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Book 4 · Commercial transactions  ›  Division 6 · Warehousing business › Section 475d

Effect of the warehouse warrant, entitlement

(1) The warehouse warrant gives rise to the presumption that the goods and their packaging have been taken over as described in the warrant in respect of their apparent condition and as regards the number of packages and their special marks and numbers. If the gross weight of the goods or their quantity otherwise expressed or their content has been checked by the warehouse keeper and the result of the inspection has been entered in the warehouse warrant, then the latter constitutes evidence that the weight, quantity or content corresponds to the statement in the warehouse warrant.

(2) If the warehouse warrant is submitted to a person identified therein as a party entitled to receive the goods, the warehouse keeper cannot rebut the presumption pursuant to subsection (1) vis-à-vis the person, unless such person was aware, or grossly negligently unaware, at the time the warehouse warrant was submitted, that the information therein is inaccurate. The same applies in relation to any third party to whom the warehouse warrant is transferred.

(3) The claims by virtue of a warehousing contract as confirmed in a warehouse warrant may be asserted only by the person entitled under the warehouse warrant. It will be presumed that the rightful holder of a warehouse warrant is also the person entitled under the warehouse warrant. A party is considered the rightful holder of a warehouse warrant if the warehouse warrant is

1.  made out to "bearer",

2.  made out to "order" and identifies the holder as the person entitled to receive the goods, either directly or through an unbroken chain of endorsements, or

3.  made out in the name of the holder.

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