THIS STORAGE AGREEMENT (the "Agreement") is entered into on this, ______________ _____, ________.
BY AND BETWEEN:
For and in consideration of the covenants and obligations contained herein the name parties do hereby agree as follows:
HANDLING OF GOODS
- STORAGE AND HANDLING RATES
The Depositor engages the Warehouseman to perform, and the Warehouseman agrees to perform, the storage and handling of the following merchandise ("Goods"), at the following rates, as required by the Depositor in the course of its business during the term of this agreement:
||Type of Container:
||Storage Rate Per Month:
||Handling In & Out Rate:
- STORAGE OF GOODS
- Storage charges take effect on the date that the Warehouseman accepts the supervision and safekeeping of Goods, regardless of the unloading date or the date of issue of any warehouse receipt.
- As mutually agreed on by the Warehouseman and the Depositor, a storage month shall extend from a date in one calendar month to, but not including, the same date of the next and all succeeding months. All storage charges are due and payable on the .
- The handling rates set forth in Section One cover the ordinary labor involved in receiving Goods at the warehouse door, placing Goods in storage, and returning Goods to the warehouse door. Handling charges are due and payable on receipt of Goods.
- Unless otherwise agreed, the following services will be subject to additional charges:
- Labor for unloading and loading Goods.
- Receipt and handling of damaged Goods.
- Unloading from or loading into cars or other vehicles that are not at the warehouse door.
- Labor and materials used in loading rail cars or other vehicles.
- Handling of Goods ordered out in quantities less than in which recieved.
- The Warehouseman is not liable for delays in unloading inbound cars, or delays in obtaining and loading cars for outbound shipment(s) unless the Warehouseman has failed to exercise reasonable care.
Special services, including but not limited to the following, will be provided by Warehouseman to Depositor subject to additional charge:
- Warehouse labor required for services other than ordinary handling and storage.
- Receipt or delivery of Goods, by prior arrangement, out of ordinary business hours.
- Provision of bracing, packing materials or other special supplies.
- Communication services, including postage, fax, e-mail, or telephone, if the services concern more than normal inventory reporting or if, at the request of the Depositor, communications are made by a means other than regular mail.
- Compiling of special stock statements.
- Reporting marked weights, serial numbers, or other data from packages.
- Checking the physical condition of Goods.
- Handling transit billing.
Storage of merchandise in bond is subject to a charge in addition to regular rates. TENDER FOR STORAGE
All Goods for storage will be delivered at the Warehousemans warehouse at , , , properly marked and packaged for handling. The Depositor shall furnish at or prior to such delivery a manifest showing the marks, brands, or sizes to be kept and accounted for separately, and the storage class and other services desired, if any. SHIPPING OF GOODS
The Depositor agrees not to ship Goods to the Warehouseman as the named consignee. In the event that Goods are shipped to the Warehouseman as named consignee The Depositor will be held in violation of this agreement, the Depositor will notify the carrier in writing prior to the shipment, that the Warehouseman is a Warehouseman and has no beneficial title or interest in the Goods, and a copy of the notice will be sent to the Warehouseman. Further, the Depositor will indemnify the Warehouseman against any and all claims for unpaid transportation charges, including under charges, delays, detention charges, or charges of any other nature, in connection with Goods shipped in this way. In the event that the Depositor fails to notify the carrier in compliance with this provision, the Warehouseman will have the right to refuse the Goods and will not be liable or responsible for any loss, injury, or damage to Goods.REFUSAL OF GOODS
The Warehouseman may refuse to accept Goods tendered for storage or other services that do not conform to the description contained in this agreement. If the Warehouseman accepts such Goods, the Depositor agrees to other rates and charges as may be assessed and invoiced by the Warehouseman as well as to all the terms of this agreement. MOVING OF GOODS
The Warehouseman reserves the right to move, at their own expense, days after notice has been sent by registered mail to the Depositor or to the last known holder of a negotiable warehouse receipt covering such Goods, any Goods in storage from the warehouse in which they may be stored to any other of the Warehousemans warehouses. If, however, the Depositor or holder takes delivery of the Goods in lieu of a transfer, no storage charge will be made for the current storage month.
The Warehouseman may, without notice, move Goods within the warehouse in which they are stored. TERMINATION OF STORAGE
TRANSFER BY DEPOSITOR
- The Warehouseman may require the removal of any Goods by the end of the next succeeding storage month, after giving written notice to the Depositor and to any other person known by the Warehouseman to claim an interest in the Goods. Notice shall be given to the last known place of business or residence of the person(s) to be notified. If Goods are not removed before the end of the next succeeding storage month, the Warehouseman may sell them in accordance with applicable law.
