non-negotiable storage contract and warehouse receipt · non-negotiable storage contract and...

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DEPOSITOR OR AUTHORIZED AGENT SIGNATURE DATE SIGNED DEPOSITOR OR AUTHORIZED AGENT DATE SIGNED X / / NON-NEGOTIABLE STORAGE CONTRACT AND WAREHOUSE RECEIPT PLEASE REFER TO THIS LOT NUMBER ON ANY CORRESPONDENCE LOT NO. PREPARED BY DATE OF ORDER RECEIVED BY: HEREINAFTER REFERRED TO AS “THE COMPANY” FROM: HEREINAFTER REFERRED TO AS “THE DEPOSITOR” DOMICILED AT: TELEPHONE NO: PROPERTY TO BE STORED AT: THE GOODS AS DESCRIBED IN THE INVENTORY ATTACHED TO AND MADE A PART OF THIS COMBINED STORAGE CONTRACT AND WAREHOUSE RECEIPT, UPON THE TERMS AND CONDITIONS SET FORTH AND ON THE FRONT AND REVERSE SIDE HEREOF. 1. STORAGE PERIOD AND CHARGE: A STORAGE PERIOD IS DEFINED HEREIN AS THAT PERIOD EXTENDING FROM ONE DATE IN ONE CALENDER MONTH UP TO BUT NOT INCLUDING THE SAME DATE IN THE NEXT SUCCEEDING MONTH. IF THERE WERE NO CORRESPONDING DATE IN THE NEXT SUCCEEDING MONTH, THE STORAGE PERIOD SHALL EXTEND TO INCLUDE THE LAST DAY OF THAT MONTH. THE MINIMUM CHARGE SHALL BE NO LESS THAN THE CHARGE FOR THE FIRST THREE STORAGE PERIODS. A FULL PERIOD STORAGE CHARGE SHALL APPLY FOR EACH STORAGE PERIOD OR FRACTION THEREOF. THE PERIODIC STORAGE CHARGE FOR THE GOODS SPECIFIED HEREIN IS $ . 2. OTHER RECURRING CHARGES: IF A DECLARATION OF VALUE IS MADE BY THE DEPOSITOR IN PARAGRAPH 4 BELOW, THE RESULTING VALUATION CHARGE SHALL BE IN ADDITION TO THE PERIODIC STORAGE CHARGE SPECIFIED ABOVE, AND EACH SUCH VALUATION CHARGE SHALL BE APPLICABLE IN EACH STORAGE PERIOD AS SPECIFIED THEREON. 3. OTHER CHARGES: a) A WAREHOUSE LABOR CHARGE FOR HANDLING THE GOODS IN AND OUT SHALL BE MADE UPON COMMENCEMENT OF THE FIRST STORAGE PERIOD, IN ADDITION TO THE ABOVE CHARGES. b) A PLATFORM CHARGE SHALL BE ALSO MADE FOR RECEIVING FROM OR DELIVERING TO OUTSIDE TRUCKMEN OR DEPOSITOR’S OWN VEHICLE. c) LABOR AND/OR MATERIALS SUPPLIED ON ANY ACCESS TO GOODS IN THE WAREHOUSE WILL BE CHARGED BY THE COMPANY AT THE PREVAILING RATES. d) CARTAGE IN AND/OR OUT OF WAREHOUSE WILL BE BASED ON THE TARIFF OR PREVAILING RATES. e) ANY SERVICES INCIDENTAL THERETO PERFORMED AT THE REQUEST OF THE DEPOSITOR AND/OR AS SPECIFIED HEREIN, ALL SAID SERVICES TO BE PERFORMED AND/OR CHARGED PURSUANT TO THE APPLICABLE RATES AND CHARGES SPECIFIED IN THIS CONTRACT, CARTAGE CONTRACT, BILL OF LADING, ORDER FOR SERVICES, TARIFFS OR PREVAILING RATES, AT THE TIME SUCH SERVICES ARE PERFORMED OR SUCH SUPPLIES PROVIDED. 