Cold Storage contract with usual covenants—The Bailee being described as the Storage Company and the Bailor as Owner
AN AGREEMENT made this ______ day of _______
[storage company] having its registered office at __________ [address] (hereinafter called the storage company) of the one part
[owner of goods] of __________ [address, etc.] (hereinafter called the owner) of the other part.
WHEREBY the storage company agrees to receive and store in its cold store situate at [address] the goods described in the schedule hereto (hereinafter called the goods) subject to the conditions following and the owner agrees so long as the goods shall be stored as aforesaid to pay a storage charge of Rs. ________ per [month] payable [monthly] on the [first day of every month] a first proportion- ate payment to be made on the [first] day of ________,20____.
CONDITIONS ARE AS FOLLOWS:
- The storage charge does not include any charge for collection of the goods or for their re-delivery when taken out of store.
- The company shall store the goods as delivered unless the owner requires that they shall be stored otherwise in which event the owner shall reimburse the storage company for any extra expense incurred by any particular method of storage.
- The owner shall on or before delivery of the goods notify the storage company in writing as to any goods of such a nature as to require special care, giving an accurate description thereof and stating precisely all special precautions necessary. Failing such notification, the company shall be under no liability in any event for the deterioration, loss, damage or destruction of such goods from any cause whatever including negligence on the part of the storage company or its employees or agents.
- The storage company shall store the goods away from any article or things which might be deleterious to them provided the nature of the goods is apparent or is declared by the owner on or before delivery.
- The goods may be insured through the storage company at the request and cost and in the name of the owner against destruction or damage by fire [and other risks] but the storage company undertakes no liability for any destruction, damage, or loss however caused unless due to the negligence or wilful default of the storage company or its employee or agent.
- The storage company may refuse to deliver up to any person the articles deposited or any of them unless all charges hereunder accrued due [and all other sums if any owed by the owner to the storage company] shall have been previously paid and 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 owner shall have been given to the storage company.
- All claims in respect of loss or damage shall be notified to the storage company in writing within _____ days after the delivery of the goods to the owner or his authorised agent or after such loss or damage shall have come to the knowledge of the owner whichever shall be the sooner and any claims not so notified within such time shall be deemed to be waived.
- The storage company may at any time require the owner to remove the goods within ______ days if any payment due to the storage company is unpaid for _____ days and upon his failure so to remove the goods within _____ days of the service of notice by the storage company requiring him so to do the storage company may sell the goods and defray its charges and expenses out of the proceeds of sale. Any charges or expenses not so defrayed out of the proceeds of sale shall be paid by the owner. The manner and conduct of such sale shall be in the absolute discretion of the storage company. Any surplus on such sale after satisfaction of all costs, charges and expenses of the storage company shall be handed over to the owner or if he cannot be found held in trust for him but shall not carry interest.
- The owner shall keep the storage 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 storage company to the owner hereunder or in connection herewith shall be deemed properly given or sent if delivered or sent by post addressed to the owner at the last address of which he shall have given notice to the storage company.
- This agreement may be terminated at any time by either party giving the other party [one] month’s notice in writing and upon such termination the goods shall be removed from store by the owner [and the storage company shall refund to the owner a proportion of the storage charge corresponding to any unexpired period for which such charge shall have been paid in advance].
- [Until termination as aforesaid the owner shall give [one] day’s prior notice of his intention to remove any of the goods from store.]
AS WITNESS etc.