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GENERAL TERMS AND CONDITIONS- FOR WAREHOUSE

  1. The Bailor must furnish a manifest showing marks, brands or sizes at or prior to delivery. The manifest must specify the class of storage desired and any special accounting requirements. The warehouseman has discretion to store the goods in "bulk lost" with corresponding charges requested if the manifest fails to specify a type of storage. Any sorting or segregation is subject to an extra charge.

  2. All goods are stored on a month-to-month basis unless otherwise provided in writing. A month is defined as 30 calendar days beginning from the date of this receipt. If the last day of a final storage month falls on Sunday or legal holiday, the storage month expires on the next business day.

  3. All charges for storage are on a month-to-month basis unless otherwise provided. Charges for any particular lot begin upon receipt of the first unit of the lot in store and continue through delivery of the last unit of the lot. Charges are based on 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.

  4. Bailor must request in writing any transfer of goods stored in the warehouse. Instructions are effective only after receipt by the warehouseman. All charges up to the time of transfer are chargeable to the bailor of record. The transferor is subject to any charges for rehanding the goods. The storage date for goods transferred from one party to another through issuance of a new warehouse receipt is the date of transfer.

  5. The warehouseman reserves the right to move goods with in the building in which they are stored. The warehouseman also may move goods from one building to another building of the warehouseman after notifying the bailor of record by registered mail. If the goods are under a negotiable warehouse receipt, the warehouseman will notify the last known owner at the last known place of business or abode.

  6. THE WAREHOUSEMAN WILL NOT INSURE GOODS UNLESS REQUESTED BY THE BAILOR IN WRITING AND CONFIRMED BY THE WAREHOUSEMAN IN WRITING.

  7. The warehouseman is not responsible or liable for any seizure of goods by any court, agency, agent or officer of the federal, state or local government.

  8. Handling charges include the ordinary labor and duties incidental to delivering, receiving, and stowing to warehouse door. They do not include unloading or loading of cars, vehicles or vessels, unless agreed to in writing. Charges for unloading or loading of cars include use of private railroad siding, labor required to or from warehouse door, and billing of car. Handling charges are billed with the storage charge for the first month. If the bailor requests the warehouse to receive or deliver gods outside the warehouse's normal business hours an additional charge is applied. Dunnage and fastenings and any other supplies needed for shipment and supplied by the warehouseman are chargeable to the bailor. Any additional costs incurred for loading and unloading damaged goods are chargeable to the bailor. An additional charge is applicable to merchandise stored in-bond. A minimum charge is assessed for storage handling and other services.

  9. Any provision in this receipt for rates or charges by the warehouseman will conform to the warehouseman's rates in effect at the time the charge accrues or the service is performed.

  10. Warehouseman will deliver or transfer goods only upon receipt of complete written instructions properly signed by the bailor. The warehouseman in his discretion may prepare goods for delivery upon telephonic instructions, subject to written confirmation. However, but the warehouseman is not responsible or liable for damage, delay or demurrage that results from any error made in the preparation or transmission of the oral instructions. When a negotiable receipt is issued, the warehouseman will not deliver or transfer the goods unless the properly endorsed receipt is surrendered for cancellation or for notation of partial delivery. If a negotiable receipt is lost, stolen or destroyed, the warehouseman will deliver the goods or issue a substitute document only upon the order of a court of competent jurisdiction pursuant to the Uniform Commercial Code. The bailee may, without court order, deliver goods to a person claiming under a missing negotiable document provided the claimant posts security with the warehouseman in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery who files a notice of claim within one year after the delivery.

  11. When goods are ordered out, the warehouseman is allowed a reasonable time to carry out instructions. If the reasonable time extends beyond expiring storage dates, the goods are subject to charges for another storage month. If however, the warehouseman is unable after the expiration of a reasonable time to effect delivery before expiring storage dates due to the occurrence of any of the events set forth in Section 13, if the warehouseman has given notice pursuant to Section 7.206 of the Uniform Commercial Code, the goods remaining in the warehouse are subject to storage charges only for that part of the next storage month during which the goods remain in store.

  12. All service on behalf or in the interest of the bailor including but not limited to shipping, special handling, special warehouse space, material drayage, repairing, coopering, sampling, weighing, repelling, inspection, physical warehouse checking, compiling stock statements, collections, revenue stamps, reporting marked weights or number, handling railroad expense bills, etc. are chargeable to the bailor. Shipping which may include marking, tagging, billing, procuring or preparing and forwarding bills of lading, is chargeable to the bailor. Freight and other disbursements made on behalf of the bailor are due and payable on demand and subject to interest from the date billed by the warehouseman. Bailors, including holders of negotiable receipts, may have access to their goods in store when accompanied by warehouse employees subject to government or insurance regulations and reasonable limitations. Accompanying warehouse employee's time is chargeable to the bailor. There is an additional charge for the issuance of negotiable instruments.

  13. The warehouseman is liable for damages for loss of or injury to the goods caused by failure to exercise the care of a reasonably prudent businessman. Unless otherwise agreed in writing, he is not liable for damages, which are unavoidable through the exercise of such care. The warehouseman is not liable for loss, damage, delay or demurrage caused by acts of God, civil or military authority, insurrection, riot, strikes, picketing, or any other labor trouble, disturbance or interference of whatever cause or nature, whether primary, secondary or tertiary, etc., or enemies of the Government, or by odors, sprinkler leakage, flood, wind, storm, fire, moth, corruption or depredation by rats, mice or other vermin or by any other cause beyond his control. No liability is attributed to or assumed by the warehouseman for loss in weight from breakage or insufficient cooperage boxing, crating or packing, or wear and tear. The warehouseman is not responsible for loss of goods from leakage, failure to detect leakage, or concealed damage. Bailor must pay all storage and handling charges on lost or damaged goods. Perishable goods, goods susceptible to damage through temperature changes, inherent vice, or other causes incident to general storage are accepted in general storage at owner's risk for damages resulting from general storage conditions.

  14. The liability of the warehouseman as to each package stored is limited to the lesser of the actual value of each package or one hundred fifty percent times the amount of the base monthly storage rate per package stored. The warehouseman's liability does not extend to include any loss of profit.

  15. The warehouseman is not liable for any claim for loss, delay, demurrage, or damage that is not presented in writing within a reasonable time. The warehouse is not liable for any claim presented more than sixty (60) days from the date of shipment from the warehouse, or sixty (60) days from the date the bailor requests delivery in the event that shipment is not made. Bailor must present the notice of claim to the warehouseman in person or by registered mail. No action at law or in equity shall be brought in connection with any loss or damage prior to the expiration of sixty (60) days after presentation of claim. Bailor must bring such action within one year from the expiration of the sixty day period last mentioned.

  16. Persons, firms and corporations to whom negotiable warehouse receipts have been negotiated shall promptly notify the warehouseman in writing. The notice must set forth the following information: warehouse receipt number, name and address of holder, and date receipt was transferred. Such notification shall be given in person or by registered mail.

  17. ANY TERMS OR CONDITIONS NOT HEREIN EXPERSSLY PROVIDED FOR SHALL BE DETERMINED IN ACCORDANCE WITH THE UNIFORM COMMERCIAL CODE.

  18. This document is the entire agreement between the warehouseman and the bailor. Any change, addition, deletion or other modification shall be null and void unless in writing and signed by the warehouseman.

  19. This document is binding upon, and inures to the benefit of the warehouseman, the bailor, and their respective successors in interest.