34 CONVEYANCING, DRAFTING & DEEDS [Ch. 33
received by the bailee in advance, in addition to the goods bailed, the document
shall be stamped as a ?Receipt? under Art. 53, Sch. I to the Stamp Act.
A contract of bailment, even if executed on a Stamp paper, does not require
compulsory registration under the Registration Act, 1908.
Agreement for Bailment of goods with general liabilities of
Bailor and Bailee
THIS AGREEMENT is made on………… day of………….. BETWEEN [bailor] of
[address, etc.] [or having its registered office at [address] (hereinafter called the
BAILOR, which expression shall where the context so admits include the Bailor?s
successors in title) of the ONE PART AND [bailee] of [address, etc.] hereinafter
called the BAILEE of the OTHER PART.
WHEREBY IT IS AGREED as follows:?
1. The Bailor shall deliver to the Bailee the goods as described in the schedule
below and the Bailee shall keep the said goods as bailment for the period of six
months from the date hereof or for such period as may be agreed between the
parties hereto upon such terms and consideration as hereinafter appearing.
2. The Bailor shall pay to the Bailee a sum of Rs…….. (Rupees………..) only
per month or part of a month as a consideration for such bailment and the amount
shall be payable in advance by the third day of every month on which it shall
3. The Bailor declares that (a) he is the owner of the goods specified in the
schedule hereto and such goods are free from charges, encumbrances or claims
by any person that the Bailor is entitled to make this bailment or to receive back
the goods bailed or to give directions respecting them; (b) the particulars of the
goods and the other information set out in the schedule to this agreement are
correct in every respect; (c) the goods specified in the schedule to this agreement
are in good order repair and condition as regard their fitness and merchantable
quality and comply in all respects with the requirements of the law for the time
being in force in regard to their possession, storage or preservation; (d) the Bailor
is not aware of any faults or defects in the goods bailed which may materially
interfere with the use of them or may expose the bailee to extraordinary risks.
4. In the event if any of the above representations being false (whether the
falsity was known to the bailor or not) a loss to the Bailee shall be deemed to
have occurred for the purpose of clause 5 of this agreement on the date upon
which the goods bailed were delivered by the Bailor to the Bailee and the Bailee
shall be entitled to avail himself of all or any of the remedies provided by the said
clause No.5.5. (1) The Bailor shall on demand indemnify the Bailee against all loss or
damage which the Bailee may sustain under or as a result of this bailment
whether or not such loss or damage results from the commission of any breach
by the Bailor and whether or not the Bailee has any legal right to claim against
the Bailor for such loss or damage or has availed himself of his legal remedies
against the Bailor or the goods bailed and the Bailor shall be liable to pay the
amount of such loss or damage to the Bailee immediately the same occurs.
(2) For the purpose of this agreement the Bailee?s loss shall be deemed to
have occurred as provided by clause 4 hereof or upon termination or upon the
Bailor making default for fourteen days in payment of any sum due under the
agreement whichever of the above events shall first occur.
PROVIDED that where the Bailee has, in exercise of his lien and claim, sold
the goods upon notice to the Bailor, credit shall be given for the net proceeds
of sale (after deducting the costs of storage, insurance and sale and after
adjustment of all other sums due under this agreement) in computing the loss.
PROVIDED FURTHER that the bailee shall not be under any liability to the
Bailor to re-deliver the goods bailed nor shall incur any liability to the Bailor if
the goods bailed are destroyed and are no longer in existence or a valuable to
be repossessed where the Bailor deliberately failed to disclose to the Bailee the
defaults in the goods bailed, of which the Bailor was aware, and which has
exposed the Bailee and the goods bailed to extraordinary risks and danger or
when the goods bailed are in danger of perishing or of losing greater part of its
value the Bailor fails and neglects to take delivery of the goods in spite of a notice
given upon him by the Bailee to this effect.
6. The Bailee covenants with the bailor as follows:?
(1) Immediately after signing of this agreement the Bailee shall insure the
goods bailed at the cost of the Bailor and keep the same insured during the
continuance of this agreement against loss or damage by accident fire and theft
to the full replacement value thereof with some insurance company to be
approved by the Bailor.
PROVIDED HOWEVER that the Bailee can recover the full value of the goods
insured but in that event he will have to account to the Bailor retaining so much
as covers his own expenses and will be a trustee for the balance.
