This warehousing agreement template has 6 pages and is a MS Word file type listed under our production & operations documents.
WAREHOUSING AGREEMENT This Warehousing Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the "Warehousing Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] For good and valuable consideration, the receipt and legal sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: WHEREAS the Company wishes to warehouse the Property with the Warehousing Company and the Warehousing Company has accepted to warehouse the Property for the Company the whole upon the terms and subject to the conditions hereinafter set forth; NOW THEREFORE, in consideration of the premises and the mutual agreements and covenants herein contained (the adequacy of which consideration parties hereto hereby covenant and agree as follows): GENERAL Definitions The terms defined herein shall have, for all purposes of this agreement, the following meanings, unless the context expressly or by necessary implication otherwise requires. "Property" means the [SPECIFY] contained therein shipped by or on behalf of the Company to Warehousing Company, which Property is to be dealt with by the Warehousing Company as set forth herein. Entire Agreement This Agreement, including the Schedules hereto, together with the agreements and other documents to be delivered pursuant hereto, constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein or therein. No supplement, amendment, modification, waiver or termination of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. Headings The Article and Section headings contained herein are included solely for convenience, are not intended to be full or accurate descriptions of the content thereof and shall not be considered part of this Agreement. Applicable Law This Agreement shall be governed by [YOUR COUNTRY LAW] of the State/Province of [STATE/PROVINCE], relevant and applicable to this agreement. Each party hereto irrevocably submits to the non-exclusive jurisdiction of the courts of that State/Province with respect to any matter arising hereunder. STORAGE OF PROPERTY Storage at Warehousing Company's Premises Warehousing Company shall store the Property at its premises located at [ADDRESS] (the "Premises"). Warehousing Company hereby represents to the Company that the Premises are leased by Warehousing Company from [name of landlord] (the "Landlord"), whose address for notice pursuant to such lease is: [Landlord's address] Warehousing Company acknowledges that the Company will give notice to the Landlord of the Company's ownership of the Property in the form of Schedule [SPECIFY] hereto. Undertaking regarding Property Warehousing Company hereby undertakes to keep the Property warehoused separate at all times throughout the term of this Agreement and any renewal hereof from all property of Warehousing Company or any third party other than the Company located in or on the Premises. Warehousing Company further undertakes that it shall give the Company [NUMBER] days written notice prior to moving or relocating the Property from the Premises and furthermore that it shall not return, release or deliver physical possession of the Property or allow physical possession of the Property to be returned, released or delivered to any person or entity except in conformity with the provisions hereof and with the prior written consent of the Company. TREATMENT OF PRODUCT Title Title to the Property shall remain in and with the Company at all time throughout the term of this Agreement and thereafter, and Warehousing Company shall keep the Property free of any hypothecs, privileges, liens, mortgages, charges, pledges and encumbrances of any kind whatsoever. Warehousing Company shall not remove, cover, or otherwise render invisible the identification of the the property of the Company, including, without limitation, the purchase order number, serial number, stock number, description and [SPECIFY IF NEEDED] marked by the Company. Shipment of Property Upon receipt of expressed written instructions from the Company in conformity with Section [NUMBER] hereof, Warehousing Company shall ship the Property as identified in such written communication to the customer of the Company named therein, at the cost of the Company. Order from Consignee's Client In the event that Warehousing Company receives an order from one of its own customers for the Property, Warehousing Company shall offer to purchase such number and type of [SPECIFY] as may be required by its customer from the Company by means of a written offer communicated to the Company by telecopier in conformity with Section 4.3 hereof. The Company may, in its sole discretion and arbitrarily, either accept or refuse Warehousing Company's offer to purchase such number and type of Chains. Acceptance by the Company In the event that the Company accepts Warehousing Company's offer to purchase [SPECIFY], it shall communicate such acceptance to Warehousing Company in writing in conformity with Section [NUMBER] hereof. Such type and quantity of the Property may then be removed by Warehousing Company from inventory only for immediate resale to its client. Payment of purchase price The purchase price in respect of any such sale of [SPECIFY] by the Company to Warehousing Company for the purpose of immediate resale by Warehousing Company to its client, as set forth herein above, shall be paid by Warehousing Company to the Company within [NUMBER] of days of receipt by Warehousing Company of the Company's written acceptance of Warehousing Company's offer to purchase such [SPECIFY]. Risk, insurance, standard of care All risk with respect to loss or damage to the Property shall remain with the Company, and the Company shall obtain and maintain such insurance coverage in respect of the Property against such risks as it shall, within its sole discretion, deem necessary
This warehousing agreement template has 6 pages and is a MS Word file type listed under our production & operations documents.
