(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.
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