(2) The Bailor shall take as much care of the goods bailed to him as a man
of ordinary prudence would, under similar circumstances take of his own goods
of the same bulk, quality and value as the goods bailed and shall not convert
even by stealing by a third party3
nor shall intentionally do in relation to
the goods bailed, any act with the Bailor?s right of property therein4
PROVIDED FURTHER that the Bailee, in the absence of any special contract
to the contrary, shall not be responsible for the loss, destruction or deterioration
of the goods bailed, if he has taken the amount of care for the goods bailed as
described in this clause.
Ch. 33] BAILMENT?FORMS 3536 CONVEYANCING, DRAFTING & DEEDS [Ch. 33
(3) The Bailee shall return the goods, bailed, or deliver them according to the
Bailor?s directions without any demand being made by the Bailor, as soon as
the time for which they are bailed shall expire or the purpose for which they are
bailed shall be accomplished and if the Bailee shall fail to deliver or tender the
goods bailed at the proper time he shall be responsible to the Bailor for any loss,
destruction or deterioration of the goods bailed from that time.
1. Hepburn v Tomlinson (Hanbers Ltd.) (1966)2 W.L.R. 456, 457.
2. Bengal N.W.R.Co. v Bansidhar AIR 1926 Orissa 218.
3. Narasimha Swami (Rangarajan) v Muthukrishna AIR 1962 Mad 244.
4. Morris v martin & Sons Ltd. (1965)3 W.L.R. 276, 288.
5. H.K. Ray Governor General in Council (1949) CWN 406: AIR 1949 Cal 591.
PROVIDED HOWEVER, if it shall subsequently transpire that the Bailor has
no title to the goods bailed, but the Bailee in good faith delivers them back to,
or according to the directions of the Bailor the Bailee shall not be responsible
to the actual owner of the goods in respect of such delivery.
(4) If the Bailee makes any use of the goods bailed contrary to the terms
of bailment then and in such an event he will be liable to the Bailor for any damage
caused to the goods during such default.
(5) If the Bailee, without the consent of the Bailor, mixes the goods bailed
with his own goods in such a manner that it is impossible to separate them and
deliver them back to the Bailor, the Bailee will be responsible to the Bailor for
the loss of the goods bailed caused thereby.
PROVIDED HOWEVER, where the goods so mixed without the consent of the
Bailor can be separated or divided, the property in the goods shall remain in the
parties respectively, but the Bailee shall be responsible to the Bailor for the
expenses of separation or division so made and also for any loss or damage
arising from the mixture.
PROVIDED FURTHER where the goods are so mixed by the Bailee with the
consent of the Bailor, the Bailor and the Bailee shall have an interest in proportion
to their respective shares in the mixture so produced and the Bailee shall not
be responsible to the Bailor for any loss or damage arising from such mixture.
7. In the event of default in making payment by the Bailor to the Bailee in
accordance with the terms if this agreement, the Bailee shall be entitled to serve
a notice to the Bailor expressing his intention to recover the dues by selling the
goods bailed if the Bailor shall fail to settle the claim within fifteen days from the
date of such notice and in the event of failure or refusal by the Bailor to comply
with the said notice the Bailee shall be competent to make such sale and
appropriate the sale proceeds towards adjustment of his claim and make refund
of the balance amount, if any, to the Bailor.
8. This agreement is terminable by either party by giving a week?s notice and
upon such termination the expenses and consideration as might be accrued and
payable to the Bailee shall be apportioned accordingly.
PROVIDED HOWEVER this agreement shall become voidable at the option ofthe Bailor, if the Bailee shall do any act with regard to the goods bailed,
inconsistent with the conditions herein contained.
Schedule of Property Above Referred to:
IN WITNESS etc.