4. DECLARATION OF VALUE THE DEPOSITOR HEREBY DECLARES THE VALUE OF ALL GOODS, INCLUDING THE CONTENTS OF CONTAINERS RECEIVED, TRANSPORTED OR STORED, OR LATER RECEIVED, TRANSPORTED OR STORED FOR THE DEPOSITOR, TO BE AS SPECIFIED ON THE DECLARATION OF VALUE AS SET FORTH BELOW. SUCH VALUE TO BE AGREED VALUE FOR ALL PURPOSES. IN THE EVENT THE SHIPPER DOES NOT SELECT ONE OF THESE OPTIONS THE COMPANY’S MAXIMUM LIABILITY FOR LOSS OR DAMAGE SHALL BE AN AMOUNT EQUAL TO THE MAXIMUM VALUE OF 60 CENTS PER POUND PER ARTICLE AS DESCRIBED IN OPTION A. DECLARED VALUE OF .60 CENTS PER POUND PER ARTICLE. SUBJECT TO $2,000. MAXIMUM VALUE. THERE IS NO CHARGE FOR THIS OPTION. A DEPRECIATED VALUATION OF $ BASED ON A MINIMUM OF $1.25 PER POUND. THE COMPANY WILL APPLY DEPRECIATION TO ANY CLAIM MADE UNDER THIS OPTION. THE CHARGE FOR THIS OPTION WILL BE $ PER $1,000.00 OF VALUATION. A REPLACEMENT VALUATION OF $ BASED ON A MINIMUM OF $3.50 PER POUND. THE COMPANY WILL NOT APPLY DEPRECIATION UNDER THIS OPTION. THE CHARGE FOR THIS OPTION WILL BE $ PER $1,000.00 OF VALUATION. (THIS DOES NOT REPRESENT INSURANCE) I HEREBY SELECT OPTION (MUST BE INSERTED BY DEPOSITOR’S HAND ONLY) A B C / / SIGNATURE OF OWNER OR AUTHORIZED DEPOSITOR DATE / / SIGNATURE OF OWNER OR AUTHORIZED DEPOSITOR DATE / / / / DATE IF DECLARATION OF VALUE OPTIONS B OR C ARE SELECTED AND THE STORAGE LOT CONTAINS ANY ARTICLES THE VALUE OF WHICH IS IN EXCESS OF $5,000. SUCH ITEM(S) AND ITS (THEIR) VALUE(S) MUST BE LISTED. INVENTORY # DESCRIPTION OF ITEMS VALUE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL VALUE OF ALL ARTICLES IN EXCESS OF $5,000: $ DEPOSITOR: PLEASE READ FRONT AND REVERSE SIDE FOR TERMS AND CONDITIONS COVERING THIS STORAGE CONTRACT. COPY OF THIS CONTRACT RECEIVED AND READ: ACCEPTED FOR STORAGE: DEPOSITOR’S CERTIFICATION I certify that the condition of the goods at the time of loading is as noted on the attached inventory, and that I have received a copy thereon. I further acknowledge that the goods are subject to all the Terms and Conditions, rates and charges and agreed valuations contained on the front and back hereof, which constitutes one entire agreement governing all the rights and duties of the parties hereto, and that the goods are to be delivered upon payment of all charges. ORDER FOR FINAL DELIVERY Please deliver all goods on this warehouse receipt on / / to NAME ADDRESS In case goods are delivered to an outside truckman, the liability of the Company ceases when goods are delivered to said truckman. Goods for places where receipts are refused, or where no authorized person is present to sign for them, may be left at my risk. THE FINAL SETTLEMENT OF THIS ACCOUNT MUST BE MADE IN CASH, MONEY ORDER OR CERTIFIED CHECK AND PAYMENT IN FULL OF ALL CHARGES IS REQUIRED BEFORE DELIVERY. FIVE DAYS NOTICE IS REQUIRED, IN WRITING, FOR ACCESS OR DELIVERY OF GOODS MILBURN PRINTING 800-999-6690 www.milburnprinting.com FORM # 370

