(Approved and promulgated by
American Warehouse Association, October 1968; revised and promulgated by
International Warehouse Logistics Association, January 1998)
(a)
This contract and rate quotation including accessorial charges endorsed on or
attached hereto must be accepted within 30 days from the proposal date by
signature of depositor on the reverse side of the contract. In the absence of
written acceptance, the act of tendering goods described herein for storage or
other services by warehouseman within 30 days from the proposal date shall
constitute such acceptance by depositor.
(b)
In the event that goods tendered for storage or other services do not conform
to the description contained herein, or conforming goods are tendered after 30
days from the proposal date without prior written acceptance by depositor as
provided in paragraph (a) of this section, warehouseman may refuse to accept
such goods. If warehouseman accepts such goods, depositor agrees to rates and
charges as may be assigned and invoiced by warehouseman and to all terms of
this contract.
(c)
This contract may be canceled by either party upon 30 days written notice and
is canceled if no storage or other services are performed under this contract
for a period of 180 days.
Depositor agrees not to ship goods to warehouseman as the named consignee. If, in violation of this agreement, goods are shipped to warehouseman as named consignee, depositor agrees to notify carrier in writing prior to such shipment, with copy of such notice to the warehouseman, that warehouseman named as consignee is a warehouseman and has no beneficial title or interest in such property and depositor further agrees to indemnify and hold harmless warehouseman from any and all claims for unpaid transportation charges, including undercharges, demurrage, detention or charges of any nature, in connection with goods so shipped. Depositor further agrees that, if it fails to notify carrier as required by the preceding sentence, warehouseman shall have the right to refuse such goods and shall not be liable or responsible for any loss, injury or damage of any nature to, or related to, such goods.
All
goods for storage shall be delivered at the warehouse properly marked and
packaged for handling. The depositor shall furnish at or prior to such
delivery, a manifest showing marks, brands, or sizes to be kept and accounted
for separately, and the class of storage and other services desired.
(a)
All charges for storage are per package or other agreed unit per month.
(b)
Storage charges become applicable upon the date that warehouseman accepts care,
custody and control of the goods, regardless of unloading date or date of issue
of warehouse receipt.
(c)
Except as provided in paragraph (d) of this section, a full month’s storage
charge will apply on all goods received between the first and the 15th,
inclusive, of a calendar month; one-half month’s storage charge will apply on
all goods received between the 16th and the last day, inclusive, of a calendar
month, and a full month’s storage charge will apply to all goods in storage on
the first day of the next and succeeding calendar months. All storage charges
are due and payable on the first day of storage for the initial month and
thereafter on the first day of the calendar month.
(d)
When mutually agreed by the warehouseman and the depositor, a storage month
shall extend from a date in one calendar month to, but not including, the same
date of the next and all succeeding months. All storage charges are due and
payable on the first day of the storage month.
(a)
Instructions to transfer goods on the books of the warehouseman are not
effective until delivered to and accepted by warehouseman, and all charges up
to the time transfer is made are chargeable to the depositor of record. If a
transfer involves rehandling the goods, such 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 expense, 14 days after
notice is 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. Warehouseman will store the goods at, and
may without notice move the goods within and between, any one or more of the
warehouse buildings which comprise the warehouse complex identified on the
front of this warehouse receipt.
(c)
The warehouseman may, upon written notice to the depositor of record and 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 to the last known place of business or abode
of the person to be notified. If goods are not removed before the end of the
next succeeding storage month, the warehouseman may sell them in accordance
with applicable law.
(d)
If warehouseman in good faith believes that the goods are about to deteriorate
or decline in value to less than the amount of warehouseman’s lien before the
end of the next succeeding storage month, the warehouseman may specify in the
notification any reasonable shorter time for removal of the goods and in case
the goods are not removed, may sell them at public sale held one week after a
single advertisement or posting as provided by law.
(e)
If as a result of a quality or condition of the goods of which the warehouseman
had no notice at the time of deposit the goods are a hazard to other property
or to the warehouse or to persons, the warehouseman may sell the goods at
public or private sale without advertisement on reasonable notification to all
persons known to claim an interest in the goods. If the warehouseman after a
reasonable effort is unable to sell the goods he may dispose of them in any
lawful manner and shall incur no liability by reason of such disposition.
Pending such disposition, sale or return of the goods, the warehouseman may
remove the goods from the warehouse and shall incur no liability by reason of
such removal.
(a)
The handling charge covers the ordinary labor involved in receiving goods at
warehouse door, placing goods in storage, and returning goods to warehouse
door. Handling charges are due and payable on receipt of goods.
(b)
Unless otherwise agreed, labor for unloading and loading goods will be subject
to a charge. Additional expenses incurred by the warehouseman in receiving and
handling damaged goods, and additional expense in unloading from or loading
into cars or other vehicles not at warehouse door will be charged to the
depositor.
(c)
Labor and materials used in loading rail cars or other vehicles are chargeable
to the depositor.
(d)
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.
(e)
The warehouseman shall not be liable for demurrage or detention, delays in
unloading inbound cars, trailers or other containers, or delays in obtaining
and loading cars, trailers or other containers for outbound shipment unless
warehouseman has failed to exercise reasonable care.
