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Breach of warehousing contract

by:CNS     2021-07-18
Breach of the warehousing contract 2021-06-20 15:31:021. Refusal to perform Refusal to perform refers to the behavior of one of the parties to the warehousing contract that does not perform the obligation without legal or contractual basis. Unilateral breach of contract, non-fulfillment of obligations, and other sanctions of warehousing that should be delivered can all be inferred as non-fulfilment of obligations. 2. Fulfillment of the inability to perform the storage contract cannot mean that the party to the contract shall perform its obligations incapable of performing its obligations as stipulated in the contract. Performance failure may not be performed due to objective reasons, such as failure to perform due to damage or loss of the warehousing goods; it may also be due to subjective fault that cannot perform the obligations, such as the custodian returning the warehousing goods to the depositor. If the custodian’s breach of contract results in the inability to perform, the depositor may request the termination of the contract and pursue the custodian’s liability for breach of contract. If the stockholder’s breach of contract results in failure to perform, the custodian can be held liable for breach of contract. In the case of impossibility of temporary performance, the right holder can request compensation for losses, rescind the contract, and pursue the liability of the obligor for breach of contract; it can also request continued performance and be held accountable for the delay. 3. Performance delay In the storage contract, the custodian fails to return the warehousing within the time limit specified in the contract, the depositor fails to store the goods on time, and fails to pay the storage fee within the agreed time limit, etc. All acts are considered to be performance delays. If the obligor is delayed in performance and fails to perform within the time limit of the contract after a reminder, the obligee may terminate the contract and request the obligor to pay breach of contract damages and compensation for losses. 4. Inappropriate performance of Guangzhou Logistics. In the warehousing contract, failure to perform any part of the warehouse, inspection, storage, packaging, and delivery of the goods in accordance with the law or the contract is improper performance. Since improper performance is not true performance, a party who is the subject of the right of a storage contract can request corrections, require the obligor to bear the liability for breach of contract, pay liquidated damages and compensate for losses, and can also request the termination of the contract based on the actual situation.
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