ART. 46. DECLARATION OF GOODS WITH SPECIAL PROPERTIES:
(1) Goods which:
- are overweight, overdimensional or perishable cargo and/or
- constitute a hazard for the human health or life, for any property or for the environment and/or
- require special conditions or facilities for their transport, storage or handling,
are accepted by the FORWARDER only under express written agreement, based on the declaration of the CUSTOMER for the specific properties and the special conditions of carriage, storage or handling of such goods.
(2) If the goods described in Cl. (1) above are delivered to the FORWARDER in the absence of such declaration or if same is incomplete or imprecise, the CUSTOMER is liable for any costs and damages arising therefrom, even when there is no negligence or fault on his part.
ART. 47. When delivering dangerous goods, in addition to the requirements stipulated in Art. 46 above the CUSTOMER is further obliged:
1. To declare the class of the hazard and its classification number and to deliver the goods packed and marked in accordance with the applicable legislation and/or convention for the carriage of dangerous goods on the respective mode of transport.
2. To issue written instructions for:
- the nature of the hazard and the security measures which should be applied in the handling, storage and carriage of the goods;
- the measures, which should be applied in case of an accident involving the dangerous goods, including the aid which must be rendered to persons who have come in contact with goods or with the substances derived therefrom.
ART. 48. RIGHT OF DISPOSAL OF GOODS WITH SPECIAL PROPERTIES:
(1) The FORWARDER may at any time unload, render harmless or destroy goods which present an imminent danger to human life or health, to property or to the environment. The FORWARDER shall exercise reasonable efforts to notify in advance the CUSTOMER/OWNER of his actions, except in an emergency situation.
(2) If in the circumstances stated in Cl. (1) above the CUSTOMER has not complied with the requirements of Art. 47, then the FORWARDER is not liable to pay any compensation or to make any General Average contributions in respect of the goods.
ART. 49. GOODS EXCLUDED FROM ACCEPTANCE:
(1) Except under special agreement FORWARDER does not accept and does not deal with bank notes, coin, bullion, precious stones and metals, jewellery, valuables, antiques, objects of art, bonds, shares, negotiable instruments and securities of any kind, tobacco products and alcohol.
(2) Should the CUSTOMER nevertheless deliver or cause the FORWARDER to deal with any such goods otherwise than under special agreement, the FORWARDER shall be exempted from any liability whatsoever for or in connection with such goods howsoever arising.