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Page 1: NON-NEGOTIABLE STORAGE CONTRACT AND WAREHOUSE RECEIPT · non-negotiable storage contract and warehouse receipt ... this combined storage contract and warehouse receipt, ... documents,

DEPOSITOR � OR AUTHORIZED AGENT � SIGNATURE DATE SIGNED DEPOSITOR � OR AUTHORIZED AGENT � DATE SIGNED

X / /

NON-NEGOTIABLE STORAGE CONTRACT AND WAREHOUSE RECEIPTPLEASE REFER TO THISLOT NUMBER ON ANYCORRESPONDENCE

LOTNO.

PREPARED BY DATE OF ORDER

RECEIVED BY: HEREINAFTER REFERRED TO AS “THE COMPANY”

FROM:HEREINAFTER REFERREDTO AS “THE DEPOSITOR”DOMICILED AT:

TELEPHONE NO:

PROPERTY TOBE STORED AT:

THE GOODS ASDESCRIBED IN THEINVENTORY ATTACHEDTO AND MADE A PART OFTHIS COMBINED STORAGECONTRACT ANDWAREHOUSE RECEIPT,UPON THE TERMS ANDCONDITIONS SET FORTH ANDON THE FRONT ANDREVERSE SIDE HEREOF.

1. STORAGE PERIOD AND CHARGE: A STORAGE PERIOD IS DEFINED HEREIN AS THAT PERIOD EXTENDING FROM ONE DATE IN ONE CALENDERMONTH UP TO BUT NOT INCLUDING THE SAME DATE IN THE NEXT SUCCEEDING MONTH. IF THERE WERE NO CORRESPONDING DATE IN THENEXT SUCCEEDING MONTH, THE STORAGE PERIOD SHALL EXTEND TO INCLUDE THE LAST DAY OF THAT MONTH. THE MINIMUM CHARGE SHALLBE NO LESS THAN THE CHARGE FOR THE FIRST THREE STORAGE PERIODS. A FULL PERIOD STORAGE CHARGE SHALL APPLY FOR EACHSTORAGE PERIOD OR FRACTION THEREOF. THE PERIODIC STORAGE CHARGE FOR THE GOODS SPECIFIED HEREIN IS $ .2. OTHER RECURRING CHARGES: IF A DECLARATION OF VALUE IS MADE BY THE DEPOSITOR IN PARAGRAPH 4 BELOW, THE RESULTINGVALUATION CHARGE SHALL BE IN ADDITION TO THE PERIODIC STORAGE CHARGE SPECIFIED ABOVE, AND EACH SUCH VALUATION CHARGESHALL BE APPLICABLE IN EACH STORAGE PERIOD AS SPECIFIED THEREON.3. OTHER CHARGES:

a) A WAREHOUSE LABOR CHARGE FOR HANDLING THE GOODS IN AND OUT SHALL BE MADE UPON COMMENCEMENT OF THE FIRSTSTORAGE PERIOD, IN ADDITION TO THE ABOVE CHARGES.

b) A PLATFORM CHARGE SHALL BE ALSO MADE FOR RECEIVING FROM OR DELIVERING TO OUTSIDE TRUCKMEN OR DEPOSITOR’S OWNVEHICLE.

c) LABOR AND/OR MATERIALS SUPPLIED ON ANY ACCESS TO GOODS IN THE WAREHOUSE WILL BE CHARGED BY THE COMPANY AT THEPREVAILING RATES.

d) CARTAGE IN AND/OR OUT OF WAREHOUSE WILL BE BASED ON THE TARIFF OR PREVAILING RATES.e) ANY SERVICES INCIDENTAL THERETO PERFORMED AT THE REQUEST OF THE DEPOSITOR AND/OR AS SPECIFIED HEREIN, ALL SAID

SERVICES TO BE PERFORMED AND/OR CHARGED PURSUANT TO THE APPLICABLE RATES AND CHARGES SPECIFIED IN THIS CONTRACT,CARTAGE CONTRACT, BILL OF LADING, ORDER FOR SERVICES, TARIFFS OR PREVAILING RATES, AT THE TIME SUCH SERVICES ARE PERFORMEDOR SUCH SUPPLIES PROVIDED.

