Form of custody agreement. Sample. Storage agreement. Consequences of failure to fulfill obligations by the bailor

All aspects relating to the conclusion of a custody agreement (hereinafter referred to as the agreement) are regulated by Civil Law Russian Federation, in particular the Civil Code of the Russian Federation.

If the parties do not have the opportunity to draw up a document in written format, but there are receipts, receipts or tokens confirming the transfer of valuables, then the obligations arising in this case are equivalent to the written form of the agreement.

However, even the absence of a written agreement is not a reason in case of disputes and trial, refuse the parties to satisfy the claim if there are witnesses confirming the actual transfer of valuables for storage.

Based on legal basis conclusion of a storage agreement, we can highlight three main characteristics, defining the peculiarities of accepting such obligations. These include:

1. The bailor must transfer things for storage solely of his own free will. Any influence on the part of the custodian in order to influence the owner of valuables is prohibited.
2. The transfer is carried out free of charge, that is, the custodian does not receive any material benefit.
3. The agreement is unilateral; accordingly, the initiator of its conclusion is the owner of the valuables.

Also storage services for valuables may be a type of business for any persons or companies. In this case, the storage agreement has the following features of the conclusion:

1. The concluded contract is compensated. The bailor undertakes to pay the amount agreed upon in the contract for storage services within the established time frame.
2. Unlike the classic format of a custody agreement, in cases where the transfer of valuables is a type entrepreneurial activity, the initiator of the agreement can be both parties to the relationship.

As for the period of validity of the agreement, when concluding it, the depositor and the custodian can determine a specific period, or they may not indicate any dates at all; the deadline for the return of valuables will be the first demand of the depositor.

Each concluded agreement must necessarily contain information related to the category of essential conditions. In the absence of the most important points and the occurrence controversial situations requiring contact judiciary, the contract may be declared invalid.

An essential condition of a storage agreement may be its subject matter, which is understood as a specific thing transferred for the purpose of ensuring safety from one party to the other. It should be noted that if the thing being transferred contains other items not directly named in the contract, then such values ​​are not the subject of the contract.

When indicating which conditions are essential when concluding an agreement, it is necessary to note which information does not affect the legality of the document being drawn up. TO unimportant conditions characteristics such as the period for which the contract is concluded, the place in which the object will be located during the validity of the contract and other similar information can be included.

As mentioned above, the subject of the custody agreement is values ​​that have a material form. The subject of the contract may have both individual characteristics and be determined on the basis of generic characteristics. If unique values ​​are transferred under the contract, then at the end of the contract, these particular objects must be returned.

However, in the case when a thing defined by generic characteristics is transferred, these values ​​can be kept by the custodian with depersonalization, that is, together with similar things. In this case, one of these objects should be returned to the custodian.

1. Keep the object transferred for storage intact, creating everything necessary conditions to successfully fulfill this obligation.
2. Upon first request, return the object specified in the contract, as well as all benefits received during the period of storage of these valuables.

The owner of the contract object also has an obligation, which is to timely pick up the transferred item from the custodian upon expiration of the contract.

After the custody agreement, when this type activity is determined as bringing profit to the custodian, is concluded, and the subject of the contract is transferred to an authorized person, the custodian bears full responsibility for the safety, damage, or damage of valuables to their owner.

This type of liability arises even if the custodian is not at fault in the event that occurred. In this case, it is necessary to compensate not only the actual amount of damage caused, but also losses associated with lost material profits.

However, for those storage agreements that are drawn up free of charge, the custodian’s liability for damage to property arises only if there is actually proven guilt. In this case, it is reimbursed only the actual amount of damage.

In most cases, the property transferred for storage has considerable cost. As a result, it is recommended to carefully justify the choice of one or another custodian of valuables, analyze the concluded custody agreement, and options for possible repayment of losses in the event of adverse events.

Not only property objects, but also documents can be transferred for storage. In this case, it is much more difficult to assess the real value of the transferred values. That is why it is so important to provide as much as possible for the likelihood of the custodian paying material compensation in the event of loss or damage to the subject of the contract.

Also, when choosing a partner under a custody agreement, you should check solvency custodian by carrying out analytical measures in case the terms of the contract are violated? and the custodian will have to pay the depositor out of his own funds.

If the transferred assets require certain storage conditions, you should check their availability before signing the contract.