(a)
No goods shall be delivered or transferred except upon receipt by the
warehouseman of complete written instructions. Written instructions shall
include, but are not limited to, FAX, EDI, TWX or similar communication,
provided warehouseman has no liability when relying on the information
contained in the communication as received. However, when no negotiable receipt
is outstanding, goods may be delivered upon instruction by telephone in
accordance with a prior written authorization, but the warehouseman shall not
be responsible for loss or error occasioned 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 of competent
jurisdiction and the posting of security approved by the court as provided 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 acts of God, war, public
enemies, seizure under legal process, strikes, lockouts, riots and civil
commotions, or any reason beyond the warehouseman’s control, or because of loss
or destruction of goods for which warehouseman is not liable, or because of any
other excuse provided by law, the warehouseman shall not be liable for failure
to carry out such instructions and goods remaining in storage will continue to
be subject to regular storage charges.
(a)
Warehouse labor required for services other than ordinary handling and storage
will be charged to the depositor.
(b)
Special services requested by 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 if such concern more than normal inventory
reporting or if, at the request of the depositor, communications are made by
other than regular United States Mail.
(a)
A charge in addition to regular rates will be made for merchandise in bond.
(b)
Where a warehouse receipt covers goods in U.S. Customs bond, such receipt shall
be void upon the termination of the storage period fixed by law.
(a)
A minimum handling charge per lot and a minimum storage charge per lot per
month will be made. When a warehouse receipt covers more than one lot or when a
lot is in assortment, a minimum charge per mark, brand, or variety 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.
(a) the warehouseman shall not be
liable for any loss or injury to goods stored however caused unless such loss
or injury resulted from the failure by the warehouseman to exercise such care
in regard to them as a reasonably careful man would exercise under like
circumstances and warehouseman is not liable for damages which could not have
been avoided by the exercise of such care.
(b) goods are not insured by the
warehouseman against loss or injury however caused.
(c) the depositor declares that
damages are limited to one hundred dollars,
provided, however, that such liability may at the time
of acceptance of this contract as provided in section 1 be increased upon
depositor’s written request on part or all of the goods hereunder in which
event an additional monthly charge will be made based upon such increased
valuation.
(d) where loss or injury occurs to
stored goods, for which the warehouseman is not liable, the depositor shall be
responsible for the cost of removing and disposing of such goods and the cost
of any environmental clean up and site remediation resulting from the loss or
injury to the goods.
(a)
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
60 days after delivery of the goods by the warehouseman or 60 days after
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.
(b)
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 (a) of this section and unless such action is
commenced either within nine months after date of delivery by warehouseman or
within nine months after depositor of record or the 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.
(c)
When goods have not been delivered, notice may be given of known loss or injury
to the goods by mailing of 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 claim in writing and maintaining of action
after notice begin on the date of mailing of such notice by warehouseman.
Warehouseman
shall not be liable for any loss of profit or special, indirect, or
consequential damages of any kind.
If
warehouseman negligently misships goods, the warehouseman shall pay the
reasonable transportation charges incurred to return the misshipped goods to
the warehouse. If the consignee fails to return the goods, warehouseman’s
maximum liability shall be for the lost or damaged goods as specified in
Section 11 above, and warehouseman shall have no liability for damages due to
the consignee’s acceptance or use of the goods whether such goods be those of
the depositor or another.
Warehouseman
shall not be liable for loss of goods due to inventory shortage or unexplained
or mysterious disappearance of goods unless depositor establishes such loss
occurred because of warehouseman’s failure to exercise the care required of
warehouseman under Section 11 above. Any presumption of conversion imposed by
law shall not apply to such loss and a claim by depositor of conversion must be
established by affirmative evidence that the warehouseman converted the goods
to the warehouseman’s own use.
Depositor
represents and warrants that depositor is lawfully possessed of the goods and
has the right and authority to store them with warehouseman. Depositor agrees
to indemnify and hold harmless the warehouseman from all loss, cost and expense
(including reasonable attorneys’ fees) which warehouseman pays or incurs as a
result of any dispute or litigation, whether instituted by warehouseman or
others, respecting depositor’s right, title or interest in the goods. Such
amounts shall be charges in relation to the goods and subject to warehouseman’s
lien.
Depositor
will provide warehouseman with information concerning the stored goods which is
accurate, complete and sufficient to allow warehouseman to comply with all laws
and regulations concerning the storage, handling and transporting of the stored
goods. Depositor will indemnify and hold warehouseman harmless from all loss,
cost, penalty and expense (including reasonable attorneys’ fees) which
warehouseman pays or incurs as a result of depositor failing to fully discharge
this obligation.
(a)
If any provision of this receipt, or any application thereof, should be construed
or held to be void, invalid or unenforceable, by order, decree or judgment of a
court of competent jurisdiction, the remaining provisions of this receipt shall
not be affected thereby but shall remain in full force and effect.
(b)
Warehouseman’s failure to require strict compliance with any provision of the
Warehouse Receipt shall not constitute a waiver or estoppel to later demand
strict compliance with that or any other provision(s) of this Warehouse
Receipt.
(c)
The provisions of this Warehouse Receipt shall be binding upon the depositor’s
heirs, executors, successors and assigns; contain the sole agreement governing
goods stored with the warehouseman; and, cannot be modified except by a writing
signed by warehouseman.