4. DECLARATION OF VALUE

THE DEPOSITOR HEREBY DECLARES THE VALUE OF ALL GOODS,INCLUDING THE CONTENTS OF CONTAINERS RECEIVED,TRANSPORTED OR STORED, OR LATER RECEIVED, TRANSPORTEDOR STORED FOR THE DEPOSITOR, TO BE AS SPECIFIED ON THEDECLARATION OF VALUE AS SET FORTH BELOW. SUCH VALUE TOBE AGREED VALUE FOR ALL PURPOSES.

IN THE EVENT THE SHIPPER DOES NOT SELECT ONE OF THESEOPTIONS THE COMPANY’S MAXIMUM LIABILITY FOR LOSS ORDAMAGE SHALL BE AN AMOUNT EQUAL TO THE MAXIMUM VALUEOF 60 CENTS PER POUND PER ARTICLE AS DESCRIBED INOPTION A.

DECLARED VALUE OF .60 CENTS PER POUND PER ARTICLE.SUBJECT TO $2,000. MAXIMUM VALUE. THERE IS NO CHARGEFOR THIS OPTION.

A DEPRECIATED VALUATION OF $ BASED ON AMINIMUM OF $1.25 PER POUND. THE COMPANY WILL APPLYDEPRECIATION TO ANY CLAIM MADE UNDER THIS OPTION. THECHARGE FOR THIS OPTION WILL BE $ PER $1,000.00OF VALUATION.

A REPLACEMENT VALUATION OF $ BASED ON AMINIMUM OF $3.50 PER POUND. THE COMPANY WILL NOT APPLYDEPRECIATION UNDER THIS OPTION. THE CHARGE FOR THISOPTION WILL BE $ PER $1,000.00 OF VALUATION.

(THIS DOES NOT REPRESENT INSURANCE)

I HEREBY SELECT OPTION (MUST BE INSERTED BY DEPOSITOR’S HAND ONLY)

A

B

C

� / /SIGNATURE OF � OWNER OR � AUTHORIZED DEPOSITOR DATE

� / /SIGNATURE OF � OWNER OR � AUTHORIZED DEPOSITOR DATE

� / / � / /

DATE

IF DECLARATION OF VALUE OPTIONS B OR C ARE SELECTED ANDTHE STORAGE LOT CONTAINS ANY ARTICLES THE VALUE OFWHICH IS IN EXCESS OF $5,000. SUCH ITEM(S) AND ITS (THEIR)VALUE(S) MUST BE LISTED.

INVENTORY # DESCRIPTION OF ITEMS VALUE

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

TOTAL VALUE OF ALL ARTICLESIN EXCESS OF $5,000: $

DEPOSITOR: PLEASE READ FRONT AND REVERSE SIDE FOR TERMS AND CONDITIONS COVERING THIS STORAGE CONTRACT.COPY OF THIS CONTRACT RECEIVED AND READ: ACCEPTED FOR STORAGE:

DEPOSITOR’S CERTIFICATION

I certify that the condition of the goods at the time of loading is as notedon the attached inventory, and that I have received a copy thereon. I furtheracknowledge that the goods are subject to all the Terms and Conditions, ratesand charges and agreed valuations contained on the front and back hereof,which constitutes one entire agreement governing all the rights and duties ofthe parties hereto, and that the goods are to be delivered upon payment ofall charges.

ORDER FOR FINAL DELIVERYPlease deliver all goods on this warehouse receipt on / / to

NAME

ADDRESS

In case goods are delivered to an outside truckman, the liability of theCompany ceases when goods are delivered to said truckman. Goods forplaces where receipts are refused, or where no authorized person is present tosign for them, may be left at my risk.

THE FINAL SETTLEMENT OF THIS ACCOUNT MUST BE MADE IN CASH, MONEY ORDER ORCERTIFIED CHECK AND PAYMENT IN FULL OF ALL CHARGES IS REQUIRED BEFORE DELIVERY.

