KCE Logistics Inc
Terms and Conditions for Warehousing & Storage Services
As used in this Warehouse Receipt (“RECEIPT”) or Contract and Rate Quotation (“RATE QUOTATION”) the following terms have the following meanings:
(a) CONTRACT. COMPANY’S RECEIPT or RATE QUOTATION containing these Contract Terms and Conditions.
(b) STORER. The person, firm, corporation or other entity for whom the GOODS described herein are stored and to whom this CONTRACT is issued and anyone else claiming an interest in the GOODS.
(c) COMPANY. Company includes KCE Logistics Inc and It shall also include officers, directors, employees and agents of COMPANY while acting within the scope and course of their employment.
(d) WAREHOUSE. COMPANY’S warehouse complex identified on the front side of this CONTRACT.
(e) GOODS. The personal property and/or any portion thereof described herein which COMPANY has agreed to receive, handle and/or store pursuant to this CONTRACT.
(f) LOT. Unit or units of GOODS which are separately identified by the COMPANY.
(g) ADVANCE. All sums due or claimed to be due to COMPANY from STORER or others relating to the GOODS regardless of the source, whether liquidated or not, including but not limited to loans, disbursements, charges made for or on account of STORER or GOODS, necessary for preservation of GOODS or reasonably incurred in their sale pursuant to law.
(a) All GOODS for storage shall be delivered at the WAREHOUSE properly marked and packed for handling.
(b) STORER shall furnish, at or prior to delivery, a manifest showing marks, brands or sizes to be kept and accounted for separately and the class of storage desired. Otherwise the GOODS may be stored in bulk or assorted lots in freezer, cooler or general storage at the discretion of COMPANY and at the applicable storage rate.
(c) STORER will provide COMPANY with accurate and complete information concerning the GOODS sufficient to allow COMPANY to comply with all laws and regulations concerning the storage, handling and transportation of the GOODS and will indemnify and hold COMPANY harmless from all loss, cost, penalty and expense (including reasonable attorneys’ fees) as a result of STORER’S failure to do so.
(d) Receipt and delivery of the GOODS shall be made without subsequent sorting except by special arrangement which may be subject to a charge.
(e) Unless otherwise agreed to in writing, COMPANY shall store and deliver GOODS only in the packages in which they are originally received and shall not segregate GOODS by production code date.
(f) Unless STORER shall have given, at or prior to delivery of the GOODS, written instructions to the contrary, COMPANY, in its discretion, may commingle and store in bulk different lots of fungible GOODS, whether or not owned by the same STORER.
(g) STORER agrees that all GOODS shipped to COMPANY shall identify STORER on the bill of lading or other contract of carriage as the consignee, in care of COMPANY, and shall not identify COMPANY as the consignee. If, contrary to this requirement, GOODS are shipped to COMPANY as consignee, STORER shall indemnify and hold COMPANY harmless from all claims for transportation, storage, handling and other charges relating to such GOODS.
(a) COMPANY may, upon written notice, require the removal of the GOODS, or any portion thereof, from the WAREHOUSE within a stated period, not less than 30 days after such notification. If said GOODS are not so removed, COMPANY may sell them as provided by law and shall be entitled to exercise any other rights it has under the law with respect to said GOODS.
(b) If, in the opinion of COMPANY, GOODS may be about to deteriorate or decline in value to less than the amount of COMPANY’S lien, or may constitute a hazard to other property or to the WAREHOUSE or persons, the GOODS may be removed or disposed of by COMPANY as permitted by law. All charges related thereto shall be paid by STORER.
(a) The GOODS shall be stored, at COMPANY’S discretion, at any one or more buildings at the WAREHOUSE. The identification of any specific location within the WAREHOUSE does not guarantee that the GOODS shall be stored there.
(b) Unless otherwise agreed in writing, COMPANY may, at any time, at its expense, and without notice to STORER, remove any GOODS from any room or area of the WAREHOUSE to any other room or area thereof.
(c) Upon ten days written notice to STORER, COMPANY may, at its expense, remove the GOODS to any other warehouse operated by COMPANY.
