Warehouse Services Agreement
5. End of storage. The Company reserves the right to terminate storage and request the withdrawal of the Goods or any part thereof by notifying the Customer in writing thirty (30) days in advance. The customer is responsible for the payment of all costs attributable to these goods within the specified period and the removal of the goods from the warehouse after payment of all costs. If the Goods are not removed in this manner, the Company may exercise its rights under applicable law, including but not limited to the sale of the Goods. 15. Governing Law. This warehouse receipt is subject to the laws of the State in which the Company`s warehouse is located, as indicated on the front of the warehouse receipt, without reference to its conflict of laws rules. d. In no event shall the Company be liable for the loss or damage of documents, stamps, titles, works of art, heritage objects, jewellery or other objects of high and unusual value, unless a special written agreement is concluded between the Company and the Client with regard to such items.
11. Storage at temperature or humidity controlled. Unless expressly agreed in writing, the Company is not responsible for the storage of the Goods in a temperature or humidity controlled environment. The customer knowingly agrees that the goods are stored in an environment not controlled by temperature/humidity. The Company is not responsible for any loss or damage to the Goods resulting from fluctuations in the temperature range or humidity of the warehouse. In addition, the Company will not be liable for any loss or damage caused to the perishable goods, unless otherwise agreed in writing prior to the tender for the storage of the goods. 1. Acceptance of the General Terms and Conditions. It is agreed that the conditions of entry into the Company`s warehouse govern transactions between the Company and the Client for all warehousing and warehousing services. In addition, it is agreed that the Company`s warehouse receipt terms will be published electronically on www.sekologistics.com and may be amended by the Company from time to time without notice.
In the event of any conflict between these Warehouse Receipt Terms and Conditions as reproduced herein and the Electronically Published Warehouse Receipt Terms and Conditions, the electronically published version shall prevail. It is expressly presumed that this warehouse receipt does not cover or apply to the rights, obligations, conditions or conditions of shipment, customs clearance or other services that the Company has provided or may provide to the Customer; and that these separate services are subject to their respective terms and conditions, which are provided separately and published on the above website. 3. Ownership of goods. The customer guarantees that he is the rightful owner and/or that he has legal possession of the goods offered for storage. The customer guarantees that he has the exclusive legal right to store the goods offered, release the goods and ask the company to deliver or dispose of the goods. The Customer undertakes to inform all parties who acquire an interest in the Goods of the terms of this storage receipt and further undertakes to inform the Company of any third party claims related to the ownership, storage, handling or delivery of goods or other services provided by the Company under this storage receipt, indemnify and hold harmless. This compensation includes all attorneys` fees or costs arising from a claim by a third party, whether or not a dispute is actually filed.
One. The Company shall not be liable for any loss, destruction or damage to the Goods, however caused, unless such loss, damage or destruction results from the Company`s failure to exercise the care that a reasonably prudent person would take in similar circumstances. The Company shall not be liable for damages that could not have been avoided by exercising such diligence. The Company and the Client agree that the Company`s duty of care referred to herein does not extend to the supply of a sprinkler system in the warehouse complex or in any part thereof. 16. Amalgamation; Waiver; Severability clause, etc. This warehouse receipt constitutes the entire agreement between the Customer and the Company regarding the storage of the goods and services delivered. This warehouse confirmation replaces all previous or simultaneous negotiations, statements, assurances or agreements, whether oral or written. This warehouse receipt can only be changed if there is a written agreement between the customer and a company manager.
If any part or part of this camp receipt is found by a court to be illegal or unenforceable, this will not affect the legality or enforceability of the other terms or conditions hereof. The Company`s failure to insist on strict compliance with any provision of this warehouse receipt will not constitute a waiver or forfeiture to subsequently require strict compliance with these provisions and will not constitute a waiver or forfeiture to insist on strict compliance with all other provisions of this warehouse receipt. one. “Company” means the natural or legal person listed on the front of this warehouse receipt who provides the storage services under this Agreement, including its officers, directors, employees and representatives of the Company, while acting in the course and in connection with and in the course of its employment; 12. Inspection and Safety. All shipments are subject to company inspection; by the Company`s carriers for all transportation services provided, if any; and by duly authorized governmental or regulatory authorities, including, but not limited to, the U.S. Transportation Security Administration, U.S. Customs and Border Protection, and similar entities. Notwithstanding the above right to inspect shipments, the Company is not required to conduct such inspection unless required by law. In addition, the Company reserves the right to unilaterally refuse any shipment that it deems unfit for transport or storage under this warehouse receipt after inspection. One.
The customer guarantees that the goods are properly marked, packaged, labelled and classified for handling and that they are suitable for the necessary storage and transport. The Company will not accept goods that are not properly packaged or that are not reasonably suitable for movement or storage in the warehouse. d. The Company may provide additional services to the Client upon request and by appointment. Additional handling fees apply when the goods are drawn for distribution or release, when the customer requests physical stock and when additional services are requested that are not expressly included in the monthly storage fees communicated to the customer. These additional costs will be provided to the Customer and invoiced to the Customer in addition to the storage fees due. d. Hazardous substances. Unless otherwise advised by the Company in writing and accepted by the Company, the Customer warrants that the Goods will not be considered dangerous goods and/or dangerous goods at the time of submission of the Goods to the Company. If hazardous materials and/or dangerous goods are offered for storage and accepted by the company, this must be noted on the front of this storage receipt.
The Customer warrants that the Goods are limited to the materials and quantities permitted in the applicable regulations and undertakes to correctly classify the Goods, accurately describe the Goods and provide the Company with all necessary or useful information for the safe storage and handling of the Goods, including but not limited to: where applicable, safety data sheets and/or product safety data sheets. If the Customer breaches any of the above warranties in connection with the tender for dangerous substances or dangerous goods or otherwise delivers such inappropriate goods to the Company, the Company shall have the right to exercise all available remedies, including the immediate destruction or removal of the Goods from the warehouse, without notice to the Customer. In the event of the above breach of the Customer`s warranties, the Customer shall be liable for all costs, losses, damages, fines, penalties or other costs of any kind incurred by the Company in connection with the removal, destruction or handling of the Goods and shall indemnify the Company against all amounts, liabilities, claims or damages incurred in connection with the Goods. c. Storage Location. The Company shall, at its sole discretion, store the Goods in one or more buildings at the Company`s warehouse location indicated on the front of such warehouse receipt. Identifying a specific location with the company`s warehouse complex does not guarantee that the goods will be stored there. After ten (10) notices from the Customer, the Company may, at its expense, collect the Goods to another warehouse complex operated by the Company. .