(1) The shipper is entitled to demand at any time that the carrier carry only a part of the goods. If the shipper exercises this right, then the carrier will be entitled to the full freight, to any demurrage that may have accrued, as well as to compensation for any expenditures incurred because of the incompleteness of the consignment. If the voyage charter contract entitles the carrier to use the same ship to carry other goods in place of the cargo units that have not been loaded and stowed on board, and if the carrier exercises said right, then the freight for the carriage of these other goods will be deducted from the full freight. Insofar as the carrier is deprived of security for the full freight due to the incompleteness of the consignment, they may demand that other security be provided. If the reasons for which the complete cargo is not carried are within the sphere of risks to be borne by the carrier, then the carrier will be entitled to a claim pursuant to the sentences 2 to 4 only insofar as goods are in fact being carried.
(2) If the shipper fails to load and stow all or part of the goods within the loading time plus any agreed laytime on demurrage, or – in cases in which the shipper is not responsible for loading and stowing the goods – if all or part of the goods are not handed over for carriage within this time, then the carrier may set a reasonable deadline for the shipper in which to load and stow the goods, or to hand them over for carriage. If by the expiry of the deadline, only a part of the goods has been loaded and stowed, or handed over for carriage, the carrier may carry the cargo units already loaded and stowed or handed over, and may assert the claims pursuant to subsection (1) sentences 2 to 4. Section 490 (4) is to be applied accordingly.