FIVE DAYS NOTICE IS REQUIRED, IN WRITING, FOR ACCESS OR DELIVERY OF GOODS

MILBURN PRINTING • 800-999-6690 • www.milburnprinting.com FORM # 370

Page 2: NON-NEGOTIABLE STORAGE CONTRACT AND WAREHOUSE RECEIPT · non-negotiable storage contract and warehouse receipt ... this combined storage contract and warehouse receipt, ... documents,

TERMS AND CONDITIONS FOR STORAGE CONTRACT (CONTINUED FROM FRONT).

5. LIABILITY OF THE COMPANY-The Company shall be liable only for its failure to useordinary care and then only on the basis of the Depositor’s declared valuation ofgoods. The Company’s liability shall be strictly limited by the terms and conditions ofthe Uniform Commercial Code, Section 7-204. The burden of proving negligence orfailure to use ordinary care required by law shall be on the Depositor.

In no event shall the Company be responsible for loss of or damage to accounts, bills,deeds, evidence of debt, currency, money, bullion, notes, credit cards, securities,bonds, stamps, letters, jewelry, watches, precious stones, precious metals, pearls, fursor garments trimmed with fur, manuscripts, mechanical drawings, blueprints, documents,valuable papers, data and information contained on computer software, silverware, orany other articles of high and unusual value unless a special agreement in writing ismade between the Depositor and the Company with respect to such articles.

In no event shall the Company be liable or have responsibility for the following:

a) Any loss or damage caused by an act or omission of the Depositor, includingdamage or breakage resulting from improper packing by Depositor;

b) Damage to or expense caused by or resulting from insects, moths, vermin,latent defect, inherent vice, rust, dampness, mold, mildew, termites, changes inatmospheric conditions, fumigation, or deterioration;

c) Delay, loss of market or use, interruption of business, or any other consequentialloss extending beyond the direct physical loss or damage;

d) Mechanical or electrical derangement of pianos, radios, phonographs, clocks,refrigerators, computers, television sets, automatic washers or other instrumentsor appliances unless evidenced by external damage to such equipment. TheCompany reserves the right to inspect these articles or appliances to determinewhether they are in good working order before accepting them for shipment andstorage. The Company assumes no liability whatsoever for retuning, refocusingor other adjustments of television sets or computers unless such services weremade necessary due to Company’s negligence.

e) Matching pairs or sets;

f) Mechanical failures or depreciations by rust, discoloration, mildew or odors ofrefrigerators or deep freezers and other similar objects through lack of properservice or preparation by the Depositor for storage;

g) Loss or damage arising out of the breakage of china, glassware, bric-a-brac, orsimilar articles of a brittle or fragile nature unless packed by the Company’semployees or unless such breakage results from either the negligence of theCompany or from fire, lightning, theft, malicious damage or by collision oroverturn of the conveyance;

h) Spoilage, deterioration, shrinkage, evaporation, loss of weight, change in coloror flavor, food stuffs, or other perishable articles;

i) Any loss or damage caused by nuclear reaction or radiation, or radioactivecontamination, however caused;

Except as provided below, no liability of any kind shall attach to this Company for anyloss or damage caused to the goods by Acts of God, public enemy, governmentauthority, war or insurrection, strikes, labor troubles, riots, fire, earthquakes, volcaniceruption, flood, mudslide or other causes beyond the control of the Company.

When the Depositor selects Option B or Option C under Declaration of Value, theCompany will assume liability without regard to negligence for loss or damage to thegoods caused by fire, including ensuing fire as a result of earthquake or volcaniceruption, lightning, sprinkler leakage, explosion, windstorm, hail, smoke, riot, vandal-ism, falling objects, sleet, or collapse of warehouse walls or roof caused by the weightof ice or snow.

6. TERMS OF PAYMENT:

a) The payments for storage and other recurring periodic charges are due andpayable on or prior to the day storage is commenced and on or before thebeginning of each succeeding storage period as defined in this agreement.Charges for any other service or materials including, without limitation, cartagein and warehouse labor in and out, are due and payable upon presentation ofinvoice.

b) Interest at the maximum rate allowable by the Laws of the State where saidproperty is stored will be charged on all balances unpaid for a period of thirtydays after they become due, with a minimum charge of fifty cents.

