CONTRACT TERMS AND CONDITIONS
MERCHANDISE WAREHOUSEMEN
1. Acceptance.
(a) This contract and rate quotation including
accessorial charges endorsed on or attached to this receipt must be accepted
within __________ (30) days from the proposal date by signature of depositor on
the reverse side of this contract. In the absence of written acceptance, the
act of tendering goods described in this receipt for storage by warehouseman
within __________ (30) days, from the proposal date shall constitute such
acceptance by depositor.
(b) In the event that goods tendered for storage do not
conform to the description contained in this contract, or conforming goods are
tendered for storage 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 for storage. If
warehouseman accepts such goods for storage, depositor agrees to rates and
charges as may be assigned and invoiced by warehouseman and to all terms of
this contract.
(c) This contract is deemed canceled should the
described goods not be stored with warehouseman for any period exceeding
__________ (180) days.
2. Shipping.
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
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 in this receipt, 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. Depositor agrees
that all promises contained in this section will be binding on depositor’s
heirs, successors and assigns.
3. Tender for Storage.
All goods for storage shall be delivered at the
warehouse properly marked and packed 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 desired.
4. Storage Period and Charges.
(a) All goods are stored on a month to month basis.
All charges for storage are per package or other agreed unit per month.
(b) 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, except as provided in paragraph (c) of this section. All storage
charges are due and payable on the first day of the storage month.
(c) When mutually agreed by the warehouseman and the
depositor a full months storage charge will apply on all goods received between
the first and the 15th, inclusive, of a calendar month; one-half months storage
charge will apply on all goods received between the 16th and last day,
inclusive, of a calendar month, and a full months 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.
5. Transfer, Termination of Storage, Removal of
Goods.
(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
warehouseman's 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 of the other warehouses belonging to the
warehouseman; but, if such depositor or holder takes delivery of warehouseman's
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, on 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 the result of 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, warehouseman may dispose of them in any lawful manner and shall incur no
liability by reason of such disposition.
6. Handling.
(a) The handling charges cover the ordinary labor
involved in receiving goods at warehouse door, placing goods in storage,
returning of goods to warehouse door, and unless otherwise specified, includes
the unloading of regular boxcars at warehouse door. Handling charges are due
and payable on receipt of goods.
(b) Labor for unloading goods from other than
regular boxcars at warehouse door, additional expenses incurred by the
warehouseman in unloading damaged goods, and additional expenses in unloading
cars not at warehouse door will be subject to charge.
(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, delays in unloading inbound cars, or delays in obtaining and loading
cars for outbound shipment unless warehouseman has failed to exercise
reasonable care.
7. Delivery Requirements.
(a) No goods shall be delivered or transferred
except on receipt by the warehouseman of complete instructions promptly signed
by the depositor. However, when no negotiable receipt is outstanding, goods may
be delivered on instructions by telephone in accordance with a prior written
agreement, 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 on 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 to warehouseman to carry out instructions, and, if warehouseman
is unable to do so because of acts of God, war, public enemies, seizure under
legal process, strikes, lockouts, riots and civil commotion, 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.
8. Special Services.
(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 checks 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 recording or if, at the request of
the depositor, communications are made by other than regular United States
mail.
9. Bonded Storage.
(a) A charge in addition to regular rates will be
made for merchandise in bond.
(b) Where a warehouse receipt covers goods in United
States Customs bond, such receipt shall be void on the termination of the
storage period fixed by law.
10. Minimum Charges.
(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.
11. Liability and Limitation of Damages.
(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 person would exercise under like circumstances
and warehouseman is not liable for damages that could not have been avoided by
the exercise of such care.
(b) Goods are not insured by warehouseman against
loss or injury however caused.
(c) The depositor declares that damages are limited
to __________ Dollars ($__________), provided, however, that such liability may
at the time of acceptance of this contract as provided in Section 1 be
increased on part or all of the goods under this contract in which event a
monthly charge of __________ Dollars ($__________) will be made in addition to
the regular monthly storage charge.
12. Notice of Claim and Filing of Suit.
(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 __________ (9) months
after date of delivery by warehouseman or within __________ (9) 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.
13. Additional Terms and Conditions Applicable to
this Contract and Rate Quotation.
(a) Nothing entered hereon shall be construed to
extend the warehouseman's liability beyond the standard of care specified in
Section 11 above.
(b) __________ (Insert any other additional terms
and conditions.)