When concluding a custody agreement, both parties to the contractual relationship bear civil liability. All basic requirements containing the conditions under which liability of the parties and its amount may arise are determined by law.

Despite this, the depositor and the custodian have the opportunity set other conditions based on the provisions of the agreement concluded between them.

In accordance with the legal framework, in particular Art. 901 of the Civil Code of the Russian Federation, the maximum degree of liability occurs if the custodian of valuables has not provided proper storage conditions and the subject of the contract is damaged or destroyed.

The amount of compensation will depend on what basis - paid or gratuitous - the storage agreement was concluded.

The custodian, who provides storage services professionally, undertakes to be responsible for damage and loss of valuables, with the exception of events resulting from force majeure in the amount of damage caused.

If storage of property is carried out free of charge, then compensation for losses associated with the carelessness or oversight of the custodian is made in the amount of actual damage to the object. In those cases when the thing is not destroyed, but its properties and characteristics are violated, the damage is repaid within the limits of the reduction in the value of the valuables.

In some cases, the depositor transfers for storage valuables with dangerous characteristics (explosive, flammable, etc.), without warning the custodian about the peculiarities of the objects. This situation is stipulated by law and allows the custodian to destroy these valuables without having to compensate for the damage caused to the depositor. Moreover, the owner of dangerous objects is charged with the duty reimburse the custodian for all expenses associated with the content of such values.

However, not only the custodian is responsible within the framework of the concluded agreement. If the relationship between the depositor and the custodian is established by a storage agreement concluded between them on a reimbursable basis, but, despite this, the owner of the subject of the agreement never transferred the value for storage, he obliged to compensate the custodian of the amount of profit not received from the performance of this service.

A custody agreement is one of the types of legal relations between interested parties and is successfully used in Russian practice. All the main parameters of concluded contracts are determined by civil law, but the parties have the right adjust nuances and enshrine them in the contract, taking into account your wishes.

What is a secure storage warehouse? Details are in this video.

A common service in the logistics industry is storing goods in company warehouses. The basis for its implementation are two documents: and a custody agreement.

The last of them is an official document that is mandatory for drawing up when providing a service such as responsible storage of goods in a warehouse. It defines the rights and obligations between the parties to the agreement that arise during the storage of the bailor’s property. In this case, the property can be any inventory items:

• goods;
• cargo;
• production or office equipment;
• technique;
• cars or other vehicles;
• documents (including archives of organizations or individual entrepreneurs).

The parties to the agreement are:

1. Bailor (or customer) is a person who transfers his property to the second party for storage. His responsibility is to timely pay for storage services and comply with the requirements of the contract. He also has the right to demand the return of his goods (in whole or in part) before the contract expires.
2. Custodian (or executor) is a person (or company) that takes custody of someone else's property for a fee. His responsibility is to monitor the safety of the property entrusted to him, return it back at the client’s first request, as well as compensate him for damage in the event of damage, damage or loss of goods and materials.

• what kind of property is this;
• for how long does the bailor give it for storage;
• how much he will pay for the provision of this service to him.

Most often, the property that is transferred for storage has a fairly high value, so both parties must carefully consider all the clauses that are included in the contract. The most important point will be the one that states the custodian’s responsibility for the safety of the goods. The following questions are important:

• whether he will have to compensate for damage from property damage, damage or loss;
• if so, under what conditions will this occur;
• what amount of compensation is due in case of damage or loss of property.

Separately, it is worth highlighting the storage of documents. This service, which has become increasingly widespread lately, has some differences from simple storage of goods or equipment.

First of all, this concerns the assessment of the value of documents. The main feature is that for the rest of the property there are specific ways to determine its value - goods, equipment, cars, etc. assets have an approximate market price, on the basis of which the amount of compensation for damage caused will be determined. Documents most often do not have a specific value, and in some cases they are even priceless.

Therefore, it is advisable to immediately stipulate in the contract what amount of monetary compensation will have to be paid by the custodian in the event that something happens to the documents.

In order to ensure the real ability of the custodian company to pay this compensation if necessary, it is better to study its financial condition and level of solvency in advance.

In addition to the legal aspects, the physical aspects are also important. So, before concluding an agreement, it is worth additionally studying the conditions under which the property will be stored. To do this, it is worth asking the custodian to demonstrate the premises or warehouses in which he plans to place it. It is important to assess the quality of these premises visually, and also to make sure that the conditions there will not in any way affect the safety of the goods.

