Approved and promulgated by American Warehouse Association, October
1968; revised and promulgated by International Warehouse Logistics
Association, January 1998.
ACCEPTANCE - SEC. 1
(a) This contract and rate quotation including accessorial charges
endorsed on or attached hereto must be accepted within 30 days from the
proposal date by signature of depositor on the reverse side of the
contract. In the absence of written acceptance, the act of tendering
goods described herein for storage or other services by warehouseman
within 30 days from the proposal date shall constitute such acceptance
by depositor.
(b) In the event that goods tendered for storage or other services do
not conform to the description contained herein, or conforming goods are
tendered after 30 days from the proposal date without prior written
acceptance by depositor as provided in paragraph (a) of this section,
warehouseman may refuse to accept such goods. If warehouseman accepts
such goods, depositor agrees to rates and charges as may be assigned and
invoiced by warehouseman and to all terms of this contract.
(c) This contract may be canceled by either party upon 30 days written
notice and is canceled if no storage or other services are performed
under this contract for a period of 180 days.
SHIPPING - SEC. 2
Depositor agrees not to ship goods to warehouseman as the named
consignee. If, in violation of this agreement, goods are shipped to
warehouseman as named consignee, depositor agrees to notify carrier in
writing prior to such shipment, with copy of such notice to the
warehouseman, the warehouseman named as consignee is a warehouseman and
has no beneficial title or interest in such property and depositor
further agrees to indemnify and hold harmless warehouseman from any and
all claims for unpaid transportation charges, including demurrage,
undercharges, detention or charges of any nature, in connection with
goods so shipped. Depositor further agrees that, if it fails to notify
carrier as required by the preceding sentence, warehouseman shall have
the right to refuse such goods and shall not be liable or responsible
for any loss, injury or damage of any nature to, or related to, such
goods.
TENDER FOR STORAGE - SEC. 3
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.
STORAGE PERIOD AND CHARGES - SEC. 4
(a) All charges for storage are per package or other agreed unit per
month.
(b) Storage charges become applicable upon the date that warehouseman
accepts care, custody and control of the goods, regardless of unloading
date or date of issue of warehouse receipt.
(c) Except as provided in paragraph (d) of this section, a full month’s
storage charge will apply on all goods received between the first and
the 15th, inclusive, of calendar month, and a full month’s storage
charge will apply to all goods in storage on the first day of the next
and succeeding calendar months. All storage charges are due and payable
on the first day of storage for the initial month and thereafter on the
first day of the calendar month.
(d) When mutually agreed by the warehouseman and the depositor, a
storage month shall extend from a date in one calendar month to, but not
including, the same date of the next and all succeeding months. All
storage charges are due and payable on the first day of the storage
month.
TRANSFER, TERMINATION OF STORAGE, REMOVAL OF GOODS - SEC. 5
(a) Instructions to transfer goods on the books of the warehouseman are
not effective until delivered to and accepted by warehouseman, 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 through issuance of a new warehouse receipt, a new
storage date is established on the date of transfer.
(b) The warehouseman reserves the right to move, at his expense, 14 days
after notice is sent by certified or registered mail to the depositor of
record or to the last known holder of the negotiable warehouse receipt,
any goods in storage from the warehouse in which they may be stored to
any other of his warehouses; but if such depositor or holder takes
delivery of his goods in lieu of transfer, no storage charge shall be
made for the current storage month. Warehouseman 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 complex
identified on the front of this warehouse receipt.
(c) The warehouseman may, upon written notice to the depositor of record
and any other person known by the warehouseman 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, the warehouseman
may sell them in accordance with applicable law.
(d) If warehouseman in good faith believes that the gods are about to
deteriorate or decline in value to less than the amount of
warehouseman’s lien before the end of the next succeeding storage month,
the warehouseman may specify in the notification any reasonable shorter
time for removal of the goods an in case the goods are not removed, may
sell them at public sale held one week after a single advertisement or
posting as provided by law.
(e) If warehouseman in good faith believes that the goods are about to
deteriorate or decline in value to less than the amount of
warehouseman’s lien before the end of the next succeeding storage month,
the warehouseman may specify in the notification any reasonable shorter
time for removal of the goods and in case the goods are not removed, may
sell them at public sale held one week after a single advertisement or
posting as provided by law.
(f) If as a result of a quality or condition of the goods of which the
warehouseman had no notice at the time of deposit the goods are a hazard
to other property or to the warehouse or to persons, the warehouseman
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 the warehouseman after a reasonable effort is unable to sell
the goods, he 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, the warehouseman may remove the goods from
the warehouse and shall incur no liability by reason of such removal.
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. Handling charges are due and payable on receipt of
goods.
(b) Unless otherwise agreed, labor for unloading and loading goods will
be subject to a charge. Additional expenses incurred by the warehouseman
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.
(c) Labor and materials used in loading rail cars or their vehicles are
charged to the depositor.
(d) When goods are ordered out in quantities less than in which
received, the warehouseman may make an additional charge for each order
or each item of an order.
(e) The warehouseman shall not be liable for demurrage or detention,
delays in unloading inbound cars, trailers or other containers, or
delays in obtaining and loading cars, trailers or other containers for
outbound shipment unless warehouseman has failed to exercise reasonable
care.
DELIVERY REQUIREMENTS - SEC. 7
(a) No goods shall be delivered or transferred except upon receipt by
the warehouseman of complete written instructions. Written instructions
shall include, but are not limited to, FAX, EDI, TWX or similar
communication, provided warehouseman 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 the warehouseman 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 the
warehouseman, 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.
