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Book 4 · Commercial transactions  ›  Division 6 · Warehousing business › Section 468

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

(1) If dangerous goods are to be stored, the depositor is to inform the warehouse keeper, 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. Furthermore, the depositor is to package and label the goods as far as necessary, and is make available instruments and provide all the information the warehouse keeper needs to fulfil their duties.

(2) If the depositor is a consumer, then in derogation from subsection (1)

1.  the warehouse keeper will be obliged to package and label the goods as far as necessary,

2.  the depositor only will be obliged to inform the warehouse keeper in general terms of the danger posed by the goods; the information does not have to be provided in any particular form.

In such case, the warehouse keeper is inform the depositor of the latter’s duty under sentence 1 number 2 and of the administrative provisions to be observed by the depositor concerning the official processing of the goods.

(3) Even if the depositor is not at fault, the depositor is to compensate the warehouse keeper 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 depositor is a consumer, then the depositor will be obliged to compensate the warehouse keeper for damage and expenditures in accordance with subsection (3) only insofar as the depositor has acted culpably.

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