1.4.4.2   Container provided by carrier
There are several different conceivable situations, whether the carrier uses his own container or one borrowed, rented or leased from a third-party*:
 
 
Permanently mounted container
 
If the container is mounted permanently on the chassis of a truck. i.e. is completely fixed thereto, it fulfills the requirements of a fundamental component of the vehicle for the purposes of 93 BGB [German Civil Code].
 
The transport company is liable for material damage to the cargo under the corresponding carriage conditions. This liability does not include the weight of the container, since the contract of carriage relates only to the cargo and not additionally to the container.
 
 
Leased containers
 
If, on the express wish of the shipper, the carrier makes available to said shipper a freely handleable container which is not connected permanently to the vehicle, for instance because the shipper's intention is for the container to be transferred between several means of transport during carriage, the carrier will generally demand additional remuneration for handover of the container. This gives rise to a leasing agreement between the carrier and the shipper.
 
The transport company is liable for material damage to the cargo under the corresponding carriage conditions.
 
Material damage to the container is covered by the content of the leasing agreement.
 
 
Containers as ancillary transportation equipment
 
If the carrier makes the container available to the shipper to simplify transport without any special additional agreement of the type mentioned above, the contract of carriage as a rule relates only to the transport of cargo in a vehicle suitable therefor.
 
The transport company is liable for material damage to the cargo under the corresponding carriage conditions. This liability does not include the weight of the container, since the contract of carriage relates only to the cargo and not additionally to the container.
 
 
*Thume in Thume: Kommentar zur CMR [Commentary on CMR], 1st edition 1995, pages 940/941, marg. nos. 81-83
 
 

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