The Norwegian Freezer Association's storage conditions, which were first adopted by the association's members in 1952, can be used by the parties to regulate the legal relationship between the freezer as lessor, and the goods owner, or a third party representing the goods owner, as lessee.
 

The storage conditions have been in general use for temperature-controlled storage ever since they were first published. The rules are in good agreement with similar standard conditions in other countries and in related areas, such as transport.

Provisions on food products and raw materials are found in the public food legislation and a significant number of different regulations. These rules provide, among other things, provisions on hygiene conditions and temperature requirements, which also apply to freezers.
 

The freezer's liability for goods according to these delivery conditions is limited, in relation to the liability that would result from general legal rules. Among other things, the goods owner must ensure that the goods are insured throughout the storage period. This must be seen in connection with the economic advantage that the goods owner obtains through more favorable storage rent.

 

§1 DEFINITIONS

a) Square meter storage exists when the customer rents a given area of ​​storage space, and pays storage rent per m².

b) General cargo storage exists when the customer rents storage space for a given quantity of goods, and pays storage rent per unit or per kg.

c) Insertion includes receipt of the goods at the freezer's reception area, entry into the freezer room and storage there.

d) Withdrawal includes selection, collection, exit from the freezer room and delivery to the freezer's delivery area.

e) Freezing includes receipt of the goods, entry into the freezer room, lowering the temperature of the goods to the agreed level, and exit from the freezer room.

f) Freezing storage includes all storage in rooms where the goods are stored in a deep-frozen state at -18°C or colder

g) Refrigerated storage includes storage in a refrigerated room, without the goods freezing, at a maximum of +8°C.

 

§2 REQUIREMENTS FOR THE GOODS

Goods submitted for storage must have hygiene standards in accordance with Norwegian legislation and regulations.

The goods must be clearly marked when placed in such a way that they can be identified by the freezer.

The goods must be properly packaged when placed in accordance with provisions in law and regulations.

The freezer has the right to refuse the placement of goods that are flammable, explosive, corrosive, or have properties of a similar nature, including properties that do not comply with Norwegian laws and regulations for hygiene.

The freezer also has the right to reject goods that, through odor, secretion, evaporation, or in any other way, may damage the buildings with associated facilities, or other goods. The tenant is strictly liable for damage caused by the properties and nature of the goods.
 

The freezer has the right to remove goods placed in violation of the above provisions at the tenant's expense and risk. The tenant must be notified in advance as far as possible.

 

§3 USE OF STORAGE SPACE

Storage shall be carried out in such a way that good hygiene requirements are met.
 

Storage space shall not be used for anything other than the agreed storage. Subletting is only permitted with written consent from the freezer, which must be obtained in advance.
 

The tenant is obliged to comply with the freezer's operating routines, including set opening hours, storage density and storage heights. In the event of necessary deviation from these routines, the tenant must obtain the freezer's approval in advance.
 

At the end of storage, the tenant is obliged to leave the storage space cleaned and tidy and in the same condition as when it was put in. During the storage period, the storage space shall be kept clean and in good order at all times. If the tenant does not comply with these provisions, the freezer has the right to arrange for repairs, clearing and cleaning at the tenant's expense.
 

The freezer's staff shall have access to all storage spaces at all times.

 

§4  CALCULATION OF AREA AND WEIGHT

a) When storing square meters, the area is calculated as measured inside along the walls of the room, without deduction for evaporators or other refrigeration equipment, columns, or loose devices otherwise. If the lease applies to parts of a room, rent must also be paid for the area required for access.
 

b) When storing general goods, the weight at the time of insertion is taken as the basis. If the goods are packed in standardized units, the nominal weight declared in the standard is taken as the basis. When inserting, the tenant is obliged to provide a weight statement to the freezer.

 

§5 FREEZING, INSERTING AND WITHDRAWAL

Freezing, inserting and withdrawing are not directly included in the storage service, and must therefore be agreed and advised for each individual case, so that the freezer can achieve satisfactory planning and preparation of the work.

 

§6 INSURANCE

The freezer does not insure goods during storage, or under other care from the freezer. The tenant must arrange such insurance himself. This applies to both fire, theft and other risks. The tenant must bear all insurance costs himself.

The same rules as for stored goods apply to goods delivered for freezing.

 

§7 TEMPERATURE

The freezer is obliged to keep the temperature in any warehouse covered by the agreement within the limits set in relevant laws and regulations.
 

Within the limits that are physically possible in the warehouse, the parties may agree in writing that the tenant's goods shall be stored under special conditions, including special requirements for temperature, humidity and other measures. If the tenant places goods that have special storage requirements, among other things because they are particularly susceptible to deterioration, the freezer must be notified in writing of this, at the latest at the time of placement.
 

The tenant is not entitled to place goods in the freezer that are not frozen. If this nevertheless happens, the freezer has the right to carry out the freezing and demand special compensation for this.

 

§8  MOVING GOODS IN STORAGE

The freezer store has the right to move stored goods internally in the facility.
 

