Container provided by shipper
Whether the shipper uses his own container or one borrowed, rented or leased from a third-party, he is using the container as packaging*.
The transport company is liable for material damage to the cargo and the container under the corresponding carriage conditions, since, when calculating liability, the gross weight is to be understood to mean the total weight including packaging.
*Thume in Thume: Kommentar zur CMR [Commentary on CMR], 1st edition 1995, page 939, marg. no. 76

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