LIABILITY

§ 426

Exclusion of liability

The carrier is relieved of liability in so far as the loss, damage or delay in delivery was caused by circumstances which the carrier could not avoid even by exercising the utmost diligence and the consequences of which he was unable to prevent.

§ 427

Particular grounds for exclusion of liability

(1) The carrier is relieved of liability in so far as the loss, damage or delay in delivery was due to one of the following risks:

  1. use of an open, unsheeted vehicle or loading on deck, if such a mode of carriage had been agreed or was customary;
  2. insufficient packaging by the sender;
  3. handling, loading or unloading of the goods by the sender or consignee;
  4. nature of the goods which particularly exposes them to damage, especially through breakage, rust, decay, desiccation, leakage or normal wastage;
  5. insufficient lagelling of packages by the sender;
  6. carriage of livestock.

(2) If damage has occured which, in the circumstances, might have been due to one of the risks specified in paragraph 1, it is presumed that it has in fact been caused by this risk. This presumption shall not apply in the circumstances set out in paragraph 1 No. 1 if there has been an abnormal loss.

(3) The carrier may avail himself of paragraph 1 No. 1 only in so far as the loss, damage or delay in delivery is not the result of the carrier having failed to comply with specific instructions given to him by the sender for the carriage of the goods.

(4) If the carrier, by virtue of the contract of carriage, is obliged to protect the goods particularly from the effects of heat, cold, variations in temperature, humidity, vibrations or similar influences, he may avail himself of paragraph 1 No. 4 only if he has taken all measures incumbent upon him in the circumstances, in particular in respect to the choice, maintenance and use of specific equipment, and has complied with any specific instructions.

(5) The carrier may avail himself of paragraph 1 No. 6 only if he has taken all measures incumbent upon him in the circumstances, and has complied with any specific instructions

§ 429

Compensation based upon value

(1) Where the carrier is liable to pay compensation for total or partial loss of the goods, such compensation shall be calculated by reference to the value of the goods at the place and time at which they were accepted for carriage.

(2) If the goods have been damaged, the measure of the damages payable will be the difference between the value of the undamaged goods at the place and time of acceptance for carriage and the value
which the damaged goods would have had at the place and time of acceptance. The costs necessary in order to reduce and remedy the damage are considered prima facie to be equal to the amount of the difference calculated pursuant to the first sentence.

(3) The value of the goods shall be fixed in accordance with the current market price or, if there is no such price, in accordance with the normal value of goods of the same kind and quality. If the goods were sold immediately prior to their acceptance for carriage, the purchase price noted in the seller’s invoice, minus carriage charges included therein, shall be considered prima facie to be the current market price.

§ 430

Assessment costs

In the event of loss of or damage to the goods, the carrier shall bear, in addition to the compensation due in accordance with section 429, the costs of assessing the damage.

§ 431

Maximum amount of liability

(1) The compensation payable in accordance with sections 429 and 430 for loss of or damage to the entire consignment is limited to an amount of 8.33 units of account for each kilogram of gross weight of the
consignment.

(2) If only individual packages of the consignment have been lost or damaged, the liability of the carrier is limited to the amount of 8.33 units of account for each kilogram of gross weight.

  1. of the whole consignment, if the whole consignment has lost its
    value,
  2. of a part of the consignment, if only that part of the consignment has
    lost its value.

(3) The liability of the carrier for non-compliance with the delivery period is limited to an amount equal to three times the freight.

(4) The unit of account referred to in paragraphs 1 and 2 is the Special Drawing Right of the International Monetary Fund. The amount shall be converted into Deutsche Mark according to the value of the Deutsche Mark, in terms of the Special Drawing Right, on the day on which the goods were accepted for carriage, or on the date agreed by the parties. The value of the Deutsche Mark, in terms of the Special Drawing Right, is to be calculated according to the method of evaluation applied by the International Monetary Fund for its operations and transactions on the day in question.

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