(c) When goods are ordered out a reasonable time shall be given the
warehouseman to carry out instructions, and if he is unable because of
acts of God, war, public enemies, seizure under legal process, strikes,
lockouts, riots and civil commotions, or any reason beyond the
warehouseman’s control, or because of loss or destruction of goods for
which warehouseman is not liable, or because of any other excuse
provided by law, the warehouseman 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 he
warehouseman’s cost.
(d) By prior arrangement, goods may be received or delivered during
other than usual business hours, subject to a charge.
(e) Communication expense including postage, teletype, telegram o
telephone will be charged to the depositor if such concern more than
normal inventory reporting or if, at the request of the depositor,
communications are made by other than regular United States Mail.
BONDED STORAGE - SEC. 9
(a) A Charge in addition to regular rates will be made for merchandise
in bond.
(b) Where a warehouse receipt covers goods in U.S. Customs bond, such
receipt shall be void upon the termination of the storage period fixed
by law.
MINIMUM CHARGES - SEC. 10
(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. 11
(a) The warehouseman shall not be liable for any loss or injury to goods
stored however caused unless such loss or injury resulted from the
failure by the warehouseman to exercise such care in regard to them as a
reasonably careful man would exercise under like circumstances and
warehouseman is not liable for damages which could not have been avoided
by the exercise of such care.
(b) Goods are not insured by the warehouseman against loss or injury
however caused.
(c) The Depositor declares that damages are limited to US$0.05 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 the
warehouseman 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.
NOTICE OF CLAIM AND FILING OF SUIT - SEC. 12
(a) Claims by the depositor and all other persons must be presented in
writing to the warehouseman within a reasonable time, and in no event
longer than either 60 days after delivery of the goods by the
warehouseman or 60 days after depositor of record or the last known
holder of a negotiable warehouse receipt is notified by the warehouseman
that loss or injury to part or all of the goods has occurred, whichever
time is shorter.
(b) No action may be maintained by the depositor or others against the
warehouseman for loss or injury to the goods stored unless timely
written claim has been given as provided in paragraph (a) of this
section and unless such action is commenced either within nine months
after the date of delivery by warehouseman or within nine months after
depositor of record or the last known holder of a negotiable warehouse
receipt is notified that loss or injury to part or all of the goods has
occurred whichever time is shorter.
(c) When goods have not been delivered, notice may be given of known
loss or injury to the goods by mailing of a registered or certified
letter to the depositor of record or to the last known holder of a
negotiable warehouse receipt. Time limitations for presentation of claim
in writing and maintaining of action after notice begin on the date of
mailing of such notice by warehouseman.
LIABILITY FOR CONSEQUENTIAL DAMAGES - SEC. 13
Warehouseman shall not be liable for any loss of profit or special,
indirect, or consequential damages of any kind.
LIABILITY FOR MISSHIPMENT - SEC. 14
If warehouseman negligently misships goods, the warehouseman shall pay
the reasonable transportation charges incurred to return the misshiped
goods to the warehouse. If the consignee fails to return the goods,
warehouseman’s maximum liability shall be for the lost or damaged goods
as specified in Section 11 above and warehouseman shall have no
liability for damages due to the consignee’s acceptance or use of the
goods whether such goods be those of the depositor or another.
MYSTERIOUS DISAPPEARANCE - SEC. 15
Warehouseman shall not be liable for loss of goods due to inventory
shortage or unexplained or mysterious disappearance of goods unless
depositor establishes such loss occurred because of warehouseman’s
failure to exercise the care required of warehouseman under Section 11
above. Any presumption of conversion imposed by law shall not apply to
such loss and a claim by depositor of conversion must be established by
affirmative evidence that the warehouseman converted the goods to the
warehouseman’s own use.
RIGHT TO STORE GOODS - SEC. 16
Depositor represents and warrants that depositor is lawfully possessed
of the goods and has the right and authority to store them with
warehouseman. Depositor agrees to indemnify and hold harmless the
warehouseman from all loss, cost and expense (including reasonable
attorney’s fees) which warehouseman pays or incurs as a result of any
dispute or litigation, whether instituted by warehouseman or others,
respecting depositor’s rights, title or interest in the goods. Such
amounts shall be charges in relation to the goods and subject to
warehouseman’s lien.
ACCURATE INFORMATION - SEC. 17
Depositor will provide warehouseman with information concerning the
stored goods, which is accurate, complete and sufficient to allow
warehouseman to comply with all laws and regulations concerning the
storage, handling and transporting of the stored goods. Depositor will
indemnify and hold warehouseman harmless from all loss, cost, penalty
and expense (including reasonable attorney’s fees) which warehouseman
pays or incurs as a result of depositor failing to fully discharge this
obligation.
SEVERABILITY AND WAIVER, SEC. 18
(a) If any provision of this receipt, or any application thereof, should
be construed or held to be void, invalid or unenforceable, by order,
decree or judgment of a court of competent jurisdiction, the remaining
provisions of this receipt shall not be affected thereby but shall
remain in full force and effect.
(b) Warehouseman’s failure to require strict compliance with any
provision of the Warehouse Receipt shall not constitute a waiver or
estoppel to later demand strict compliance with that or any other
provision(s) of this warehouse receipt.
(c) The provisions of this Warehouse Receipt shall be binding upon the
depositor’s heirs, executors, successors and assigns; contain the sole
agreement governing goods stored with the warehouseman; and, cannot be
modified except by a writing signed by warehouseman.
WAREHOUSEMAN: For purposes of these Terms and Conditions, warehouseman
shall mean Walker International Transportation, LLC; and/or Walker
International Transportation, Inc.; and/or WIT Logistics, Inc.; and/or
L.A. Enterprises, LLC.