Terms & Conditions
Approved and promulgated by American Warehouse Association, October 1968; revised and promulgated by international Warehouse Logistics Association, January 1998ACCEPTANCE - SEC1 (a) This contract and rate quotation including accessorial changes endorsed 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 lending 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 lendered for storage or other services do not conform to the description contained herein, or conforming goods are lendered after 30 days from the proposal date without prior Written acceptance by depositor as provided in paragraph (a) of this section, warehousaman 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 contact. (c) This contract may be canceled by either way upon 30 days written notice and is canceled it‘ no storage or other services are performed under this contract for a period of 180 days. SHIPPING - SEC.2 Depositor agrees not to ship goods to warehouseman as the named consignee. If in violation or 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 warehouseman, the 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 warehousemam from any and all claims for unpaid transportation charges including danamge undercharges 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 TENDER FOR STORAGE - SEC. 3 All goods for storage shall be delivered at the warehouse properly marked and packaged for handling. The depositor shall finish 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. STORAGE PERIOD AND CHARGES - SEC. 4 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 1Sth. inclusive, of 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 charge 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. TRANSFER, TERMINATION OF STORAGE. REMOVAL OF GOODS - SEC. 5 (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 all chargeable to the depositor of record if a transfer involves rehandling the goods, such will be subject to a charge. When goods in strange 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 reservers 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 know holder of the negotiable warehouse receipt, any goods in storage From the warehouse in which they may be stored to any other of his wardtonses; bIIt it'sueh depositor or holder takes delivery of this goods in **line** 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 an the front 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 next succeeding storage month, the warehouseman may sell then in accordance with applicable law. (d) If warehouseman in good faith belives that the gods 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. (d) If warehouseman in good faith belives that the gods 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. (f) If as result or 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 properly 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 liability by reason of such disposition. Pending such disposition, sale of return of the goods, the warehouseman may remove the goods front the warehouse and shall incur no liability by reason of such removal. HANDLING - SET 6 (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 their vehicles are charged 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 the 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. DELIVERY REQUIREMENTS — SEC. 7 (a) No goods shall be delivered or transferred except upon receipt by the warehouseman of complete written instructions. Written instrauctions 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 lost or error occasioned thereby. (b) When a negotiable receipt line been issued no goods covered by that receipt shall be delivered, or transferred on the books of the warehouseman, unless the receipt, property endorsed is surrendered for cancellation or for endorsement of partial delivery thereon. If negotiable receipt is lost or destroyed, delivery of goods may be made only upon order of court of competent jurisdiction and the posting of security approved by the court as provided by law.
(C) When goods are ordered out reasonable time shall be given the warehouseman to carry out instructions, and if be is unable because of acts of God, war. public enemies, seizure under legal process, strike, 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 warehauseman 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. EXTRA SERVICES (SPECIAL SERVICES) - SEC. 8 (a) Warehouse labor required for services other than ordinary handling and storage will be charged to the depositor. (b) Special services required 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, branding, packing materials of 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. BONDED STORAGE -SEC. 9 (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. MINIMUM CHARGES -SEC. 10 (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. LIABILITY AND LIMITATION OF DAMAGES -SEC. 11 (a) The warehouseman shall not be liable for any loss or injury to goods storage 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 with 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 50 cents/pound, provided, however, that such Liability may at the time of receptacle of this contract as provided in the section 1 be increased upon Depositor's written request on part or all of the goods hereunder in which event and 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 lost or injury to the goods. NOTICE OF CLAIM AND FILING OF SUIT -SEC. 12 (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 know 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 the date of delivery by warehouseman or within nine months after depositor of record or the last know holder of a negotiable warehouse receipt is notified that loss or injury to part or all of the woods has occurred whichever time is shorter. (c) When goods have not been delivered, notice may be given of know loss or injury to the goods by mailing of a registered or certified letter to the depositor of record or to the last know holder of a negotiable warehouse reciept. 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. LIABILITY FOR CONSEQUENTAIL DAMAGES -SEC. 13 Warehouseman shall not be liable for any loss of profit or special, indirect, or consequential damages of any kind. LIABILITY FOR MISSHIPMENT -SEC. 14 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. MYSTERIOUS DISAPPEARANCE -SEC. 15 Warehouseman shall not be liable for loss of goods due to inventory shortage or unexplained or mysterious disappearance of goods unless depositor established such loss occurred because of warehouseman's failure to exercise the care required of warehouseman under Section 11 above. Any presumption 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. RIGHT TO STORE GOODS -SEC. 16 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 attorney's fees) with warehouseman pays or incurs as a result of any dispute or litigation, whether instituted by warehouseman or others, respecting depositor's rights, title or interest in the goods. Such amounts shall be charges in relation to the goods and subject to warehouseman's lien. GENERAL LIEN ON ANY PROPERTY -SEC. 17 The company shall have a general lien on any and all property (and documents relating thereto) of the Customer, in its possession, custody or control or route, for all claims for changes, expenses or advances incurred by the Company in connection With any shipments of the Customer and if such claim remains unsatisfied for 30 days after demand for its payment is made, the Company may sell at public auction or private sale upon 10 days written notice, registered mail (R.R.R.), the Customer, the goods, wares and/or merchandise, or so much thereof as may be necessary to satisfy such lien, and apply the next proceeds of such sale to the payment of the amount due to the Company. Any surplus from such sale shall be transmitted to the Customer, and the Customer shall be liable for any defiency in the sale. ACCURATE INFORMATION -SEC. 18 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 attorney's fees) with warehouseman pays or incurs as a result of depositor failing to fully discharge this obligation. SEVERABILITY AND WAIVER -SEC. 19 (a) If any provision of this receipt, or any application thereof, should be construed or held to be void, invalid or nenforceable, 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.
