TENDER FOR STORAGE - SEC. 3 (a) All goods for storage shall be delivered at the warehouse properly marked and packaged 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 and other services desired. (b) Unless specifically agreed to in writing, DSV shall not be required to store goods in a humidity controlled environment or be responsible for tempering goods. (c) Depositor agrees not to tender any Hazardous Goods to DSV without DSV’s prior written consent. “Hazardous Goods” are defined as any chemical or regulated substance, whether regulated or identified as such by the Department of Transportation, EPA, OSHA, state or local regulatory agency. Depositor shall provide all necessary information to DSV to store such goods and comply with all applicable regulations, including without limitation, the commercial and scientific names of the Hazardous Goods, MSDS sheets, with updates, written copies of the federal, state and local laws rules and regulations applicable to the storage and handling of such goods, and any other information pertaining to the goods that DSV requires to store, handle or transport the Hazardous Goods. Depositor agrees to indemnify and hold harmless DSV and its landlord from and against any and all claims, suits, actions, fines, liabilities, cost and expenses (including reasonable attorney fees) arising out of injury to or death of any person, or damages to or loss or destruction of any property caused by or resulting from a fire, spill or any other release involving such Hazardous Goods including the cost of implementing the Depositor’s response plan, removal and disposal of damaged Hazardous Goods, debris and contaminated material and environmental clean-up and restoration. STORAGE PERIOD AND CHARGES - SEC. 4 (a) Pricing for storage, handling, and other services is set forth on Exhibit A. Unless otherwise specified on Exhibit A, rates shall be subject to change upon thirty (30) days prior written notice to Depositor. (b) All charges for storage are per package, or other agreed unit, per month as specified in Exhibit A. (c) Storage charges shall become applicable upon the date that DSV accepts care, custody and control of the goods, regardless of unloading date or date of issue of any warehouse receipt. (d) Invoices are due and payable on Net 30-day terms. Payment shall be made using ACH or ETF. Claims or other counter charges may not be deducted or otherwise offset. Should there be a deduction, DSV may assess a monthly late charge of 1.5% per month of the amount deducted. Late payments, unless otherwise agreed to, will be subject to a service charge of 1.5% per month on the unpaid balance. (e) In the event of cancellation or default by Depositor, DSV shall have the right to a General Warehouseman’s Lien under applicable law that DSV may exercise in any such manner as permitted by law. In order to protect its lien, DSV reserves the right to require advance payment of all charges prior to shipment of goods. TRANSFER, TERMINATION OF STORAGE, REMOVAL OF GOODS - SEC. 5 (a) Instructions to transfer goods on the books of the DSV are not effective until delivered to and accepted by DSV, and all charges up to the time transfer is made are chargeable to the depositor of record. If a transfer involves re-handling the goods, such will be subject to a charge. When goods in storage are transferred from one party to another, a new storage date is established on the date of transfer. (b) DSV reserves the right to move, at its expense, 14 days after notice is sent by certified or registered mail to the depositor of record or to the last known owner of the goods, any goods in storage from the warehouse in which they may be stored to any other of its warehouses; but if such depositor or holder takes delivery of his goods in lieu of transfer, no storage charge shall be made for the curr ent storage month. DSV 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 Facility identified on the front of this contract. (c) DSV may, upon written notice to the depositor of record and any other person known by DSV 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, DSV may sell them in accordance with applicable law. HANDLING - SEC. 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. (b) Unless otherwise agreed in Exhibit A, labor for unloading and loading goods will be subject to a charge. Additional expenses incurred by DSV 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.
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