Negotiable Warehouse Receipt

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Negotiable Warehouse Receipt between a storage warehouse and an individual who will deposit property. It sets out all relevant terms including number of packages to be stored and their contents.

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This Negotiable Warehouse Receipt is between a depositor of property and a warehouse that agrees to store and handle the property. This receipt sets forth all relevant storage terms including the number of packages, package contents and any identifying marks, rates for storage and handling the contents and who is authorized to sign the receipt on behalf of the warehouse.

This receipt also sets out the terms and conditions of the storage including acceptance, shipping from depositor, storage period and charges and special services the warehouse will perform for depositor. Other provisions include liability and limitation of damages and who is liable in the event of the mysterious disappearance of depositor's goods.

This Negotiable Warehouse Receipt includes the following provisions:
  • Parties: Sets out the name of the warehouse and the depositor of storage goods;
  • Goods: Specific goods to be stored, including number of packages, contents and any marks on the packaging. It also sets out if the goods were shipped, any liens on the goods and endorsement of the delivery;
  • Terms and Conditions: Comprehensive list of terms including acceptance, storage period and charges, removal of the goods and any special services to be rendered for storage of the goods.

Protect your rights and your business by using our attorney-prepared forms.

This attorney-prepared packet contains:
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  2. Instructions and Checklist
  3. Negotiable Warehouse Receipt
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Negotiable Warehouse Receipt

 

 

Warehouse Company:  ______
 
______, ______, ______  ______
 
This is to certify that ______ ("Warehouse"), has received in storage at ______, ______, ______  ______ for the account of ______ ("Depositor"), property in apparent good order, unless labeled "contents, condition, and quality unknown," described as follows, subject to all the terms and conditions contained in this warehouse receipt.  The property shall be delivered to [BEARER/THE ORDER OF] ______, on the payment of all storage, handling, and other charges and the surrender of this warehouse receipt properly indorsed:
 
Number
Packages
Contents
Marks
 
 
This receipt is valid only when signed by one of the following officers:  ______.
 
Storage is to be at the rate of $______ per ______ per ______ from ______.
 
Handling is to be at the rate of $______ per ______ in and out inclusive.
 
Freight Lot No.
Bill No.
Car No.
 
______
______
______
 
Advances have been made and liability incurred on the goods as follows: _____________________
 
Shipped from:  __________________________________________________________________
 
 
[Signature of Company]
 
 
______ claims a lien 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 the goods.
 
Indorsements
 
By:     
 
The goods mentioned below are released from this receipt for delivery from warehouse.  Any unreleased balance of the goods is subject to a lien for unpaid charges and advances on the released portion.
   Deliveries
 
Date Released
Signature
Quantity
Quantity Due
 
______
   
______
______
 
 
   TERMS AND CONDITIONS
 
1.   Acceptance
 
(a)   This contract and rate quotation including accessorial charges endorsed on or attached to this receipt must be accepted within [spelled number of days] (______) days from the proposal date by signature of Depositor on the reverse side of this contract.  In the absence of written acceptance, the act of tendering goods described in this receipt for storage by warehouse within [spelled number of days] (______) days from the proposal date will constitute such acceptance by Depositor.
 
(b)   In the event that goods tendered for storage do not conform to the description contained in this contract or conforming goods are tendered for storage after [spelled number of days] (______) days from the proposal date without prior written acceptance by Depositor as provided in paragraph (a) of this section, warehouse may refuse to accept such goods for storage.  If warehouse accepts such goods for storage, Depositor agrees to rates and charges as may be assigned and invoiced by warehouse and to all terms of this contract.
 
(c)   This contract is deemed canceled should the described goods not be stored with warehouse for any period exceeding [spelled number of days] (______) days.
 