- In the event that the Warehouseman, in good faith, believes that Goods are about to deteriorate or decline in value to less than the amount of the Warehousemans lien before the end of the next succeeding storage month, the Warehouseman may specify in the notification any reasonable shorter time for the removal of Goods. If Goods are not so removed, the Warehouseman may sell the Goods at a public sale held days after the advertisement or posting as required by law.
- If the Goods are a hazard to other property, to the warehouse in which Goods are stored, or to any person, as a result of a pre-existing quality or condition of Goods of which the Warehouseman had no notice at the time of deposit, the Warehouseman may sell Goods at public or private sale without advertisement after reasonable notification to all persons known to claim an interest in the Goods. If the Warehouseman, after a reasonable effort, is unable to sell the Goods, the Warehouseman may dispose of the Goods in any lawful manner and will incur no liability as a result of such disposal.
Instructions by the Depositor to the Warehouseman to transfer Goods on the books of the Warehouseman are not effective until they are delivered to and accepted by the Warehouseman, and all charges up to the time transfer is made are chargeable to the Depositor. If a transfer involves re-handling Goods, such a re-handling will be subject to a charge. DELIVERY OF GOODS
LIABILITY OF WAREHOUSEMAN
- The warehouseman will only deliver or transfer Goods upon receipt of instructions properly signed by the Depositor. When no negotiable warehouse receipt is outstanding, Goods may also be delivered on instructions over the telephone in accordance with a prior written authorization, but the Warehouseman is not responsible for loss or error caused by such delivery.
- When Goods are ordered out, a reasonable time will be given by the Warehouseman to carry out the instructions. In the event that the Warehouseman is unable to do so because of acts of God, war, public enemies, seizure under legal process, strikes, lockouts, riots, or any other reason beyond the Warehousemans control, because of the loss or destruction of Goods for which the Warehouseman is not liable, or because of any other excuse provided by law, the Warehouseman will not be liable for failure to carry out such instructions, and Goods remaining in storage will continue to be subject to regular storage charges.
- In the event that a negotiable warehouse receipt has been issued, no Goods covered by that receipt will be delivered, or transferred on the books of the Warehouseman, unless the receipt, properly endorsed, is surrendered for cancellation or for endorsement of partial delivery. If a negotiable receipt is lost or destroyed, the delivery of Goods may be made only by court order of competent jurisdiction and the posting of security approved by the court.
NOTICE OF CLAIM; FILING OF SUIT
- The Warehouseman is not liable for any loss or injury to the Goods no matter what the cause unless the loss or injury results from a failure by the Warehouseman to exercise due care in regard to Goods as a reasonable careful person would exercise under similar circumstances and the Warehouseman is not liable for damages that could not have been avoided by the exercise of such care.
- Goods are not insured by the Warehouseman against loss or injury however it is caused.
- The Depositor declares that damages are limited to $.
CANCELLATION OF AGREEMENT
- Claims by the Depositor and all other persons must be presented in writing to the Warehouseman within a reasonable time, and in no event later than either 10 days after delivery of Goods by the Warehouseman or 10 days after the Depositor or the last known holder of a negotiable warehouse receipt issued for Goods is notified by the Warehouseman that loss or injury to all or any part of the Goods has occurred, whichever time is shorter.
- No action may be maintained by the Depositor or others against the Warehouseman for loss or injury to Goods unless a timely written claim has been given as provided in paragraph 1 of this section and unless such action is started either within 3 months after the date of delivery by the Warehouseman or within 3 months after the Depositor or the last known holder of a negotiable warehouse receipt is notified that loss or injury to all or any part of Goods has occurred, whichever time is shorter.
- When Goods have not been delivered, notice may be given of a known loss or injury to Goods by mailing a letter by registered mail to the Depositor or to the last known holder of a negotiable warehouse receipt issued for Goods.
This agreement may be cancelled by either the Warehouseman or the Depositor with days written notice.
EFFECT OF AGREEMENT
The rights and liabilities set forth in this agreement shall inure to the benefit of, and be binding on, the Warehouseman and the Depositor and their respective heirs, executors, administrators, successors, and assigns.GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of . HEADINGS AND INTERPRETATION
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. In interpreting the language of this Agreement, the Landlord and Tenant will be treated as having drafted this Agreement after meaningful negotiations. The language in this Agreement will be construed as to its fair meaning and not strictly for or against either Party.
The parties hereby indicate by their signatures below that they have read and agree with the terms and conditions of this Agreement in its entirety.
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