SECTION 17

1- The carrier shall be relieved of liability if he proves that the loss, damage or delay was caused by a wrongful act or instruction by the claimant, inherent vice of the goods or through circumstances which the carrier could not avoid and the consequences of which he was unable to prevent. 2- The carrier shall be relieved of liability when the loss or damage arises from the special risks inherent in one or more of the following circumstances: a) use of open unsheeted vehicles, when their use has been expressly agreed and specified in the consignment note; b) the lack of, or defective condition of packing in the case of goods which, by their nature, are liable to wastage or to be damaged when not properly packed or when not packed ; c) handling, loading, stowage or unloading of the goods by the sender, the consignee or a person acting on behalf of the sender or the consignee; d) the nature of certain kinds of goods which particularly exposes them to total or partial loss or to damage , especially through breakage, rust, decay, desiccation, leakage or normal wastage; e) insufficiency or inadequacy of marks or numbers on the packages; f) the carriage of livestock. 3- The carrier shall not be relieved of his liability by reason of the defective condition of the vehicle used to perform the carriage. 4- When the carrier proves that in the circumstances of the case, the loss or damage could be attributed to one or more of those special risks; it shall be presumed that it was so caused. The claimant shall, however, be entitled to prove that the loss or damage was not, in fact, attributable either wholly or partly to one of these risks. The presumption shall not apply in the circumstances set out in paragraph 2 above if there has been an abnormal shortage, or a loss of any package. 5- If the carriage is performed in vehicles specially equipped to protect the goods from the effects of heat, cold, variations in temperature or the humidity of the air, the carrier shall not be entitled to claim the benefit of the exemption from liability provided in paragraph 2 d) above, unless he proves that all steps incumbent on him, having regard to the circumstances of the case, with respect to the choice, maintenance and use of such equipment were taken and that he complied with any special instructions issued to him. 6- The carrier shall not be entitled to claim the benefit of paragraph 2(f) of this article , unless he proves that all steps normally incumbent on him, having regard to the circumstances of the case, were taken and that he complied with any special instructions issued to him. 7- If the carrier is not liable in respect of some of the factors causing the loss, damage or delay, he shall only be liable to the extent that those factors for which he is liable have contributed to the damage. Limits of Liability.