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Exemption of Liability for Breach of Warehousing Contract

by:CNS     2021-07-18
Exemption of liability for breach of warehousing contract 2021-06-20 19:08:03 Exemption of civil liability refers to the failure to perform the contract or the obligation stipulated by the law, which causes damage to the property of others, due to reasons that are not attributable to the breaching party, the law provides for breach of contract Circumstances where the party may not bear civil liability. There are mainly the following situations: 1. Force majeure Force majeure refers to the objective circumstances that the party cannot foresee, avoid and cannot overcome, including natural disasters such as volcanic eruptions, earthquakes, typhoons, hail and floods, and social phenomena such as wars and strikes. If the warehousing contract cannot be performed or cannot be fully performed due to force majeure, the breaching party shall not bear civil liability. The scope of exemption for force majeure is limited to the direct impact of force majeure, and the party concerned fails to take effective measures to prevent and rescue the expanded part of the loss caused by the emergency cannot be exempted. There is no exemption for force majeure encountered in the extension of the performance of the contract. The contract concluded by Guangzhou Logistics Company after the occurrence of a force majeure event shall not invoke force majeure exemption. 2. The natural characteristics of the warehousing goods According to the 'Contract Law' and related regulations, the parties shall not be liable if the goods are lost due to the natural nature of the stored goods and reasonable wear and tear. As stipulated in the 'National Grain and Oil Warehouse Management Measures' issued by the former Ministry of Internal Trade, the natural depletion rate (that is, the percentage of depletion in human warehouses) of general grain storage within half a year of the storage time, does not exceed 0.10%. The loss within the specified range is reasonable loss, and the custodian does not bear any responsibility for this. 3. The stocker’s negligence caused damage to the warehousing goods due to the stocker’s reasons, such as packaging that does not conform to the agreement, failure to provide accurate acceptance information, concealment and entrainment, and the wrong instructions and explanations of the stocker. The custodian shall not be liable for compensation. 4. The exemption stipulated in the contract is based on the interests of the parties. The two parties agree on the exemption in the contract and shall not be liable for each other's compensation for the losses caused by the responsible items. If it is agreed that the cargo owner does not accept the weight at the time of the warehouse, the custodian shall not be liable for compensation for the lack of weight; if it is agreed that the quality of the contents of the goods shall not be inspected, the custodian shall not be liable for the deterioration or damage of the contents that are not improperly stored.
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