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Book 4 · Commercial transactions  ›  Division 4 · Freight business › Section 445

Delivery in exchange for the consignment bill

(1) Upon the goods’ arrival at the place designated for delivery, the rightful holder of the consignment bill is entitled to demand that the carrier make delivery of the goods. Opting to exercise this right will oblige the rightful holder of the consignment bill to pay freight and any other remuneration pursuant to section 421 subsections (2) and (3).

(2) The carrier is obliged to deliver the goods only in exchange for the return of the consignment bill on which delivery has been certified, and against payment in full of any outstanding amounts owed pursuant to section 421 subsections (2) and (3). However, the carrier may not deliver the goods to the rightful holder of the consignment bill if the carrier is aware, or grossly negligently unaware, that the rightful holder of the consignment bill is not the person entitled by virtue of same.

(3) If the carrier makes delivery of the goods to any other party than the rightful holder of the consignment bill or, in the case referred to in subsection (2) sentence 2, to any other party than the person entitled under the consignment bill, then the carrier will be liable for the resulting damage the person entitled under the consignment bill may suffer. The liability is limited to the amount payable in the event of the goods being lost.

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