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Storage Agreement

STORAGE AGREEMENT

(In accordance with Articles 561 and subsequent articles of the Turkish Code of Obligations)

1. Parties

1.1. Depositor (Owner/Donor):
Name/Title: [ ]
Turkish National Identity Number/Tax Identification Number: [ ]
Address: [ ]
Email/UETS: [ ]
Phone: [ ]

1.2. Storage/Warehouseholder:
Name/Title: [ ]
Turkish National Identity Number/Tax Identification Number: [ ]
Address: [ ]
Email/UETS: [ ]
Phone: [ ]
(Mersis/Trade Registry Number: [ ])

The parties will be referred to collectively as “the Parties” and individually as “Party”.

2. Definitions

  • Items Subject to Storage (Items): Movable assets listed item by item in Annex-1 Inventory Form, along with their natural/process-related waste (e.g., accessories, spare parts).

  • Storage Location: The warehouse/room/section located at the address of the Storer, in the district of … province, with security and climate control conditions defined in Annex 2.

  • Service Level Agreement (SLA): Technical parameters such as temperature, humidity, access hours, CCTV, and alarm (Appendix 2).

3. Subject and Basis

3.1. The subject of this contract is the safekeeping of the Depositary's property in accordance with Article 561 and subsequent provisions of the Turkish Code of Obligations (TBK) and its return in its original condition. 3.2. This contract is by its nature a safekeeping (deposit) contract; the matters of care and liability, depending on whether it is paid or unpaid, are subject to the provisions of the TBK.

4. Type of Contract and Fee

4.1. (Choose)
a) Paid Storage: The monthly storage fee is [ ] TL + VAT and will be invoiced on [ ] of each month.
b) Free Storage: The parties agree that storage will be carried out free of charge.

4.2. Incidental expenses such as customs, transportation, loading/unloading, palletizing, packaging, special security, shelving, etc. , are the responsibility of the Custodian, and must be paid in advance. 4.3. In case of delay, legal default interest will be applied. The Custodian's right of retention pursuant to Articles 950 et seq. of the Turkish Civil Code is reserved (see Article 19).

5. Duration

5.1. The contract is valid for [start date] – [end date]/(indefinite period). In an indefinite term contract, the parties [30] days' prior written notice (see article 18).

6. Delivery and Inventory

6.1. Delivery the Annex-1 Delivery-Receipt/Inventory Form ; the quality, quantity, serial number, packaging condition, and any damage/missing items are clearly stated and may be recorded with photographs/videos.
6.2. The custodian visible defects at the time of delivery; any hidden defectsin writing.
6.3. The depositor shall clearly state if the goods hazardous, perishable, or subject to regulations (e.g., chemical, medical waste, precious metals) ; and shall provide the necessary permits and documents.

7. Preservation and Care

7.1. The custodian is obligated to protect the goods with care and to treat them with the same attention and care as if they were their own property (Turkish Code of Obligations, Articles 561 et seq.). Professional care is required for paid storage, while reasonable care is required for unpaid storage. 7.2. The goods shall be stored in a location conforming to the SLA (Annex 2) conditions; any changes shall be notified in writing beforehand. 7.3. The custodian may not use or transfer the goods to a third party; they may only store them. If a change of location is necessary due to compelling reasons, immediate notification shall be given.

8. Insurance

8.1. (Choose)
a) Depository Insurance: The goods are insured by the Depository with an all-risk/fire/flood/theft policy; a copy of the policy is sent to the Depositor.
b) Depository Insurance: The Depositor provides general liability for warehouse operation and fire/flood/theft coverage; the insurance is arranged in the interest of the goods .
8.2. Failure to obtain insurance requires the Depositor's intent/gross negligence to be assessed within the limits set out in the contract (see clause 16).

9. Visit and Inspection

9.1. The warehouse owner may visit the warehouse and conduct inventory/inspection during [weekdays 09:00–17:00] hours with reasonable prior notice. 9.2. Escort and PPE rules apply within the scope of security requirements.

10. Subcontracting and Deposit

10.1. The Custodian may not entrust the Goods to a third party without the written consent of the Depositor ; entrustment is possible in exceptional circumstances (such as emergency repairs, risk prevention), but immediate notification must be given and appropriate measures taken. 10.2. The Custodian's direct responsibility for its subcontractors continues.

11. Third-Party Claims

11.1. If any lien, attachment, precautionary measure , or third-party right is asserted on the property, the Custodian shall immediately notify the Depositary and take legally appropriate measures. 11.2. The Depositary undertakes not to cause harm to the Custodian in any legal disputes that may arise regarding the ownership and disposition of the property , and to provide the necessary information/documents

12. Privacy and Personal Data

12.1. The parties shall keep confidential all technical/commercial information obtained during the contract period.
12.2. Personal data Protection Law (KVKK) and relevant legislation ; the disclosure statement and data processing/storage policies (Annex-3) shall apply.

13. Prohibition of Use and Consequences

13.1. The Keeper shall not use or allow others to use; otherwise, they shall be liable for any resulting damage.
13.2. Any natural increases/fruits (if any) arising from the Item shall belong to the Depositor.

