of freight
- The place where and the time when the consignment note is made out
- The consignment note must be signed by the carrier.
Section 614 Endorsement
Even though a consignment note has been made out to a named person, it can be transferred by endorsement, unless the endorsement is forbidden in the consignment note.M
Section 615 Surrender of Consignment
If a consignment note has been made, delivery can be obtained only on its surrender or on proper security being given by the consignee.
Section 616 Liability for loss during delivery
The carrier is liable for any loss, damage or delay in delivery of the goods entrusted to him, unless he proves that the loss, damage or delay is caused by force majeure or by the fault of the sender or consignee.
Section 617 Carrier liable for damage by third person
The carrier is liable for loss, damage or delay caused by the fault of the other carries or persons to whom he entrusted the goods.
Section 618 Joint Liability for Several Carriers
If the goods were transported by several carriers, they are jointly liable for loss, damage or delay.
Section 619 Declaration of Dangerous Goods
If the goods are of a dangerous nature or are likely to cause injury to persons or property, the sender must declare their nature before making the contract of carriage, failing which he shall be liable for any injury caused by them.
Section 620 Liability for Valuable Items
The carrier is not liable for specie, currency notes, bank notes, bills, bonds, shares, debentures, warrants, jewels, and other valuables, unless he is given notice of the value or nature of such goods when they are delivered to him. If their value is declared, the liability of the carrier is limited to such declared value.
Section 621 Compensation for Delay
Compensation in case of delay in delivery cannot exceed the amount which could be awarded in case of total loss of goods.
Section 622 Notification of Arrival
The carrier must notify the consignee as soon as the goods arrive.
If the goods were transported by several carriers, the last of them can exercise the rights described in Section 630, 631, 632 for the amounts due to them all for freight and accessories.