12 key points of a custody agreement

According to the Civil Code of the Russian Federation, a warehousing agreement is one of the types of storage agreement, according to which the custodian (commodity warehouse) undertakes, for a financial reward, to store the goods transferred to him by the bailor (owner of the goods) and return them within a specified period in complete safety.

A goods warehouse is an organization that carries out business activities for storing goods and providing related services (labeling, sorting, transportation, etc.).

A warehousing agreement is drawn up in writing and is a public contract. Goods are accepted into the warehouse with the issuance of a single and double warehouse receipt, as well as a warehouse receipt.

How to fill out a warehousing agreement?

The warehousing agreement must include the following information:

• Date and city of conclusion of the contract.
• Information about the owner (tenant) of the warehouse and the goods owner: full name, passport data, residential addresses, for organizations - data of the person representing them.
• The subject of the agreement indicating the goods that need to be placed in the warehouse, their storage periods, the size and procedure for paying remuneration for the warehousing services provided.
• Rights and obligations of the customer and provider of storage services.
• Information about changes in storage conditions and condition of goods.
• The procedure for checking the quantity and condition of goods when they are returned to the owner.
• Other important information about the essence of the contract.
• Details and signatures (seals) of the parties.

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Standard form of a custody agreement

If one of the parties to the agreement is a legal entity, then the agreement is concluded in writing.

If one of the parties to the agreement is an individual, compliance with the written form is required if the price of the property transferred for storage exceeds at least 10 times the minimum wage established by law.

A simple written form of custody agreement is considered to be complied with if the acceptance of the property is confirmed by the custodian by issuing to the bailor a receipt, certificate, receipt or other signed document. Or by issuing a numbered token (or other sign) certifying the acceptance of property for storage, if such a form of confirmation is possible and provided for by law or other legal act.

Sample form of a warehousing agreement for 2020

We offer a free form for a warehousing agreement valid in 2020:

• Form of contract for the provision of services 2020 in Word.
• Form of contract for the provision of services 2020 in PDF.

Do you want to fill out contracts for warehousing of goods and other documents without constantly manually entering details? Register on our website and start using the document workflow automation service KUB .

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Agreement for the provision of food storage services

Moscow "__" _________ 2020

Open Joint Stock Company "Moscow Cold Storage Plant No. 14", hereinafter referred to the "Custodian ", represented by General Director A.V. Shirshov, acting on the basis of the Charter, on the one hand, and __________________________________, hereinafter referred to the "Depositor", represented by ______________________________, acting on the basis of __________, on the other hand, have entered into this Agreement as follows:

Subject of the agreement

1.1. The Custodian assumes the obligation to provide services for storing the goods of the Bailor (hereinafter referred to as the goods, goods), and the Custodian undertakes to pay the Custodian a remuneration for the services provided for the storage of goods and reimburse the costs associated with the services of the Custodian for loading, unloading and other work with goods The bailor.

All commodity operations for receipt, warehousing, storage, accounting, movement and release of goods are carried out by the Custodian. Loading, unloading and other work is carried out by means and forces of the Custodian and is paid by the Bailor at the prices of the Custodian in accordance with orders signed by authorized representatives of the Parties.

1.2. Storage of goods is carried out in a low-temperature warehouse (freezer), located at the address: Moscow, st. Ryabinovaya, 47.

1.3 . In this Agreement, goods are understood as: frozen food products.

The range of goods stored in the warehouse should not exceed 10 items.

1.4. Reception and release of inventory items (hereinafter referred to as goods and materials) is carried out by calculating containers (box, block) by GROSS weight; NET weight is noted according to the Depositor's invoices.

2. Procedure for acceptance and release of goods

2.1. The Custodian accepts goods for the provision of storage services directly from the Depositor, in the presence of a specially authorized person who has duly executed documents (power of attorney, etc.), certified by the signature and seal of the Depositor.

2.1.2. Acceptance of goods for storage is carried out in the presence of an authorized representative of the Depositor according to the following documents:

- a power of attorney, duly executed;

— an invoice containing the following data: quantity, assortment, name of the consignor, name of the consignee, their postal and bank details; — a bilateral act of acceptance and transfer of goods for storage.

