(1) If it becomes evident, after the goods have been taken over, that the goods’ carriage or delivery cannot be performed in accordance with the contract, the carrier is to ask for instructions from the party who has the right of disposal in relation to the goods pursuant to section 491 or section 520. If that party is the consignee, and if the consignee cannot be located or refuses to accept the goods, then the shipper will have the right of disposal in accordance with sentence 1, provided no bill of lading has been issued; the sea waybill need not be produced in such a case even if its terms require that this be done when exercising the right of disposal. If instructions have been issued to the carrier and the obstacle is not within the sphere of risks to be borne by the carrier, the carrier may assert claims pursuant to section 491 (1) sentence 4.
(2) If the obstacle to carriage or delivery has arisen after the consignee has issued instructions, based on their right of disposal pursuant to section 491, that the goods are to be delivered to a third party, then the consignee and the third party will be deemed to be the shipper and the consignee respectively for the purposes of applying subsection (1).
(3) If the carrier is unable to obtain instructions, within a reasonable period of time, with which it would have had to comply pursuant to section 491 (1) sentence 3, then it will take such measures as seem to be in the best interest of the party having the right of disposal. For instance, the carrier may discharge the goods from the ship and store them, they may entrust them to a third party for storage for the account of the party having the right of disposal pursuant to section 491 or section 520, or they may return them; should the carrier entrust a third party with the goods, it is liable only for exercising due diligence in choosing such third party. The carrier may also have the goods sold pursuant to section 373 (2) through (4) if they are perishable or if their condition warrants such a measure, or if the costs to be incurred otherwise are out of proportion to the goods’ value. The carrier may destroy goods that cannot be sold. The carriage is deemed to have been terminated once the goods have been discharged from the ship.
(4) The carrier is entitled to reimbursement of the expenditures necessitated by the measures taken pursuant to subsection (3), and to reasonable remuneration, unless the obstacle falls within the sphere of risks to be borne by the carrier.