Warehousing contract is a special custody contract, which has both the basic characteristics of custody contract and its own particularity.
A warehousing contract is different from a custody contract. Warehousing contracts have their legal characteristics, so you should pay attention to the content and start time of your rights and obligations when signing and performing them, which determines the content and start time of taking responsibility. For example, when the contract takes effect, the former takes effect when it is established and the latter takes effect when it is delivered; The former is paid, and the latter is paid or unpaid by the parties themselves.
Characteristics of the contract:
(l) The ownership of the consigned goods is not transferred, but the possession of the goods is temporarily transferred, and the ownership or other rights of the goods still belong to the depositor.
(2) The object of custody must be movable property, and immovable property cannot be the object of custody contract. This is also a remarkable feature that distinguishes warehousing contracts from custody contracts.
(3) The custodian of a warehousing contract must be qualified to engage in warehousing business according to law.
(4) The warehousing contract is a commitment contract. The warehousing contract shall take effect as of the date of establishment. This is another remarkable feature that distinguishes the warehousing contract from the custody contract.
rights and duties
I. Obligations of Custodian and Rights of Shareholders
1. Make sure the goods are in good condition.
2. The safekeeping party has the obligation to repair the equipment provided by the warehouse for storing goods, so as to ensure that the goods are not damaged.
3. When the safekeeping party is responsible for the handling, storage and technical inspection of the goods, the safekeeping party shall designate relevant personnel in time.
4. The depository shall not transfer its custody obligations.
5. The safekeeping party shall not use the goods in custody, and shall not enjoy the ownership and use right of the goods.
6. The safekeeping party shall do a good job in warehousing acceptance, complete all warehousing voucher procedures, and cooperate with the safekeeping party in warehousing and handover of goods.
7. For dangerous goods and perishable goods, the safekeeping party shall be liable for compensation if they are not operated according to regulations and are not properly kept.
8. Once the depositor's storage requirements are accepted, the depository shall make timely acceptance.
Second, the obligations of depositors and the rights of custodians.
1. The quantity, quality, specifications and packaging of the goods in the warehouse yard shall be consistent with the contents stipulated in the contract, and the depositor shall cooperate with the safekeeping party in the handover of the goods in the warehouse yard.
2. Pick up the consigned goods at the time stipulated in the contract.
3. Pay the storage fee according to the conditions stipulated in the contract.
4. The depositor shall provide the safekeeping party with the information needed for acceptance of the goods.
5. For dangerous goods, the nature, precautions, preventive measures and methods of such goods must be provided.
6. If the warehouse cannot be put into storage due to the depositor's reasons, the depositor shall compensate the safekeeping party according to the contract.
7. If the goods cannot be delivered on time due to the reasons of the depositor, the depositor shall compensate for the overdue losses.
The Contract Law Channel will continue to send you information about warehousing contracts:
Warehousing contract
Warehouse contract (see example)
Model standard warehousing contract
Model warehousing contract
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