(1) The carrier is liable for resulting damages that the person entitled by virtue of a bill of lading may suffer due to a failure to set out the information and reservations in the bill of lading required by section 515 and section 517 (2), or due to the inaccuracy of the information and reservations provided in the bill of lading. This applies specifically if the goods’ externally apparent condition was not satisfactory at the time of their being taken over by the carrier, and if the bill of lading includes neither any information in this regard pursuant to section 515 (1) no. 7, nor any reservation pursuant to section 517 (2). However, the liability pursuant to the sentence 1 and 2 does not apply unless the carrier knew – or should have known, had it exercised the due care of a prudent carrier – that the information was missing or was inaccurate or incomplete.
(2) If an “on-board” bill of lading is issued before the carrier has taken over the goods, or if a “shipped-on-board” notice is included in a “received-for-shipment” bill of lading prior to the goods being loaded on board the ship, then the carrier will be liable for resulting damages that the person entitled by virtue of the bill of lading may suffer, even if they occur without the fault or neglect of the carrier.
(3) If a bill of lading issued by the master or by any other party authorised to sign bills of lading on behalf of the Reeder does not accurately state the name of the carrier, then the Reeder, too, will be liable for resulting damages that the person entitled by virtue of the bill of lading may suffer due to the inaccuracy. The liability set forth in sentence 1 does not apply unless the issuer knew –- or should have known, had it exercised the due care of a prudent carrier – that the name of the carrier was either missing or inaccurately stated.
(4) The liability pursuant to subsections (1) through (3) will not exceed the amount which would have been payable if the goods had been lost.