2.   Shipping
 
Depositor agrees not to ship goods to warehouse as the named consignee.  If, in violation of this agreement, goods are shipped to warehouse as named consignee, Depositor agrees to notify carrier in writing prior to such shipment, with copy of such notice to the warehouse, that warehouse named as consignee is a warehouse and has no beneficial title or interest in such property; and Depositor further agrees to indemnify warehouse from any 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 in this receipt, warehouse will have the right to refuse such goods and will not be liable or responsible for any loss, injury, or damage of any nature to or related to such goods.  Depositor agrees that all promises contained in this section will be binding on Depositor's heirs, successors, and assigns.
 
3.   Tender for Storage
 
All goods for storage will be delivered at the warehouse properly marked and packed for handling.  The Depositor will 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 desired.
 
4.   Storage Period and Charges
 
(a)   All goods are stored on a monthtomonth basis.  All charges for storage are per package, or other agreed unit, per month.
 
(b)   A storage month will extend from a date in one calendar month to, but not including, the same date of the next and all succeeding months, except as provided in paragraph (c) of this section.  All storage charges are due and payable on the first day of the storage month.
 
(c)   When mutually agreed by the warehouse and the Depositor, a full month's storage charge will apply on all goods received between the first and the 15th, inclusive, of a calendar month; onehalf month's storage charge will apply on all goods received between the 16th and 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 on the first day of storage for the initial month and thereafter on the first day of the calendar month.
 
5.   Transfer, Termination of Storage, Removal of Goods
 
(a)   Instructions to transfer goods on the books of the warehouse are not effective until delivered to and accepted by warehouse, and all charges up to the time transfer is made are chargeable 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 new warehouse receipt, a new storage date is established on the date of transfer.
 
(b)   The warehouse reserves the right to move, at warehouse's expense, [spelled number of days] (______) 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 of the other warehouses belonging to the warehouse; but, if such Depositor or holder takes delivery of warehouse's goods in lieu of transfer, no storage charge will be made for the current storage month.  The warehouse may, without notice, move goods within the warehouse in which they are stored.
 
(c)   The warehouse may, on written notice to the depositor of record and any other person known by the warehouse to claim an interest in the goods, require the removal of any goods by the end of the next succeeding storage month.  Such notice will 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 warehouse may sell them in accordance with applicable law.
 
(d)   If warehouse in good faith believes that the goods are about to deteriorate or decline in value to less than the amount of warehouse's lien before the end of the next succeeding storage month, the warehouse 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.
 
(e)   If, as the result of quality or condition of the goods of which the warehouse had no notice at the time of deposit, the goods are a hazard to other property or to the warehouse or to persons, the warehouse 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 warehouse, after a reasonable effort, is unable to sell the goods, warehouse may dispose of them in any lawful manner and will incur no liability by reason of such disposition.
6.   Handling
 
(a)   The handling charges cover the ordinary labor involved in receiving goods at warehouse door, placing goods in storage, and returning of goods to warehouse door and, unless otherwise specified, includes the unloading of regular boxcars at warehouse door.  Handling charges are due and payable on receipt of goods.
 
(b)   Labor for unloading goods from other-thanregular boxcars at warehouse door, additional expenses incurred by the warehouse in unloading damaged goods, and additional expenses in unloading cars not at warehouse door will be subject to charge.
 
(c)   Labor and materials used in loading rail cars or other vehicles are chargeable to the Depositor.
 
(d)   When goods are ordered out in quantities less than in which received, the warehouse may make an additional charge for each order or each item of an order.
 
(e)   The warehouse will not be liable for demurrage, delays in unloading inbound cars, or delays in obtaining and loading cars for outbound shipment unless warehouse has failed to exercise reasonable care.
 
7.   Delivery Requirements
 
(a)   No goods will be delivered or transferred except on receipt by the warehouse of complete instructions properly signed by the Depositor.  However, when no negotiable receipt is outstanding, goods may be delivered on instructions by telephone in accordance with a prior written agreement, but the warehouse will not be responsible for loss or error occasioned by telephone instructions.
 