As a result of the discrepancy between the actual acceptance of the goods and the invoice, a free form act is drawn up with the participation of a representative of the Depositor and a note is made on the invoice.

2.1.3. Goods arriving at the warehouse must be cleared through customs in full compliance with the requirements of the Customs Code of the Russian Federation and meet veterinary and sanitary standards and requirements established by the current regulatory and technical documentation. The bailor carries out customs clearance of the cargo on his own and at his own expense.

2.1.4. The packaging of the goods must comply with accepted international standards and ensure the safety of the goods during transportation and storage. Goods in damaged containers, without labeling, with limited shelf life (less than two months) and expired shelf life are not accepted for storage.

2.1.5. Each packaging unit must be marked in Russian indicating all the requirements of the technical documentation.

2.1.6. The Custodian provides the Depositor with services for storage, acceptance, release of food products, loading and unloading operations.

2.1.7 . Goods (frozen meat products) are accepted for storage only if there is a veterinary certificate f. No. 2 or f. No. 4. The depositor carries out the entry and exit of vehicles on his own with the mandatory preparation of veterinary documents at his own expense.

2.1.8. Information about food products imported into the Russian Federation must contain the following information: name of the product, country, company, manufacturer, net weight, storage conditions, expiration date (date of production and final date of sale), name of the main ingredients included in the product, nutritional value , method of preparation, recommendations for use. Information on the product label and on consumer packaging must be in Russian.

In case of receipt of non-palletized goods, the Custodian processes the received cargo by collecting it on pallets on its own at the expense of the Depositor.

2.2. The Custodian issues goods or parts thereof accepted for storage directly to the Depositor in the presence of a specially authorized person, on the basis of duly executed documents (power of attorney, etc.), certified by the signature and seal of the Depositor.

2.2.2. The release of goods from storage is carried out in the presence of an authorized representative of the Depositor, by power of attorney executed in accordance with Art. 185.186 of the Civil Code of the Russian Federation. The power of attorney is issued for a period of validity of one day for the entire quantity of goods to be released on that day.

2.2.3. The quantity of goods shipped is documented in a consignment note indicating the name of the goods, quantity, price, name of the shipper and name of the consignee.

2.2.4. Reception of meat in half carcasses is carried out by weight and quantity, and is shipped according to the actual weight accepted, without taking into account natural loss.

2.2.5. In all other respects, the Parties are guided by the terms of the “Regulations for the operation of the responsible storage section of OJSC Moscow Cold Storage Plant No. 14” (Appendix No. 2 to this Agreement).

Duties of the parties

3.1.The custodian is obliged:

3.1.1. Receive or issue goods according to invoices, on the basis of which Certificates of acceptance or return of goods and materials are drawn up, respectively. These Acts are signed by representatives of both parties.

3.1.2. Provide loading and unloading operations when receiving and issuing goods from the Depositor.

3.1.3. Do not use yourself or provide the opportunity for third parties to use the Bailor’s goods transferred for storage without the written permission of the Bailor.

3.1.4. At the written request of the Depositor, carry out a one-time free inventory of his goods during the period of validity of this Agreement.

3.1.5. Ensure the acceptance and delivery of goods in accordance with the conditions specified in clause 2 of this Agreement, from 8.00 to 16.00, except weekends and holidays.

3.1.6. Carry out all commodity operations for the reception, warehousing, storage, accounting, movement and release of goods.

3.1.7. Ensure the preparation of a contract for the provision of services, calculation of remuneration for services rendered, and if its size changes, convey these changes to the Depositor.

3.1.8. Maintain temperature and humidity conditions when storing food products.

3.1.9. If there is no payment from the Bailor within 2 months, the Custodian has the right to dispose of the Bailor's goods on commission, sell the goods and equipment at a commission price, and also withhold the amount deposited into the Custodian's current account specified in clause 4.1. Agreements to pay off debts for services. In this case, the goods of poor quality or with an expired shelf life are destroyed by the Custodian at the expense of the Bailor.