It is worth noting that there is no single established template for this agreement; it is flexible and drawn up in accordance with the requirements of a specific situation. The terms of the contract may differ depending on the type of product, its features and storage rules.

The only requirement is that all established legal standards regarding registration must be observed. In particular, the form of drawing up the contract is mandatory - it must be written only. All basic requirements regarding storage agreements are regulated by the provisions Civil Code RF.

After studying and agreeing on all points, the contract is signed by both parties, and the rights and obligations of both parties specified in it come into force.

Most often, if a logistics company is not new to the market for these services, it already has a previously developed agreement for the storage of goods. When working with new clients, it changes only slightly, adapting to their requirements and specific terms of the transaction.

Types and elements of a storage agreement are fixed in the Civil Code. In a general sense, by agreement, one participant transfers a certain thing to another. The latter, in turn, by accepting it, undertakes to preserve and return it within a specified period in its original condition. Let's take a closer look at the features of the agreement.

General information

The legal one will depend on whether it is in the field of entrepreneurship or not. In the general civil sense, the agreement is real, unilateral. The corresponding signs are stated above.

If it is not issued within the framework of entrepreneurial activity, then the entity receiving the item does not receive any remuneration. If one party is a commercial enterprise or individual entrepreneur carrying out relevant activities on a professional basis, the agreement may establish the obligation to accept the thing from the bailor within a specified period. In such cases, as a rule, it is custody agreement. Gratuitous type of transaction is concluded between ordinary citizens.

Peculiarities

In general cases, any entities can act as parties to a transaction. For commercial organizations, for which storage is the main activity, must have a license. In some cases, the transaction is public. For example, this category includes an agreement on the transfer of things to the storage room of a transport company. The law allows for the execution of an agreement by joining the bailor to the transaction, the terms of which are expressed in standard forms.

Nuances

Storage may arise from contractual provisions or legal provisions. In the latter case, the obligation arises upon the occurrence of circumstances established by law. In practice, these are quite common. For example, such agreements include the maintenance of finds (Article 227 of the Civil Code), stray animals (Article 230), unordered products (Article 514), inherited property (Article 1172), etc. The following applies to such transactions: general rules, unless the legislation establishes other requirements.

Classification

The legislation provides for various Types of storage agreement. Each of them has its own characteristics. One of the most common agreements is the contract for storing goods in a warehouse. It can be concluded by enterprises with an extensive network of branches. Often separate divisions, just starting work, do not have their own premises to maintain products. The branch concludes temporary storage agreement with organizations that have the necessary space. At the initial stages of work, this is more economical than building your own hangars.

The legislation provides for special types of storage agreement. For example, Article 924 of the Code talks about the contents of clothes in wardrobes. The agreement is formalized by providing a token, number plate or other identifying sign. The agreement will also be considered concluded in the case when the citizen left his item not in the wardrobe, but in a special room in which there are hangers. The entity accepting the clothing has the right to refuse to return it if it has doubts about the identity of the depositor. In such a situation, he may require proof of ownership of the thing. Other types include storage in:

Essential condition

It acts as . It is logical that without it there can be no deal. The contract for the provision of storage services provides for the transfer of things, money and securities including. According to general rules, an object must belong to the category movable property. Only an individually defined item must be transferred. This rule does not apply to everyone. For example, one of them is regulated by Article 926 of the Civil Code. As stated in clause 3 of the norm, the use of immovable objects is also allowed for sequestration. In other cases, any actions aimed at ensuring the safety of real estate are carried out within the framework of legal relations regulated by Chapter 39 of the Code.

Things with depersonalization

Objects defined by generic characteristics cannot act as things transferred for storage. Nevertheless, both in Roman and modern domestic law there are exceptions to this rule. It was already mentioned above that there are special types of storage agreement. These include, in particular, agreements under which things are transferred with depersonalization. The essence of such a transaction is that objects accepted from one depositor can be mixed with other objects received from another participant in the transaction. After deadline or upon the occurrence of agreed circumstances, the subject is returned an equal or established by the parties quantity of things of the same quality and type. An example would be a contract for storing goods in a warehouse, when the products are bulk products (grain, flour, etc.) or vegetables, fruits, and so on.