(b)   When a negotiable receipt has been issued, no goods covered by that receipt will be delivered or transferred on the books of the warehouse, unless the receipt, properly endorsed, is surrendered for cancellation, or for endorsement of partial delivery.  If a negotiable receipt is lost or destroyed, delivery of goods may be made on 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 will be given to warehouse to carry out instructions; and, if warehouse is unable to do so because of acts of God, war, public enemies, seizure under legal process, strikes, lockouts, riots, and civil commotions; because of loss or destruction of goods for which warehouse is not liable; or because of any other excuse provided by law, the warehouse will not be liable for failure to carry out such instructions, and goods remaining in storage will continue to be subject to regular storage charges.
 
8.   Special Services
 
(a)   Warehouse labor required for services other than ordinary handling and storage will be charged to the Depositor.
 
(b)   Special services requested by Depositor, including, but not limited to, compiling of special stock statements; reporting marked weights, serial numbers, or other data from packages; physical checks 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 warehouse's cost.
 
(d)   By prior arrangement, goods may be received or delivered during otherthanusual business hours, subject to a charge.
 
(e)   Communication expense, including postage, teletype, telegram, or telephone, will be charged to the Depositor at cost if such concern more than the normal inventory recording or if, at the request of the Depositor, communications are made by otherthanregular United States mail.
 
9.   Bonded Storage
 
(a)   A charge in addition to regular rates will be made for merchandise in bond.
 
(b)   Where a warehouse receipt covers goods in United States Customs bond, such receipt will be void on the termination of the storage period fixed by law.
 
10.   Minimum Charges
 
(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 an 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.
 
11.   Liability and Limitation of Damages
 
(a)   The warehouse will not be liable for any loss or injury to goods stored however caused unless such loss or injury resulted from the failure by the warehouse to exercise such care in regard to them as a reasonably careful person would exercise under like circumstances, and warehouse is not liable for damages that could not have been avoided by the exercise of such care.
 
(b)   Goods are not insured by warehouse against loss or injury however caused.
 
(c)   The Depositor declares that damages are limited to $______, provided, however, that such liability may at the time of acceptance of this contract as provided in Section 1 be increased on part or all of the goods under this contract in which event a monthly charge of $______ will be made in addition to the regular monthly storage charge.
 
(d)   WHERE LOSS OR INJURY OCCURS TO STORED GOODS, FOR WHICH THE WAREHOUSE 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.
 
(e)   The warehouse shall not be liable for any loss of profit or special, indirect, or consequential damages of any kind.
 
12.   Notice of Claim and Filing of Suit
 
(a)   Claims by the Depositor and all other persons must be presented in writing to the warehouse within a reasonable time and in no event longer than either [spelled number of days] (______) days after delivery of the goods by the warehouse or [spelled number of days] (______) days after depositor of record or the last known holder of a negotiable warehouse receipt is notified by the warehouse 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 warehouse 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 [spelled number of months] (______) months after date of delivery by warehouse or within [spelled number of months] (______) 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 warehouse.
 
13.   Liability for Misshipment
 
If warehouse negligently misships goods, the warehouse shall pay the reasonable transportation charges incurred to return the misshipped goods to the warehouse.  If the consignee fails to return the goods, warehouse's maximum liability shall be for the lost or damaged goods as specified in Section 11 above, and warehouse shall have no liability for damages due to the consignee's acceptance or use of the goods whether such goods are those of the Depositor or another.
 
14.   Mysterious Disappearance
 
The warehouse 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 warehouse's failure to exercise the care required of warehouse 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 warehouse converted the goods to the warehouse's own use.
15.   Right to Store Goods
 
The Depositor represents and warrants that Depositor is lawfully possessed of the goods and has the right and authority to store them with the warehouse.  The Depositor agrees to indemnify and hold harmless the warehouse from all loss, cost and expense (including reasonable attorney fees) which warehouse pays or incurs as a result of any dispute or litigation, whether instituted by warehouse or others, respecting Depositor's right, title or interest in the goods.  Such amounts shall be charges in relation to the goods and subject to the warehouse's lien.
 
