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Bailment Agreement for Indonesia

Bailment Agreement Template for Indonesia

A Bailment Agreement under Indonesian law is a legal document that establishes the terms and conditions under which one party (the bailee) temporarily takes possession of property belonging to another party (the bailor) for safekeeping purposes. Governed by the Indonesian Civil Code (KUHPer), particularly Articles 1694-1739, this agreement details the responsibilities for care, storage, and return of the bailed property. The document includes specific provisions for liability, insurance requirements, handling procedures, and dispute resolution mechanisms, all structured to comply with Indonesian legal requirements and business practices.

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What is a Bailment Agreement?

The Bailment Agreement serves as a crucial legal instrument in Indonesian business and personal transactions where temporary custody of property is required. This document type is essential when one party needs to entrust their property to another for safekeeping, storage, or maintenance purposes. The agreement, governed by Indonesian law and specifically regulated under the Indonesian Civil Code (KUHPer), establishes the rights and obligations of both the bailor and bailee, including the standard of care required, liability provisions, and conditions for the property's return. Bailment Agreements are commonly used in various contexts, from commercial storage and warehousing to personal property storage, art loans, and professional services involving temporary possession of client property. The document must comply with Indonesian legal requirements while providing clear terms for property handling, security measures, and risk allocation.

What sections should be included in a Bailment Agreement?

1. Parties: Identification and details of the bailor (owner/depositor of goods) and bailee (keeper of goods)

2. Background: Context of the bailment arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Subject Matter of Bailment: Detailed description of the property being bailed

5. Term of Bailment: Duration of the bailment period, including start and end dates

6. Duties and Responsibilities of Bailee: Obligations regarding care, storage, maintenance, and security of the bailed property

7. Rights and Obligations of Bailor: Responsibilities of the property owner, including any fees and access rights

8. Standard of Care: Level of care required in safekeeping the property

9. Return of Property: Conditions and procedures for returning the bailed property

10. Fees and Expenses: Payment terms for the bailment service if applicable

11. Liability and Indemnification: Allocation of risks and responsibilities for damage or loss

12. Termination: Circumstances and procedures for ending the bailment arrangement

13. Governing Law: Specification of Indonesian law as governing law

14. Dispute Resolution: Procedures for resolving any disputes between parties

What sections are optional to include in a Bailment Agreement?

1. Insurance: Required when valuable items are involved, specifying insurance requirements and responsibilities

2. Special Handling Requirements: For items requiring specific storage conditions or handling procedures

3. Security Measures: For high-value items requiring specific security arrangements

4. Sub-bailment: When permission for sub-bailment might be needed

5. Access Rights: For situations where the bailor needs regular access to the bailed property

6. Maintenance and Repairs: For items requiring regular maintenance during the bailment period

7. Reporting Requirements: When regular updates on the condition of bailed property are needed

8. Force Majeure: For longer-term bailments where unforeseen circumstances need to be addressed

What schedules should be included in a Bailment Agreement?

1. Schedule A - Property Description: Detailed inventory and description of bailed property, including condition reports and photographs

2. Schedule B - Fee Schedule: Detailed breakdown of fees and charges if applicable

3. Schedule C - Handling Procedures: Specific procedures for handling, storing, and maintaining the bailed property

4. Schedule D - Insurance Requirements: Details of required insurance coverage and terms

5. Appendix 1 - Condition Report: Detailed documentation of the property's condition at the time of bailment

6. Appendix 2 - Storage Location Details: Specifications of where and how the property will be stored

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions




































Clauses




































Relevant Industries

Logistics and Warehousing

Art and Antiquities

Retail

Manufacturing

Agriculture

Luxury Goods

Banking and Finance

Insurance

Museums and Galleries

Self-Storage

Transportation

Fashion and Apparel

Relevant Teams

Legal

Operations

Facilities Management

Risk Management

Compliance

Security

Logistics

Property Management

Contract Administration

Customer Service

Supply Chain

Asset Management

Relevant Roles

Warehouse Manager

Logistics Coordinator

Legal Counsel

Risk Manager

Operations Director

Facility Manager

Storage Operations Manager

Compliance Officer

Contract Administrator

Property Manager

Museum Director

Gallery Manager

Security Manager

Insurance Underwriter

Supply Chain Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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