WAREHOUSE RECEIPT TERMS AND CONDITIONS
It is agreed that PVT’s Warehouse Receipt Terms and Conditions shall govern the dealings between PVT and Customer. It is furthermore agreed that PVT’s Warehouse Receipt Terms and Conditions electronically published at http://www.PVTusa.com, as amended, shall govern. In the event of any conflict between these Warehouse Receipt Terms and Conditions as printed herein, and the electronically published Warehouse Receipt Terms and Conditions, the electronically published version shall control.
1. DEFINITIONS. As used in this Warehouse Receipt:
(a) “PVT” means Pinole Valley Trucking, Inc.;
(b)“Customer” means the person, company, firm or other entity for whom the Goods are stored and to whom this Warehouse Receipt is issued; and
(c) “Goods” means the property tendered to PVT by Customer for which PVT has agreed to store pursuant to this Warehouse Receipt.
2. OWNERSHIP OF GOODS. Customer warrants that it is the lawful owner and/or has lawful possession of the Goods tendered for storage. Customer warrants that it has sole legal rights to store Goods rendered, to release Goods, and to instruct PVT regarding delivery or disposition of the Goods. Customer agrees to indemnify and hold PVT harmless from any claim by third parties relating to the ownership, storage, handling or delivery of Goods, or from any other services provided by PVT under this Warehouse Receipt. Such indemnification shall include any legal fees or costs incurred from any claim by a third party, regardless of whether or not litigation is actually filed.
3. SERVICES. Pursuant to the terms and conditions of this Warehouse Receipt, PVT agrees to receive, store, and release the Goods in accordance with Customer’s reasonable instructions. PVT may provide additional services to Customer as requested and as agreed to in additional pricing sheets which will be provided to Customer upon request. Additional handling charges will apply whenever Goods are pulled for distribution or release, whenever physical inventories are requested by Customer, and whenever additional services are requested. Such additional charges will be provided to Customer and will be invoiced to Customer in addition to any storage charges due.
4. FIT FOR STORAGE/ACCURATE INFORMATION. (a) Customer warrants that the Goods are fit for storage, packing, handling, and any transportation (as may be required), and that the Goods are not included in the IATA Dangerous Goods Regulations prevailing at the time PVT receives the Goods. If Customer delivers any such unfit, dangerous or hazardous Goods to PVT, Customer shall be liable for all expenses costs, losses, damages, fines, penalties or other expenses of any sort incurred by PVT in connection with the Goods and shall indemnify PVT against all amounts, liabilities, claims, or damages arising in connection with the Goods. (b) For all Goods, Customer shall provide to PVT all commercial invoices and other documents or information necessary or useful for the safe and proper warehousing, handling, storage, and transportation of the Goods. If all such information and documents are not fully, accurately and timely provided to PVT, Customer shall indemnify PVT for all consequences of such failure.
5. PAYMENT TERMS. The full amount of all charges invoiced to Customer are due within thirty (30) days from the date of invoice. Any amount which is unpaid within that time shall accrue interest at the rate of one and a half percent (1.5%) per month until paid, which interest shall be added to the balance owed. Customer guarantees to PVT the payment of all amounts set forth in the invoice, which shall be paid without set-off, counterclaim, deduction or delay.
6. LIEN RIGHTS. PVT shall have a lien on the Goods tendered by Customer and upon any and all property belonging to Customer in PVT’s possession, custody or control for all charges, advances or amounts of any kind due to PVT under this Warehouse Receipt or under any prior or subsequent invoices issued to Customer by PVT(including charges for storage, handling, transportation, demurrage, terminal charges, insurance, labor, and any other charges incurred). PVT shall have a lien on the Goods and may refuse to surrender possession of the Goods until all charges or debts are paid in full. If such amounts remain unpaid for 30 days after PVT’s demand for payment, PVT may sell the Goods at public auction or private sale or in any other manner reasonable, and shall apply the proceeds of such sale to the amounts owed. Customer remains responsible for any deficiency outstanding to PVT.
7. COLLECTION EXPENSES. If it becomes necessary for PVT to utilize a collection agency and/or an attorney to collect any unpaid amount of this invoice or to assist in effectuating the lien provisions herein, Customer shall be obligated to pay the collection agency fees and/or attorney fees, and expenses including court costs incurred, regardless of whether litigation is actually filed.
