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Storage Order And Agreement - Standard
STORAGE ORDER AND AGREEMENT - STANDARD
[Name of warehouse company], of [Address of warehouse company], [City of warehouse company], [State of warehouse company], [Name of warehouseman], referred to in this agreement as warehouseman, is hereby instructed by [Name of bailor], of [Address of bailor], [City of bailor], [State of bailor] [Name of depositor], referred to in this agreement as depositor, to receive and place in storage at warehousemans warehouse at [Address of warehouse] the following goods, for which warehouseman shall issue a warehouse receipt or receipts in due course: [Description of Goods]. Such goods shall be received and stored subject to the terms and conditions below, which are recited in full in the warehouse receipt or receipts to be issued, and at storage rates based on the space occupied and on the value of the goods as declared in this order and agreement by depositor.
RATE OPTIONS:
(a) Minimum rate option. Depositor, in consideration of the basic or lowest rates of storage to be charged by warehouseman, declares that the value of any article, piece, or package, including the contents thereof, packed, handled, carted, or stored in this lot, or later received for the account of depositor, does not exceed [Minimum rate option: Cents per pound per package] cents per pound per package, and that the amount of the liability of warehouseman for any cause that would make it liable in case of loss or damage while such goods are in its possession shall not exceed the value so declared.
(b) Excess value option. Depositor, in consideration of the storage charge by warehouseman of its basic or lowest rates plus [Excess value option] per $[Dollars per month for excess valuation] Dollars per month for excess valuation above that named in paragraph (a), declares that the values of the following named articles, pieces, or packages, including the contents thereof, packed, handled, carted, or stored in this lot, or later received for the account of depositor, do not exceed the values stated below and that the amount of the liability of warehouseman for any cause that would make it liable in case of loss or damage while such goods are in its possession shall not exceed such values.
Goods to be stored at regular rates plus the additional sum of [Additional charge for storage] cents per $[Valuation per month] Dollars of valuation per month, in consideration of value declared as below:
Excess
Article Valuation Article Valuation
Depositor hereby elects to store its goods at rates described above in paragraph (insert a or b).
CHARGES:
Moving: $ [Moving]
Transit insurance: $ [Transit insurance]
Crating: $ [Crating]
Warehouse labor: $ [Warehouse labor]
Wrapping: $ [Wrapping]
Packing: $ [Packing]
Storage at basic or lowest [Storage at basic or lowest]
rates per month: $ [rates per month]
Per barrel: $ [Per barrel]
Total excess value @ cents,
per $, per month: $ [Total excess value]
Per box: $ [Per box]
Depository insurance, per month: $ [Depository insurance]
Per carton: $ [Per carton]
Handling charge in: $ [Handling charge in]
Per mattress carton: $ [Per mattress carton]
Handling charge out: $ [Handling charge out]
Per wardrobe: $ [Per wardrobe]
and other services: $ [and other services]
[Signature of depositor]
Accepted for [name of warehouse company]
By
Signature
INSURANCE ORDER:
Goods are not insured by warehouseman for the benefit of depositor against fire or other casualty. If specifically requested in this order and agreement by depositor, warehouseman will order depository insurance for the benefit of depositor.
(a) Notwithstanding the above agreed limited valuation as to the amount of warehousemans liability, depositor declares, for insurance purposes, the sound cash value on the goods to be $[Cash Value of goods] Dollars and orders insurance as described on the attached specimen insurance certificate for the amount of $ [Amount of insurance] Dollars at the monthly rate of $ [monthly rate] Dollars per $ [per monthly rate] Dollars to be added to depositors regular storage bill.
[Signature of depositor, if appropriate]
(b) Depository insurance is not requested.
[Signature of depositor, if appropriate]
TERMS AND CONDITIONS
ON WHICH GOODS ARE ACCEPTED FOR STORAGE
1. Ownership of goods. All goods scheduled in this order and agreement are received and accepted by warehouseman on the express representation by depositor or its agent that depositor is lawfully possessed of and lawfully authorized to store the goods. If depositor is made a party to any litigation in connection with the goods stored, depositor shall pay all necessary costs and expenses, together with reasonable attorneys fees, that depositor may be liable or compelled to pay in connection with such litigation. Warehouseman is hereby expressly given an additional lien on the goods stored by depositor for all such costs, expenses, and attorney fees.
