(1) The consignment bill gives rise to the presumption that the carrier has taken over the goods in the condition described in the consignment bill; section 409, subsections (2) and (3) sentence 1 apply accordingly.
(2) The carrier cannot rebut the presumption pursuant to subsection (1) vis-à-vis a consignee who is identified in the consignment bill and to whom the consignment bill has been submitted, unless the consignee was aware, or grossly negligently unaware, at the time the consignment bill was submitted, that the information therein is inaccurate. The same applies in relation to any third party to whom the consignment bill has been transferred. Sentences 1 and 2 do not apply if the party entitled under the consignment bill lays claim to the actual carrier pursuant to section 437 and the consignment bill was issued neither by the actual carrier nor by a party authorised by the actual carrier to sign consignment bills.
(3) The claims by virtue of a contract for the carriage of goods as confirmed in a consignment bill may be asserted only by the person entitled under the consignment bill. It will be presumed that the rightful holder of a consignment bill is also the person entitled under the consignment bill. A party is considered the rightful holder of a consignment bill if the consignment bill is
1. made out to "bearer,"
2. made out to "order" and identifies the holder as the consignee, either directly or through an unbroken chain of endorsements, or
3. made out in the name of the holder.