NOTICE CONCERNING CARRIERS' LIMITATION OF LIABILITY It the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and in most cases limit the liability of the Carrier in respect of loss of, damage or delay to cargo. Depending on the applicable regime, and unless a higher value is declared, liability of the Carrier may be limited to 19 Special Drawing Rights per kilogram under the Montreal Convention; 17 Special Drawing rights per kilogram under the Warsaw Convention as amended by Montreal Protocol No. 4; or 250 French gold francs per kilogram under the Warsaw Convention (unamended by Montreal Protocol No. 4), converted into national currency under applicable law, unless a greater amount is specified in the Carrier's conditions of carriage. * This Resolution is in the hands of all IATA Cargo Agents. CONDITIONS OF CONTRACT 1. In this contract and the Notices appearing hereon: CARRIER includes the air carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage. SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International Monetary Fund. WARSAW CONVENTION means whichever of the following instruments is applicable to the contract of carriage: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 September 1955; that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be. MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999. 2./2.1 Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Conventions. 2.2 To the extent not in conflict with the foregoing. carriage and other related services performed by each Carrier are subject to: 2.2.1 applicable laws and government regulations; 2.2.2 provisions contained in the air waybill, Carrier's conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices from which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage include, but are not limited to: 2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or perishable goods; 2.2.2.2 claims restrictions. including time periods within which shippers or consignees must file a claim nr bring an action against the Carrier for its acts or omissions, or those 01 its agents; 2.2.2.3 rights, if any. of the Carrier to change the terms of the contract; 2.2.2.4 rules about Carrier's right to refuse to carry; 2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting. 3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown in Carrier's timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation. 4. For carriage to which the Montreal Convention does not apply, Carrier's liability limitation shall not be less than the per kilogram monetary limit set out in any applicable Convention or in Carrier‘s tariffs or general conditions of carriage tor cargo lost, damaged or delayed, provided that any such limitation of liability in an amount less than 19 SDBS per kilogram will not apply for carriage to or from the United States. 5./5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges tor the carriage due in accordance with Carrier's tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Warsaw Convention and the Montreal Convention), government regulations, orders and requirements. 5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid. 6./6.1 For cargo accepted tor carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required. 6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge it so required. 7./7.1 In cases of loss of. damage or delay to part of the cargo, the weight to be taken into account in determining Carrier‘s limit of liability shall be only the weight of the package or packages concerned. 7.2 Notwithstanding any other provisions, for “foreign air transportation" as defined by the U.S. Transportation Code: 7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in determining Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; and 7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 7.2.1 shall be prorated to the packages covered by the same air waybill whose value is affected by the loss. damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight 01 the entire package. 8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier‘s agents. employees. and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person's agents, employees and representatives. 9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws. tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof. 10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage. 10.1 In the case of loss of. damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made: 10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt 01 the cargo; 10.1.2 in the case 01 delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery. 10.1.3 in the case of non-delivery of the cargo. within 120 days from the date of issue of the air waybill. or it an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier. 10.2 Such complaint may be made to the Carrier whose air waybill was used, or to the first Carrier or to the last Carrier or to the Carrier. which performed the carriage during which the loss. damage or delay took place. 10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be brought against Carrier. 10.4 Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived. or from the date on which the carriage stopped. 11. Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to shipper‘s failure to comply with this provision. 12. No agent, employee or representative of Carrier has authority to alter, modify or waive any provisions of this contract.