Agreement between Manufacturer, Purchaser and
Warehouseman under which Warehouseman acts as
Bailee of goods sold
THIS AGREEMENT made and entered into this………… day of………. 20…
BETWEEN ABC Ltd. (Manufacturing Company), a Company incorporated under
the Companies Act, 1956 having its registered office at…….. hereinafter called
?the Manufacturer? XYZ Ltd. (Company). Company also incorporated under the
Companies Act, 1956 and having its registered office at……. hereinafter called
?the Customers; and P .Q.,of…….. hereinafter called ?the Bailee?, Witnesseth: that,
WHEREAS the Customer has contracted to purchase from the Manufacturer
in an agreed amount, and desires to purchase additional (goods) from time to
time in the future, to be paid for ?cash on delivery?.,
AND WHEREAS the Customer wishes said (goods) delivered to it in small
quantities from day to day as the needs of its business may require, and to be
relieved from the necessity of taking and paying in advance for large shipments;
AND WHEREAS the Customer is indebted to the Manufacturer for (goods)
already supplied, for which it agrees to pay in the manner hereinafter provided;
NOW therefore, in consideration of the premises and of the mutual promises
and undertakings of the parties hereto respectively, it is hereby agreed and
declared as follows:
1. That Manufacturer will from time to time, pursuant to orders given by the
Customer, ship to its own order, at………, in such quantities as it may deem best,
with a view to supplying the needs of the Customer, of the kind and quality
contracted for or ordered by the Customer.
2. The Bailee will act as warehouseman for the Manufacturer, and as such
warehouseman will receive the goods so shipped by the Manufacturer, and will
safely and securely store the same in a warehouse to be provided by him and
to be approved by the Manufacturer, in……….., and will issue and deliver to the
manufacturer receipts for the (goods) as the same shall be received and stored
by the Bailee. The Customer, however, will pay all cartage and other expenses,
including the compensation of the Bailee, incurred in receiving, storing and
delivering the said (goods) as herein provided.
3. All (goods) as the same is received and stored by the Bailee, shall be
insured in such amounts and with such insurance companies as may be
satisfactory to the Manufacturer, the policies to be taken out in the name of the
Ch. 33] BAILMENT?FORMS 3738 CONVEYANCING, DRAFTING & DEEDS [Ch. 33
manufacturer and the loss made payable to it. The Customer agrees to pay the
premiums on said policies as they accrue.
4. It is distinctly understood and agreed that no delivery of the (goods) shall
result from the shipment and storage thereof as herein provided, and that the
Customer shall acquire no title to or interest in the (goods) so stored, but that
all of said (goods) shall be and remain the exclusive property of the manufacturer,
to be stored for its account and subject at all times to its control; and that no title
shall pass out of the Manufacturer or into the Customer by such delivery to said
Bailee, or otherwise, except in the manner hereinafter provided.
5. The Bailee agrees and undertakes:
(a) That he will act as warehouseman for the Manufacturer, and will not
assume any duties or obligations that will conflict with the performance
of his duties and obligations as such warehouseman.
(b) That he will take personal charge, possession and control of all (goods)
shipped under the terms of this agreement.
(c) That he will not permit the same to be mixed up with the property or
assets of said Customer.
(d) That he will keep the same in a building or enclosure under lock and
key, and that he will keep and maintain exclusive possession of such
(e) That he will place above or over such (goods), in a prominent place
so as to clearly identify the said (goods), a sign in large letters reading
as follows: ?The (goods) stored herein is the property of the ABC Ltd.
(Manufacturing Company), of…………… ?.
(f) That he will hold the said (goods) as Bailee in trust for the Manufacturer
and will deliver the same only as is provided for in this agreement, or
upon the written order of the Manufacturer.
(g) That when and so often as called upon by the manufacturer, he will
submit to it a complete and detailed statement, showing the amount
of Stock held in storage by him for the manufacturer and the amount
of Stock delivered by him pursuant to the terms of this agreement.
(h) That when called upon so to do, he will deliver all or any portion of the
(goods) to the Manufacturer or to such person, firm or company as the
manufacturer may direct.
6. The Customer shall have the right from day to day and time to time to take
and receive in such quantities as may be sufficient to meet its demands any
portion or all of said stored (goods), but only upon paying therefor, as hereinafter
provided, the agreed price of such (goods) as shown by memorandum of
invoices to be furnished by the manufacturer, plus………. per cent of such
purchase-price, which said………… per cent shall be credited upon the existing
indebtedness of the Customer to the Manufacturer until all of said indebtedness
shall be paid in full.Payment for said (goods) shall be made in the following manner:
(1) The Customer shall mail to the manufacturer its cheque or draft for the
amount of the (goods) to be delivered to it therefor, plus…….. per cent as
hereinabove set forth, together with a statement showing the quantity and kind
of (goods) to be delivered; and when any given quantity of (goods) shall be so
paid for and evidence of such payment submitted to the Bailee, he shall be
authorized to deliver such (goods) to the Customer.
(2) No (goods) shall be delivered to the Customer until full payment therefor
shall have been made in the manner herein specified.
