TERMS AND CONDITIONS
(Approvedand promulgated by AmericanWarehouse Association, October 1968; revisedand promulgated by International
Warehouse Logistics Association, January 1998)
ACCEPTANCE – Sec.1
(a) This contract and rate quotationincluding accessorialcharges endorsed onor attached heretomust 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 warehousemanwithin 30 days from
the proposal dateshall constitute suchacceptance 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
(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.
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 inwriting prior to such shipment, with copy
of such notice to the warehouseman, that 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 fromany and all
claims for unpaid transportation charges, including undercharges, demurrage, 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 andshall not be liable or responsible for any loss, injury or
damage of any nature to, or related to, such goods.
TENDER FORSTORAGE– 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 storageand other services desired.
STORAGE PERIOD AND CHARGES– Sec.4
(a) All charges forstorage are per package or otheragreed 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 dateof issue of warehouse receipt.
(c)Except as provided in paragraph (d) of this section, a fullmonth’s storage charge will apply onall goods received between
the first and the 15th, inclusive, of a calendar month; one-half month’s storage charge will apply on all goods received
between the 16th and the last day, inclusive, of a 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 onthe first day
of storage for the initialmonthand thereafter onthe first day of the calendarmonth.
(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 onthe first day of thestoragemonth.
TRANSFER, TERMINATIONOF STORAGE, REMOVAL OFGOODS– Sec.5
(a) Instructions to transfer goods on the books of the warehouseman are not effective until delivered to and accepted by
warehouseman, andall charges up to the time transfer is made arechargeable to the depositor of record. If a transfer involves
rehandling the goods, such will be subject to a charge. When goods in storage are transferred from one party to another
through issuance of a newwarehouse receipt, a newstorage date is establishedon the date of transfer.
(b) The warehouseman reserves the right to move, at his expense, 14 days after notice is sent by certifiedor registeredmail 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 lieuof transfer, no storage charge shall be made for the current storage month. Warehousemanwill store the goods
at, andmay without notice move the goods withinand between, any one or more of the warehouse buildings which comprise
the warehouse complex identifiedonthe 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 claiman interest in the goods, require the removal of any goods by the end of the next succeedingstorage
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 end of the next succeeding storage month, the warehouseman may sell them in accordance with
BONDED STORAGE– Sec.9
(a) Acharge inadditionto regular rateswill bemade 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 fixedby law.
MINIMUMCHARGES – Sec. 10
(a) A minimumhandling charge per lot and a minimumstorage charge per lot per month will be made. When a warehouse
receipt covers more thanone lot orwhena lot is inassortment, aminimumcharge permark, brand, or variety will bemade.
(b) A minimum monthly charge to one account for storage and/or handling will be made. This charge will apply also to each
account whenone customer hasseveralaccounts, each requiring separate records and billing.
LIABILITYAND LIMITATIONOF DAMAGES – Sec.11
(a) THEWAREHOUSEMANSHALL NOT BE LIABLE FORANY LOSS OR INJURY TOGOODS STORED HOWEVERCAUSEDUNLESSSUCHLOSS
OR INJURY RESULTED FROMTHE FAILURE BY THEWAREHOUSEMAN TO EXERCISE SUCH CARE IN REGARD TO THEMAS A REASONABLY
CAREFUL MANWOULDEXERCISEUNDERLIKECIRCUMSTANCES ANDWAREHOUSEMAN ISNOTLIABLE FORDAMAGESWHICHCOULDNOT
HAVE BEENAVOIDEDBYTHE EXERCISEOF SUCHCARE.
(b) GOODS ARENOT INSURED BY THEWAREHOUSEMANAGAINSTLOSS OR INJURY HOWEVERCAUSED.
