Refusal to issue goods from responsible storage

The contract of reply is not different from the typical contract of storage, since the responsibility for the deterioration of the goods is borne by the custodian in any case. The concept of responsible storage can be found in the Civil Code when the buyer or consignee refuses to deliver the goods. If this has occurred, the refusing party is obliged to accept the goods for the storage according to the article of the HC, which has no conditions, so whatever the name of the transaction, the contract for the provision of storage services for the storage of the goods is deemed to be responsible. The cleric is entitled to: take the goods on full payment of the services; demand a free inventory twice a year once a year. The custodian is obliged to: accept the goods within a specified period of time and keep them within a specified time; perform the loading and unloading of the goods when receiving and transferring them; notify the owner of the goods when the goods are handed over to other persons on the basis of certain circumstances. Documents and annexes to the contract for the provision of storage services The processing of the order for storage in Moscow shall take place from the time when the application of the owner of the goods through e-mail or in person.

Contents:

• Contracts for the provision of warehousing services for the storage of goods
• Responsible custody contract
• Refusal to issue goods from responsible storage
• Documents issued when goods are handed over to responsible storage
• Accounting for the responsible storage of the VIC
• Responsible storage claim
• Delivery of goods under a contract of responsible custody to third parties
• Chapter 47: Storage (art. 886-926)
• Issuance of Goods from the Responsible Storage

Contracts for the provision of warehousing services for the storage of goods

Model BIC: Signature: This model of the storage contract provides for the conclusion of an agreement between the individual employer and the warehouse complex for the storage of the goods by the entrepreneur. The responsible custodian takes over the custody, undertakes to secure the property, return it in proper condition and be liable for its loss, loss or damage, and the Cleric undertakes to take back his property after the expiry of the period of responsible storage established by this contract, reimburse the responsible custodian for the costs of storage and pay the remuneration.

The following shall be deposited: Tide washing powder with 3 kg; the goods shall be handed over to responsible storage until requested by the Clergist; Rights and obligations of Parties 3: The responsible custodian shall be obliged to store the goods for the time specified by the contract.

At the end of the normal period of storage of the goods in the circumstances, the responsible custodian is entitled to require the Cleric to take the goods back by giving him a reasonable period of time to do so.

In the event of failure on the part of the Cler to take back the goods deposited, including in the event of their evasion, the responsible custodian is entitled, after written notice from the Clergator, to sell the goods on his own behalf at the price established at the place of storage, and if the value of the goods is more than 100 times the statutory minimum wage, to sell them at auction in accordance with the procedure laid down in the Civil Code of the Russian Federation.

The responsible custodian is obliged to accept all necessary fire-fighting, sanitation, security, etc. The responsible custodian is obliged to return to the Clergic the goods which have been deposited in the condition in which they have been taken into custody, taking into account their natural deterioration, natural loss or other alteration due to their natural properties.

The custodian shall not have the right to use the goods which have been deposited, nor to make them available to third parties, unless he is compelled to do so by means of circumstances in the interests of the keeper and has no possibility of obtaining his consent; and the custodian shall not, without the consent of the keeper, deposit the goods with a third party, notify the keeper without delay.

When the term of the contract has expired, the witness must pay the person responsible for the maintenance of the goods, and the person responsible for the maintenance of the goods must take them away immediately.

4. If it is necessary to change the conditions of storage of the goods, the responsible custodian shall immediately notify the Cleric and wait for his response; if the change in the conditions of storage is necessary to eliminate the risk of loss, loss or damage of the goods, the responsible custodian shall have the right to change the manner, place and other conditions of storage without waiting for the answer of the Cleric.

If there is a real risk of damage to the goods during storage, or the goods have already been damaged, or circumstances have arisen to prevent their preservation, and it is not possible to expect timely action from the Keeper, the responsible custodian is entitled to sell the goods or part of them on his own behalf at the price of the storage place.

5. In the event of the circumstances specified in paragraph 5 of the contract, the retention fee shall be paid to the responsible custodian upon completion of the storage of 2,000 roubles for each day of storage; the costs of the responsible custodian shall be included in the storage fee; the costs of the storage of the goods which exceed the normal costs of this kind and which the Parties could not have foreseen at the time of the conclusion of this contract shall be reimbursed to the responsible custodian in excess of the storage fee.

The responsible custodian shall be responsible for the loss, loss or damage to the goods taken into custody, irrespective of fault, unless it proves that proper performance of the storage obligations was impossible due to irresistible force.