3.1.10. The Custodian does not bear any responsibility for the representatives of the Depositor's employees, including liability for violation by the Depositor's representatives and employees of fire safety rules, labor protection, passport regulations in the city of Moscow and the Moscow region, rules for the movement of the Depositor's vehicles in the Custodian's territory, access control regulations, as well as in an emergency.

3.2. The bailor is obliged:

3.2.1. The Bailor is obliged to inform the Custodian in advance of the time of arrival or shipment of the goods, their quantity and assortment, as well as provide information about the transport and persons receiving these goods for export.

Otherwise, the Keeper has the right not to carry out commodity operations, and is also not responsible for the passage and downtime of transport.

The bailor is obliged to notify the Custodian in writing about the carrying out of loading and unloading operations after hours no later than 12.00. the day preceding the execution of the specified work.

If the Depositor refuses to carry out loading and unloading operations outside of normal hours in accordance with the submitted application, the Custodian has the right to apply penalties in the amount of up to 10,000.00 rubles.

3.2.2. If the Bailor notifies the Custodian in writing of his intention to ship all goods located in the Custodian's warehouse, he undertakes to make mutual settlements with the Custodian for the current month in advance, taking into account the paid advance. Otherwise, the Custodian has the right not to carry out commodity transactions, and is also not responsible for the passage and downtime of transport. The Depositor's obligation to carry out mutual settlements is considered fulfilled from the moment the funds are received into the Custodian's current account.

3.2.3. Sign for the Custodian copies of the Certificates of acceptance of goods and materials and return of goods and materials no later than 4 (four) calendar days from the date of their receipt.

3.2.4. Notify the Custodian in writing of the extension of the term of this Agreement or of its early termination no later than 30 (thirty) calendar days before the expiration of this Agreement or before the desired date of its early termination.

3.2.5. Remove your goods, including its individual parts, from the territory specified in clause 1.2. of this Agreement, upon expiration of this Agreement or its early termination no later than the last day of expiration of the Agreement.

In case of failure to comply with this requirement, the Custodian has the right to act in accordance with Article 899. Civil Code of the Russian Federation.

3.2.6. Pay the Custodian for goods storage services in accordance with current prices, and reimburse all costs associated with the Custodian’s services for loading, unloading and other work with the Bailor’s goods, in accordance with the conditions and within the time limits established by this Agreement.

3.2.7. Unload the goods in accordance with clause 2 of this Agreement.

3.2.8. Do not deposit goods with the Keeper without providing relevant information about their properties that may cause harm to the Keeper’s property or personnel or the environment.

If the Keeper's merchandise service or regulatory authorities identify goods that deviate from the above requirements or goods with an expired shelf life, the Keeper reserves the right to apply penalties in the amount of up to 5,000.00 rubles (five thousand rubles 00 kopecks), as well as terminate the contract unilaterally.

3.2.9 The depositor is obliged to comply with the requirements of customs authorities, veterinary, sanitary-epidemiological, tax services, the State Trade Inspectorate of the city of Moscow and other government bodies. The bailor bears full responsibility to government and regulatory authorities for his goods.

The Bailor bears full responsibility for the availability and provision to the Custodian of the necessary license permits, executed in the prescribed manner and within the proper time frame. In case of absence or failure to provide the above, the contract may be terminated unilaterally.

3.2.10. Payment of veterinary certificates and fees for the import and export of goods is made by the Bailor on the spot when preparing the appropriate documentation, or is included in an additional invoice issued by the Custodian.

3.2.11. In case of import into the territory of the cold storage facility of non-food goods, goods prohibited for import into the territory of the Russian Federation, as well as goods that do not meet veterinary requirements, the Custodian has the right to apply penalties to the Depositor in the amount of up to 5,000 rubles.

3.2.12. Carry out the entry of vehicles into the territory specified in clause 1.2. by passes, waybills. Passes are issued on the basis of accompanying documentation, with the authorization signature of the custodian. A vehicle for unloading goods enters the territory free of charge; a vehicle for loading costs 50 rubles. When approaching the territory specified in clause 1.2. The bailor notifies the Custodian of his arrival by telephone. Entry of the Depositor's vehicles into the territory specified in clause 1.2. carried out only in the presence of a representative of the Guardian.

