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The content of the warehousing contract

by:CNS     2021-07-18
The content of the storage contract 2021-06-20 15:03:47 The content of the storage contract is an important basis for testing the legality and validity of the contract. Generally speaking, a warehousing contract includes the following content: (1) The information of the stockholder and the custodian The stockholder and the custodian are the parties to the contract and are the subjects of the performance of the contract. The complete registered name and registered address of the company must be adopted, or the sponsor address. When necessary, a notifier can be added to the contract, but the notifier is not a party to the contract and only performs the obligation to notify the parties. (2) The detailed information of the storage items The storage contract shall clearly indicate the name (or category), quantity, quality, packaging and other detailed information of the storage items. The quantity of stored goods should use standard measurement units, which should be accurate to the smallest unit of measurement, and avoid ambiguity. The quality of warehousing goods shall use the quality standards stipulated by the state or relevant departments, approved enterprise standards, industry standards or the quality standards agreed upon by both parties. The packaging of warehousing goods shall generally be the responsibility of the stockholder, and shall be determined in accordance with national and professional standards or the two parties based on the principle of ease of storage. (3) Acceptance of storage items The items that require the custodian to accept the storage items include the types, specifications, quantities, and packaging conditions of the storage items, as well as visually and identifiable quality conditions without unpacking or unpacking. The term of acceptance of goods refers to the day when the goods and acceptance materials are all delivered to the custodian to the day when the acceptance report is sent. According to custom, the acceptance period of domestic goods shall not exceed 10 days, and the acceptance period of foreign goods shall not exceed 30 days, unless otherwise stipulated by law or agreed by the parties. The actual loss caused by exceeding the acceptance period shall be borne by the custodian. (4) Storage conditions and requirements The parties to the contract should clearly stipulate the storage conditions in the contract according to the nature and requirements of the goods. For special goods and dangerous goods such as flammable, explosive, leaky, poisonous, etc., when the custodian keeps them, they should have special warehouses and equipment, and a person with professional technical knowledge should be responsible for the management. The depositor shall clearly inform the custodian of the relevant storage conditions and storage requirements of the goods. (5) Goods in and out of the warehouse procedures. The warehousing contract must specify the procedures for entering the warehouse, the method of tally, the time and location of the warehouse, and the method of transportation, loading and unloading, etc., and the formalities that should be handled when picking up the goods, and the content of inspection and acceptance. , Standards, methods, locations, transportation methods, etc. The delivery time is stipulated in the contract by the parties to the warehousing contract. If the parties have not agreed on the storage period or the agreement is not clear, the stockholder can pick up the warehousing goods at any time, but the necessary time should be given. (6) Disposal of the loss of warehousing items. Disposal of the loss of warehousing items means that when the warehousing items are actually lost, they should be handled with reference to the loss standard. The depletion standard of warehousing goods is the natural reduction standard and damage rate of the goods agreed in advance by the parties to the contract. It is necessary to consider the storage conditions, storage requirements and the length of storage time. If the warehousing is inconsistent with the actual acceptance quantity when the warehouse is out of the warehouse, the Guangzhou logistics company will regard the goods as fully delivered if it is within the scope of the loss standard. If the amount of loss exceeds the agreed loss standard, an acceptance record shall be made after verification, and the custodian is responsible for handling. (7) Billing and settlement items Billing items include: storage fees, warehouse transfer fees, loading and unloading fees for in and out of warehouses, wagons, platforms, dedicated line possession, packaging and finishing, and commodity maintenance. This clause needs to clarify who bears the above expenses, and it should also clarify the calculation standards, payment methods, payment time, place, account opening bank, account number, etc. of various expenses. (8) Division of Responsibility and Handling of Breach of Contract The warehousing contract can clarify the responsibilities of both parties from the aspects of the storage of the goods, the inspection and acceptance of the goods, the storage of the goods, the packaging of the goods, and the delivery of the goods. Liability for breach of contract mainly includes payment of liquidated damages, damages, and other remedial measures. (9) The validity period of the contract The validity period of the contract, that is, the storage period of the goods. For the warehouse staff, not only the temperature and humidity changes in the warehouse, but also the storage period of the products should be paid attention to. According to the relevant regulations, when the stored goods are approaching the expiration date, the custodian shall be liable for compensation if the custodian fails to notify the custodian to deal with the loss of the goods in a timely manner. (10) Contract modification and termination of the warehousing contract If the parties to the warehousing contract need to modify or terminate the contract, they must notify the other party in advance, and both parties can modify or terminate the contract if they agree. In the event that the law or the contract can unilaterally modify or terminate the contract, the party with the right can modify or terminate the contract.
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