Warranty that goods, packaging and marking comply with the law
CIFFA Section 12.(A)
The Customer undertakes not to tender for transportation any goods that are of a dangerous, inflammable, radioactive, hazardous or damaging nature without giving full particulars of the goods to the Company. The Customer undertakes to mark the goods and the outside of any packages or container in which they may be placed to comply with any laws or regulations that may be applicable during the carriage. In the case of goods where the place of receipt is a point within Canada, the Customer further warrants that the goods, the packaging and marking thereof comply in all respects with the provisions of any legislation or regulations governing the transportation of dangerous goods.
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Peter Jones' Commentary:
A customer tendering goods to a forwarder warrants that the packing and marking of the goods comply with the legislative requirements of Canadian law. If a forwarder specializes in the handling of dangerous goods, a customer might reasonably expect that the warranty would not apply. So care must be taken to ensure the customer understands that regardless of services provided, the ultimate liability is on the customer. Forwarders in this trade should always have their customer sign any dangerous goods declarations that may be required.
Under German law (the HGB) a freight forwarder’s principal is strictly liable (unless he is a "consumer") for any failure adequately to pack or mark the cargo, provide the relevant documentation or indicate that the cargo is dangerous.