Commercial Maritime Law

1. The carrier shall be liable for any loss or damage sustained by the goods as well as for delay in delivery if the accident causing the loss, damage, or delay occurs while the goods are in his custody, unless he proves that he, his servants, or his agents have done everything within their power to avoid the accident and its consequences. 2. Delay in delivery occurs when the goods are not delivered at the port of discharge stated in the contract of carriage within the agreed-upon period or, in the absence of such agreement, within the usual period it takes an ordinary Commercial Maritime Law carrier in similar circumstances to complete the delivery. 3. A person who has the right to claim compensation for the loss of goods shall deem the same to be lost if not delivered within 60 successive days after the expiry of the period specified for delivery. 4. The carrier shall be liable for fire-related loss, damage, or delay in delivering the goods if the claimant proves that the fire arose from a fault or negligence attributable to the carrier or his servants or agents or due to their failure to take the necessary measures to put out the fire and avoid or mitigate its consequences. 5. The carrier shall not be liable for the loss, damage, or delay in delivery resulting from any special risks associated with the carriage of live animals. If the carrier complies with the consignor's instructions regarding the carriage of such animals, it shall be presumed that any loss or harm thereto is attributable to the special risks associated with this type of carriage, unless the consignor proves that the same has resulted from a fault attributable to the carrier, his representative, or any of his servants. 6. The carrier shall not be liable, except in general average, if the loss, damage, or delay results from measures taken to save lives or salvage property at sea. 7. If fault or negligence attributable to the carrier, his servants, or agents, in conjunction with another cause, result in loss, damage, or delay in delivery, the carrier shall be liable only to the extent that the loss, damage, or delay in delivery is attributable to his fault or negligence or that of his servants or agents, provided that the carrier proves the extent of the loss, damage, or delay in delivery that is not attributable thereto.