16.   Accurate Information
 
The Depositor will provide the warehouse with information concerning the stored goods that is accurate, complete and sufficient to allow the warehouse to comply with all laws and regulations concerning the storage, handling and transporting of the stored goods.  The Depositor will indemnify and hold the warehouse harmless from all loss, cost, penalty and expenses (including reasonable attorney fees) that the warehouse pays or incurs as a result of Depositor failing to fully discharge this obligation.
 
17.   Severability and Waiver
 
(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)   Warehouse's failure to require strict compliance with any provision of this receipt shall not constitute a waiver or estoppel to later demand strict compliance with that or any other provision(s) of this receipt.
 
(c)   The provisions of this receipt shall be binding on the Depositor's heirs, executors, successors and assigns; contain the sole agreement governing goods stored with the warehouse; and cannot be modified except by a writing signed by warehouse.
 
Number of Pages12
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43627
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Negotiable Warehouse Receipt

 

 

Warehouse Company:  ______
 
______, ______, ______  ______
 
This is to certify that ______ ("Warehouse"), has received in storage at ______, ______, ______  ______ for the account of ______ ("Depositor"), property in apparent good order, unless labeled "contents, condition, and quality unknown," described as follows, subject to all the terms and conditions contained in this warehouse receipt.  The property shall be delivered to [BEARER/THE ORDER OF] ______, on the payment of all storage, handling, and other charges and the surrender of this warehouse receipt properly indorsed:
 
Number
Packages
Contents
Marks
 
 
This receipt is valid only when signed by one of the following officers:  ______.
 
Storage is to be at the rate of $______ per ______ per ______ from ______.
 
Handling is to be at the rate of $______ per ______ in and out inclusive.
 
Freight Lot No.
Bill No.
Car No.
 
______
______
______
 
Advances have been made and liability incurred on the goods as follows: _____________________
 
Shipped from:  __________________________________________________________________
 
 
[Signature of Company]
 
 
______ claims a lien 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 the goods.
 
Indorsements
 
By:     
 
The goods mentioned below are released from this receipt for delivery from warehouse.  Any unreleased balance of the goods is subject to a lien for unpaid charges and advances on the released portion.
   Deliveries
 
Date Released
Signature
Quantity
Quantity Due
 
______
   
______
______
 
 
   TERMS AND CONDITIONS
 
1.   Acceptance
 
(a)   This contract and rate quotation including accessorial charges endorsed on or attached to this receipt must be accepted within [spelled number of days] (______) days from the proposal date by signature of Depositor on the reverse side of this contract.  In the absence of written acceptance, the act of tendering goods described in this receipt for storage by warehouse within [spelled number of days] (______) days from the proposal date will constitute such acceptance by Depositor.
 
(b)   In the event that goods tendered for storage do not conform to the description contained in this contract or conforming goods are tendered for storage after [spelled number of days] (______) days from the proposal date without prior written acceptance by Depositor as provided in paragraph (a) of this section, warehouse may refuse to accept such goods for storage.  If warehouse accepts such goods for storage, Depositor agrees to rates and charges as may be assigned and invoiced by warehouse and to all terms of this contract.
 
(c)   This contract is deemed canceled should the described goods not be stored with warehouse for any period exceeding [spelled number of days] (______) days.
 
2.   Shipping
 
Depositor agrees not to ship goods to warehouse as the named consignee.  If, in violation of this agreement, goods are shipped to warehouse as named consignee, Depositor agrees to notify carrier in writing prior to such shipment, with copy of such notice to the warehouse, that warehouse named as consignee is a warehouse and has no beneficial title or interest in such property; and Depositor further agrees to indemnify warehouse from any 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 in this receipt, warehouse will have the right to refuse such goods and will not be liable or responsible for any loss, injury, or damage of any nature to or related to such goods.  Depositor agrees that all promises contained in this section will be binding on Depositor's heirs, successors, and assigns.
 
3.   Tender for Storage
 
All goods for storage will be delivered at the warehouse properly marked and packed for handling.  The Depositor will 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 desired.
 
4.   Storage Period and Charges
 
(a)   All goods are stored on a monthtomonth basis.  All charges for storage are per package, or other agreed unit, per month.
 