Entry into the territory specified in clause 1.2. passenger vehicles are prohibited.

3.2.13. Comply with the requirements of the “Regulations for the operation of the responsible storage section of OJSC Moscow Cold Storage Plant No. 14” (Appendix No. 2 to this Agreement).

3.2.14. The bailor is responsible for violation by his employees on the territory specified in clause 1.2. rules of access and intra-object mode. In case of detected violations, the Depositor is subject to a fine of up to 5,000 rubles for one violation.

3.2.15. In case of violation of the speed of movement (no more than 5 km/h) of vehicles and electric forklifts in the territory specified in clause 1.2. and parking of vehicles in non-designated areas, the Keeper has the right to demand payment of a fine in the amount of 1000 rubles.

3.2.16. If it is established that smoking is occurring on the territory specified in clause 1.2. in unspecified places, the Keeper has the right to demand payment of a fine of up to 1000 rubles.

3.2.17. If the Bailor's employees cause damage to the Custodian's property, the Bailor shall reimburse all costs for their repair.

3.2.18. The import and export of products is carried out by the Depositor's vehicles, provided that special clothing and a sanitary passport are available, daily according to the schedule:

Weekdays for unloading from 8.00 to 15.30, for loading from 8.00 to 16.00, on weekends and holidays - by prior agreement.

Payment for loading and unloading work after 16.30 hours and on Saturdays is carried out using the coefficient specified in the Price Agreement Protocol (Appendix No. 1), which is an integral part of this agreement.

3.2.19 In the case of involving foreign citizens and stateless persons in labor activities, immediately provide the Custodian with permission to attract and use the specified person(s) in accordance with current legislation.

3.2.20. In the event that regulatory authorities collect penalties from the Custodian for violations committed by the Bailor in the course of carrying out his activities, the Custodian shall reimburse the Custodian for expenses incurred within 3 (three) business days from the date of receipt of the corresponding request from the Custodian and documents confirming the fact of presentation by the regulatory authorities to the Custodian demands for payment of penalties

3.2.21. Payment of penalties does not relieve the Bailor from fulfilling his obligations under this Agreement.

4. Payment procedure and settlement procedure

4.1. Within five banking days from the date of signing this Agreement, the Depositor transfers a security payment in the amount of _________ rubles to the Custodian’s current account. (________________) rubles. The security payment is a guarantee of the Tenant's compliance with contractual obligations and is not involved in the calculation of rental payments.

4.1.1. The security payment is a financial guarantee that the Bailor will fulfill his obligations under this agreement, including:

— compliance with safety rules and regulations;

— compensation for losses not related to making rental payments: penalties, any damage, etc., caused to the Custodian by the Bailor or third parties involved by the Bailor;

4.1.2. The security payment is kept on the Custodian's current account without interest during the entire term of the agreement and upon its expiration is subject to return to the Bailor, subject to the latter's compliance with its obligations under the agreement.

The return of the security payment or part thereof is carried out by the Custodian in the absence of financial obligations on the part of the Bailor under this agreement within 10 (ten) days from the date of expiration of this agreement or its early termination.

4.1.3. In the event of non-fulfillment or improper fulfillment by the Bailor of obligations under this agreement, the Custodian withholds from the security payment in an indisputable out-of-court manner the amount necessary to satisfy the requirements of the Custodian with written notification to the Bailor 5 (five) business days before the date of such withholding.

4.1.4. Withholding by the Custodian of the corresponding amounts from the security payment does not relieve the Bailor from liability for untimely execution of payments provided for in this agreement.

4.2 If the goods intended for storage under the specified agreement do not arrive within 2 (two) weeks from the date of signing this agreement, the advance payment will not be returned, the agreement is considered terminated.

Payment for services actually rendered for storage and cargo handling is made no later than the 10th (tenth) day of the month following the reporting period.

