STORAGE PERIOD AND CHARGES – Sec. 2
- (a) All goods are stored on a month to month basis. A storage month shall extend from a date on one calendar month to, but not including, the same date of the next month and all succeeding calendar months, expect as provides in paragraph 2(b)
- (b) All charges for storage are per package or other agreed unit per month. Expect as provided in the following paragraph, a month’s storage charge shall apply to goods stored for any fraction of a month. All charges for storage are due on the first day of the storage month.
- (c) When mutually agreed by the warehouseman and the depositor, a full month’s storage charge will apply on all goods received between the first and the15th, inclusive, of a calendar month; onehalf month’s storage charge will apply on all goods received between the 16th and last day, inclusive, of a calendar month; and a full month’s storage charge will apply to all goods in store on the first day of the next and succeeding calendar months.
TRANSFER TERMINATION OF STORAGE, REMOVAL OF GOODS – Sec 3
- (a) Instructions to transfer goods on the books of the warehouseman are not effective until delivered and accepted by him, and all charges up to the time transfer is made are chargeable to the depositor of record. If a transfer involves rehandling the goods, it will be subject to a charge. When goods in storage are transferred from one party to another through issuance of a new warehouse receipt, a new storage date is established on the date of transfer.
- (b) The warehouseman reserves the right to move, at his own expense of transfer, and upon notice sent by certified or registered mail to the depositor of record or to the last known holder of the negotiable warehouse receipt, any goods in storage from the warehouse in which they may be stored to any other of his warehouses; but if such depositor or holder takes delivery of his goods in lieu of transfer, no storage charge shall be made for the current storage month. The warehouseman may, without notice, move goods within the warehouse in which they are stored.
- (c) The warehouseman may, upon written notice to the depositor of record and to any other person known by the warehouseman to claim an interest in the goods, require the removal of any goods by the end of the next succeeding storage month. Such notice shall be given by delivery in person or by certified or registered letter addressed to the last known place of business or abode the person to be notified.
- (d) If warehouseman in good faith determines goods may be about to deteriorate or may constitute a hazard to other property or to the warehouse or persons, goods may be removed or disposed of by the warehouseman as provided by law.
HANDLING – Sec 4
- (a) The handling charge covers the ordinary labor involved in receiving goods at warehouse door, placing goods in storage, and returning goods to the warehouse door. The handling charge, unless otherwise specified, includes the unloading of regular box cars at warehouse door. Handling charges are due and payable on receipt of goods.
- (b) Labor of unloading goods from other than regular box cars will be charged to the depositor.
- (c) Any additional expenses incurred by the warehouseman in unloading damaged goods will be charged to the depositor.
- (d) Labor and materials used in loading rail cars or other vehicles are chargeable to the depositor.
- (e) The warehouseman, unless he has failed to exercise due care and diligence, shall not be responsible for demurrage, nor for delays in unloading inbound cars, nor for delays in obtaining cars for outbound shipments.
- (f) When goods are ordered out in quantities less than in which received, the warehouseman may make an additional charge for each order or each item of an order.
DELIVERY REQUIREMENTS – Sec 5
- (a) No goods shall be delivered or transferred expect upon receipt by the warehouseman of complete instructions properly signed by the depositor. However, when no negotiable receipt is outstanding, goods may be delivered upon instructions by telephone in accordance with a prior written agreement between the warehouseman and depositor and the warehouseman shall not be held responsible for loss or error occationed thereby.
- (b) When a negotiable receipt has been issued no goods covered by that receipt shall be delivered, or transferred on the books of the warehouseman, unless the receipt, properly endorsed, is surrendered for cancellation, or for endorsement of partial delivery thereon. If a negotiable receipt is lost or destroyed, delivery of goods may be made only upon order of a court competent jurisdiction and the posting of security as required by law.
- (c) When goods are ordered out, a reasonable time shall be given the warehouseman to carry out instructions, and if he is unable because of fire, acts of God, war, public enemies, seizure under legal process, strikes, lockouts, riots and civil commotion or causes beyond his control to effect delivery before expired storage dates, the goods will continue to be subject to regular storage charges.
EXTRA SERVICES (SPECIAL SERVICES) – Sec 6
- (a) Warehouse labor required for services other than ordinary handling and storage will be charged to the depositor.
- (b) Special services requested by the depositor including, but not limited to, compiling of special stock statements; reporting marked weights, serial numbers or other data from packages; physical check of goods; and handling transit billing will be subject to a charge.
- (c) Dunnage, bracing, packing materials or other special supplies, may be provided for the depositor at a charge in addition to the warehouseman’s cost.
- (d) By prior arrangement, goods may be received or delivered during other than usual business hours subject to a charge.
- (e) Communication expense including postage, teletype, telegram, or telephone will be charged to the depositor at cost if such concern more than the normal inventory reporting or if, at the request of the depositor, communications are made by other than regular United States mail.
MINIMUM CHARGES – Sec 7
- (a) A minimum handling per package or other agreed unit and a minimum storage charge per package or other agreed upon unit per month will be made.
- (b) A minimum monthly charge to one account for storage and/or handling will be made. This charge will apply also to each account when one customer has several accounts, each requiring separate records and billing.
LIABILITY – Sec 8
- (a) The warehouseman assumes no liability for any loss or injury to the goods stored which could have not been avoided by the exercise of reasonable care required by law of a reasonably careful man. Goods are stored at depositor’s risk of loss or damage by acts of God, seizure or other acts of civil or military authority, insurrection, riot, strike, or enemies of the government, for loss or damage resulting from inadequate packaging or wear and tear, or from any cause not originating in the warehouse or from any cause beyond the warehouseman’s control. Warehouseman shall not be responsible for loss or damage resulting from fire from any cause or sprinkler leakage, insect or rodent infestation, or any other cause, unless such damage results from his failure to exercise the degree of care required by law
- (b) Goods which are subject to damage through temperature or humidity changes or other causes incident to general storage will be received in general storage only at depositor’s risk for such damage as might result from general storage conditions.
- (c) Goods are not insured by the warehouseman against loss or injury however caused.
LIMITATIONS OF DAMAGES & CLAIMS – Sec 9
- (a) The depositor declares that damages are limited to actual value of goods stored or 25 x monthly storage whichever is less provided, however, that such liability may on written request of the depositor, within a reasonable time after receipt, be increased on part or all of the goods hereunder, in which event an increased monthly storage rate will be charged based on such increased valuation.
- (b) Claims by the depositor, and all other persons, must be presented in writing to the warehouseman within a reasonable time, and in no event longer than either 90 days after delivery of the goods by the warehouseman or 90 days after the depositor of record or the last known holder of a negotiable warehouse receipt, is notified by the warehouseman that loss or injury to part or all of the goods has occurred, whichever time is shorter.
- (c) No action may be maintained by the depositor or others against the warehouseman for loss or injury to the goods stored unless timely written claim has been given as provided in paragraph (b) of this section and unless such action is commenced either within 12 months after date of delivery by warehouseman or within 12 months after depositor of record or last known holder of a negotiable warehouse receipt is notified that loss or injury to part or all of the goods has occurred, whichever time is shorter.
- (d) When goods have not been delivered, notice may be given of known loss of injury to the goods by mailing a registered or certified letter to the depositor of record or to the last known holder of a negotiable warehouse receipt. Time limitations for presentation of a claim in writing and maintaining of action after notice begin on the date of mailing of such notice by warehouseman.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THIS CONTRACT
Nothing entered hereon shall be constructed to extend the warehouseman’s liability beyond the standard of care specified in Sections 8 and 9 above.