(1)

The multimodal transport operator shall be liable for loss resulting from—

(a) any loss of, or damage to, the consignment;

(b) delay in delivery of the consignment and any consequential loss or damage arising from such delay,

(2)

If the consignment has not been delivered within ninety consecutive days following the date of delivery expressly agreed upon or the reasonable time referred to in the Explanation to sub-section (1), the claimant may treat the consignment as lost.