Drafting Commercial Goods Warehousing Agreements on Behalf of Warehousers or Customers
Structuring Indemnity, Insurance, Limitation of Liability and Other Key Provisions to Minimize Risks and Liability Exposure
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide business counsel in drafting warehousing agreements for the storage of commercial goods on behalf of warehousers and customers. The panel will discuss best practices for negotiating key terms in warehouse agreements and receipts to minimize risks and liability exposure in the event of nonreceipt or misdescription of goods, delivery of goods to the wrong party, or failure to keep goods separate. The panel will also address how to deal with lien issues that commonly arise with stored goods.
- Key provisions in warehousing agreements
- Limitation of liability
- Force majeure
- Other key provisions
- Contract negotiation considerations and best practices
- For warehousers
- For customers
- Dealing with lien issues
- Demurrage Considerations
The panel will review these and other key issues:
- What are the key provisions that counsel should carefully negotiate when drafting warehousing agreements and receipts?
- What are some common contracting pitfalls with warehousing contracts and how can they be avoided or overcome?
- What are some best practices for addressing lien and other issues that often arise with stored goods?
- Under what circumstances might a warehouser also be classified as a shipper and what are the attendant risks of this classification?
John F. Horvath
Horvath & Weaver
Mr. Horvath represents public warehouse operators, motor truck carriers, motor brokers, freight forwarders and their... | Read More
Mr. Horvath represents public warehouse operators, motor truck carriers, motor brokers, freight forwarders and their insurers on warehouse and transportation claims and lawsuits involving a multitude of issues including inventory shortages and multimillion dollar fire and theft losses. He prepares and negotiates storage agreements and transportation agreements and authored the standard terms and conditions which are currently approved by the International Association of Refrigerated Warehouses. He is a frequent lecturer on warehouse legal liability and cargo legal liability risks and insurance coverage.Close
Mark D. Kimball
Mr. Kimball's practice is concentrated on corporate and real estate transactions, commercial litigation, business... | Read More
Mr. Kimball's practice is concentrated on corporate and real estate transactions, commercial litigation, business operations, and state, federal, and international tax law. He has litigated issues involving demurrage fees. He advises clients on a variety of tax issues related to business operation matters, structuring tax-advantaged transactions, and he serves as a consultant to other lawyers and firms on corporate, LLC, and tax matters.Close
Joel F. Murray
Mr. Murray's practice focuses on commercial litigation, demurrage law, administrative law, land use litigation and... | Read More
Mr. Murray's practice focuses on commercial litigation, demurrage law, administrative law, land use litigation and liquor law. He represents clients in matters related to transportation law issues, complex litigation, regulatory and administrative law and rulemaking, employment law, municipal law, and tax law. He successfully settled a lawsuit for demurrage fees.Close