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Warehousing Agreement Template for Switzerland

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Key Requirements PROMPT example:

Warehousing Agreement

I need a warehousing agreement for a third-party logistics provider to store and manage inventory for a period of 12 months, with provisions for monthly inventory audits, liability coverage for damaged goods, and a 30-day termination notice period.

What is a Warehousing Agreement?

A Warehousing Agreement sets out the terms for storing goods in a professional storage facility under Swiss law. This contract establishes how a warehouse operator will receive, store, and handle items on behalf of their client, covering everything from security measures to inventory tracking.

These agreements are crucial for Swiss businesses managing supply chains and typically include specific liability provisions under the Code of Obligations (OR/CO). They outline storage conditions, handling procedures, insurance requirements, access rights, and fees. Warehouse operators must comply with strict cantonal safety regulations and maintain proper documentation for stored goods, especially for regulated items like pharmaceuticals or dangerous materials.

When should you use a Warehousing Agreement?

Use a Warehousing Agreement when your business needs to store goods or materials at a third-party facility in Switzerland. This contract becomes essential for manufacturers outsourcing storage, retailers managing seasonal inventory, or companies requiring specialized storage conditions for temperature-sensitive products or dangerous goods.

The agreement is particularly important when dealing with high-value items, regulated products like pharmaceuticals, or when Swiss customs regulations require detailed documentation of stored goods. It helps protect both parties by clearly defining responsibilities around handling, security, insurance, and liability under the Code of Obligations, while ensuring compliance with cantonal storage regulations.

What are the different types of Warehousing Agreement?

  • General Storage Agreements: Standard contracts for basic warehousing needs, covering receipt, storage, and release of goods
  • Bonded Warehouse Agreements: Specialized contracts for customs-controlled storage areas, following strict Swiss customs regulations
  • Temperature-Controlled Storage: Detailed agreements for pharmaceutical products or perishables, including specific monitoring requirements
  • Dangerous Goods Storage: Enhanced contracts with additional safety protocols and liability provisions under Swiss hazardous materials law
  • Fulfillment Center Agreements: Comprehensive contracts combining storage with order processing and distribution services

Who should typically use a Warehousing Agreement?

  • Warehouse Operators: Swiss logistics companies or storage facilities that professionally store and manage goods for clients, ensuring compliance with cantonal regulations
  • Manufacturing Companies: Businesses needing external storage for raw materials, finished products, or seasonal inventory overflow
  • Legal Counsel: In-house or external lawyers who draft and review agreements to ensure alignment with Swiss commercial law
  • Insurance Providers: Companies offering coverage for stored goods and validating risk management provisions
  • Customs Officials: Government representatives monitoring compliance for bonded warehouses and international trade storage

How do you write a Warehousing Agreement?

  • Storage Requirements: Document specific storage needs, including space requirements, temperature controls, and special handling needs
  • Facility Details: Gather information about the warehouse location, security measures, and operating hours
  • Insurance Coverage: Determine required insurance levels and liability limits under Swiss law
  • Pricing Structure: Calculate storage rates, handling fees, and any additional service charges
  • Compliance Needs: List applicable cantonal regulations, especially for dangerous goods or regulated products
  • Access Protocol: Define who can access stored goods and what documentation they need

What should be included in a Warehousing Agreement?

  • Party Details: Full legal names, addresses, and registration numbers of warehouse operator and client
  • Storage Specifications: Detailed description of goods, quantity limits, and storage conditions
  • Service Terms: Clear outline of handling, inspection, and inventory management procedures
  • Liability Provisions: Risk allocation and insurance requirements under Swiss Code of Obligations
  • Payment Terms: Storage fees, additional charges, and payment schedules in Swiss francs
  • Duration & Termination: Contract period, notice requirements, and exit procedures
  • Dispute Resolution: Applicable Swiss law, jurisdiction, and arbitration provisions

What's the difference between a Warehousing Agreement and a Consignment Agreement?

A Warehousing Agreement differs significantly from a Consignment Agreement, though both involve storing goods. While warehousing focuses purely on storage services, consignment arrangements include the right to sell the stored items on behalf of the owner.

  • Ownership Structure: In warehousing, the goods remain clearly owned by the depositor, while consignment transfers possession and selling rights to the consignee
  • Payment Model: Warehouse operators charge for storage and handling, whereas consignees earn through sales commissions
  • Legal Framework: Warehousing falls under Swiss storage contract law (OR Art. 472-491), while consignment involves elements of both storage and agency law
  • Risk Allocation: Warehouse operators bear custody risks only, but consignees typically assume additional commercial risks related to product marketability

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