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:
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
(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
(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
(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.
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.
Warehouseman shall furnish all labor and equipment
necessary to perform the services specified above at the rates specified.
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.
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.
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.
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.
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.
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.
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.
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.
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
Insurance will be carried by depositor on its
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