(b)   A storage month will extend from a date in one calendar month to, but not including, the same date of the next and all succeeding months, except as provided in paragraph (c) of this section.  All storage charges are due and payable on the first day of the storage month.
 
(c)   When mutually agreed by the warehouse and the Depositor, a full month's storage charge will apply on all goods received between the first and the 15th, inclusive, of a calendar month; onehalf month's storage charge will apply on all goods received between the 16th and 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 on the first day of storage for the initial month and thereafter on the first day of the calendar month.
 
5.   Transfer, Termination of Storage, Removal of Goods
 
(a)   Instructions to transfer goods on the books of the warehouse are not effective until delivered to and accepted by warehouse, and all charges up to the time transfer is made are chargeable 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 new warehouse receipt, a new storage date is established on the date of transfer.
 
(b)   The warehouse reserves the right to move, at warehouse's expense, [spelled number of days] (______) 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 of the other warehouses belonging to the warehouse; but, if such Depositor or holder takes delivery of warehouse's goods in lieu of transfer, no storage charge will be made for the current storage month.  The warehouse may, without notice, move goods within the warehouse in which they are stored.
 
(c)   The warehouse may, on written notice to the depositor of record and any other person known by the warehouse to claim an interest in the goods, require the removal of any goods by the end of the next succeeding storage month.  Such notice will 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 warehouse may sell them in accordance with applicable law.
 
(d)   If warehouse in good faith believes that the goods are about to deteriorate or decline in value to less than the amount of warehouse's lien before the end of the next succeeding storage month, the warehouse 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.
 
(e)   If, as the result of quality or condition of the goods of which the warehouse had no notice at the time of deposit, the goods are a hazard to other property or to the warehouse or to persons, the warehouse 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 warehouse, after a reasonable effort, is unable to sell the goods, warehouse may dispose of them in any lawful manner and will incur no liability by reason of such disposition.
6.   Handling
 
(a)   The handling charges cover the ordinary labor involved in receiving goods at warehouse door, placing goods in storage, and returning of goods to warehouse door and, unless otherwise specified, includes the unloading of regular boxcars at warehouse door.  Handling charges are due and payable on receipt of goods.
 
(b)   Labor for unloading goods from other-thanregular boxcars at warehouse door, additional expenses incurred by the warehouse in unloading damaged goods, and additional expenses in unloading cars not at warehouse door will be subject to charge.
 
(c)   Labor and materials used in loading rail cars or other vehicles are chargeable to the Depositor.
 
(d)   When goods are ordered out in quantities less than in which received, the warehouse may make an additional charge for each order or each item of an order.
 
(e)   The warehouse will not be liable for demurrage, delays in unloading inbound cars, or delays in obtaining and loading cars for outbound shipment unless warehouse has failed to exercise reasonable care.
 
7.   Delivery Requirements
 
(a)   No goods will be delivered or transferred except on receipt by the warehouse of complete instructions properly signed by the Depositor.  However, when no negotiable receipt is outstanding, goods may be delivered on instructions by telephone in accordance with a prior written agreement, but the warehouse will not be responsible for loss or error occasioned by telephone instructions.
 
(b)   When a negotiable receipt has been issued, no goods covered by that receipt will be delivered or transferred on the books of the warehouse, unless the receipt, properly endorsed, is surrendered for cancellation, or for endorsement of partial delivery.  If a negotiable receipt is lost or destroyed, delivery of goods may be made on 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 will be given to warehouse to carry out instructions; and, if warehouse is unable to do so because of acts of God, war, public enemies, seizure under legal process, strikes, lockouts, riots, and civil commotions; because of loss or destruction of goods for which warehouse is not liable; or because of any other excuse provided by law, the warehouse will not be liable for failure to carry out such instructions, and goods remaining in storage will continue to be subject to regular storage charges.
 
8.   Special Services
 
(a)   Warehouse labor required for services other than ordinary handling and storage will be charged to the Depositor.
 
(b)   Special services requested by Depositor, including, but not limited to, compiling of special stock statements; reporting marked weights, serial numbers, or other data from packages; physical checks 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 warehouse's cost.
 