7. The manufacturer shall at all times have control over the (goods) so stored,
and may take actual physical possession of the same through any of its officers
or agents whenever it desires to do so, and may, when it so desires, sell and
dispose of the (goods) so stored; but in the event it should do so, it shall reimburse
the Customer for any of the amounts paid out by it for cartage or other expenses
incurred in receiving and storing the (goods) so disposed of, as well as for the
insurance premiums paid for insurance thereon.
8. Contemporaneously with the execution of this agreement and as a part
thereof, the bailee has executed and delivered to the manufacturer a bond in
the penal sum specified therein and equal to double the value of the estimated
average quantity of (goods) to be held and stored by said Bailee, as herein
provided; conditioned to well, honestly and faithfully perform his duties as such
Bailee and otherwise as in said bond specified. This agreement to become
effective when said bond shall have been signed and delivered by the Bailee,
with a surety satisfactory to the Manufacturer, and when the same has been
accepted by the Manufacturer; the retention of said bond, with this agreement
to be evidence of such acceptance. The Bailee may from time to time, with the
consent of the Manufacturer, substitute for the bond so delivered and accepted,
another bond in a greater or smaller penal sum to correspond with any increase
or decrease in the value of the average quantity of (goods) held and stored by
the Bailee hereunder.
9. The Manufacturer does not hereby agree or obligate itself to ship or store
any particular quantity of (goods) or to accept any order or orders of the
Customer, but notwithstanding this agreement and the giving of said bond, may
at any time decline to ship and store any additional (goods) or to accept additional
orders from the Customer.
10. The term of this agreement shall be……… years from date; but the Bailee
shall not be relieved from his obligations hereunder and the bond given by him
shall not be exonerated until the Bailee shall have fully accounted to the
Manufacturer for all (goods) received by him; and notwithstanding the termina-
tion of this agreement according to its express terms, it shall be continued from
year to year unless one or the other of the parties shall give notice in writing to
the other two parties of his or its intention to terminate this agreement.
IN WITNESS WHEREOF , the parties hereto have hereunto set their hands and
Ch. 33] BAILMENT?FORMS 3940 CONVEYANCING, DRAFTING & DEEDS [Ch. 33
seals and executed and delivered these presents, in triplicate, the day and year
first above written.
1. 1. Signature for & on behalf of Manufacturing Co.
2. 2. Signature for & on behalf of Customer
3. Signature of the Bailee
Bond for Performance of above Agreement
KNOW ALL MEN by these presents:
That, we (Bailee) Company, as principal, and the…………. (Surety) Company,
as surety, are held and firmly bound unto ABC Ltd. Manufacturing Company, a
Company incorporated under the Companies Act, 1956, in the sum of Rs………
for which payment well and truly to be made we do bind ourselves firmly by these
Dated at……………… this.. …………… day of…………….., 20…
The condition of this obligation is such that, whereas, the said ABC Ltd.
(Manufacturing Company) (hereinafter called as ?Manufacturer?), has entered
into a contract with XYZ Ltd. Company (hereinafter called as ?Customer?), which
provides a plan in accordance with which the (goods) already contracted to be
sold by the Manufacturer to the Customer, and other (goods) which may in the
future by contracted to be sold by the said manufacturer to the said Customer
may be placed by the said manufacturer in the hands of its warehouseman
(hereinafter called as ?Bailee?), at………, to be stored and held by said Bailee as
the property of the said Manufacturer, and to be delivered and accounted for in
accordance with the provisions of said contract, which is dated……. day of…….,
20…, a copy of which contract is hereto attached and marked ?Exhibit A?.
NOW, if the said Bailee shall well, honestly, and faithfully preform and
discharge his duties as such Bailee for the said ABC Ltd. (Manufacturing
Company) and shall account for all property and all money which shall come
into his possession or under his control by reason of his employment, and shall
safely keep, protect, and hold the said property which shall be confided to him
as said Bailee, and shall not deliver the same except upon the written orders
of the said Manufacturer, or in accordance with the provisions of the foregoing
written contract, and shall assume and pay all loss, damage, or expense which
the said ABC Ltd. (Manufacturing Company) may sustain or incur through any
act, neglect, mismanagement, or default of said Bailee then, this obligation to
be void; otherwise to remain in full force and effect.