For loss, loss or damage to the goods taken into custody after the duty of the keeper has been incurred to take them back, the responsible keeper shall be liable only if he has intended them or if he has committed gross negligence; and the loss caused to the keeper by the loss, loss or damage of the goods shall be compensated by the responsible keeper in accordance with the article of the Civil Code of the Russian Federation.

7. This treaty shall be drawn up in two authentic copies, one for each of the Parties. This treaty shall enter into force from the time of the deposit of the goods and shall remain in force until the full performance of the obligations of the Parties.

The custody of the goods shall be carried out by the Keeper in a secure room located at the address: The Keeper shall be obliged to receive the goods for storage and to issue them in the following days and hours.

For the storage of goods, the customer pays the Keeper a fee of rubles per square. The cost of handling: a rubles per ton, or a rubles per m3 per transaction. The service provided by the Keeper is paid by the Client per month for bank days on the basis of invoices issued.

Within days of payment of the bill, the Keeper shall issue a certificate of work performed and issue an invoice; the amount of the remuneration shall include all expenses of the Keeper relating to the fulfilment of its obligations under this contract.

3. To verify the quantity and quality of the goods deposited; 3. To pay for the guardians' services in accordance with the procedure laid down in section 2 of this contract.

Delete the possibility of transferring the goods to the custody of other persons without the permission of the client; keep records and report, upon request, on the quantity of goods stored; delete the possibility of third parties ' access to the goods stored; and, if necessary, arrange round-the-clock receipt of the goods for additional remuneration.

The custodian shall ensure the proper protection of the goods and arrange for loading and unloading of the goods at the time of receiving the goods for storage and at the time of delivery of the goods at the order of the client to third parties, and issue in full or in part the goods to the customer on short notice.

In the absence of a debt in respect of the Caretakers' services, and upon written instruction from the Client to hand over the specified quantity of goods to third parties, the Keeper is obliged to give the Client the opportunity to check, inspect and count the goods stored, the Keeper is not entitled to use the goods handed over to him, and the Keeper of the Client receives the goods from the Client and delivers the goods to third parties by the Keeper of the Client by an authorized officer of the Keeper.

When the goods are taken into responsible custody, a certificate of acceptance and transfer of the goods shall be drawn up, in two copies, of one copy for each of the parties; the deposit by the Keeper of the goods to a third person or to a representative of the client shall be effected upon presentation of the status document, an invoice, a power of attorney issued by the client.

The custodian is responsible for the loss, loss or damage of the goods taken into custody and the custodian is required to compensate the customer for the loss, loss or damage to the goods.

In the event of the discovery by a Party of the loss, loss or damage of the goods, including deterioration of the quality of the goods, the Party which has discovered them shall notify the other Party without delay.

On the basis of a joint survey of the goods, the Parties shall draw up a certificate stating: the amount of goods lost or lost; the estimated sales value of the goods lost or missing and accepted by the Parties as the amount to be reimbursed by the Keeper in accordance with this paragraph; the Keeper shall pay the client the amount specified in the certificate within days of the writing of the act.

The custodian may use as security for the obligations under this treaty the retention of goods deposited in the event of non-performance or improper performance by the Client of its obligations under this contract; the liability of the Parties shall otherwise be determined in accordance with the applicable legislation of the Russian Federation; no Party shall be liable to the other Party for failure to comply with the obligations under this Treaty arising from circumstances of irresistible force, i.e. extraordinary and unavoidable circumstances, including declared or actual war, civil unrest, epidemics, blockades, embargoes, fires, earthquakes, floods and other natural disasters, as well as the publication of acts of public authorities.

The certificate issued by the relevant Chamber of Commerce and Industry or by another competent authority shall be sufficient proof of the existence and duration of the irresistible force; a Party which fails to fulfil its obligation by an act of irresistible force shall notify the other Party without delay of such circumstances and their impact on the performance of its obligations under this Treaty.

If the circumstances of irresistible force are valid for consecutive months, this Treaty may be terminated by written notification from either Party to the other Party. All disputes or differences between or relating to this Treaty between the Parties shall be settled by negotiation between the Parties.

Any amendments and additions to this Treaty shall be effective only if they are in writing and signed by both Parties.

This Treaty may be terminated unilaterally by the Client in the event of cancellation by the Keeper of documents authorizing him to carry out temporary storage activities.

Early termination of the Treaty may take place by agreement of the parties or on the grounds provided for by the law of the Russian Federation; a Party which has decided to terminate this Treaty shall give written notice of its intention to terminate this Treaty to the other Party not later than the days before the alleged date of termination of this Treaty.

