Warehousing
Besides claims as a consequence of shortages, loss of and/or physical damage to goods, we also address questions regarding warrants and warehouse receipts and the related financing.
In case of damage, it is of the utmost importance whether the warehouse is able to invoke its general terms and conditions, such as the Dutch storage conditions of the Nederlandse Organisatie voor Expeditie en Logistiek (FENEX condities) or the Warehousing Conditions Amsterdam-Rotterdam 2006.
Storage concerns all type of goods, such as (semi-)manufactured goods, but also commodities, such as metals, chemicals and soft commodities (grains, cocoa, sugar, oils and fats) and pharmaceuticals.
A frequent question is whether the warehouse has a right of pledge or a retention right on the stored goods that, during storage, have been sold to third parties whilst the original depositor has gone bankrupt. In such cases, the specialists with Van Traa advise on the applicable law to the question whether the warehouse has a right of pledge or a retention right, also with regard to conflicting rights of recourse of banks or suppliers that still have to receive their payment.
They also negotiate on behalf of clients about storage contracts with possibly include ‘value added services’ and service level agreements (SLA’s).