(1) If it becomes evident following takeover of the goods that the carriage or delivery cannot be performed in accordance with the contract, then the carrier is to ask for instructions from the person who has the right of disposal in relation to the goods in accordance with sections 418 or 446. If the consignee has the right of disposal and if the consignee cannot be located or if the consignee refuses to accept the goods, then the sender will have the right of disposal under sentence 1 if no consignment bill has been made out; the consignment note need not be produced in such a case even if its terms require that this be done when exercising the right of disposal. If instructions have been issued to the carrier and the obstacle is not within the sphere of risks to be borne by the carrier, the carrier may assert claims in accordance with section 418 (1) sentence 4.
(2) If the obstacle to carriage or delivery has arisen after the consignee has, based on the consignee’s right of disposal under section 418, issued the instruction that the goods are to be delivered to a third party, the consignee and the third party are considered to be the sender and the consignee, respectively, for the purposes of applying subsection (1).
(3) If the carrier cannot, within a reasonable time, obtain instructions with which the carrier would have to comply according to section 418 (1) sentence 3, the carrier is to take such measures as seem to be in the best interest of the person having the right of disposal. For instance, the carrier may unload the goods and store them, entrust them to a third party for storage for the account of the person having the right of disposal under sections 418 or 446, or return them; if the carrier entrusts the goods to a third party, then the carrier will be liable only for exercising due diligence in choosing the third party. The carrier may also have the goods sold in accordance with section 373 subsections (2) to (4) if they are perishable or if their condition warrants such a measure, or if the costs that would otherwise be incurred are out of proportion to the value of the goods. The carrier may destroy goods that cannot be sold. The carriage is considered to have been terminated once the goods have been unloaded.
(4) The carrier is entitled to reimbursement for any expenditures necessitated by measures taken in accordance with subsection (3), and to reasonable remuneration, unless the obstacle falls within the sphere of risks to be borne by the carrier.