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s 6

Necessity of notice by warehouseman

In force

6 Necessity of notice by warehouseman

(1)

The warehouseman must, within 3 months after the date of the deposit of goods with the warehouseman, give notice of the lien on the goods to a person if:

(a)

the goods are of, or greater than, medium value as defined in section 4 of the Uncollected Goods Act 2004; and

(b)

one of the following applies:

(i)

the person has an interest in the goods in relation to which a registration was made under the PPS Act before the deposit of the goods and the registration is in effect;

(ii)

the person has an interest in the goods that the warehouseman is aware of at any time before the expiration of 2 months after the deposit of the goods.

(2)

Notice of a lien on goods:

(a)

shall be in writing; and

(b)

shall contain:

(i)

a brief description of the goods;

(ii)

a statement showing the situation of the warehouse where the goods are stored, the date of their deposit with the warehouseman and the name of the person by whom they were deposited; and

(iii)

a statement that a lien is claimed by the warehouseman in respect of the goods.

(3)

Where the warehouseman fails to give the notice required by this section, his lien, as against the person to whom he fails to give notice, shall be void as from the expiration of the period of 3 months from the date of the deposit of the goods.

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