Goods that are moved shall not be exposed to the risk of odor or taste deterioration, or other deterioration as a result of storage with other goods.

 

§9  PAYMENT OF RENT

The rental amount is due as follows:

a) Storage rent is paid in advance per term. Unless otherwise agreed, the rental term is 1 week. Rent is calculated per term for each term that has begun.

b) In the case of square meter storage, rent is paid for the entire rented area, calculated according to § 4 above. This applies regardless of the extent to which the tenant uses the area.

c) In the case of general cargo storage, the first term is paid when the goods are placed in storage. For the part of the goods that still depends on the warehouse at the end of a term, rent is paid for the subsequent terms.

d) Compensation for freezing is due when the goods are frozen.

§10  INTEREST

After maturity, interest is charged in accordance with the Act on Interest for Late Payment.

 

§11  LIEN AND RIGHT OF RETENTION

The freezer has a lien and right of retention in all stored goods and all goods that are in transit performed by the freezer, for any claim arising from the storage, freezing, or other services that the freezer is to perform under the contract. The right applies to both due and undue claims, which arise as a result of the lease agreement, these storage conditions, or otherwise. The right thus applies to all goods that are under the freezer's control, whether they are in storage or in transit. The right applies regardless of who owns the goods, or whether the goods change ownership. The right also includes claims that refer to goods that have been shipped and are outside the freezer's control.
 

To cover claims that are secured by a lien or right of retention under this provision, the freezer has the right, without notice to the tenant or owner, to sell the goods in the manner that the freezer deems appropriate.

§12 PACKAGING AND WASTE

The tenant is obliged to ensure that the goods are packaged in accordance with public regulations and otherwise in a responsible manner in accordance with generally accepted standards.
 

The freezer has the right to arrange for the repair of packaging that is damaged, without giving prior notice of this. Such repair is at the tenant's or the owner's expense. The freezer is only obliged to carry out such repair if the tenant has ensured that materials are available in the warehouse to carry out the repair.
 

The freezer is not responsible for the accuracy of the weights stated, or for weight loss.
 

The freezer is not responsible for shortages if the packaging is defective.

 

§13  LIMITATION OF THE FREEZER'S LIABILITY

The freezer is only liable for damage to goods in the freezer's custody if the freezer is at fault, or someone for whom the freezer is responsible.
 

The freezer is not liable for damage caused by force majeure. The same applies to damage resulting from public regulations, interruption of the supply of water and electricity, or other circumstances that significantly hinder the freezer's operation.
 

The freezer expressly disclaims liability for damage caused by fire, even if the fire is caused by negligence or intent by someone for whom the freezer is responsible.
 

The freezer's liability is in all cases limited to a maximum of the value of the goods that are damaged or lost. The value is calculated according to the purchase price at the time the damage is discovered, with the addition of costs incurred on the goods in connection with storage and the freezer's assignment.

 

§14  THE FREEZER’S DUTY TO INFORM AND CARE FOR GOODS

If goods in the freezer’s custody are damaged or lost, the freezer must notify the tenant without undue delay. The freezer must also inform the tenant of a fire or other event where there is a risk of damage to the goods.
 

The freezer is obliged to take measures to limit damage. Unless the freezer is responsible for the damage, the costs of such measures must be covered by the tenant, who also bears the risk. This also applies if measures taken subsequently prove to be based on an incorrect assessment.

 

§15  THE TENANT’S DUTY TO INVESTIGATE AND COMPLAINT. LIMITATION.

Claims for compensation or other claims against the freezer must be made in writing without undue delay. If this is not done, the claim is lost. This does not apply, however, if the claim is based on damage caused by intent or gross negligence on the part of the freezer, or someone for whom the freezer is responsible.
 

The limitation period for claims for compensation regarding goods is one year, calculated from the date of removal, or the time when the goods were lost.
 

When removing goods, the tenant is obliged to ensure that the goods that are delivered are properly examined. The freezer is not liable for losses that could have been avoided by such examination.

 

§16 TERMINATION

Both the cold storage facility and the tenant may terminate the storage agreement at the end of the next rental period. The notice period shall, however, be at least 14 days.
 

One of the parties may unilaterally terminate the storage agreement with immediate effect if the other party or its employees have acted in violation of the terms of the agreement or common practice in the industry, intentionally or through gross negligence. This also applies if the other party is in danger of going bankrupt or being declared bankrupt.

 

§17 DEFAULT

Upon the expiration of the storage period, or in the event of material default on the part of the tenant, the tenant is obliged to collect the stored goods immediately after notice from the cold storage facility.

Failure to pay storage rent when due is in all cases considered a material default.
 

The obligation to pay storage rent exists as long as the goods are in the cold storage facility's custody.
 

If the tenant does not arrange for collection of the goods, the cold store has the right to sell them according to similar rules as in § 11 above.

 

§18 RELATED TERMS

In addition, the general provisions of NSAB, the Nordic Forwarders' Association, apply.

(First adopted in 1952 with later amendments and new decisions in 1955, 1978 and 1992. Last revised in 1995).