The exemptions from and limitations of liability provided for under the present Subtitle and under a contract for the carriage of general cargo does not apply in the following cases:
1. the damages were caused by an act or omission of the carrier, done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result; or
2. the carrier had agreed with the shipper or the Ablader that the goods were to be carried below deck, whereas the damages resulted from the goods having been loaded and stowed on deck.