(1) The carrier is relieved of liability insofar as the loss of or physical damage to the goods was caused by any of the following circumstances:
1. perils, dangers, and accidents of the sea or other navigable waters;
2. war or hostilities, social unrest, acts by public enemies, or measures taken by sovereigns, as well as quarantine restrictions;
3. seizure by a court;
4. strikes, lockouts, or other restraints of labour;
5. acts or omissions by the shipper or the Ablader, specifically insufficiency of packing or improper marking of the cargo units by the shipper or the Ablader;
6. inherent features or characteristics of certain goods that make them particularly susceptible to damage, particularly through breakage, rust, internal spoiling, drying, leakage, or normal wastage in bulk or weight;
7. the carriage of live animals;
8. measures serving to save human life at sea;
9. salvage measures at sea.
Sentence 1 does not apply insofar as the damage could have been avoided by a prudent carrier exercising due care.
(2) If damage has occurred which, given the circumstances, might have been due to one of the risks set out in subsection (1) sentence 1, then the operative assumption is that the corresponding damages have in fact been caused by this risk. Sentence 1 does not apply if the goods were carried by a ship that was not seaworthy or not cargoworthy.
(3) If the carrier, by virtue of the contract for carriage of general cargo, is under obligation to protect the goods particularly from the effects of heat, cold, variations in temperature, humidity, vibrations or similar effects, then the carrier may avail themself of the defences set out in subsection (1) sentence 1 no. 6 only if they have taken all of the measures incumbent upon them in light of the circumstances, in particular in respect of the choice, maintenance, and use of specific equipment, and only if they have complied with any special instructions that may have been issued.
(4) The carrier may avail themself of the defences set out in subsection (1) sentence 1 no. 7 only if they have taken all of the measures incumbent upon them in the circumstances, and if they have complied with any specific instructions that may have been issued.