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Book 4 · Commercial transactions  ›  Division 4 · Freight business › Section 420

Payment, calculation of freight

(1) The freight is payable on delivery of the goods. In addition to the freight, the carrier will be entitled to be reimbursed for any expenditures insofar as they were incurred in the interests of the goods and the carrier in all the circumstances was able to reasonably regard them as necessary.

(2) The claim to freight will lapse insofar as carriage is impossible. If the carriage is terminated prematurely due to an obstacle to carriage or delivery, then the carrier will be entitled to a pro rata part of the freight for the completed part of the carriage if the carriage is of benefit to the sender.

(3) In derogation from subsection (2), the carrier will continue to be entitled to the claim to freight if carriage is impossible for reasons within the sphere of risks to be borne by the sender or for reasons occurring at a time at which the sender is in default on acceptance of delivery. However, the carrier will have to accept a deduction of any savings or any moneys the carrier was able to earn or that the carrier, acting in bad faith, has failed to earn.

(4) If, for reasons within the sphere of risks to be borne by the sender, a delay occurs after the start of carriage and before arrival at the place designated for delivery, then the carrier will be entitled to reasonable remuneration in addition to the freight.

(4) If the freight is agreed by reference to the number, weight or quantity otherwise expressed of the goods, then it will be presumed for the purpose of calculating the freight that the statement in the consignment note or consignment bill relating to this is correct; this presumption will apply even if such statement is accompanied by a reservation justified by the indication that there had been no reasonable means of checking the accuracy of the information.

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