(c) THE DEPOSITOR DECLARES THAT DAMAGES ARE LIMITED TO $0.50 DOLLARS PER POUND, PROVIDED, HOWEVER, THAT SUCH
LIABILITY MAY AT THE TIME OF ACCEPTANCE OF THIS CONTRACT AS PROVIDED IN SECTION 1 BE INCREASED UPON DEPOSITOR’S
WRITTEN REQUEST ON PART OR ALL OF THE GOODS HEREUNDER INWHICH EVENTAN ADDITIONAL MONTHLY CHARGE WILL BE MADE
BASED UPONSUCH INCREASED VALUATION.
(d)WHERE LOSS OR INJURY OCCURS TOSTORED GOODS, FORWHICH HEWAREHOUSEMAN ISNOTLIABLE, THE DEPOSITORSHALL BE
RESPONSIBLE FOR THECOST OF REMOVINGANDDISPOSINGOF SUCHGOODSAND THECOSTOFANYENVIRONMENTAL CLEAN UPAND
SITE REMEDIATION RESULTINGFROMTHE LOSSOR INJURY TOTHEGOODS.
NOTICE OFCLAIMAND FILINGOFSUIT – Sec. 12
(a)Claims by the depositor andall other personsmust be presentedin writing to the warehousemanwithina 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 negotiablewarehouse receipt is notified by thewarehouseman 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 claimhas been givenas provided in paragraph (a) of this section and unless such actionis commenced
either within nine months after 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 lossor 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
LIABILITY FOR CONSEQUENTIAL DAMAGES – Sec. 13
Warehouseman shall not be liable for any loss of profit or special, indirect, or onsequentialdamages of any kind.
LIABILITY FORMISSHIPMENT – Sec. 14
If warehouseman negligently misships goods, the warehousemanshall pay the reasonable transportationcharges incurred to
return the misshipped goods to the warehouse. If the consignee fails to return the goods, warehouseman’s maximumliability
shall be for the lost or damaged goods as specified in Section 11 above, and warehouseman shall have no liability for
damages due to theconsignee’s acceptance or use of the goodswhether 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 unexplainedor 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
claimby depositor of conversionmust be established by affirmative evidence that thewarehouseman converted the goods to
the warehouseman’s own use.
RIGHT TOSTORE 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 attorneys’ fees) which warehouseman pays or incurs as a result of any dispute or litigation,
whether instituted by warehouseman or others, respecting depositor’s right, title or interest in the goods. Such amounts shall
be charges in relation to the goods andsubject to warehouseman’s lien.
GENERAL LIENONANY PROPERTY– Sec. 17
The company shall have a general lien on any and all property (and documents relating thereto) of the Customs, in its
possession, custody or control or in route, for all claims for charges, expenses or advances incurred by the Company in
connection with any shipments of the Customer and if such claim remains unsatisfied for 30 days after demand for its
payment is made, the Company mat sell at public auction or private sale, upon 10 days written notice, registered mail
(R.R.R.), the Customer, the goods, wares and/or merchandise, or so much thereof as may be necessary to satisfy such lien,
and apply the net proceeds of suchsale is the payment of the amount due to the Company. Any surplus fromsuchsale shall
be transmitted to thecustomer, and thecustomer shall be liable for any deficiency inthe sale.
ACCURATE INFORMATION– Sec. 18
Depositorwill providewarehousemanwith informationconcerning the stored goods whichis accurate, complete andsufficient
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 fromall loss, cost, penalty and expense (including
reasonable attorneys’ fees) which warehouseman pays or incurs as a result of depositor failing to fully discharge this
SEVERABILITYandWAIVER– Sec. 19
(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 remainin 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 withthat or any other provision(s) of thisWarehouse Receipt.
(c) The provisions of thisWarehouse 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
EN CASO DE DAÑOS, PERDIDAS O RETARDOS DE MERCADERIAS TRANSPORTADAS VIA AEREA, CUYO
CONTRATO SE REGULE POR EL CONVENIO DE MONTREAL 1999, JAUSER CARGO FRENTE A RECLAMOS,
INDEMNIZATORIOS, EN CASO QUE ELLO CORRESPONDA, SOLAMENTE SERA RESPONSABLE HASTA LA
SUMA DE 17 DERECHOS ESPECIALES DE GIRO POR KILO.