To receive the invoice, the Depositor must come to the Custodian between the 1st and 5th of the month being paid. If the Depositor does not receive an invoice from the Custodian for any reason, he is obliged to unconditionally make payment to the Custodian's current account on the basis of this agreement no later than the deadline for payment of the relevant payment.

An invoice for payment under this Agreement is considered duly issued by the Lessor and received by the Tenant if the invoice is sent to the Tenant by email or fax, or by post using the details specified in Section 11 of the Agreement, or handed over to the Tenant’s employee against signature.

If the Custodian incurs extraordinary expenses for storing goods or individual parts thereof, the Bailor guarantees reimbursement to the Custodian of such expenses in full, provided that the Custodian complies with the requirements of Article 898. Civil Code of the Russian Federation.

4.3. If during the term of the contract, goods storage services are not provided within 30 calendar days (if the Depositor’s goods do not arrive at the Custodian’s warehouse), the Custodian counts the amount of the advance payment paid against the enterprise’s income.

4.4. If the provision of goods storage services is terminated due to the expiration of this Agreement or its early termination, and the Bailor has not removed the goods, then the Custodian has the right to receive from the Bailor a proportionate part of the remuneration for the services provided for the storage of goods in full. In case of non-payment of remuneration for the services provided by the Custodian for the specified period, the Custodian has the right to dispose of the Bailor’s goods at his own discretion.

4.5. In case of delay in payments beyond the terms established by clauses 4.1 and 4.2 of this Agreement, the Bailor shall pay the Custodian a penalty in the amount of up to 0.2% of the entire delayed payment amount for each day of delay, but not less than 1000.00 (one thousand) rubles .

4.6. Payments for goods storage services, loading and unloading and other works are made by the Depositor by transferring funds to the Custodian's bank account within the time limits established by clauses 4.1 and 4.2 of this Agreement.

The Depositor is considered to have fulfilled his obligations under this Agreement from the date of receipt of funds to the Custodian's current account in full.

Settlements between the Depositor and the Custodian are carried out in Russian rubles.

4.7. As of the 1st day of each month, the Custodian and the Depositor reconcile the number of inventory items accepted for storage by the Custodian and claimed by the Depositor, and draw up the corresponding Reconciliation Act for the movement of inventory items signed by representatives of the Parties.

5. Responsibility of the Parties

5.1. In case of violation of the terms of this agreement, as well as the “Regulations for the operation of the responsible storage section of OJSC Moscow Cold Storage Plant No. 14,” the Parties bear responsibility under this agreement, and in other cases in accordance with current legislation.

5.2. The Custodian is responsible for the loss, damage and shortage of goods accepted for storage by the Bailor in accordance with paragraph 1.p.1. and clause 2.art.901. Civil Code of the Russian Federation.

5.3. The Bailor is responsible for any harm caused to the Custodian by the harmful properties of the goods and/or material assets of the Bailor accepted for storage in accordance with Article 894. and 903. Civil Code of the Russian Federation.

5.4. If the Depositor violates the conditions established in clause 2 of this Agreement, the Custodian has the right to refuse to accept the goods for storage.

In case of detection of goods deposited without appropriate information about their dangerous properties that may cause harm to the property or personnel of the Custodian, or the natural environment, the Custodian must notify the Bailor about such goods and has the right to move the said goods to a safe place. The bailor is obliged, within 24 hours from the moment of notification by the Custodian, to remove the specified goods outside the storage area, as well as to compensate for the damage incurred.

5.5. The Keeper is not responsible for natural loss (decrease in the weight of the goods associated with freezing and drying out) and for damage to the goods through no fault of the Keeper.

5.6. For failure to fulfill or improper fulfillment of obligations under this Agreement, the guilty party is liable in the manner prescribed by current federal legislation.

6. Release from liability

6.1. Either party is released from liability for partial or complete failure to fulfill obligations under this agreement if such failure occurred as a result of force majeure circumstances. Such circumstances are considered to be natural disasters, armed conflicts, publication by government authorities of regulations that make it impossible to fulfill the contract in whole or in part, as well as other events beyond the reasonable foresight and control of the Parties.