(a) Storage charges commence upon the date that COMPANY accepts care, custody and control of the GOODS, regardless of unloading date or date RECEIPT is issued.
(b) A full month’s storage charge shall apply on receipt of GOODS and an additional monthly storage charge shall apply on each successive storage month on all GOODS then remaining in storage.
(c) COMPANY’S storage and other charges are set forth in the RATE QUOTATION or other document issued by COMPANY to STORER and/or COMPANY’s tariff and may be increased on 30 days’ notice.
(d) Unless COMPANY specifies otherwise all storage charges are fully earned and are due and payable on the 1st day of storage for the initial month and thereafter on the 1st day of each storage month.
(e) Rates quoted by weight will, unless otherwise specified, be computed on gross weight and 2,000 pounds constitute a ton.
(a) Unless otherwise specified, handling charges cover only the ordinary labor and duties incidental to receiving and delivering unitized GOODS on pallets at the WAREHOUSE dock during COMPANY’S normal business hours but do not include loading and unloading.
(b) Unless otherwise specified, a charge in addition to the regular handling charges will be made for any work performed by COMPANY other than as specified in Section 6(a), at COMPANY’S then current rates which are available upon request.
(c) When GOODS are ordered out in quantities less than in which received, COMPANY may make an additional charge for each order or each item of an order.
(d) Delivery by COMPANY of less than all units of any lot or of less than all the fungible GOODS stored for STORER shall be made without subsequent sorting except by special arrangement which may be subject to an additional charge.
(a) Instructions by STORER to transfer GOODS to the account of another are not effective until accepted by COMPANY. Charges will be made for each transfer and for any rehandling deemed by COMPANY to be required thereby. COMPANY reserves the right not to deliver or transfer GOODS except upon receipt of written instructions signed by STORER.
(b) STORER may authorize COMPANY in writing to accept telephone orders for delivery. In such case, (1) COMPANY may require that each telephone order be confirmed by STORER in writing within 24 hours, and/or (2) acceptance by COMPANY of any telephone order shall be at the risk of STORER. COMPANY will not be liable for any loss resulting from delivery made pursuant to telephone order, whether or not so authorized.
(c) COMPANY shall have a reasonable time to make delivery after GOODS are ordered out and shall have a minimum of ten business days after receipt of a delivery order in which to locate any misplaced GOODS.
(d) If COMPANY is unable to effect delivery before expiration of the then current storage period due to any cause beyond its control, the GOODS may, at COMPANY’S discretion, be subject to storage charges for each succeeding storage period.
(e) All instructions and requests for delivery of GOODS and/or transfer of title are received subject to satisfaction of all charges, liens and security interests of COMPANY with respect to the GOODS. Upon termination of the storage relationship for any reason, COMPANY may refuse to deliver the GOODS until it has been fully paid for all charges then due it regardless of the payment terms otherwise applicable to such charges.
(f) COMPANY may require, as a condition to delivery, a statement from STORER holding COMPANY harmless from claims of others asserting rights to the GOODS. COMPANY may also exercise any other remedy available to it under the law to resolve conflicting claims to the GOODS. All costs, charges and expenses, including reasonable attorneys’ fees, incurred by COMPANY relating in any way to COMPANY’s activities referred to in this Section 7(f) shall be charged to STORER and shall be considered charges with respect to the GOODS and subject to Company’s general warehouse lien.
(g) If COMPANY in good faith believes that the goods are about to deteriorate or decline in value in an amount less than the amount of the warehouse’s then current and otherwise outstanding storage or other charges before the end of the next succeeding storage month, COMPANY may specify in the notification any reasonable shorter time for the removal of the goods, and failing their removal, COMPANY may sell them at public sale held one week after a single advertisement or posting as provided by law.
(h) If, as a result of a quality or condition of the goods of which the warehouse had no notice at the time of deposit or because of which the goods have deteriorated and become a hazard to other property or to COMPANY or to any persons, COMPANY, at its sole discretion, may sell the goods at public or private sale without advertisement on reasonable notification to all persons known to claim an interest in the goods. If COMPANY after a reasonable effort is unable to sell the goods, it may dispose of them in any lawful manner and shall incur no liability by reason of such disposition. Pending such disposition, sale, or return of the goods, COMPANY may remove the goods from the warehouse, and it shall incur no liability by reason of such removal.
