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Contract Terms And Conditions For Merchandise Warehousemen
CONTRACT TERMS AND CONDITIONS FOR MERCHANDISE WAREHOUSEMEN
1. Acceptance.
(a) This contract and rate quotation including accessorial charges endorsed on or attached to this receipt must be accepted within [Number of days] 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 [Number of days] 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 [Number of days] 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 depositors 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 warehousemans 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 warehousemans 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 warehousemans 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 indorsement 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 commotions, 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 warehousemans 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 andor 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 $ [Limit of damages] 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 $ [Additional monthly charge] 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 [Period to commence action] months after date of delivery by warehouseman or within [Period to commence action] 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 warehousemans liability beyond the standard of care specified in Section 11 above.
(b) [Insert any other additional terms and conditions.]