Section 13 in The Rajasthan Warehouses Rules, 1960
13. Condition for storage.
(1)Tender for storage - (a) All goods for storage shall be delivered at the warehouse property marked and packed for handling. The depositor shall furnish at or prior to such delivery a manifest showing marks, brands or sizes to be kept and accounted for separately and the class of storage desired; otherwise the goods may be stored in bulk or assorted lots at the discretion of the warehouseman and will be charged for accordingly.(b)The word "lot" as used herein means the unit or units of goods for which a separate account is to be kept by the warehouseman. Delivery of all or any units of a lot shall be made without subsequent sorting except by special arrangement and subject to a charge.(c)The warehouseman undertakes to store and deliver goods only in the packages in which they are originally received, unless otherwise provided by arrangement in writing between the depositor and the warehouseman.(2)Storage Charge. - (a) Unless otherwise provided all goods will be stored and all charges including storage and insurance charges shall be made on a month to month basis.(b)(i)If the warehouseman after a reasonable effort is unable to sell the goods, he may dispose them of in any manner he may think fit, and shall incur no liability by reason thereof.(ii)The warehouseman shall from the proceeds of any sale made pursuant to this Rule satisfy his lien and shall hold the balance in trust for the holder of the receipts.(3)Delivery requirements. - (a) Instructions for delivery or transfer of goods shall always be in writing and signed by the depositor or his authorised agent.(b)When a negotiable receipt has been issued on goods covered by that receipt shall be delivered unless the receipt properly endorsed is surrendered for cancellation or for endorsement of partial delivery therein.(c)Should a negotiable receipt be lost or destroyed, goods covered by it shall not be delivered until the person lawfully entitled to possession of goods obtains and surrenders a duplicate receipt. The duplicate will be issued on such terms and conditions and on furnishing a bond to indemnity a warehouseman against any liability as provided under the Act and the Rules.(4)Liability. - (a) The Warehouseman undertakes to exercise reasonable care and diligence required by the law for keeping the goods.(b)The warehouseman's liability is limited to the value of goods on the date of deposit.(c)Perishable goods or goods which are susceptible to damage through temperature changes shall be accepted only at owners risks for such damage as might result from general storage conditions.(d)The depositor of goods shall examine the contents of goods at the time of taking delivery and shall give notice in writing with full particulars of the loss or damage if any caused to the goods to the warehouseman forthwith, or give notice within 24 hours of his examining and defer taking delivery of the goods, till then. A copy of the notice shall also be sent to the prescribed authority. No claim against the warehouseman shall be valid if such notice of loss or damage has not been given by the depositors as aforesaid.Notice for claim of damages shall be given to the warehouseman by the depositor in case he (depositor) comes to know of the damage while the goods are in the warehouse within 24 hours of such knowledge or at the time of delivery whichever is earlier.(e)The warehouseman shall not be responsible for the usual and customary shrinkage in weight.(f)The quality, condition, value and contents of goods are known to the warehouseman except when specifically mentioned in the warehouse receipt.(5)Schedule of Charges. - Whenever provision is made in these contract terms and conditions for a charge or charges by the warehouseman such charge or charges will conform to the warehouseman's tariff in effect at the time the charge accrues or the service is performed.The schedule or tariff to be charged shall be that approved by the prescribed authority.All goods stored shall be insured in the prescribed manner.When goods are transferred from one room to another or from one warehouse to another at the request of the depositor a charge for handling will be made.The warehouseman may also transfer at his own expenses without notice, any goods in storage from one room to another in the warehouse provided transfer involves no change in the class of storage.Charges for handling, loading, unloading, and extra service rendered in the interest of the depositor are to be paid for by the depositor of goods in addition to the usual warehouse tariff.