Term

He doesn't count essential condition general civil transaction. According to the provisions of Article 889 of the Civil Code, the subject receiving the thing must keep it for the period agreed upon with the other participant. If the period is not established by the parties and it cannot be determined based on the terms of the transaction, the item is stored until demand by the bailor. If the period is determined by such a moment, after its expiration, the party in possession of the item must require the other party to the transaction to pick it up within a reasonable period of time. Failure to fulfill this obligation will result in the consequences provided for in paragraph 2, 899 of the Civil Code. If a storage agreement is drawn up between legal entities, the term condition is considered essential.

Responsibilities

According to Article 888, they are provided for only one participant in the transaction - the custodian. He, as paragraph 1 of the norm indicates, is obliged to accept the thing. This indicates that there is no right to demand the transfer of the item. At the same time, the norm refers to the obligation of the bailor to compensate for losses that arose as a result of a failed transaction, unless otherwise established by agreement or legislation. Compensation for losses acts in this case as a form of liability. This circumstance is significant.

Responsible storage

Due to the fact that the obligation to compensate for losses is a form of ordinary civil sanction, then:

1. Losses from the transfer of things, by virtue of Articles 393 and 15, are fully compensated. Compensation is subject to, among other things, lost profits and actual harm.
2. The obligation to compensate for losses arises only if there is a violation of the debtor-bailor, committed through his fault (if he is an entrepreneur, then regardless of fault).
3. An indication that the owner of an item is released from liability upon timely (done within a reasonable time) notification to the receiving entity that the item will not be transferred to him contrary to the agreement is considered not the only, but only an additional basis for release from the obligation. In addition to it, there are also the conditions provided for in Article 401 of the Civil Code in paragraph 3.
4. The parties can use the penalty as a security measure against the obligation of not only the custodian, but also the bailor.
5. Article 888 in paragraph 2 stipulates the case of delay in execution. In this regard, in accordance with Art. 405 (clause 2), the creditor (the person to whom the thing is transferred) can not only refuse to accept late performance, but also demand compensation for losses incurred.
6. The rule established in paragraph 2 of Article 405 does not always apply. In particular, it does not apply to cases covered by paragraphs 1 and 2 of the 888th norm.

Appropriate measures

All require the receiving entity to take actions to prevent damage to the transferred item (although such requirements may not be included in the agreement itself). The corresponding rule is enshrined in Article 891 of the Code.

If the agreement does not directly establish such requirements, the custodian must take appropriate measures consistent with the essence of the transaction and customs of trade, as well as the properties received object. However, in any case, he is obliged to take actions provided for by law, regulations or other acts.

In particular, we are talking about fire safety, sanitary and other general measures. The legislator allocates free storage in paragraph 3 of Article 891 of the Code to reduce the scope of liability by narrowing the number of circumstances under which it occurs. The subject to whom the thing is transferred must take care of it no less than his own property. Article 892 establishes the possibility of registering storage agreement with right of use. If the agreement does not directly establish the possibility of exploiting the object, then it is carried out exclusively with the consent of the owner (bailor).

Grounds and procedure for changing the terms of the transaction

These issues are regulated by Article 893 of the Code. If there is a need to change the storage conditions established by the contract, the entity in which the thing is located must immediately notify the bailor about this. This rule establishes the obligation of the subject to wait for a response from the counterparty. If the change in conditions is determined by the need to eliminate the threat of damage or loss of the object, then the custodian can do this without the consent of the bailor.

Thus, in the event of such a danger, he has the right to independently sell the thing (or part of it) at the cost prevailing in the given area. The subject may perform a similar action under other circumstances that do not allow the safety of the item to be ensured, and for one reason or another, the bailor cannot be expected to take action.

Dangerous objects

When depositing such things, the depositor is obliged to notify the counterparty of their properties. In case of violation of this regulation, he will be responsible for the consequences, including loss/damage to property, damage to the entity that accepted the objects. Sanctions will also be applied in case of harm to third parties. Article 894 provides for various cases in which a subject who has accepted dangerous objects, is obliged to destroy or render harmless them. The differentiation of situations is based on the principle of guilt and reasonable distribution of the risk of accidental occurrence of the corresponding consequences between the parties to the transaction.

Request for personal performance

As a rule, things are transferred to safekeeping those subjects whose individual characteristics are known to the bailor. In this regard, Article 895, establishing the requirement to obtain the consent of the owner of an object to transfer it to a third-party citizen/enterprise, is based on the principle of personal execution of the terms of the transaction. However, exceptions have been made to this requirement. The first concerns cases when the transfer of a thing to a third party was carried out in the interests of the bailor, and the second concerns situations where it was not possible to obtain consent. The burden of proving the existence of these circumstances rests with the custodian. He also bears the risk of untimely notification of the transfer of the bailor's property to a third party.