PROVIDED that any forbearance on the part of the said ABC Ltd. (Manufac-
turing Company) in respect to the neglect or failure of the said Bailee to faithfullyperform and discharge any or all of his duties as such Bailee or any extension
or extensions of time or times of said payments of money or deliveries of property,
or of any payment for said losses, damages and expenses, shall not in any
manner operate to release or discharge the said………….. (Surety Company)
from its liability under the above obligation.
This obligation is intended to cover only such (goods) as may be placed in
the custody of the said Bailee within one year from the date hereof; PROVIDED
HOWEVER, that this bond may be renewed from year to year by the payment
to the surety of an annual premium equal to that charged for the first year.
Signed and Delivered in the presence of:
Terms and conditions of Warehousing Agreement where
Bailee named as Warehouse Company and the
Bailor as Depositor
1. The liability of the warehouse company shall be limited by the withincontained
or annexed inventory and it shall not be responsible for any property not
2. The warehouse company shall not be responsible for destruction or loss
of or damage to any article contained in any furniture box or other receptacle
unless the same has been packed by its employees.
3. The liability of the warehouse company in respect of any one article or
package shall not exceed Rs……. except in the case of articles whose value shall
have been previously declared by the depositor and for which a further sum shall
have been agreed to be paid by the depositor to the warehouse company by
way of insurance. The amount of any such further sum and the minimum amount
of the liability of the warehouse company in respect of such articles shall be as
agreed in each case between the parties.
4. The warehouse company shall not in any event be responsible for any plate,
jewels, trinkets, pictures or other articles of artistic or other special value unless
the same are contained in a sealed package and particulars of the same and
of their monetary value shall have been given to the warehouse company before
the same are deposited.
5. Property deposited with the warehouse company may be insured through
the warehouse company at the request and cost and in the name of the owner
against destruction or damage by fire and other risks but the warehouse
company undertakes no liability for any destruction damage or loss however
caused unless due to the negligence or wilful default of the warehouse company
or its employee or agent.
6. No explosive or dangerous articles may be deposited without the previous
Ch. 33] BAILMENT?FORMS 4142 CONVEYANCING, DRAFTING & DEEDS [Ch. 33
knowledge and consent of the warehouse company and any such articles may
upon being discovered be destroyed or sold or otherwise disposed of as the
warehouse company shall think fit and the balance of any monies realised by
any such sale after paying the costs thereof and incidental thereto shall be
credited to the depositor?s account.
7. The warehouse company may refuse to deliver upto person the articles
deposited or any of them unless all warehousing charges hereunder accrued
due [and all other sums if any owed by the depositor to the warehouse company]
shall have been previously paid and a delivery order in writing (specifying or
identifying the goods to be delivered up and the person to whom they are to be
delivered up) signed by the depositor shall have been given to the warehouse
8. All claims in respect of loss or damage shall be notified to the warehouse
company in writing within……. days after the delivery of the goods to the depositor
or his authorised agent or after such loss or damage shall have come to the
knowledge of the depositor whichever shall be the sooner and any claims not
so notified within such time shall be deemed to be waived.
9. Warehousing charges do not include the cost of packing any articles or
the carriage thereof to or from the warehouse.
10. All warehousing charges are payable monthly [or as the case may be]
and all additional charges if any are payable with the next instalment of
warehousing charges to become due after the same are incurred.
11. Without prejudice to the ordinary rights of action of the warehouse
company against the depositor for breach of condition or any other condition
hereof, if any warehousing or other charge shall not have been paid within [one]
year after becoming due the warehouse company may upon giving to the
depositor [one month?s] notice in writing of its intention so to do unless all such
charges shall in the meantime have been paid, sell by auction any or all of the
articles of the depositor in its charge and for that purpose may open or break
open(without being liable for any damage unavoidably caused thereby) any box
or other package and the balance of the proceeds of any such sale after
deducting the costs thereof and incidental thereto shall be applied first in
satisfaction of all such charges and the residue shall be handed over to the
12. The depositor shall keep the warehouse company informed from time to
time of his address and of any change thereof. Any notice or communication
required to be given or sent by the warehouse company to the depositor
hereunder or in connection herewith shall be deemed properly given or sent if
delivered or sent by post addressed to the depositor at the last address of which
he shall have given notice to the warehouse company.
MEMORANDUM that the articles comprised in the within-contained or an-
nexed inventory the property of [depositor] of address, etc. (herein called the
depositor) are this day deposited with warehouse company at its warehouse at[address] upon and subject to the above conditions and that the depositor agrees
to pay to the [warehouse company] a charge of Rs……… per [month] (payable
as provided in the said conditions) for the warehousing of the said articles.
