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Book 4 · Commercial transactions  ›  Division 4 · Freight business › Section 409

Evidentiary effect of the consignment note

(1) The consignment note signed by both parties constitutes prima facie evidence of the conclusion of the contract of carriage, the conditions of the contract and the takeover of the goods by the carrier.

(2) A consignment note signed by both parties also gives rise to the presumption that the goods and their packaging appeared to be in good condition when the carrier took them over and that the number of packages, their marks and numbers correspond to the particulars provided in the consignment note. However, the consignment note will not give rise to this presumption if the carrier has entered a reservation in the consignment note, stating grounds therefor; the carrier may give as a reason that the carrier had no reasonable means of checking the accuracy of the statements.

(3) If the gross weight of the goods or their quantity otherwise expressed or the content of the packages have been checked by the carrier and the result of the checks has been entered in a consignment note signed by both parties, the latter will constitute prima facie evidence that the weight, quantity or content corresponds to the particulars provided in the consignment note. The carrier is obliged to check the weight, quantity or contents if the sender so requires and the carrier has reasonable means of checking; carriers are entitled to reimbursement of their expenditures for such checking.

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