(1) If the parties have agreed that the goods are to be delivered to the consignee only on a cash on delivery basis, it is to be presumed that the amount is to be collected in cash or in a form equivalent to cash.
(2) With respect to the creditors of the carrier, the amount received by virtue of the collection is considered to have been transferred to the sender.
(3) If the goods are delivered to the consignee without collection of the cash-on-delivery amount, then the carrier will be liable to the sender for any damage caused, even if the carrier has not acted culpably, the upper limit of the liability, however, being the cash-on-delivery amount.