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(Adopted and Promulgated by the Second Session of the Ninth National People's
Article 381 Definition of Warehousing Contract
A warehousing contract is a contract whereby the warehouser stores the goods
delivered by the depositor, and the depositor pays the warehousing fee.
Article 382 Effectiveness of Warehousing Contract
A warehousing contract becomes effective upon its formation.
Article 383 Storage of Hazardous Material
Where the depositor intends to store any hazardous material which is inflammable,
explosive, toxic, corrosive, or radioactive, etc., or any material susceptible
to deterioration, it shall describe the nature of the goods and provide the
relevant information.
Where the depositor violates the previous paragraph, the warehouser may reject
the goods and may also take the appropriate measures to prevent loss at the
depositor's expense.
Where the warehouser is to store any hazardous material which is inflammable,
explosive, toxic, corrosive, or radioactive, etc., it shall be equipped with
the appropriate safekeeping conditions.
Article 384 Inspection by Warehouser; Passing of Responsibility
The warehouser shall, in accordance with the contract, conduct warehouse-in
inspection of the goods. Where in the course of such inspection, the warehouser
discovers any non-compliance of the goods, it shall timely notify the depositor.
After inspection and acceptance by the warehouser, if any non-compliance in
respect of the type, quantity or quality of the goods occurs, the warehouser
shall be liable for damages.
Article 385 Warehouse Receipt
Upon the depositor's delivery of the goods, the warehouser shall issue thereto
a warehouse receipt.
Article 386 Contents of Warehouse Receipt
The warehouser shall sign or seal the warehouse receipt. The warehouse receipt
shall set forth the following:
(i) name and domicile of the depositor;
(ii) the type, quantity, quality, and packing method of the
goods, and the number of packages thereof and the marks thereon;
(iii) the depletion standard for the goods;
(iv) the warehousing facility;
(v) the warehousing period;
(vi) the warehousing fee;
(vii) if the goods are insured, the insured amount, term of insurance
and the name of the insurer;
(viii)the preparing and issuing person and place and date of preparation and
issuance.
Article 387 Nature and Assignability of Warehouse Receipt
The warehouse receipt is the voucher for retrieving the goods. Where the depositor
or holder of the warehouse receipt has endorsed the warehouse receipt and the
warehouser has signed or sealed thereon, the right to retrieve the goods may
be assigned.
Article 388 Warehouse Receipt Holder's Right to Inspect
Upon request by the holder of the warehouse receipt, the warehouser shall allow
him to inspect the goods or take samples therefrom.
Article 389 Obligation of Warehouser to Notify in Case
of Damage
Where the warehouser discovers that the warehoused goods are deteriorating or
are otherwise damaged, it shall timely notify the depositor or holder of the
warehouse receipt.
Article 390 Warehouser's Obligations and Rights in
Respect of Deteriorating Goods
Where the warehouser discovers that the warehoused goods are deteriorating or
are otherwise damaged, thereby endangering other goods and normal safekeeping,
it shall demand disposal of the goods by the depositor or the holder of the
warehouse receipt as necessary. In an emergency situation, the warehouser may
dispose of the goods as necessary, provided that thereafter it shall timely
notify the depositor or holder of the warehouse receipt of the situation.
Article 391 Warehousing Period
Where the warehousing period was not prescribed or clearly prescribed, the depositor
or holder of the warehouse receipt may retrieve the goods at any time, and the
warehouser may require the depositor or holder of the warehouse receipt to retrieve
the goods at any time, provided that the other party shall be given the time
required for preparation.
Article 392 Retrieval of Goods
At the end of the warehousing period, the depositor or holder of the warehouse
receipt shall retrieve the goods by presenting the warehouse receipt to the
warehouser.
Where the depositor or holder of the warehouse receipt delays in retrieving
the goods, additional warehousing fee shall be charged; where the goods are
retrieved before the end of the warehousing period, the warehousing fee shall
not be reduced.
Article 393 Placing Goods in Escrow in Case of Failure
to Retrieve
At the end of the warehousing period, if the depositor or holder of the warehouse
receipt failed to retrieve the goods, the warehouser may demand retrieval within
a reasonable period, and if the goods are not retrieved at the end of such period,
the warehouser may place the goods in escrow.
Article 394 Warehouser's Liabilities in Case of Damage
to Goods
Where the goods were damaged or lost during the warehousing period due to improper
safekeeping by the warehouser, it shall be liable for damages.
If the goods deteriorated or were damaged due to their nature, non-conforming
packing method, or storage beyond their shelf-life, the warehouser is not liable
for damages.
Article 395 Provisions Governing Safekeeping Contracts
Applicable
A matter not provided for in this Chapter shall be governed by the relevant
provision applicable to safekeeping contracts
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