7. OWNERSHIP OF PROPERTY: The Depositor represents and warrants to theCompany that Depositor has the lawful possession of and legal right and authority tostore all the property tendered and to contract for services in accordance with the pro-visions, limitations, terms and conditions herein set forth, and that there are will be noliens, mortgages or encumbrances on said property superior or adverse to the legalright and authority of the Depositor to store or otherwise contract for services inrelation thereto.

8. WAREHOUSEMAN’S LIEN:

a) It is agreed that the Company shall have a lien against the Depositor or theDepositor’s successor in interest upon any and all property deposited with itor heretofore or hereafter deposited with it, and on the proceeds from the salethereof for all charges provided herein, including, without limitation, claims for moniesadvanced, storage, transportation, interest, labor and all other charges orexpenses in relation to said property or any part therof; and also for court costs,reasonable attorneys’ fees and other legal expenses incurred by the Companyas a result of any litigation in which the Company may be involved in connectionwith the deposited goods, as well as any and all other charges and expensesfor notice and advertisement of sale and sale of the property, where default hasbeen made; also for all costs, including court costs and reasonable attorneys’ feesin collecting charges or enforcing this lien, or caused for any controversy arisingout of conflicting claims or ownership of any interpleader action arising fromthe bailment of the goods, or defending itself in the event the Company ismade a party to any litigation concerning the goods stored hereunder.

b) All goods upon which the Company has a lien, are subject to sale at public auctionto satisfy any and all unpaid charges including interest as hereinabove provided,which charges are not paid when due, plus the expense for preservation of thegoods reasonably incurred in their sale after notice to the Depositor and publi-cation of the time and place of sale, as well as any legal expenses, includingreasonable attorneys’ fees which may be necessitated by said sale.

c) The lien upon any and all property deposited with the Company shall alsoinclude unpaid charges and expenses pertaining to property previouslydeposited with the Company, regardless of whether said property has beendelivered by the Company.

d) The parties agree that in any sale conducted to satisfy the Company lien, allproperty in storage which is subject to the lien shall be sold. Proceeds of sale,in excess of charges secured by the lien plus the cost of preserving the goodsin conducting the sale, shall be remitted to the depositor.

e) The Company may as its option bring suit for reimbursement pursuant to theforegoing provisions without first foreclosing upon this lien.

f) The Company shall have a further lien and may reserve other security interestin property which has been or will be deposited with it to secure repayment ofmonies and interest thereon advanced to a depositor or on depositor’s account.

g) The Company shall be presumed to have acted in good faith and in a reasonableand commercially acceptable manner when or if it seeks to enforce its warehouse-man’s lien pursuant to the appropriate provisions of the States’ UniformCommercial Code and/or relevant Statutes.

9. SERVICES TO STORED GOODS: The services undertaken to be performed by theCompany are limited to storage, packing, incidental moving and shipping; and theCompany does not accept responsibility in respect to additional attention or service.Should the Company, however, in its sole discretion, determine that moth-treating,fumigation, or otherwise treating or handling all or any portion of the goods storedhereunder is necessary for the protection of the goods, or of other depositor’s goodsstored in the depository, it may render such additional service and add its chargestherefore to the amount payable by the depositor hereunder.

10. ADDITIONS TO STORAGE LOT: Any additional property deposited for storage aspart of this lot, while this agreement is still outstanding, shall be subject to the terms,limitations and conditions hereof. The declared value on the original goods in storageshall be increased by the value declared on the addition to storage, or, if no value isdeclared, by an amount based on the same released valuation rate declared on theoriginal storage lot. The periodic storage and valuation charges shall be correspondinglyincreased. The word “lot” as used herein means the unit or units of goods for which aseparate storage account is to be kept by the Company.

11. DELIVERY AND ACCESS TO GOODS: The goods deposited hereunder will beready for delivery on five days’ notice, to the depositor or to any other specified personon depositor’s behalf on presentation of written authority executed by the depositor,and provided that all charges then outstanding on the account are fully paid in cash,money order or certified check before access to or delivery of goods is made. TheCompany is authorized to act for the depositor in arranging for delivery or shipment ofgoods from storage on the basis of the declared value as provided for in paragraphs4 & 10 herein; except that when no value has been declared, then the Company isauthorized to release the goods to the carrier the Company selects at the lowest valuerequired or permitted by the applicable tariff in effect at the time of shipment; and thecarrier’s or forwarder’s liability shall be limited to such valuation.

