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Book 4 · Commercial transactions  ›  Division 4 · Freight business › Section 412

Loading and unloading, authorisation to issue statutory instruments

(1) Unless the circumstances or usages indicate otherwise, the sender is to put on board, stow and secure (load) the goods so as to provide for their safe transport as well as unload them. The carrier is see to it that the loading is consistent with safe operation of the vehicle.

(2) No special fee may be charged for loading and unloading time, the period of which, in the absence of another agreement, is to be reasonable in view of the particular circumstances.

(3) If the carrier waits beyond the loading or unloading time on the basis of a contractual agreement or for reasons outside the sphere of risks to be borne by the carrier, then the carrier will be entitled to appropriate remuneration (demurrage).

(4) The Federal Ministry of Justice is authorised to provide, in agreement with the Federal Ministry for Digital and Transport, by statutory instrument not requiring the approval of the Bundesrat, for the prerequisites applicable to inland navigation for the start and duration of the loading and unloading time as well as the amount of demurrage, taking into account the nature of the vehicles intended to be used in carriage, as well as the nature and quantity of the goods to be transhipped, the technical means available in transhipping the goods as well as the requirements of rapid transportation.

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