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Book 4 · Commercial transactions  ›  Division 5 · Forwarding business › Section 455

Handling of the goods, accompanying documents, duties to report and provide information

(1) The sender is obliged to package and label the goods as far as necessary and to make available documents as well as to provide all the information the forwarder needs to fulfil their duties. If dangerous goods are to be dispatched, the sender is to inform the forwarder, in good time and in text form, of the precise nature of the danger and, as far as necessary, of the precautionary measures to be taken.

(2) The sender is to compensate, even if the sender is not at fault, the forwarded for damage and expenditures caused by

1.  insufficient packaging or labelling,

2.  failure to disclose the dangerous nature of the goods, or

3.  absence, incompleteness or incorrectness of the instruments or the information required for the official processing of the goods.

Section 414 (2) applies accordingly.

If the sender is a consumer, then the sender will be obliged to compensate the forwarder for damage and expenditures in accordance with subsection (2) only insofar as the sender has acted culpably.

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