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Book 5 · Maritime trade  ›  Subtitle 3 · Accompanying documents › Section 521

Delivery in exchange for the bill of lading

(1) Upon the goods’ arrival at the discharging wharf, the rightful holder of the bill of lading is entitled to demand that the carrier make delivery of the goods. Opting to exercise this right will oblige the rightful holder of the bill of lading to pay freight and any other remuneration pursuant to section 494 (2) and (3).

(2) The carrier is obliged to deliver the goods only in exchange for a bill of lading in which delivery has been confirmed, and against payment in full of any outstanding amounts owed pursuant to section 494 (2) and (3). However, the carrier may not deliver the goods to the rightful holder of the bill of lading if the carrier is aware, or grossly negligently unaware, that the rightful holder of the bill of lading is not also the person entitled by virtue of same.

(3) If several executed copies of the bill of lading have been made, then the goods are to be delivered to a rightful holder of even just one executed copy of the bill of lading. Should several rightful holders claim the goods, the carrier is to deposit the goods in a public warehouse or in some other form of safe storage and is to accordingly inform the holders who have come forward, while citing the reasons for proceeding in this manner. In this case, the carrier may have the goods sold off pursuant to section 373 (2) through (4), provided the goods are if they are perishable or if their condition warrants such a measure, or if the costs foreseeably to be incurred otherwise are out of proportion to the goods’ value.

(4) If the carrier makes delivery of the goods to any other party than the rightful holder of the bill of lading or, assuming the situation set out in subsection (2) sentence 2, to any other party than the person entitled by virtue of the bill of lading, then the carrier is liable for the resulting damages the person entitled by virtue of the bill of lading may suffer. The liability will not exceed the amount which would have been payable if the goods had been lost.

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