What should be paid attention to when entering into a storage contract?

Subject: Pitfall: Custodian abbreviation or no custodian qualification.

Prevention: Verify whether the custodian has the custody qualifications, and whether the actual custodian and the custodian are the same, so as to prevent the storage and storage items from being defrauded. The name, variety, specification, quantity, quality, and packaging of the stored goods:

Trap: Only fill in the name of the storage item, and do not fill in the others. Precautions:

It should be detailed, specific, and fill in the name, variety, specification, quantity, quality, packaging, etc. of the stored goods. This relates to claims arising from improper custody or for other reasons of custody. Loss standards and loss treatment of stored goods:

Trap: Fill in arbitrarily without writing loss or without writing loss. Precautions:

1) Fill in the loss truthfully and correctly; If you do not fill in or fill in less, the custodian will be liable for heavy compensation, and if you fill in more, the depositor will suffer a large loss. Filling in less or more is also prone to disputes. (2) The contract should stipulate the loss of the stored goods during storage and transportation, and the implementation principle of the pound difference standard.

If there are national or professional standards, they shall be implemented in accordance with the provisions of national or professional standards; Where there are no national or professional standards, it may be agreed that the two parties shall make provisions on the premise of ensuring the safety of transportation and storage. At present, the standards for the loss of warehousing and warehousing are: "Interim Regulations on the Management of Commercial Warehouses", "Measures for the Management of National Grain and Oil Warehouses" and "Trial Measures for the Management of Quota Loss of Department Store Stationery and Commodity Transportation and Storage". ‍‍

(1) It is necessary to write down the entry and exit procedures, time, place, and mode of transportation, which is related to the assumption of risk responsibility. In addition, if there is a shipping fee, it should also be stated who will bear the shipping cost. (2) In the contract, it is necessary to pay attention to the method of handling the warehousing procedures for warehousing and warehousing, establish the warehousing time, and both parties must go through the formalities of signing, and in the absence of the stocking party, the warehousing shall be handled with the third party originally designated by the stockist, and cannot be handled directly with the buyer of the warehousing.

In addition, if the original contract stipulates that the custodian will ship the stored goods on behalf of the warehouse after they are out of the warehouse, the contract terms must specify the mode of transportation of the stored goods, whether it is road transportation, railway or waterway transportation, or all modes of transportation, and it must be clearly stipulated. It must be stipulated that if the contract is not clear, the responsibility for the delay in the arrival of the storage shall be borne by both parties to the contract. Thirdly, after the contract stipulates the mode of shipment, it must also stipulate the time of delivery to the destination, otherwise, both parties shall be liable for the dispute. ‍‍

In the warehousing contract, the custodian of the contract must be a legal person organization or other economic organization or individual industrial and commercial household that has been approved and registered by the administrative authority for industry and commerce to specialize in or concurrently engage in warehousing business. Therefore, when looking for the counterparty of the warehousing contract and entering into the contract, the depositor should first ascertain whether the other party has the qualifications to engage in warehousing and whether it is stated in its business license. Where there is no warehousing business on the business license, the stockholder shall not enter into a warehousing contract with it.

The existing and actual business conditions of the other party are also the key contents of the pre-contract review. In economic life, there are a large number of enterprises or units that have the qualifications of the main body but are in poor business condition and are at risk of not being able to perform their contracts. In order to reduce or eliminate the possibility of being defrauded, when signing a contract, you should send someone directly to the other party to conduct a credit investigation, or with the help of the local industrial and commercial authorities, public security organs, the competent department of the enterprise and other departments to understand its credit and performance ability.

After understanding the credit status of Yuxiao Antlet, it is decided whether to sign a contract. The subject matter of the storage contract should be legal. Illegality of the subject matter will result in the invalidity of the storage contract.

Therefore, when entering into a storage contract, the custodian should know exactly what items are stored by the depositor, so as to prevent the depositor from using the storage company to store illegal goods. The custodian shall not provide storage space for items prohibited by law from circulation, as well as restricted items that are in the possession of the stockist without formal approval. This requires the custodian to strengthen the acceptance of the warehousing items.

When signing a warehousing contract with a person in the name of the person being **, one party should pay attention to examining whether the other party has the qualifications of a person

1) Whether there is a power of attorney. In the power of attorney, the name of the person, the matter, the authority of the authorization, and the period shall be clearly stated, and the principal or the legal representative or the principal responsible person shall sign and affix a seal.

2) Whether the person is within the scope of authorization to sign the storage contract, if the contract is concluded beyond the authority, the contract will be invalid due to the lack of authority.