WAREHOUSING AGREEMENT This Warehousing Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the "Warehousing Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] For good and valuable consideration, the receipt and legal sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: WHEREAS the Company wishes to warehouse the Property with the Warehousing Company and the Warehousing Company has accepted to warehouse the Property for the Company the whole upon the terms and subject to the conditions hereinafter set forth; NOW THEREFORE, in consideration of the premises and the mutual agreements and covenants herein contained (the adequacy of which consideration parties hereto hereby covenant and agree as follows): GENERAL Definitions The terms defined herein shall have, for all purposes of this agreement, the following meanings, unless the context expressly or by necessary implication otherwise requires. "Property" means the [SPECIFY] contained therein shipped by or on behalf of the Company to Warehousing Company, which Property is to be dealt with by the Warehousing Company as set forth herein. Entire Agreement This Agreement, including the Schedules hereto, together with the agreements and other documents to be delivered pursuant hereto, constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein or therein. No supplement, amendment, modification, waiver or termination of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. Headings The Article and Section headings contained herein are included solely for convenience, are not intended to be full or accurate descriptions of the content thereof and shall not be considered part of this Agreement. Applicable Law This Agreement shall be governed by [YOUR COUNTRY LAW] of the State/Province of [STATE/PROVINCE], relevant and applicable to this agreement. Each party hereto irrevocably submits to the non-exclusive jurisdiction of the courts of that State/Province with respect to any matter arising hereunder. STORAGE OF PROPERTY Storage at Warehousing Company's Premises Warehousing Company shall store the Property at its premises located at [ADDRESS] (the "Premises"). Warehousing Company hereby represents to the Company that the Premises are leased by Warehousing Company from [name of landlord] (the "Landlord"), whose address for notice pursuant to such lease is: [Landlord's address] Warehousing Company acknowledges that the Company will give notice to the Landlord of the Company's ownership of the Property in the form of Schedule [SPECIFY] hereto. Undertaking regarding Property Warehousing Company hereby undertakes to keep the Property warehoused separate at all times throughout the term of this Agreement and any renewal hereof from all property of Warehousing Company or any third party other than the Company located in or on the Premises. Warehousing Company further undertakes that it shall give the Company [NUMBER] days written notice prior to moving or relocating the Property from the Premises and furthermore that it shall not return, release or deliver physical possession of the Property or allow physical possession of the Property to be returned, released or delivered to any person or entity except in conformity with the provisions hereof and with the prior written consent of the Company. TREATMENT OF PRODUCT Title Title to the Property shall remain in and with the Company at all time throughout the term of this Agreement and thereafter, and Warehousing Company shall keep the Property free of any hypothecs, privileges, liens, mortgages, charges, pledges and encumbrances of any kind whatsoever. Warehousing Company shall not remove, cover, or otherwise render invisible the identification of the the property of the Company, including, without limitation, the purchase order number, serial number, stock number, description and [SPECIFY IF NEEDED] marked by the Company. Shipment of Property Upon receipt of expressed written instructions from the Company in conformity with Section [NUMBER] hereof, Warehousing Company shall ship the Property as identified in such written communication to the customer of the Company named therein, at the cost of the Company. Order from Consignee's Client In the event that Warehousing Company receives an order from one of its own customers for the Property, Warehousing Company shall offer to purchase such number and type of [SPECIFY] as may be required by its customer from the Company by means of a written offer communicated to the Company by telecopier in conformity with Section 4.3 hereof. The Company may, in its sole discretion and arbitrarily, either accept or refuse Warehousing Company's offer to purchase such number and type of Chains. Acceptance by the Company In the event that the Company accepts Warehousing Company's offer to purchase [SPECIFY], it shall communicate such acceptance to Warehousing Company in writing in conformity with Section [NUMBER] hereof. Such type and quantity of the Property may then be removed by Warehousing Company from inventory only for immediate resale to its client. Payment of purchase price The purchase price in respect of any such sale of [SPECIFY] by the Company to Warehousing Company for the purpose of immediate resale by Warehousing Company to its client, as set forth herein above, shall be paid by Warehousing Company to the Company within [NUMBER] of days of receipt by Warehousing Company of the Company's written acceptance of Warehousing Company's offer to purchase such [SPECIFY]. Risk, insurance, standard of care All risk with respect to loss or damage to the Property shall remain with the Company, and the Company shall obtain and maintain such insurance coverage in respect of the Property against such risks as it shall, within its sole discretion, deem necessary
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