Dated the……………. day of…………… 20………
[Signature on behalf of warehouse company
and signature of depositor]
Cold Storage contract with usual covenants?The Bailee
being described as the Storage Company and the
Bailor as Owner
AN AGREEMENT made this………… day of………….. BETWEEN [storage com-
pany] having its registered office at…………… [address] (hereinafter called the
storage company) of the one part and [owner of goods] of…………… [address,
etc.] (hereinafter called the owner) of the other part.
WHEREBY the storage company agrees to receive and store in its cold store
situate at [address] the goods described in the schedule hereto (hereinafter
called the goods) subject to the conditions following and the owner agrees so
long as the goods shall be stored as aforesaid to pay a storage charge of Rs……..
per [month] payable [monthly] on the [first day of every month] a first proportion-
ate payment to be made on the [first] day of…………….., 20……
1. The storage charge does not include any charge for collection of the goods
or for their re-delivery when taken out of store.
2. The company shall store the goods as delivered unless the owner requires
that they shall be stored otherwise in which event the owner shall reimburse the
storage company for any extra expense incurred by any particular method of
3. The owner shall on or before delivery of the goods notify the storage
company in writing as to any goods of such a nature as to require special care,
giving an accurate description thereof and stating precisely all special precau-
tions necessary. Failing such notification the company shall be under no liability
in any event for the deterioration, loss, damage or destruction of such goods from
any cause whatever including negligence on the part of the storage company
or its employees or agents.
4. The storage company shall store the goods away from any article or things
which might be deleterious to them provided the nature of the goods is apparent
or is declared by the owner on or before delivery.
Ch. 33] BAILMENT?FORMS 4344 CONVEYANCING, DRAFTING & DEEDS [Ch. 33
5. The goods may be insured through the storage company at the request
and cost and in the name of the owner against destruction or damage by fire
[and other risks] but the storage company undertakes no liability for any
destruction, damage, or loss however caused unless due to the negligence or
wilful default of the storage company or its employee or agent.
6. The storage company may refuse to deliver up to any person the articles
deposited or any of them unless all charges hereunder accrued due [and all other
sums if any owed by the owner to the storage company] shall have been
previously paid and delivery order in writing (specifying or identifying the goods
to be delivered up and the person to whom they are to be delivered up) signed
by the owner shall have been given to the storage company.
7. All claims in respect of loss or damage shall be notified to the storage
company in writing within……… days after the delivery of the goods to the owner
or his authorised agent or after such loss or damage shall have come to the
knowledge of the owner whichever shall be the sooner and any claims not so
notified within such time shall be deemed to be waived.
8. The storage company may at any time require the owner to remove the
goods within……… days if any payment due to the storage company is unpaid
for……… days and upon his failure so to remove the goods within…….. days of
the service of notice by the storage company requiring him so to do the storage
company may sell the goods and defray its charges and expenses out of the
proceeds of sale. Any charges or expenses not so defrayed out of the proceeds
of sale shall be paid by the owner. The manner and conduct of such sale shall
be in the absolute discretion of the storage company. Any surplus on such sale
after satisfaction of all costs, charges and expenses of the storage company shall
be handed over to the owner or if he cannot be found held in trust for him but
shall not carry interest.
9. The owner shall keep the storage company informed from time to time of
his address and of any change thereof. Any notice or communication required
to be given or sent by the storage company to the owner hereunder or in
connection herewith shall be deemed properly given or sent if delivered or sent
by post addressed to the owner at the last address of which he shall have given
notice to the storage company.
10. This agreement may be terminated at any time by either party giving the
other party [one] month?s notice in writing and upon such termination the goods
shall be removed from store by the owner [and the storage company shall refund
to the owner a proportion of the storage charge corresponding to any unexpired
period for which such charge shall have been paid in advance]. [Until termination
as aforesaid the owner shall give [one] day?s prior notice of his intention to remove
any of the goods from store.]
AS WITNESS etc.6
Agreement to Store Furniture
THIS AGREEMENT, made this…………….. day of…………, 20…, BETWEEN…. ,
warehouseman, (hereinafter referred to as ?the Bailee?) AND……….. of …., owner,
(hereinafter referred to as ?the Bailor?).