The Company will not be responsible for delays in delivery caused by strikes or otherconditions beyond its control.

12. TERMINATION OF STORAGE: The Company reserves the right to terminate storageof the goods at any time by giving the depositor thirty days’ written notice of its intentionto do so. Such notice shall be given by certified or registered mail addressed to thelast known place of business or abode of the depositor.

13. TRANSFER OF GOODS: It is agreed that the Company may, upon written notice tothe Depositor, transfer the goods from the address shown herein and store same in anyother depository operated by the Company; and may, without notice to the Depositor,move the same, or any part thereof, from one location to another within the building.

Unless all storage and other charges are paid up in full, the transfer or reissuance of anydocuments issued hereunder or of title to the goods will not be recognized by theCompany nor will delivery be afforded to the depositor. The Company in its sole discretionshall decide whether depositor’s account is paid up so as to permit such transfer orreissue or delivery. Any transfer of issued documents or title to the goods must beentered on the books of the Company, and until such instructions from the depositorare delivered and accepted by the Company, the transfer shall not be effective asagainst the Company.

14. CORRECTION OF ERRORS: The depositor agrees that unless notice to theCompany is given in writing within ten days after the receipt of this Warehouse Receiptand Storage Contract and Inventory List is made a part thereof, all of these documents,including any exceptions noted thereon as to the condition of the property whenreceived for storage shall be deemed to be correct and complete.

15. CHANGE OF ADDRESS: It is expressly understood and agreed that any notices ofany kind whatsoever to be given to the depositor shall be sent to the address shown onthe face of this Storage Contract/Warehouse Receipt unless and until written notice orchange is given by the Depositor to the Company and the Company acknowledges iton its following periodic statement.

No notice of any change of address shall be valid or binding against the Company ifgiven in any other manner.

16. INSURANCE: Depositor’s goods are NOT INSURED by the Company. The company’sliability is limited to the specific amounts and conditions as set forth in this agreement.The depositor may secure his own insurance policy or coverage but in no event shallthe Company act as an agent or otherwise provide insurance coverage with regard tothe Depositor’s property. The Company shall be entitled to the benefit of the insurancesecured by the Depositor with regard to the goods deposited when and if theDepositor makes a claim for alleged loss or damage to said goods.

17. BUILDING – FIRE WATCHMEN: No warranty or representation is made that any ofthe buildings operated by the Company are fireproof or that the goods stored thereincannot be destroyed by fire. The Company shall not be required to maintain a watchman,and its failure to do so shall not constitute negligence.

18. TIME FOR FILING CLAIMS: The Company shall not be liable for the loss or destructionof, or damage to the goods deposited hereunder, or any part thereof, unless claim ismade in writing, supported by a paid delivery bill and filed with the Company withinsixty days after the date the goods are delivered or demand thereof is refused.

No suit may be instituted by the depositor against the Company to recover for claimedloss or damage unless such action is commenced within twelve months next after thedate of delivery by the Company or demand thereof is refused.

ENTIRE AGREEMENT – SEVERABILITY – This agreement represents the entire contractbetween the parties hereto and cannot be modified, except in writing, signed by theDepositor and officer of the Company, and it shall be deemed to apply to all property ofany nature or description which the Company may now or at any time in the future,store, pack or ship for the Depositor’s account.

If any paragraph or portion thereof is found to be unenforceable, for any reason, it shallnot affect the remainder of this contract, and said contract shall be fully enforceableand shall govern the rights and responsibilities of the parties.

THE FINAL SETTLEMENT OF THIS ACCOUNT MUST BE MADE IN CASH, MONEY ORDER OR CERTIFIED CHECK AND PAYMENT IN FULLOF ALL CHARGES IS REQUIRED BEFORE DELIVERY

FIVE DAYS NOTICE REQUIRED, IN WRITING, FOR ACCESS OR DELIVERY OF GOODS