14. Risk and Disclosure

14.1. damage, loss, deterioration or imminent danger the Keeper shall immediately written notification and take reasonable measures to prevent further damage (duty of care in accordance with the Turkish Code of Obligations).
14.2. If urgent disposal/isolation is required for perishable/dangerous goods, procedures in accordance with the legislation shall be followed; the costs shall, as a rule, be borne by the Depositor.

15. Fees, Invoices and Taxes

15.1. The fee (if any) excludes VAT. Stamp duty and other taxes by the Parties on a legal basis; unless otherwise agreed, pay them.
15.2. The invoice objection period 7 days; invoices not objected to within this period shall be deemed accepted.

16. Responsibility and Limitations

16.1. The party concealing the without limit in cases of intent and gross negligence; in cases of minor negligence, [liability is limited to the value of the property/a separate compensation ceiling] .
16.2. Agreements waiving liability related to intent and gross negligence are invalid (Turkish Code of Obligations, Article 115).
16.3. Indirect/consequential damages (loss of profit, etc.) are excluded; mandatory legal claims are reserved.

17. Force Majeure

17.1. Unforeseeable and unavoidable events such as natural disasters, epidemics, war, strikes/lockouts, and widespread infrastructure disruptions are considered force majeure. 17.2. The affected party shall notify the event within 48 hours and make reasonable efforts to mitigate its effects; the performance period shall be postponed for the duration of the event.

18. Termination, Discontinuation and Suspension

18.1. In an indefinite term contract, either Party [30] days in advance.
18.2. Immediate termination for just cause is possible in the following cases:
(a) Serious and irreparable breach of contract,
(b) Delay in payment of wages exceeding [30] days,
(c) Bankruptcy/bankruptcy postponement/receiver, actual cessation of operations,
(d) Discovery that the goods are contrary to legislation/dangerous.
18.3. The return procedure (Art. 20) shall apply in case of termination.

19. Right to Retention and Security

19.1. The custodian may exercise a right of lien on the property pursuant to Articles 950 et seq. of the Turkish Civil Code until the storage fee and expenses are paid. 19.2. If the right of lien needs to be converted into a monetary penalty, the relevant legislation (provisions of the Enforcement and Bankruptcy Law and general provisions) shall apply.

20. Return Procedure

20.1. The custodian requests a return by scheduling an appointment [at least 3 business days] in advance. 20.2. The return is carried out by checking identity/power of attorney and authorization, and counting according to the Inventory in Appendix 1 ; a Return Report is prepared. 20.3. The custodian is obligated to return the items under the same conditions ; excluding ordinary wear and tear/contamination. 20.4. In case of delay by the custodian, an additional storage fee/surcharge will be charged.


21. Notifications and Communications

21.1. The addresses of the parties are suitable for service of process; notifications sent to the old address shall be deemed valid unless changes are notified in writing . 21.2. UETS/Registered E-mail, wet signature, secure e-signature, and notary channels are essential methods of service of process.

22. Dispute Resolution and Jurisdiction

22.1. In disputes subject to mandatory mediation, an application for mediation must be made first. 22.2. Competent and authorized court: Istanbul Central (Çağlayan) Courts and Enforcement Offices (if there is no definitive jurisdiction agreement, the phrase "competent courts" may be preferred). (Alternative) The parties may agree to final and binding arbitration via [ISTAC/Arbitration] (details of location, language, number of arbitrators, duration, and provisional legal protection procedures will be specified).

23. Miscellaneous Provisions

23.1. Assignment: The parties may not assign their rights/obligations arising from this contract without written consent.
23.2. Severability: If one provision becomes invalid, the remaining provisions shall remain in effect.
23.3. Amendment: Amendments are only valid if they are in writing.
23.4. Evidence Agreement: The parties agree, in accordance with Article 193 of the Code of Civil Procedure, to commercial ledgers, e-mails, UETS (Electronic Data Transfer System), KEP (Registered Electronic Mail), logs, and CCTV recordingsas evidence.
23.5. Applicable Law: Turkish Law (Turkish Code of Obligations, Articles 561 et seq., Turkish Commercial Code, Articles 950 et seq., relevant tax/occupational health and safety/environmental and special legislation).

24. Entry into Force and Signatures

This agreement has been drawn up and signed in [ ] copies on [ ] date

Storing: ____________________ Storing: ____________________
Name/Title: [ ] Name/Title: [ ]
Date: [ ] Date: [ ]
Stamp-Signature Stamp-Signature


Appendices

  • Appendix 1: Delivery, Receipt and Inventory Form (item, brand/model/serial number, quantity, condition, photograph)

  • Appendix 2: Service Level Agreement (SLA) and Warehouse Conditions (temperature/humidity range, access hours, security; alarm/CCTV retention period; fire suppression; shelving/pallet standards; integrated pest control plan; monitoring-recording)

  • Appendix 3: GDPR Information Text and Data Processing/Storage Policy

  • Appendix 4: Fee and Expense Schedule

  • Appendix 5: Insurance Policy Summary (coverage/address/limits/exclusions)

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