Terms and conditions of Warehousing Agreement where Bailee named as Warehouse Company and the Bailor as Depositor
- The liability of the warehouse company shall be limited by the within contained or annexed inventory and it shall not be responsible for any property not comprised therein.
- The warehouse company shall not be responsible for destruction or loss of or damage to any article contained in any furniture box or other receptacle unless the same has been packed by its employees.
- The liability of the warehouse company in respect of any one article or package shall not exceed Rs. ______ except in the case of articles whose value shall have been previously declared by the depositor and for which a further sum shall have been agreed to be paid by the depositor to the warehouse company by way of insurance. The amount of any such further sum and the minimum amount of the liability of the warehouse company in respect of such articles shall be as agreed in each case between the parties.
- The warehouse company shall not in any event be responsible for any plate, jewels, trinkets, pictures or other articles of artistic or other special value unless the same are contained in a sealed package and particulars of the same and of their monetary value shall have been given to the warehouse company before the same are deposited.
- Property deposited with the warehouse company may be insured through the warehouse company at the request and cost and in the name of the owner against destruction or damage by fire and other risks but the warehouse company undertakes no liability for any destruction damage or loss however caused unless due to the negligence or wilful default of the warehouse company or its employee or agent.
- No explosive or dangerous articles may be deposited without the previous knowledge and consent of the warehouse company and any such articles may upon being discovered be destroyed or sold or otherwise disposed of as the warehouse company shall think fit and the balance of any monies realised by any such sale after paying the costs thereof and incidental thereto shall be credited to the depositor’s account.
- The warehouse company may refuse to deliver to person the articles deposited or any of them unless all warehousing charges hereunder accrued due [and all other sums if any owed by the depositor to the warehouse company] shall have been previously paid and a delivery order in writing (specifying or identifying the goods to be delivered up and the person to whom they are to be delivered up) signed by the depositor shall have been given to the warehouse company.
- All claims in respect of loss or damage shall be notified to the warehouse company in writing within ______ days after the delivery of the goods to the depositor or his authorised agent or after such loss or damage shall have come to the knowledge of the depositor whichever shall be the sooner and any claims not so notified within such time shall be deemed to be waived.
- Warehousing charges do not include the cost of packing any articles or the carriage thereof to or from the warehouse.
- All warehousing charges are payable monthly [or as the case may be] and all additional charges if any are payable with the next instalment of warehousing charges to become due after the same are incurred.
- Without prejudice to the ordinary rights of action of the warehouse company against the depositor for breach of condition or any other condition hereof, if any warehousing or other charge shall not have been paid within [one] year after becoming due the warehouse company may upon giving to the depositor [one month’s] notice in writing of its intention so to do unless all such charges shall in the meantime have been paid, sell by auction any or all of the articles of the depositor in its charge and for that purpose may open or break open(without being liable for any damage unavoidably caused thereby) any box or other package and the balance of the proceeds of any such sale after deducting the costs thereof and incidental thereto shall be applied first in satisfaction of all such charges and the residue shall be handed over to the depositor.
- The depositor shall keep the warehouse company informed from time to time of his address and of any change thereof. Any notice or communication required to be given or sent by the warehouse company to the depositor hereunder or in connection herewith shall be deemed properly given or sent if delivered or sent by post addressed to the depositor at the last address of which he shall have given notice to the warehouse company.
MEMORANDUM that the articles comprised in the within contained or annexed inventory the property of [depositor] of address, etc. (herein called the depositor) are this day deposited with warehouse company at its warehouse at ________________ [address] upon and subject to the above conditions and that the depositor agrees to pay to the [warehouse company] a charge of Rs _______ per [month] (payable as provided in the said conditions) for the warehousing of the said articles.)
Dated the ________ day of ______ 20_____
Signature on behalf of warehouse company and signature of depositor