(d)   By prior arrangement, goods may be received or delivered during otherthanusual business hours, subject to a charge.
 
(e)   Communication expense, including postage, teletype, telegram, or telephone, will be charged to the Depositor at cost if such concern more than the normal inventory recording or if, at the request of the Depositor, communications are made by otherthanregular United States mail.
 
9.   Bonded Storage
 
(a)   A charge in addition to regular rates will be made for merchandise in bond.
 
(b)   Where a warehouse receipt covers goods in United States Customs bond, such receipt will be void on the termination of the storage period fixed by law.
 
10.   Minimum Charges
 
(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 an 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.
 
11.   Liability and Limitation of Damages
 
(a)   The warehouse will not be liable for any loss or injury to goods stored however caused unless such loss or injury resulted from the failure by the warehouse to exercise such care in regard to them as a reasonably careful person would exercise under like circumstances, and warehouse is not liable for damages that could not have been avoided by the exercise of such care.
 
(b)   Goods are not insured by warehouse against loss or injury however caused.
 
(c)   The Depositor declares that damages are limited to $______, provided, however, that such liability may at the time of acceptance of this contract as provided in Section 1 be increased on part or all of the goods under this contract in which event a monthly charge of $______ will be made in addition to the regular monthly storage charge.
 
(d)   WHERE LOSS OR INJURY OCCURS TO STORED GOODS, FOR WHICH THE WAREHOUSE 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.
 
(e)   The warehouse shall not be liable for any loss of profit or special, indirect, or consequential damages of any kind.
 
12.   Notice of Claim and Filing of Suit
 
(a)   Claims by the Depositor and all other persons must be presented in writing to the warehouse within a reasonable time and in no event longer than either [spelled number of days] (______) days after delivery of the goods by the warehouse or [spelled number of days] (______) days after depositor of record or the last known holder of a negotiable warehouse receipt is notified by the warehouse 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 warehouse 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 [spelled number of months] (______) months after date of delivery by warehouse or within [spelled number of months] (______) 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 warehouse.
 
13.   Liability for Misshipment
 
If warehouse negligently misships goods, the warehouse shall pay the reasonable transportation charges incurred to return the misshipped goods to the warehouse.  If the consignee fails to return the goods, warehouse's maximum liability shall be for the lost or damaged goods as specified in Section 11 above, and warehouse shall have no liability for damages due to the consignee's acceptance or use of the goods whether such goods are those of the Depositor or another.
 
14.   Mysterious Disappearance
 
The warehouse 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 warehouse's failure to exercise the care required of warehouse 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 warehouse converted the goods to the warehouse's own use.
15.   Right to Store Goods
 
The Depositor represents and warrants that Depositor is lawfully possessed of the goods and has the right and authority to store them with the warehouse.  The Depositor agrees to indemnify and hold harmless the warehouse from all loss, cost and expense (including reasonable attorney fees) which warehouse pays or incurs as a result of any dispute or litigation, whether instituted by warehouse or others, respecting Depositor's right, title or interest in the goods.  Such amounts shall be charges in relation to the goods and subject to the warehouse's lien.
 
16.   Accurate Information
 
The Depositor will provide the warehouse with information concerning the stored goods that is accurate, complete and sufficient to allow the warehouse to comply with all laws and regulations concerning the storage, handling and transporting of the stored goods.  The Depositor will indemnify and hold the warehouse harmless from all loss, cost, penalty and expenses (including reasonable attorney fees) that the warehouse pays or incurs as a result of Depositor failing to fully discharge this obligation.
 
17.   Severability and Waiver
 
(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)   Warehouse's failure to require strict compliance with any provision of this receipt shall not constitute a waiver or estoppel to later demand strict compliance with that or any other provision(s) of this receipt.
 
(c)   The provisions of this receipt shall be binding on the Depositor's heirs, executors, successors and assigns; contain the sole agreement governing goods stored with the warehouse; and cannot be modified except by a writing signed by warehouse.
 

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