Standard Contract Terms & Conditions for General Merchandise Warehouses
Tender for Storage – Sec. 1. (a) All goods for storage shall be delivered at the warehouse properly marked and packed for handling. The storer 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; otherwise the goods may be stored in bulk or assorted lots, in general storage at the discretion of the warehouseman and will be charged accordingly.
(b) The words “lot” as used herein means the unit or unit of goods for which a separate account is to be kept by the warehouseman. Delivery of all or any units of a lot shall be made without subsequent sorting except by special arrangement and subject to a charge.
(c) The warehouseman undertakes to store and deliver goods only in packages in which they are originally received.
Storage Period – Sec. 2. (a) All goods are stored on a month to month basis, unless otherwise provided. A storage month shall extend from a date in one calendar month to, but including, the same of the next and all succeeding calendar months, but if there be no corresponding date in the next succeeding calendar month it shall extend to and include the last day of the month. When the last day of a final storage month falls on Sunday or a legal holiday, the storage month shall be deemed to expire on the next succeeding business day.
(b) The Warehouseman may, upon written notice to the storer 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 registered letter addressed to the last known place if business or abode of the person to be notified
Insurance, Storage Rates, Expiration and Transfers – Sec. 3. (a) All Charges for storage are on a month to month basis unless otherwise provided. Charges for any particular lot shall begin at the receipt of the first unit of that particular lot in store and shall be made on the basis of the maximum number of units in any particular lot in store during a storage month. All charges for storage are due on the first day of a storage month and all other charges are due when incurred.
(b) Instructions to transfer goods on the books of the warehouseman are not effective until delivered to and accepted by him, and all charges up to the time of transfer made are chargeable to the storer of record. If a transfer involves rehandling the goods, it will be subject to a charge.
(c) The warehouseman reserves the right to move, at his own expense of transfer, and upon notice sent by registered mail to the storer of record and to the last known holder of the negotiable warehouse receipt, any goods in storage from any warehouse in which they may be stored to any other of his warehouses; but if such storer or holder takes delivery of his goods in lieu of transfer, no storage charges shall be made for the current storage month.
(d) When rates are quoted by the weight they will, unless otherwise specified, be computed on gross weight and 2,000 pounds shall constitute a ton.
(e) Goods are not insured nor do storage rates include insurance unless so specified in writing.
Handling – Sec. 4. (a) Handling charges cover the ordinary labor and duties incidental to receiving goods at warehouse door, stowing and delivering to warehouse door, but do not include unloading or loading of cars, vehicles or vessels, unless so specified. Handling charges will be billed with the storage for the first month.
(b) Goods, at the request of a storer, received or delivered during other than usual business hours will be subject to an additional charge.
Car Unloading & Loading – Sec. 5. (a) Charges for unloading or loading of cars include use of switch track, labor required to or from warehouse door, and billing of car.
(b) Dunnage, fastenings and labor supplied by the warehouseman and used in loading our car are chargeable to the storer.
(c) Any additional costs incurred by the warehouseman in unloading cars containing damaged goods are chargeable to the storer.
(d) 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.
Delivery Requirements – Sec. 6 (a) No goods shall be delivered or transferred except upon receipt by the warehouseman of complete instructions properly signed by the storer or owner on record.
(b) When a negotiable receipt has been issued no goods covered by that receipts 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.
(c) When goods are ordered out, a reasonable time shall be given the warehouseman to carry out instructions, and if he is unable, due to causes beyond his control to effect delivery before expiring storage dates, the goods will be subject to charges for another storage month, except when the warehouseman has given notice in accordance with provisions of Sec. 7b or because of fire, acts of Go, war, public enemies, seizure under legal process, strikes or lockouts, riots and civil commotions, if he is unable, due to causes beyond his control to effect delivery before the expiring storage date, the goods shall be subject to storage charges only for that part of the month during which the goods remain in store.
Bonded Stores – Sec. 7 A Charge in addition to regular rates will be made for merchandise in bond
Minimum Charges – Sec. 8 A minimum charge will be assessed for storage, handling and other services.
Extra Service – Sec. 9 (a) Extra service in the interest of the storer, such as special warehouse space, material, drayage, repairing, coopering, sampling, weighting, repiling, inspection, physical warehouse checking, compiling stock statements, collections revenue stamps, reporting marked weights or numbers, handling railroad expense bills etc. are chargeable to the storer.
(b) Stock statements submitted in duplicate by the storer will be checked with the books of the warehouseman without charge.
(c) Shipping includes marking, fogging, billing, procuring, and forwarding bills of lading and is chargeable to the storer.
(d) Freight and other disbursements made on behalf of the storer are due and payable on demand and subject to interest from date billed by the warehouseman.
(e) Storers, including holders of negotiable receipts may, subject to insurance regulations and reasonable limitations, have access to their goods in store when accompanied by a warehouse employee whose time is chargeable to the storer.
Liability – Sec. 10 (a) The responsibility of a warehouseman, in the absence of written provision is the reasonable care of diligence required by law.
(b) Perishable goods, or goods which are susceptible to damage through temperature changes or other causes incident to general storage are accepted in general storage only at owner’s risk for such damage as might result from general storage conditions.
Schedule of Charges – Sec. 11 Whenever provision is made in there Standard Contract Terms and Conditions for a charge or charges by the warehouseman, such charge or charges will conform to the warehouseman’s tariff in effect at the time charge accrues or the service is performed, expect that no increase in charges within the direct control of the warehouseman will be made on goods that are in storage without a thirty-day notice mailed to the storer of record or the last known holder of a negotiable warehouse receipts.
Particular Attention is Called to the Following Special Terms and Conditions
Liability Assumed by Storer – All goods are stored of storer’s risk of loss, delay or damage by acts of God, civil or military authority, insurrection, riot, strikes, lockouts, or enemies of the government, or by sprinkler leakage, or by any leak in the plumbing or on the premises or by flood, accident, wind, storm, corruption, decomposition, corrosion, fire, moths, maggots, or depredation by rats, mice or other vermin. No responsibility will be assumed by the warehousing company for loss in weight, for breakage, or for insufficient cooperage, boxing, crating, or packing of for wear and tear, nor shall the warehousing company be held responsible for loss of merchandise by leadage or through failure to detect same or concealed damage. All Storage and labor charges on goods lost or damaged by any of the above causes must be paid by storer.
Alterations on Receipt – This certificate is issued and accepted without any alterations, interlineation or erasure.
Charges for Fractional Parts of a Month – are at full monthly rate.
Limitations of Liabilities of Warehousing Company – In any case where warehousing company shall be held to be liable, the liability for loss or damage shal be limited to the actual values or the cost of the goods damaged or lost, whichever is lower. Warehousing company shall not be liable for indirect or consequential damages or loss of profit. In no case shall the liability exceed on amount per article or item or unit of weight, determined by multiplying the monthly storage rate by 10, unless the storer or holder shall at the time the goods are stored, have declared a higher valuation and agreed to payment of increased storage rates. Rates to cover valuations in excess of the foregoing limits will be quoted on the request.
Warehousing company’s rights to sell-if any storage or other charges on any of the above goods are not paid for thirty days after the same shall become due, the warehousing company may sell said goods as prescribed by law to pay all liens, sums or charges due thereon and costs of sales. Goods of a seasonal nature and perishable goods shall be subject to immediate sale by warehousing company, as prescribed by law, to recover overdue items.