(1) Section 438 applies irrespective of whether the place of damage is unknown, is known or becomes known later. The requirements as to form and the time limit prescribed for the notice of damage are considered to have been met also if the corresponding provisions that would have been applicable to a contract of carriage covering the last leg of the carriage have been complied with.
(2) Wher the prescription period for claims based upon loss, damage or delay in delivery commences running from delivery, the delivery to the consignee will be the relevant point in time. Even if the place at which the damage occurred is known, the claim will become statute-barred in accordance with section 439 at the earliest.