6.2. The presence of force majeure circumstances is confirmed by relevant documents issued by the competent authorities.

7. Dispute resolution

7.1. Resolution of disputes and disagreements under this agreement is carried out through negotiations between the Parties.

7.2. Disputes not resolved by the Parties through negotiations are subject to resolution through arbitration proceedings in accordance with current legislation.

8. Duration of the Agreement

8.1. This Agreement comes into force on the date of its signing and is valid for one calendar year.

8.2. Upon expiration of this Agreement, the latter is automatically extended for each subsequent calendar year, unless either Party notifies the other Party of its intention to terminate the Agreement at least 14 calendar days before its expiration.

9. Amendment, termination and extension of the Agreement

9.1. Changes and/or additions to the terms of the agreement are permitted by agreement of the parties. The procedure for changing the areas (volumes) occupied by the Depositor is carried out in accordance with clause 5.6. actual agreement.

9.2. The bailor has the right to terminate this Agreement unilaterally out of court:

9.2.1.. Upon expiration of this Agreement;

9.2.2. By agreement of the Parties;

9.2.3. In case of failure by the Custodian to comply with the terms of this Agreement;

9.2.4. In case of disagreement with changes in the cost of services.

9.3. The Custodian has the right to terminate this Agreement unilaterally out of court:

9.3.1. Upon expiration of this Agreement;

9.3.2. By agreement of the Parties;

9.3.3. In case of failure by the Depositor to comply with the terms of this Agreement.

9.3.4. In the event of a one-time failure by the Depositor to pay for services within the period established by this agreement, if the delay exceeds 5 (five) banking days;

9.3.5. In case of failure to eliminate identified violations, including instructions from regulatory authorities, within the established time frame, as well as in case of systematic violation of the requirements for the quality of products sold.

9.3.6. If the Bailor's goods are unavailable at the Custodian's warehouse for more than 30 calendar days, as well as the absence of the security (advance) payment paid by the Custodian in accordance with paragraphs. 4.1., 4.3. the contract is considered terminated.

9.3.7. If the Bailor's goods are unavailable at the Custodian's warehouse for more than 30 calendar days, as well as the absence of the security (advance) payment paid by the Custodian in accordance with paragraphs. 4.1., 4.3. the contract is considered terminated.

9.3.8. In case of failure to make the security payment specified in clause 4.1. of this Agreement, within the time limit, the Custodian has the right to terminate the Agreement unilaterally out of court after the expiration of the period provided for making a security payment, if such payment was not made by the Bailor.

9.4. In the event of early termination of this Agreement due to the fault of the Depositor if the latter fails to comply with the terms of the Agreement, the security payment made in accordance with paragraphs. 4.1. The contract is not returned.

9.5. In case of early termination of this Agreement, one of the parties is obliged to notify the other party of this at least 30 days in advance.

9.6. If the Bailor does not pick up the goods from the Custodian and continues to use the occupied premises after the expiration of this Agreement specified in clause 7.2. and determined in the manner provided for in Article 9, the Bailor pays the Custodian a double remuneration for the use of the space beyond the expiration date of the Storage Agreement, which does not relieve the Bailor from the obligation to vacate the premises.

10. Other conditions

10.1. The Custodian is not liable for the obligations of the Bailor, and the Bailor is not liable for the obligations of the Custodian.

10.2. All annexes and amendments to this Agreement are an integral part of it.

10.3. Notifications and proposals sent by the Parties to each other in connection with this Agreement come into force on the day of receipt (registration) by the notified party. Notifications and proposals may be sent by letter or telegram.

10.4. The parties determine the following telephone numbers for emergency communication:

Bailor:

Guardian 8(999) 880-56-64

10.5. The parties undertake to notify each other within ten days of changes in their legal and actual addresses, bank details, telephone and fax numbers.

10.6. This Agreement may be terminated in the event of failure or improper fulfillment by the parties of their obligations under the Agreement, as well as by mutual agreement of the parties.

10.7. This agreement is concluded in two original copies, including all attachments, both copies have equal legal force.

11. Legal addresses and bank details of the parties:

Custodian Bailor

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