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Definition
Article 361
- (1)
- Under a forwarding contract a forwarding agent shall undertake, for compensation, to conclude a contract for transportation of cargo in his own name and on account of the principal.
- (2)
- The provisions for commission merchant contract shall apply mutatis mutandis to all matters not covered by this Chapter.
Forwarding Agent - Carrier
Article 362
The forwarding agent may carry out the transportation himself, entirely or in part. In such case he shall have the rights and obligations of a carrier as well.
Several forwarding agents
Article 363
The forwarding agent may assign to subsequent forwarding agents the carrying out of the activities under Article 361, even without authorisation therefor from the principal.
Obligation for Notification
Article 364
- (1)
- The principal shall be bound to notify the forwarding agent about any special characteristics of the cargo.
- (2)
- Should the packing of the cargo be inappropriate for transportation, the forwarding agent shall be bound to notify the principal thereof.
Compliance with Principal's Instructions
Article 365
- (1)
- The forwarding agent shall be bound to comply to the instructions of the principal pertaining to the route, direction and manner of transportation, as well as to the selection of carriers and subsequent forwarding agents.
- (2)
- Should the forwarding agent deviate from the instructions of the principal, he shall be liable for damages, unless he proves that such could also have occurred even if he had complied to the instructions.
Limitation of Actions
Article 366
An action for damages under a forwarding contract may be brought within one year.
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