Payment of remuneration

It is carried out in accordance with Art. 896. The procedure established in the norm is dispositive. This means that the participants in the transaction are given the opportunity to independently determine the terms of payment of remuneration. By general principle settlements, payment is made upon completion of the service for the entire period of retention of the item or individual periods. The parties may provide for an advance payment, which, if appropriate circumstances arise, can become a deposit. The custodian has the right to refuse to execute the transaction and demand that the owner of the thing immediately take it back if the latter fails to pay more than half the time specified in the agreement.

Early termination

Its consequences will depend on who exactly is terminating the deal and for what reason. If the custodian does this due to circumstances for which he is not responsible, he is entitled to a proportionate part of the payment. If the reason for the termination of the relationship was the bailor’s failure to inform about the dangerous properties of the object, then the subject who accepted it can count on receiving the full amount of the reward. If the custodian is to blame for the circumstances, he is not entitled to any payments. At the same time, he must return everything that he received.

Expenses

In the case of gratuitous storage, the bailor must compensate the entity who accepted the thing for the costs of its maintenance, unless the law or contract establishes a different rule. In the case of a consensual agreement, expenses are also subject to reimbursement. However, since such an agreement is considered reimbursable, the costs are included in the remuneration. The corresponding rule is enshrined in Article 897 of the Code.

The legislation provides for emergency expenses separately. They mean costs that exceed normal costs that the parties to the transaction could not foresee when drawing up the agreement. The obligation to compensate them is assigned to the bailor only upon receipt of his consent or if it follows from the law or other legal act. If we are talking about compensation agreement, then extraordinary costs are reimbursed on top of other costs.

Consequences of failure to fulfill obligations by the bailor

They are provided for in Article 899 of the Code. The norm, in particular, talks about the consequences of failure to fulfill the obligation to take the thing back. We are talking about a situation in which the subject has not agreed with the custodian on the extension (continuation) of the contract for another term. The consequences enshrined in Article 899 apply only after missing not only the main period, but also the additional reasonable period provided by the counterparty. The depositor is obliged to pick up the given item after the agreed storage period.

If this requirement is not met, the counterparty must notify him in writing of the circumstances that have arisen. After this notification, in case of failure to receive a response or evasion of it, the custodian can sell this thing at the value prevailing in the given area. If the price of the object is more than 100 minimum wages, the sale is carried out at auction. The amount received from the sale must be transferred to the bailor. At the same time, remuneration and expenses incurred by the counterparty, including sales, are deducted from it.

Consequences of failure to fulfill duties by the custodian

As Article 900 of the Civil Code indicates, the subject who accepted the thing must return it in the same condition in which it was transferred, and in the case of an agreement with depersonalization, the same object. In case of violation of the obligation in both the first and second cases, the bailor has the right to file a claim demanding the fulfillment of the obligation in kind, in accordance with Art. 396 of the Code. According to clause 2 of this norm, compensation by the custodian (debtor) for losses exempts him from execution of the contract, unless otherwise established by law or agreement.

Conditions for applying sanctions

Article 901 of the Civil Code is dedicated to them. Basically, the provisions of the norm coincide with general rules liability in case of failure to fulfill the obligation. At the same time, there are some discrepancies. In particular, increased liability (which occurs without fault) is not imposed on any custodian-entrepreneur, but only on a professional one. It is provided, for example, for a bank, pawnshop, etc. In addition, the limits of liability of a professional custodian are narrowed to a certain extent. As grounds for exemption from it, the subject can use references not only to force majeure, gross negligence, or the intent of the bailor. He also has the right to point out that the shortage, damage, or loss of the thing was due to its properties, which the custodian did not know about and should not have known about.

1. SUBJECT OF THE AGREEMENT

1.1. The subject of this Agreement is the acceptance and storage in a warehouse owned by the Keeper of goods on the terms specified in this agreement, hereinafter referred to as the Goods.

1.2. The storage of goods is carried out by the Custodian in a secure premises located at the address: . At this warehouse, the Keeper is obliged to accept the Goods for storage and release them on the following days and hours.

