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Warehouse Receipt


By Warehouse1

 

TERMS AND CONDITIONS

 

 

 

  1. Rights to Goods. The Customer warrants that it is the owner and/or has lawful possession of the goods and has the sole legal right to store and thereafter direct the release and/or delivery of such goods. The Customer agrees to indemnify and hold harmless (including legal fees and costs) Fulfiller of and from any claim by others relating to ownership, storage, and release of the goods, and/or any other services provided by Fulfiller under this Warehouse Receipt.
  1. Services Provided. Fulfiller shall receive, store and release the goods in its Facility as indicated on the Warehouse Receipt. Fulfiller may provide other services as requested by the Customer, at the rates set forth in the Schedule of Rates from time to time promulgated by Fulfiller with respect to such services; however, such additional services shall be provided by Fulfiller not as a bailee or warehouseman but solely as agent for the Customer.
  1. Rates and Charges. Whenever provision is made herein for a charge by Fulfiller, such charge shall be based upon Fulfiller's Schedule of Rates in effect at the time such charge accrues or the service is performed. The Schedule of Rates shall be provided to the Customer with or prior to the initial deposit of goods into storage, and may thereafter be obtained by the Customer from time to time upon written request to Fulfiller. Storage rates shall be computed as set forth in the Schedule of Rates. A warehouse handling charge shall be made for placing goods in storage and for removing goods to a platform for delivery, as set forth in the Schedule of Rates. Charges for other services performed by Fulfiller shall be billed as such services are performed according to the Schedule of Rates. The Customer, as well as the shipper, owner, and consignee of goods themselves, shall remain jointly and severally liable for all damages.
  1. Payment. All charges are net, due, and payable without offset or deduction, as set forth in the applicable Schedule of Rates. Handling-out charges shall be due and payable at the time an entire lot of goods is removed from storage.
  1. Customer Warranties. In addition to the warranties set forth in Section 1 above, the Customer warrants that the information as to count, weight, description, and condition of the goods set forth on any delivery document is accurate and complete and may be relied upon by Fulfiller. The Customer acknowledges and agrees that Fulfiller has no obligation to verify the quantity, content, condition, or quality of the goods delivered to Fulfiller for storage. The Customer further warrants that all individual packages, pieces, and items are clearly marked.
  1. Lien and Security Interest. Fulfiller shall have a warehouseman's lien upon all goods and property of the Customer deposited or stored with Fulfiller, and upon the proceeds from the sale thereof, in accordance with provisions of all applicable laws, for all lawful charges for storage and preservation of the goods; also for all lawful claims for money advanced, interest, insurance, transportation, labor, weighing, coopering and other charges and expenses in relation to such goods, and for the balance on any other accounts that may be due or for any other services that may have been rendered, and also for all reasonable charges and expenses for notice, advertisement and sale of the goods where default has been made, and for all costs, including legal fees, incurred in enforcing such lien, collecting charges or defending itself in the event Fulfiller is made party to any litigation concerning such goods and/or property. This lien may be enforced by Fulfiller at any time and from time to time. In addition, the Customer hereby grants to Fulfiller a security interest in the goods and all proceeds derived therefrom, in accordance with the Uniform Commercial Code of the jurisdiction in which the Facility is located, for the full amount of the fees, charges, and expenses identified above, and interest thereon, whether incurred before or after delivery and the Customer agrees to execute and deliver all such documents as may be required to perfect such security interest.
  1. Corrections. Unless written notice is given to Fulfiller within ten (10) days after receipt hereof by the Customer, this Warehouse Receipt shall be deemed complete and correct.
  2. Transfer, Removal of Goods, Termination. Fulfiller reserves the right to move, at its own expense of transfer, any goods in storage from the Facility in which they may be stored to any other warehouse owned or leased by Fulfiller or any of its affiliates; in which case such new warehouse shall be deemed the Facility for all purposes hereunder. Fulfiller can move goods within the Facility without notice to the Customer or any other party. Upon not less than thirty (30) days' prior written notice to the Customer and to any other party known by Fulfiller to claim an interest in the goods, Fulfiller may require the removal of the goods, or any portion thereof, and the immediate payment of all amounts owing hereunder, for any reason, with or without cause, and whether or not there has been any default by the Customer. Such notice shall be given by delivery in person or certified mail addressed to the last known place of business or abode of the person to be notified