2. Delivery and withdrawal of goods. Any part or all of the goods stored under this agreement shall be delivered to depositor only on receipt of written order, or return of the warehouse receipt or receipts issued therefor, at the option of warehouseman, with delivery instructions, signed by depositor. Depositor must pay all storage and other charges before the delivery or transfer of any of these goods. No transfer of the ownership of the goods will be recognized unless entered on the books of warehouseman, and the warehouse receipt or receipts shall be nonnegotiable.
3. Payment of charges. Accounts are due and payable monthly in advance. months minimum storage from the date of deposit will be charged. Any fraction of a month will be considered one full months storage. Interest at the rate of [percent charged on overdue accounts] % percent per annum will be charged on all overdue accounts.
4. Access; labor and platform charges. At least hours notice is required for access to or delivery of goods. Warehouseman will assess a warehouse handling charge for placing goods in storage space and removing them from storage space. All labor utilized for access to goods, unpiling, unpacking, replacing, and repiling shall be charged at the current rate for such service. A charge will be made for the use of the facilities of warehouseman by vehicles other than its own.
5. Transfer of goods. Warehouseman, at its own expense, may transfer the goods from the address shown in this order and agreement and store the goods in any other depository or building of warehouseman, whether owned or leased by it, provided notice of such transfer is given to depositor at least days before such transfer. Warehouseman may, without notice to depositor, move the goods or any part thereof from one location to another location within a building.
6. Liability of warehouseman. Warehouseman shall be liable for any loss or injury to the goods caused by its failure to exercise such care as a reasonable, careful owner of similar goods would exercise. Warehouseman is not responsible for any loss or damage to goods caused by [specify excluded risks, generally, such as: fire, insects, rodents, rust, normal wear and tear, leakage, moisture, changes in temperature, strikes, acts of God, or deterioration by time]; for any loss or damage to fragile articles unless packed by warehousemans employees and unpacked by them at the time of delivery; for any loss or damage to the contents of any container unless its contents are made known to warehouseman and specifically itemized in a rider attached to this order and agreement; or for any loss or damage from causes beyond warehousemans control. Warehouseman shall not be responsible for the mechanical functions of instruments or appliances whether such articles are packed or unpacked by warehouseman.
7. Errors in warehouse receipts. Failure to return any warehouse receipt for correction within days after receipt thereof by depositor shall be evidence that such receipt is correct, and delivery will be made only in accordance with such receipt.
8. Claims for nondelivery or damage. All claims for nondelivery of any article or articles or for damage, breakage, or the like, must be made in writing within days from delivery of such article or articles, or such claims will be waived.
9. Fires. Warehouseman does not represent or warrant that its buildings or the contents of such buildings cannot be destroyed by fire. Warehouseman shall not be required to maintain a watchman or a sprinkler system, and its failure to do so shall not constitute negligence.
10. Insurance. Goods are not insured by warehouseman for the benefit of depositor against fire or other casualty.
11. Change of address. Any change of address of depositor, to be valid or binding against warehouseman, must be given by depositor or its agent to warehouseman in writing and must be acknowledged in writing by warehouseman.
12. Warehousemans lien. Warehouseman shall have a general lien on any and all property deposited with it at any time. All goods deposited on which storage or other charges are not paid when due will be sold [state manner of sale, such as: at public auction] to pay such accrued charges, together with expenses of the sale, after such notice to depositor or other interested persons, and such publication, or the manner, time, and place of the sale and the amount of accrued charges, as may be required by law.
13. Termination of storage. Warehouseman reserves the right to terminate the storage of the goods at any time by giving to depositor (30) days written notice of its intention to do so, and, unless depositor removes such goods within that period, warehouseman is hereby empowered to have the goods removed at depositors expense.
14. Additions to storage lot. All of the above terms and conditions shall apply to any goods subsequently stored for this account.
15. Contract representations. This contract represents the entire agreement of depositor and warehouseman. Warehouseman shall not be bound by any promise or representation made at any time, unless made in writing and signed by an owner, partner, or officer of warehouseman.