2. COST OF THE CONTRACT AND PAYMENT PROCEDURE

2.1. For storage of goods, the Client pays the Custodian a fee in the amount of rubles per sq.m. including VAT per month based on the occupied area. Cost of organizing loading and unloading operations: rubles per 1 ton, or rubles per m3 (for one operation).

2.2. Payment for the services provided by the Custodian is carried out by the Client per month during banking days on the basis of issued invoices. Within days from the moment of payment of the invoice, the Custodian issues a certificate of completion of work and issues an invoice.

2.3. The amount of remuneration includes all expenses of the Custodian related to the fulfillment of its obligations under this agreement.

3. OBLIGATIONS OF THE PARTIES

3.1. The client is obliged:

3.1.1. Check the quantity and quality of Goods transferred for storage;

3.1.2. Transfer the goods to the Custodian according to the goods acceptance certificate (Appendix No. to the agreement).

3.1.3. Pay for the Custodian's services in the manner prescribed by Section 2 of this agreement.

3.2. The custodian is obliged:

3.2.1. Comply with the storage conditions for goods provided for in clause 1.2 of this Agreement.

3.2.2. Exclude the possibility of transferring goods transferred for storage to other persons without the Client’s permission.

3.2.3. Keep records and provide upon request to the Client reports on the quantity of stored goods.

3.2.4. Eliminate the possibility of third parties having access to stored goods.

3.2.5. If necessary, organize round-the-clock reception of goods for an additional fee.

3.2.6. The custodian ensures proper protection of the goods.

3.2.7. Organize loading and unloading operations when accepting goods for storage, as well as when issuing goods by order of the Client to third parties.

3.2.8. Issue goods in full or in part to the Client upon request. Issue in full is carried out in the absence of debt on invoices for the services of the Custodian.

3.2.9. Upon written instructions from the Client, transfer the specified quantity of goods to third parties.

3.2.10. The Custodian is obliged to provide the Client with the opportunity to check, inspect and count the stored goods.

3.3. The custodian has no right to use the goods transferred to him for storage.

4. PROCEDURE FOR RECEIVING AND ISSUING GOODS

4.1. Acceptance of goods by the Keeper from the Client and delivery of goods by the Keeper to the Client (third parties) is carried out by an authorized employee of the Keeper.

4.2. When accepting goods for safekeeping, a certificate of acceptance and transfer of goods storage is drawn up in 2 copies, one copy for each of the parties.

4.3. Issuance of goods by the Custodian to a third party or representative of the Client is carried out upon presentation administrative document(invoice, power of attorney) issued by the Client.

5. RESPONSIBILITY OF THE PARTIES

5.1. The keeper is responsible for loss, shortage or damage to goods accepted for storage.

5.2. The Custodian is obliged to compensate the Client for losses caused to the Client by loss, shortage or damage to the goods.

5.3. If one of the Parties discovers loss, shortage or damage to the goods (including deterioration in the quality of the goods), the Party that discovered them must immediately notify the other Party about this. Based on the results of a joint inspection of the goods, the Parties draw up a report in which they indicate:

• quantity of lost (damaged or missing) goods;
• the estimated (sale) value of the lost (damaged or missing) goods and is accepted by the parties as the amount to be reimbursed by the Keeper in accordance with this paragraph.

5.4. The Custodian has the right to use, as security for obligations under this agreement, the retention of goods transferred for storage in the event of non-fulfillment or improper fulfillment by the Client of its obligations under this agreement.

5.5. The liability of the Parties in other cases is determined in accordance with the current legislation of the Russian Federation.

6. FORCE MAJEURE CIRCUMSTANCES

6.1. Neither Party is liable to the other Party for failure to fulfill obligations under this Agreement due to force majeure circumstances, i.e. extraordinary and unpreventable circumstances under given conditions, including declared or actual war, civil unrest, epidemics, blockade, embargo, fires, earthquakes, floods and other natural disasters, as well as the issuance of acts of government bodies.

6.2. A certificate issued by the relevant chamber of commerce and industry or other competent authority is sufficient confirmation the presence and duration of force majeure.

6.3. A Party that fails to fulfill its obligation due to force majeure must immediately notify the other Party of such circumstances and their impact on the fulfillment of obligations under this Agreement.

6.4. If force majeure circumstances persist for consecutive months, this Agreement may be terminated by either Party by sending written notice to the other Party.

7. DISPUTE RESOLUTION PROCEDURE

7.1. All disputes or disagreements arising between the Parties under this Agreement or in connection with it shall be resolved through negotiations between the Parties.