  1. Liability of Fulfiller. Fulfiller shall be responsible for exercising reasonable care under the circumstances, and shall not be liable for any loss, damage or injury to the goods that could not have been avoided by the exercise of such reasonable care. In particular, and not in limitation hereof, Fulfiller shall not be responsible for loss or damage resulting from sprinkler leakage, fire, insect or rodent infestation, or any other cause, unless such damage results from Fulfiller's failure to exercise the degree of care required hereby or under the law. Goods are stored at the Customer's risk of loss or damage by acts of God, seizure or other acts of civil or military authority, insurrection, riot, strike, or enemies of the government, for loss or damage resulting from inadequate packaging or wear and tear, or from any cause beyond Fulfiller's control. In the event of loss, damage, shortage, failure to deliver and/or misdelivery involving the goods for any cause or reason for which Fulfiller is legally liable, Fulfiller shall be responsible only to the extent of the lesser of the actual cost to repair, restore and/or replace such goods or the amount specified on the first page of this Warehouse Receipt. If the Customer has declared a higher value on the first page of this Warehouse Receipt, an excess valuation charge shall be assessed in accordance with the applicable Schedule of Rates. The Customer agrees that the foregoing shall be its exclusive remedy against Fulfiller for any claim or cause of action whatsoever relating to the goods or services hereunder. IN NO EVENT SHALL THE CUSTOMER BE ENTITLED TO ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR NATURE.
  1. Insurance. The goods are not, and shall not at any time be, insured by Fulfiller. It is agreed that the charges assessed hereunder do not include any insurance charges.
  2. Change of Address. Notice of any change of address of the Customer must be given by the Customer to Fulfiller in writing and acknowledged in writing by Fulfiller on the following monthly statement and no notice of any change of address shall be valid or binding against Fulfiller if given in any other manner.
  1. Claims. The Customer shall notify Fulfiller in writing of any loss, damage, shortage, failure to deliver and/or misdelivery of goods within three (3) business days after the discovery by the Customer of such loss, damage, shortage, failure to deliver and/or misdelivery. The Customer must retain and permit Fulfiller to inspect the goods relating to such claim. Any lawsuit or arbitration proceeding must be commenced within nine (9) months following the date such claim arose. Failure to comply with any of the foregoing shall preclude the Customer from maintaining any claim or suit against Fulfiller. Any dispute or claim arising out of or for the breach of this Agreement or in connection with any goods stored hereunder, whether founded in tort or contract, shall be settled by arbitration under the arbitration laws of the jurisdiction in which the Facility is located and under the rules of the American Arbitration Association, provided, however, that upon any such arbitration, the arbitrator may not vary, modify or disregard the provisions contained herein, including those respecting the declared or agreed valuation of the goods and the limitation of liability of Fulfiller. The award may be entered as a judgment of a court of record in the county where the award is made. The Customer and Fulfiller shall share equally the cost of arbitration. Court costs shall be borne by the losing party.
  1. Law and Forum. This Warehouse Receipt shall be construed in accordance with, and governed by, the laws of the state in which the Facility is located. Notwithstanding any provision requiring arbitration of claims, any litigation arising out of this Warehouse Receipt or performance hereunder must be filed in any state or federal court located in the state in which the Facility is located, with the substantially prevailing party entitled to recover its reasonable legal fees and costs.
  1. Severability. Fulfiller's failure to insist upon the strict compliance with any provision hereof shall not constitute a waiver or estoppel of its right to demand strict compliance. If any provision hereof is found to be invalid, illegal and/or unenforceable for any reason whatsoever, the validity, legality and enforceability of the remaining provisions hereof shall remain intact.
  1. Counterparts and Signatures. This Warehouse Receipt may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute a single instrument. Any electronic or facsimile signature to this Warehouse Receipt shall be deemed equivalent to an original signature.
  1. Integration. The headings used in these terms and conditions are for convenience of reference only, and may not be construed so as to give any substantive meaning. This Warehouse Receipt, in conjunction with any Schedule of Rates and any Release Order issued in connection herewith, constitutes the entire agreement between Fulfiller and the Customer, and may not be altered or amended unless through a writing signed by both parties.        

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Signed by E-debit Richard
Signed On: January 24, 2022


Signature Certificate
Document name: Warehouse Receipt
lock iconUnique Document ID: cb1c18546368d8911ade7b64612e84d4d80d818a
Timestamp Audit
January 24, 2022 12:53 pm GMTWarehouse Receipt Uploaded by E-debit Richard - accounts@e-debit.com IP 117.98.40.113