STORAGE AGREEMENT MANUFACTURER’S PRODUCTS Agreement made __________ (date), between __________, a corporation organized and existing under the laws of ________________ (state), with its principal office at _________________________________ (address), ___________________ (city), _____________ County, _____________ (state), here referred to as depositor and __________, a corporation organized and existing under the laws of ____________ (state), with its principal office at ________________________________________ (address), _____________ (city), ____________ County, __________ (state), here referred to as warehouseman.
The parties recite and declare that:
1. Depositor desires to ship _________ (describe products) in cars or other vehicles to _______________ (city or other locality), for the account of depositor, and will require certain services, described below, to be performed with respect to these products.
2. Depositor desires to make arrangements with warehouseman to perform, and warehouseman desires to perform for depositor, such of the following described services as may be required by depositor during the time this agreement is in effect.
For the reasons set forth above and in consideration of the mutual covenants and promises provided in this agreement, the parties agree as follows:
SECTION ONE WAREHOUSING SERVICES AND RATES
Depositor hereby engages warehouseman to perform, and warehouseman shall perform, during the term of this agreement and at the following rates, all of the following services required by depositor in the course of its business with respect to depositors products shipped in cars or other vehicles to ____________ (city or other locality), for the account of depositor:
(a) Drayage. Rate: $__________ per __________ (carload). Drayage, for purposes of this agreement, includes unloading from cars at _____________________ (city or other locality) and hauling from the car door or from warehouseman's warehouse on depositors order.
(b) Handling. Rate: $__________ per _________ (carload). Handling, for purposes of this agreement, includes keeping records of the contents of each car; unloading and moving depositors goods from the car to warehouseman's warehouse; and delivering the goods at the warehouse door on depositors order.
(c) Storage. Rate: $__________ per _________ (carload). Storage, for purposes of this agreement, includes storage and usual handling in warehouseman's warehouse. (d) Making collections. Rate: $__________ per $__________ of collections. Depositor will notify warehouseman of collections to be made on C.O.D. orders, and all money collected will be forwarded to depositor on the following business day.
(e) Making shipments. Rate: $__________ per __________ (carload). Making shipments, for purpose of this agreement, includes filling orders for out-of-town shipments; marking the destination on containers in the manner and form specified by depositor; and procuring bills of lading or shipping receipts from the carrier and forwarding them to the address specified by depositor.
(f) Prepaying transportation charges. Whenever necessary, warehouseman shall pay lawful transportation charges on behalf of depositor. Depositor shall promptly reimburse warehouseman for such charges. (g) Warehouse receipts. Warehouseman shall issue _______________ (nonnegotiable) warehouse receipts as requested by depositor for the goods stored under this agreement.
SECTION TWO TERM OF AGREEMENT
If warehouseman defaults in the performance of any of the provisions of this agreement, depositor may terminate the agreement by written notice to warehouseman. Unless so terminated this agreement will continue in effect for a period of __________ days from date and thereafter until terminated by either party on at least ___________ days written notice. SECTION THREE LABOR AND EQUIPMENT
Warehouseman shall furnish all labor and equipment necessary to perform the services specified above at the rates specified.
SECTION FOUR
CONDITION OF SHIPMENTS
Shipments will be reconciled by warehouseman with bills of lading, and any damage or shortage will be noted on the original freight bill or carriers receipt and the original freight bill or receipt forwarded promptly to depositor. No goods will be delivered in torn, broken, or damaged sacks or other containers, or with respect to which there is any evidence of infestation or contamination. SECTION FIVE UNLOADING, LOADING, AND HAULING Unloading, loading, and hauling will be done so as to protect the goods from rain, snow, and other injurious weather conditions, from theft, and from contact or proximity to anything that might be damaging or injurious. Warehouseman shall leave no car unguarded or unlocked until it is fully unloaded. As to any car that is not unloaded within the required time, warehouseman will promptly notify depositor, specifying the consignee or consignees and the goods not unloaded.
SECTION SIX MANNER OF STORAGE Warehouseman shall store all goods so that they will be protected at all times against theft and against injury or damage from moisture, insects, rodents, improper or unusual location, or injurious contact. All goods stored will be piled so as to permit inspection by depositor at anytime, and delivery will always be made from the oldest goods on hand.
SECTION SEVEN DAILY AND STOCK REPORTS
Daily reports will be forwarded to depositor of all deliveries during the preceding business day. Warehouseman will furnish depositor stock reports in writing on the __________ (last) day of each __________ (month), showing deliveries and balance of stock on hand. SECTION EIGHT COLLECTIONS
No collections shall be made except as depositor authorizes in writing, and no C.O.D. deliveries shall be made without obtaining payment as directed by depositor.
SECTION NINE
TITLE TO GOODS; DELIVERY
Title to all goods remains with depositor. All goods stored shall be delivered to depositor or to its order on demand and on surrender of any outstanding warehouse receipt or receipts. No deliveries will be made by warehouseman without a written order signed by an employee in the credit department of depositor. SECTION TEN PAYMENT OF CHARGES AND COLLECTIONS
All amounts due warehouseman will be paid by depositor on __________ (monthly) invoices. All money collected by warehouseman will be forwarded to depositor, and no money shall be retained by warehouseman.
SECTION ELEVEN ADDRESSES OF PARTIES
Except on __________ days notice to the contrary, all funds, notices, and documents required by this agreement to be sent or delivered will be sent or delivered to depositor and to warehouseman at their respective addresses above stated.
SECTION TWELVE WAREHOUSEMAN’S BOND
Warehouseman has furnished depositor an application for a bond in the amount of __________ Dollars ($__________) to secure the performance of this agreement, the premium for which bond shall be paid by depositor.
SECTION THIRTEEN INSURANCE
Insurance will be carried by depositor on its property.
SECTION FOURTEEN STATUS OF WAREHOUSEMAN
Warehouseman is an independent contractor and not an agent or employee of depositor.
In witness whereof, the parties have executed this agreement at __________ (designate place of execution) the day and year first above written.
_____________________________________________ Signature
_____________________________________________ Signature