3) The ** person signs the warehousing contract in the name of the ** person. Where the other party has no right to **, it is not allowed to enter into a storage contract with it. When signing a contract, we should try our best to be thorough and complete, and review the contract for errors and ambiguities.

When signing the contract, the two parties must conduct a comprehensive negotiation and reach an agreement on the main terms of the warehousing and storage contract. Matters related to warehousing, such as inspection, packaging, insurance, and transportation, must be clearly stipulated in the contract or separately contracted. After the signing of the contract, both parties must carefully review whether the language of the contract is clear and whether there is any possible ambiguity; Whether there are any mistakes and whether the main clauses are written into the contract.

In order to prevent future burial caused by disputes or deception.

Considerations for Storage Contracts:

1. The custodian of the model filial piety must have the corresponding custody conditions;

2. Do not keep dangerous goods and illegal items that are prohibited by law from being held by private individuals;

3. The parties to the contract should make clear and specific agreements on the main terms such as delivery conditions and payment methods;

4. Other precautions.

1. What are the conditions for the establishment of a vehicle custody contract?

The conditions for the formation of a vehicle custody contract include:

1. The parties to the vehicle custody contract have the corresponding civil capacity;

2. Both parties express their true intentions and reach an agreement on the matters concerning the conclusion of the custody contract;

3. The contract does not violate the provisions of the law and the public interest;

4. Unless otherwise agreed by the parties, it shall be established upon delivery of the deposited goods.

2. Can the custodian request the depositor to collect the deposited property in advance?

It needs to be judged on a case-by-case basis. A custody contract is a contract under which the custodian takes custody of the deposited goods delivered by the depositor and returns the goods.

China's civil law stipulates that if the parties have not agreed on the storage period or the agreement is not clear, the custodian may request the depositor to collect the deposited property at any time; Where the period of custody is agreed, the custodian shall not request the depositor to collect the depositary in advance without special reasons.

3. What are the contents of the custody obligation?

1. The custodian shall properly keep the custodians, that is, the custodian shall pay considerable attention to the custodians, so as not to cause the custodians to be damaged or lost due to their own improper safekeeping. Under normal circumstances, when the custody contract is gratuitous, the custodian shall pay the same attention to the custody as to the custody of its own belongings; When the custody contract is paid, the custodian shall exercise the care of a good administrator with respect to the deposited goods.

2. The parties may agree on the place or method of storage. If there is an agreement between the parties, it shall be enforced in accordance with its agreement; Where there is no agreement, the place and method of custody shall be determined in accordance with the nature of the depository, the purpose of the contract, and the principle of good faith.

3. The custodian shall not change the storage place or method without authorization. However, in the event of an emergency, failure to change the place or method of storage would be detrimental to the interests of the depositor, in which case the depositor may change the place or method of storage in order to protect the interests of the depositor.

4. The custodian shall take possession of the deposited property, and the custodian shall not use or permit a third party to use the deposited property unless otherwise agreed by the parties.

Article 904 of the Civil Code of the People's Republic of China.

A storage contract is a contract in which the custodian stores the warehousing goods delivered by the depositor, and the depositor pays the storage fee.

Article 907.

The custodian shall, in accordance with the agreement, carry out the acceptance of the warehousing items. If the custodian discovers that the warehousing items are inconsistent with the agreement during acceptance, the depositor shall be notified in a timely manner. If the variety, quantity and quality of the stored goods do not conform to the agreement after acceptance by the custodian, the custodian shall be liable for compensation.

Article 915.

Upon the expiration of the storage period, the stockholder or the holder of the warehouse receipt shall withdraw the warehousing items with the warehouse receipt, warehousing order, etc. If the stockholder or the holder of the warehouse receipt is late in the withdrawal, the storage fee shall be added; If it is withdrawn in advance, the storage fee will not be reduced.

There are the following principles for entering into a warehousing contract:

1. The principle of voluntariness, the warehousing contract shall be established when the custodian and the stockist express their agreement;

2. The principle of fairness, the depositor shall pay the storage fee in accordance with the agreement, and the custodian shall properly keep the stored goods;

3. The principle of good faith is prepared, and the parties shall fully perform their obligations in accordance with the contract.

[Legal basis].

Article 5 of the Civil Code of the People's Republic of China.

Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

Article 6. Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.

Article 7. Civil entities engaging in civil activities shall follow the principle of creditworthiness, uphold honesty, and abide by their commitments.

Article 904.

The storage contract is a contract in which the custodian stores the warehousing goods delivered by the depositor, and the depositor rolls back the potatoes to pay the storage fee.

Article 905.

The warehousing contract shall be formed when the intention of the custodian and the depositor are consistent.