7.2. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in arbitration court in accordance with the procedure established by the legislation of the Russian Federation.

8. PROCEDURE FOR CHANGE AND TERMINATION OF THE AGREEMENT

8.1. Any changes and additions to this Agreement are valid only if they are in writing and signed by both Parties.

8.2. This Agreement may be terminated by the Client in unilaterally in case of cancellation of documents from the Custodian giving him the right to carry out temporary storage activities.

8.3. Early termination The agreement may take place by agreement of the parties, or on the grounds provided for by the legislation of the Russian Federation.

8.4. The Party that decides to terminate this Agreement must send written notice of its intention to terminate this Agreement to the other Party no later than days before the expected moment of termination of this Agreement.

9. OTHER CONDITIONS

9.1. This Agreement comes into force from the moment of signing and is valid until “” 2020.

9.2. If any of the Parties changes legal address, names, bank details and other things, it is obliged to notify the other Party about this in writing within days, and the letter must indicate that it is an integral part of this Agreement.

9.4. This Agreement is drawn up in two copies having equal legal force, one copy for each of the Parties.

9.5. All documents transmitted by the parties by fax are valid until the parties receive the originals.

9.6. If, no later than days before the end of the contract, neither party declares in writing that they do not want to extend this contract, the contract is automatically extended each time for the same period.

10. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Guardian

Client Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

According to the agreement, the custodian undertakes to store the equipment transferred by the bailor and then return the latter's property safe. In general, the parties to an agreement can be any subjects of civil law.

The main condition of the agreement is its subject - the service of storing the bailor's property. The shelf life is not an essential condition. The custodian is obliged to store the equipment for the period stipulated by the agreement. If a period is not provided for in the document and cannot be determined from its terms, the custodian is obliged to store the equipment until required.

In accordance with the Civil Code of the Russian Federation, the custodian is responsible for ensuring the safety of the equipment. The custodian is obliged to take all measures provided for in the agreement to ensure the safety of the equipment transferred to him for storage. In the absence of such conditions in the form of an agreement for responsible storage of equipment, the custodian is also obliged to take measures consistent with business customs and the essence of the obligation, including the properties of the equipment transferred for storage.

In addition, the custodian is obliged in all cases to take measures that are mandatory by law, legal acts or in the order established by them (fire safety, security, etc.).

When depositing dangerous equipment, the bailor is obligated to properly warn the custodian about it.

Structure and content of a standard form for an equipment custody agreement

1. Date and place of conclusion of the agreement.
2. Name of the parties.
3. Subject of the agreement. According to the agreement, the custodian undertakes to accept and store the equipment transferred to him by the bailor, and then return it safely. The name, quality, quantity and cost of equipment are determined by the parties to the agreement in the List of Transferred Property, which, after approval by the parties, becomes an integral part of the agreement.
4. Duration of the agreement. The contract comes into force on the date (or event) and is valid until the date (or event).
5. Rights and obligations of the parties. The content of the clause depends on the conditions under which the transaction is concluded and the current legislation of the Russian Federation.
6. The procedure for transferring equipment. The content of the clause depends on the conditions under which the transaction is concluded.
7. Payment procedure. The content of the clause depends on the conditions under which the contract for responsible storage of equipment is concluded.
8. Responsibility of the parties. The parties are responsible for failure to fulfill or improper fulfillment of their obligations in accordance with the terms of the agreement and the legislation of the Russian Federation.
9. Grounds and procedure for termination of the transaction. The agreement can be terminated by agreement of the parties and unilaterally upon the written request of the custodian or bailor on the grounds provided for by Russian legislation.
10. Dispute resolution. Claim procedure pre-trial settlement of disputes is mandatory for the parties. IN judicial procedure disputes are resolved in accordance with Russian legislation.
11. Force majeure. The content of the clause depends on the conditions under which the contract for responsible storage of equipment is concluded.
12. Other conditions. The content of the clause depends on the conditions under which the contract is concluded.
13. List of applications.
14. Addresses and details of the parties.
15. Signatures of the parties.

Additional documents to the standard sample agreement for responsible storage of equipment

You can fill out and download the agreement along with the attachments:

• Certificate of acceptance and transfer of goods and materials taken for storage;
• Certificate of return of goods and materials put into storage;
• List of things to be transmitted;
• Additional agreement;
• Protocol of disagreements;
• Protocol for reconciliation of disagreements.