(1) The shipper is to compensate the carrier for damages and expenditures caused by any of the following:
1. the inaccuracy or incompleteness of the required information regarding the goods;
2. the failure to disclose the goods’ dangerous nature to the carrier;
3. the insufficient packing or marking of the goods; or
4. the lack, incompleteness or inaccuracy of the documents or information stipulated in section 487 (1).
However, the shipper will be released from liability if it is not responsible for the breach of duties.
(2) If the third party mentioned in Section 482 (2) provides incorrect or incomplete information when handing over the goods for carriage, or if it fails to disclose the goods’ dangerous nature to the carrier, then the carrier may also demand compensation from said third party for the damages the carrier has suffered and the expenditures the carrier incurred as a result. This does not apply if the third party is not responsible for the breach of duties.
(3) Where a bill of lading is issued, the shipper and the Ablader (Section 513 (2)) are to compensate the carrier, even if they are not at fault, for the damages the carrier has suffered and the expenditures the carrier has incurred as a result of:
1. the inaccuracy or incompleteness of any information in the bill of lading provided pursuant to Section 515 (1) no. 8 as regards the goods’ quantity, number or weight, or as regards the leading marks used for identification, or
2. the failure to disclose the goods’ dangerous nature to the carrier.
However, the shipper and the Ablader each are liable to the carrier only for the damages and expenditures resulting from the respective inaccurate or incomplete information that either of them provided.
(4) Where conduct on the part of the carrier contributed to the damages suffered or expenditures incurred, then the obligation pursuant to subsection (3) of the shipper and of the Ablader to compensate the carrier, as well as the extent of such compensation, will depend on the extent to which such conduct has contributed to the damages and expenditures.
(5) Any agreement excluding the liability pursuant to subsections (1), (2), or (3) is effective only if it has been negotiated in detail, even if it is for a number of similar contracts between the same parties. In derogation from sentence 1, the compensation of damages to be provided by the shipper or the Ablader may be limited, in terms of its amount, also by pre-worded terms of contract.