Unless provided otherwise in the contract or by trade usages, the sender shall pack the goods in an appropriate manner. He shall be liable to the carrier or to any other person whose services the carrier made use of for the performance of the contract of carriage, for damage to persons, equipment or other goods, as well as for any expenses incurred by reason of the defective packing of the goods, unless the defect was apparent or known to the carrier at the time when he took over the goods and he made no reservations concerning it.
If, at the time the goods are taken over, a defective packing which is apparent or known to the carrier presents an obvious risk to the safety or integrity of persons or goods, the carrier shall notify the person in charge of the packing, and invite him to remedy the defect. The carrier shall not be required to carry the goods if, following such notice, the defective packing is not remedied within a reasonable period of time, having regards to the circumstances of the case.
In the event of breakage of the packing during carriage, the carrier shall take the measure, which appear to him to be most appropriate in the interest of the person entitled to make a claim for any loss or damage caused thereby of the goods and shall inform him thereof. If the broken package or the goods it contains present a risk to the safety or integrity of persons or goods, the carrier may through appropriate means, immediately unload the goods on the account of the person entitled to make a claim for any loss or damage caused thereby and shall notify him thereof. After such unloading, the carriage shall then be deemed to be at an end. In such a case, the carrier shall hold the goods on behalf of the claimant. He may, however, entrust them to a third party, and shall then be liable only for the choice of such third party. The charges due under the consignment note and all other expenses shall remain chargeable against the goods.
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