[eu]cite

Home› Commercial & Company Law› HGB (EN)

Book 4 · Commercial transactions  ›  Division 4 · Freight business › Section 427

Particular grounds for exclusion of liability

(1) The carrier will be relieved of liability insofar as the loss, damage or delay in delivery was due to one of the following risks:

1.  use of an open, unsheeted vehicle or loading on deck, if such a mode of carriage had been agreed or was customary;

2.  insufficient packaging by the sender;

3.  handling, loading or unloading of the goods by the sender or consignee;

4.  nature of the goods which particularly exposes them to damage, especially through breakage, rust, decay, desiccation, leakage or normal wastage;

5.  insufficient labelling of packages by the sender;

6.  carriage of livestock.

(2) If damage has occurred which, in the circumstances, might have been due to one of the risks specified in subsection (1), then it will be presumed that it has in fact been caused by this risk. This presumption does not apply in the circumstances set out in subsection (1) number 1 if there has been an abnormal loss.

(3) Carriers may avail themselves of subsection (1) number 1 only insofar as the loss, damage or delay in delivery is not the result of the carriers having failed to comply with specific instructions given to them by the sender for the carriage of the goods.

(4) If carriers, by virtue of the contract of carriage, is obliged to protect the goods particularly from the effects of heat, cold, variations in temperature, humidity, vibrations or similar influences, they may avail themselves of subsection (1) number 4 only if they have taken all measures incumbent upon them in the circumstances, in particular in respect to the choice, maintenance and use of specific equipment, and if they have complied with any specific instructions.

(5) Carriers may avail themselves of subsection (1) number 6 only if they have taken all measures incumbent upon them in the circumstances, and if they have complied with any specific instructions.

←→ also move between sections