(1) The liability of a carrier for compensation for damage under Articles 794 through 796 may be limited to the extent of the larger amount between the amount of 666 and 67/100 units of account per package or per shipment unit of the relevant cargo and the amount of two units of account per kilogram: Provided, That the same shall not apply in cases where the damage in relation to the cargo was caused due to the carrier's willful misconduct or other reckless act or omission while recognizing the concern about the incurrence of the damage.
(2) For the purposes of paragraph (1), the number of packages or shipment units of the cargo shall be determined as follows:
1. In cases where a container or other similar transportation container is used to consolidate the cargo, when the number of packages or shipment units contained in such transportation container is stated in the bill of lading or in other documents proving the transportation contract, each of such package or shipment unit shall be deemed one package or shipment unit. Except in such cases, all the cargo in such transportation container shall be deemed one package or shipment unit;
2. In cases where the transportation container itself supplied by a person who is not a carrier is lost or damaged, such container shall be deemed a separate package or shipment unit.
(3) The provisions of paragraphs (1) and (2) shall not apply if, at the time when a consignor delivers cargo to a carrier, the kind and value of the cargo have been notified and stated in a bill of lading or in other documents evidencing a transportation contract: Provided, That when a consignor has intentionally given considerably unfaithful notice of the kind and value of the cargo, a carrier shall be exonerated from liability to compensate for damage incurred in relation to the cargo except in cases of bad faith of a carrier him/herself and his/her employees.
(4) The provisions of paragraphs (1) through (3) shall not affect the application of Articles 769 through 774 and 776.[This Article Wholly Amended by Act No. 8581, Aug. 3, 2007]