In the event of a change in the legal address, name, bank details and other requirements of a Party, it shall, within days, notify the other Party in writing, and the letter shall state that it is an integral part of this Treaty. This Treaty shall be drawn up in two copies of the same legal effect, one copy for each Party. All documents transmitted by the Parties by facsimile shall be valid until the originals have been received by the Parties.

In the event that, no later than days before the end of the contract, no party declares in writing its unwillingness to extend this contract, the contract shall be automatically extended for the same period of time.

A model of a contract for the free and responsible storage of one of the types of service provided to both natural and legal persons is the responsible custody, free of charge, without payment for the service rendered; this service is required if the holder of the tangible property of the goods, goods, equipment, means of transport, documents, etc., is in possession of such a service between the person who deposits the property and the person who undertakes to retain it, an official document defining the rights and obligations of both parties and calling the contract of responsible storage free of charge is signed.

A contract of responsible custody between entities registered with the tax authorities may consist of: between legal persons; between a natural and legal person; between natural persons: one of the main features of the conclusion of the contract between legal persons is the following: the instrument concluded between such entities only provides for the direct possession of the property of one person in the territory of another: the right of ownership of tangible property does not move from the original owner of the property.

Thus, the entity that is the custodian under the contract is solely the performer of the storage service, and the agreement may include, in addition to the direct provision of storage services, the provision of other work relating to the subject matter of the contract, such as the packaging of products, for example, the packaging of a piece, the installation of construction materials in the lot, etc.

The contract concluded between legal entities is of a so-called consensual nature: it does not require notarial certification or any registration with the public authorities, such as the tax service; the object and essential conditions of the contract determine the material value which, in accordance with the contract, is transferred to responsible custody from one person to another; and the object of the contract of responsible storage is subject to the following conditions: upon completion of the period of responsible storage, the custodian undertakes to return the property which is handed over to him by another person called a worshipper in the condition and with the qualitative characteristics with which it was obtained.

This paragraph may be slightly different if the contract provides, in addition to direct storage, for the provision of any services relating to the subject matter of the contract that would alter the characterization of the package, the processing, the installation.

A person who will hold property is permitted or prohibited from linking it to shipments of the same type of goods received from other clerics.

The return of property takes into account the nature of the storage of the item, taking into account natural wear, natural decline, for example, a reduction in the weight of vegetables stored in the warehouse, and the filling requirements and samples of the Models for the filling of contracts for responsible storage can be found on many Internet resources and used in the preparation of their document.

It is worth noting that it is necessary to be responsible for filling all points — it will be safe from many unpleasant moments involving loss or damage of property or liability through no fault of its own.

Responsible custody contract

The following points are to be taken into account when the goods are handed over for safe custody: this document is used for both home storage and for storage by professional custodians; it is prepared by the representatives of the parties in accordance with the contract of custody for a specified period of time and up to demand; the number of copies of the document and the completeness of the documents produced are determined on a case-by-case basis.

According to article, the supplier did not order the goods at that time, and according to paragraph 1, the proceeds from the sale of the goods are handed over to the defendant less the amount owed to the buyer.

Refusal to issue goods from responsible storage

Model BIC: Signature: This model of the storage contract provides for the conclusion of an agreement between the individual employer and the warehouse for the storage of the goods by the entrepreneur. The responsible custodian takes over the custody, undertakes to secure the property, return it in proper condition and be responsible for its loss, loss or damage, and the witness undertakes to take back his property after the expiry of the period of responsible storage established by this contract and to reimburse the responsible custodian for the cost of storage and payment of remuneration.

Documents issued when goods are handed over to responsible storage

This is the subject of this article: legal relations relating to the possession of property are regulated by the article. Sign for all the rubies, your access to the magazine.

In the storage cells of transport companies; for the storage of the VIC, which is the subject of a dispute; the contractual obligations are between the custodian and the cleric; there may be both a natural and a legal person as the custodian, but the conditions are different: the principal requirement for a natural person is capacity; for a legal person, there is an activity to perform the services provided for the storage of the TTC.

Accounting for the responsible storage of the VIC

1. The custodian is obliged to keep the item for the duration of the period specified by the contract; if the term of the contract is not stipulated and cannot be determined on the basis of its terms, the custodian is obliged to keep the item until such time as it is requested by the cleric.

.

Responsible storage claim

.

.

Delivery of goods under a contract of responsible custody to third parties

.

Chapter 47: Storage (art. 886-926)

.

.

Issuance of Goods from the Responsible Storage

.

.