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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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(c) Labor and materials used in loading rail cars or other vehicles will be charged to the Depositor. (d) When goods are ordered out in quantities less than in which received, DSV may make an additional charge for each order or each item of an order. (e) DSV shall not be liable for demurrage or detention charges or delays in loading or unloading unless such charges or delay was caused solely by DSV’s failure to exercise reasonable care. DELIVERY REQUIREMENTS - SEC. 7 (a) No goods shall be delivered or transferred except upon receipt by DSV of complete written instructions. Written instructions shall include, but are not limited to, FAX, EDI, TWX or similar communication, provided DSV 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 DSV shall not be responsible for loss or error occasioned thereby. (b) When a negotiable receipt has been issued no goods covered by that receipt shall be delivered, or transferred on the books of DSV, unless the receipt, properly endorsed is surrendered for cancellation or for endorsement of partial delivery thereon. If a negotiable receipt is lost or destroyed, delivery of goods may be made only upon order of a court of competent jurisdiction and the posting of security approved by the court as provided by law, or at DSV’s sole discretion, upon delivery of an indemnity bond or agreement in a form acceptable to DSV. (c) When goods are ordered out a reasonable time shall be given DSV to carry out instructions, and if DSV is unable because of acts of God, war, public enemies, seizure under legal process, strikes, terrorist acts, lockouts, riots and civil commotions, internet downtime or failure of IT systems, or any reason beyond the DSV’s control, or because of loss or destruction of goods for which DSV is not liable, or because of any other excuse provided by law, DSV 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, bracing, packing materials or other special supplies, may be provided for the Depositor at a charge in addition to the DSV’s cost. (d) By prior arrangement, goods may be received or delivered during other than usual business hours, subject to a charge MINIMUM CHARGES - SEC. 9 (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. 10 (A) DSV SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY TO GOODS STORED OR HANDLED, HOWEVER CAUSED, UNLESS SUCH LOSS OR INJURY RESULTED FROM THE FAILURE BY DSV TO EXERCISE SUCH CARE IN REGARD TO THEM AS A REASONABLY CAREFUL MAN WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND DSV IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE. (B) GOODS ARE NOT INSURED BY DSV AGAINST LOSS OR INJURY HOWEVER CAUSED. (C) THE DEPOSITOR DECLARES THAT DAMAGES FOR LOSS OR INJURY TO GOODS STORED OR HANDLED ARE LIMITED TO $0.50 PER POUND, PROVIDED, HOWEVER, THAT SUCH LIABILITY MAY AT THE TIME OF ACCEPTANCE 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 AN ADDITIONAL MONTHLY CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION. (D) WHERE LOSS OR INJURY OCCURS TO STORED GOODS, FOR WHICH DSV 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 LOSS OR INJURY TO THE GOODS.