(a) Other services rendered in the interest of STORER or the GOODS are chargeable to STORER.
(b) All ADVANCES are due and payable immediately. All charges are due and payable upon the date of invoice. All charges not paid within 30 days from the due date are subject to an interest charge, from the date said charge became due until paid, at the lesser of 1.5% per month or the maximum amount allowed by law.
(c) STORER may, subject to reasonable limitations, inspect the GOODS when accompanied by an employee of COMPANY whose time is chargeable to STORER.
(e) In the event of damage or threatened damage to the GOODS, STORER shall pay all reasonable and necessary costs of protecting and preserving the GOODS and for clean-up and disposal of damaged and destroyed Goods.
(f) COMPANY shall supply dunnage, bracing, and fastenings where it deems it appropriate on outbound shipments and the cost thereof is chargeable to STORER.
(g) Any costs incurred by COMPANY in unloading railcars or trucks containing damaged GOODS are chargeable to STORER.
(h) COMPANY shall not be responsible for detention or demurrage charges or delays in loading or unloading unless such detention or demurrage charge or delay was caused solely by COMPANY’S negligence.
(i) An additional charge will be made for bonded storage if available.
(j) COMPANY may assess an additional charge when GOODS designated for cooler or freezer storage, are received at temperatures more than five degrees Fahrenheit above the applicable room temperature.
(k) All storage, handling and other services may be subject to minimum charges.
(l) STORER agrees to pay COMPANY all costs, charges and expenses including reasonable attorney’s fees (“EXPENSES”) incurred by COMPANY in connection with the storage, handling and/or disposition of the GOODS.
(m) STORER shall reimburse COMPANY for the cost of all pallets supplied by COMPANY.
(n) COMPANY may charge STORER an energy surcharge in the event of an increase in COMPANY’S energy costs by providing STORER with no less than 30 days prior notice.
The STORER agrees to indemnify, defend, and hold the COMPANY harmless from any claims and/or liability, fines, penalties and/or attorneys’ fees arising from the importation or exportation of customers merchandise and/or any conduct of the STORER.
(a) COMPANY DOES NOT GUARANTEE TO STORE FROZEN GOODS AT ANY SPECIFIC TEMPERATURE OTHER THAN AT OR BELOW THE FREEZING POINT (32F).
(b) COMPANY shall not be liable for damages by rust, fire, water, leakage, breakage, vermin, or weather.
(c) IN ANY EVENT, THE WAREHOUSEMAN’S LIABILITY IS LIMITED TO FIFTY DOLLAR ( USD 50.00 ) PER WAREHOUSE RECEIPT.
(d) IN NO EVENT SHALL STORER BE ENTITLED TO INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR DESCRIPTION.
(e) COMPANY shall not be required to store GOODS in a humidity-controlled environment unless agreed in writing.
(f) If COMPANY negligently misships GOODS, COMPANY shall pay the reasonable transportation charges or the value of the GOODS based upon Section 10(c).
COMPANY shall not be liable for losses, damages, delays, wrongful or missed deliveries or nonperformance resulting from circumstances beyond the control of either Company or its sub-contractors.
COMPANY shall not be liable for any claim unless such claim is presented in writing within 60 days.
The GOODS are not insured by COMPANY and the storage rates do not include insurance on the GOODS.
COMPANY shall have a general and continuing warehouse lien against the GOODS and on the proceeds thereof for all charges.
In any dispute involving monies owed to COMPANY, COMPANY shall be entitled to all costs of collection, including reasonable attorney’s fees.
COMPANY’S failure to insist upon strict compliance shall not constitute a waiver.
STORER represents and warrants that it has full power and authority to enter into this CONTRACT.
All written notices required herein may be transmitted by any commercially reasonable means of communication.
This CONTRACT constitutes the entire agreement between COMPANY and STORER.
These terms and conditions shall be construed according to the laws of the State of Florida.