WHEREAS said Bailee owns and operates warehouse at………. street, in the
city of…………… for the purpose of storing household goods and effects, and said
Bailor is desirous of a storing his household goods for an indefinite period.
NOW THEREFORE, in consideration of the payment of the stipulated sum of
Rs……….. per month by said Bailor, said Bailee hereby agrees to haul all said
household goods and effect from their present location at No…….. Street, in
said…………… city, to said warehouse and receive the said into storage, to be
stored in a room by themselves and to be deliverable to said Bailor or order upon
the payment of said sum above stipulated.
Said Bailee shall keep said goods insured against loss or damage by fire in
consideration of said payments.
It is expressly understood that the payments due from said owner shall be
a lien upon said property until paid, and that said goods shall not be moved until
said lien is fully discharged.
IN WITNESS WHEREOF , etc.
Wheat Storage Receipt
Warehouse No………… Official Bonded Warehouse Receipt No……………..
[city] ……………….. [state]…………., 20….
This is to certify that we have received and hold in storage Bulk Sacks,
[Tonnes], of Wheat and will deliver same to ABC Co. Ltd., or order, upon the
surrender of this receipt, and payment of charges and advances as indicated
PROVIDED, however, that the said grain is held at owner?s risk of fire, and is
subject to owner?s risk from unavoidable damage. The makers of this receipt will
not be responsible for weights or grades, it being mutually understood and
agreed that this wheat may be mixed or migled with other wheat of same grade
and quality and that any other wheat of same grade and kind may be delivered
in place of this wheat. This grain is accepted for storage upon condition that the
holder hereof or the depositor, shall demand the delivery of same not later than
following July 1 after date of this receipt.
Dockage [………………per cent]. Advance Rs…………. , [per cent]……………
Ch. 33] BAILMENT?FORMS 4546 CONVEYANCING, DRAFTING & DEEDS [Ch. 33
Handling charges Rs……….. per ton. Storage charges,…………. per cent per ton
per month or fraction thereof;………………. days from date received.
Partial deliveries noted on back of this receipt………………..
Statement of ownership and Encumbrances
The undersigned hereby certifies on the date stated that he is the owner [or,
authorized agent of the owner] of the grain covered by this receipt and that, other
than the warehouseman?s lien evidenced on the face of this receipt and the
following……………. there are no liens, mortgages, or other encumbrances on
Signature of Warehouse Keeper (Bailee)
Signature of Depositor (Bailor)
Warehouse Receipt No………….
Received from……………, for storage in the warehouse of ABC Ltd. (Bailee),
at……………….., …., at the owner?s risk of fire and unavoidable damage, the
No. Package Weight Description Location in
Weight Subject to Natural Shrinkage:
The above property will be delivered only upon the surrender of this receipt
properly endorsed and all charges paid. Partial deliveries must be noted on back
of this receipt.
All right of subrogation of recovery against the Port Trust, upon whose land
this warehouse is situated, or by whom sidetrack facilities are furnished, for loss
or damage by fire, injury or otherwise, is hereby specifically waived.
Handling charges @ Rs…………. per ton. Advances Rs………… Storage
charges, Rs… per ton per season.
Season storage on the produce covered by this receipt is due on ………,20…,
and if not paid on or before that date, ABC Ltd. is hereby authorized to sell, without
written notice to the owner, sufficient amount of said produce to cover the saidstorage charges, also sorting sacks and other necessary expense of marketing
the quantity sold. Should said produce not being sufficient to cover said charges
and expenses the owner hereby agrees to pay any balance. This agreement is
not intended to waive or supersede the warehouseman?s lien secured by law
as a Bailee.
Grain Storage Receipt
……………day of……….. 20…….
Received of………………, bushels of…………….., which has been received into
store, to be stored with grain of the same kind and grade by inspection, and is
deliverable to the order of said…………… upon the return of this receipt properly
endorsed, and the payment of proper charges. Said company is not to be liable
for loss or damage by fire or heating.
Receipt for Storage of Cotton Bales
Receipt for One Bale of cotton…………….., 20……. , No…….. Received of…….
Company, of…………… [city, state]………….., on the above date the below
described one bale of cotton: [here describe]. On the presentation and return
of this receipt to the warehouse above named and the payment of all charges,
said cotton will be delivered immediately to………….. or to………… order properly
endorsed on the back thereof.
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34 CONVEYANCING, DRAFTING & DEEDS [Ch. 33