8. LIABILITY. (a) PVT SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR DESTRUCTION TO THE GOODS, HOWEVER CAUSED, UNLESS SUCH LOSS, DAMAGE OR DESTRUCTION RESULTED FROM THE FAILURE OF PVT TO EXERCISE SUCH CARE IN REGARD TO THE GOODS AS A REAONABLY CAREFUL MAN WOULD EXERCISE UNDER LIKE CIRCUMSTANCES. PVT IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE. PVT is not responsible for loss or damage caused by acts of God, fires, frost or change of weather, civil or military unrest, riots, strikes, sprinkler leakage, floods, wind, storm, moths, or from inherent or perishable qualities of Rev. 12/2011 the merchandise, or other causes beyond its control. PVT is also not responsible for damages or losses due to pilferage or theft, unless such loss or damage is caused by the failure of PVT to exercise such ordinary care required by law. PVT shall also not be responsible for any concealed damage, or for losses incurred due to the concealed damage of the Goods. (b) In the event of loss or damage to the Goods for which PVT is legally liable, PVT’s liability shall be limited to actual value of the Goods, subject to a maximum of USD $500.00/per occurrence and $500.00/aggregate in any twelve month period for Goods lost or damaged. Except as provided above, in no event, whether as a result of breach of PVT’s duties, negligence, liability without fault or any other legal theory or basis, shall PVT be liable for special, incidental, consequential, punitive or statutory damages, losses or injuries of any nature, including, without limitation, loss of profits or revenue, loss of customers, loss of use of Goods, cost of substituted Goods, downtime costs, advertising costs, or labor costs of Customer or Customer’s customers.
9. INSURANCE. PVT does not insure the Goods and the storage rates or charges billed to Customer do not include any Insurance on the Goods. The Goods will therefore not be Insured for any loss or damage, and the limitation of Liability set forth in paragraph 7 shall apply in all circumstances where PVT is legally liable for such loss or damage, unless the Customer has requested in writing that PVT obtain insurance for the Customer’s benefit, and the Customer has paid the required premium to PVT for such additional insurance. Except as provided above, PVT will not obtain insurance on the Goods for Customer’s benefit while the Goods are being stored at PVT’s facility.
10. TEMPERATURE OR HUMIDITY CONTROLLED STORAGE. Unless specifically agreed to in writing, PVT shall not be responsible for storage of the Goods in a temperature or humidity controlled environment. Customer knowingly accepts that the Goods will be warehoused in a non-temperature/humidity controlled environment. PVT will not be responsible for any loss or damage to the Goods that result from fluctuations in temperature range or in humidity levels of the Warehouse. PVT will furthermore not be responsible for losses or damages incurred to Perishable Goods, unless otherwise agreed to in writing prior to tender of the Goods for storage.
11. FILING CLAIMS/TIME BAR. (a) PVT shall not be liable for any claim whatsoever for any loss, damage, or destruction of the Goods unless it is timely filed, in writing, within a maximum of thirty (30) days after Customer knew, or should have known by the exercise of reasonable care, of such loss or damage. (b) Any lawsuit or other claim against PVT with respect to the Goods is waived unless commenced within two (2) years after Customer knew, or should have known by the exercise of reasonable care, about such loss or damage.
12. CHOICE OF LAW/VENUE/JURISDICTION. This Warehouse Receipt shall be governed by the laws of the State of Illinois, without reference to its conflict of laws principles. Any litigation arising out of this Warehouse Receipt shall be exclusively brought in the state or federal courts in Riverside County, California.
13. GENERAL. This Warehouse Receipt constitutes the entire understanding between Customer and PVT regarding the storage of the Goods and services provided. This Warehouse Receipt supersedes all prior or contemporaneous verbal or written negotiations, statements, representations, or agreements. It is expressly understood that this Warehouse Receipt does not cover or apply to any rights, obligations, terms or conditions of the freight forwarding, customs brokerage or other services that PVT has provided or may provide to the Customer. This Agreement may not be modified except for a written agreement between Customer and an officer of PVT. If any section or portion of this Warehouse Receipt is held by any court to be illegal or unenforceable it shall not affect the legality or enforceability of the remaining provisions or terms and conditions herein.