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Except as otherwise agreed in writing
signed by United Rim Transport, Inc (URT), the following terms and conditions,
together with those noted on the face on this receipt, shall constitute the
entire agreement of the storage between the parties hereto as to the goods
stored hereunder;
Sec.
1. TENDER FOR STORAGE
(a) All goods for storage shall be delivered
at the warehouse properly marked and packed for handling.
The storer shall furnish at or prior to such delivery a manifest showing
marks, brands or sizes to be kept and accounted for separately.
Otherwise the goods may be stored in bulk or assorted lots, at the
discretion of URT, and will be charged for accordingly.
(b) The word “lot” as used herein means
the unit or units of goods for which separate account is to be kept by this
company. Delivery of all or any
part of a lot shall be made without subsequent sorting, except by special
agreement and subject to a special labor charge.
(c) URT undertakes to store and deliver
goods in packages in which they are originally received.
Sec.
2. STORAGE PERIOD
(a) All goods are stored on a month-to-month
basis unless otherwise provided. A storage month shall extend for a period of thirty (30)
calendar days.
(b) Except where other procedure is
permitted by law, URT may, upon written notice to the storer of record and to
any other person known by URT to claim an interest in the good, require payment
of all charges and removal of the goods within a thirty (30) day period.
URT, cumulative to all other remedies, may sell the goods in the manner
permitted by law.
Sec. 3. STORAGE RATES AND INSURANCE
(a)
Storage charges will be at the rates noted on the face hereof, or
to the extent not so noted, shall be in accordance with the company’s
currently effective RATE SCHEDULE, which by this reference is incorporated
herein. Unless otherwise noted on
the face hereof or on the RATE SCHEDULE, charges for storage are on a
month-to-month basis. Charges for
any lot shall begin on the date of receipt in storage of the first unit of the
lot, and shall continue and include the last storage month during which the last
unit of such lot is delivered. Storage
charges shall be assessed in the maximum weight in any lot during a storage
month. Storage charges are
due on the first day of a storage month. All
other charges are due when incurred. No
increase in charges within the direct control of this company will be made on
goods in storage without a 30-day written notice to the storer of record.
(b) INSURANCE OR COVERAGE ON THE GOODS
AGAINST FIRE, WATER DAMAGE, EXPLOSION, STEAM, GAS OR ELECTRICAL DAMAGE OR ANY
OTHER CASUALTY, LOSS, OR DAMAGE OR OTHER HAZARD IS NOT PROVIDED, AND IS NOT
INCLUDED WITHIN THE STORAGE CHARGES. URT
SHALL NOT BE LIABLE OR RESPONSIBLE FOR DAMAGE OR LOSS CAUSED OR INCURRED AS A
RESULT OF SUCH CAUSE OR HAZARD.
Sec.
4.TRANSFERS AND SUB-BAILMENTS
(a)
URT
may transfer the goods from one storage facility to another owned by it, but
upon doing so shall give prompt written notice to the storer of record.
(b)
In
the event any hazard, refrigeration impairment or any circumstance beyond URT
control shall present a loss or damage to the stored goods or otherwise render
it desirable to remove the stored goods to other facilities or if the storage
facilities of URT, in the sole discretion of URT, shall become overtaxed, URT
may sub-bail, and storer hereby authorizes and consents to sub-bailment (at no
additional charge to the storer, and insofar as cold storage space is available)
of the stored goods with any other cold storage facility in the City and County
of Honolulu.
(c)
Prompt
written notice of such sub-bailment shall be given to storer and to anyone else
known to claim an interest in the stored goods, by delivery in person, or by
registered or certified mail.
(d)
During
such sub-bailment, storer shall continue to be liable for the storage charges of
URT hereunder as if the stored goods had remained in the company’s warehouse,
and URT shall be responsible for all sub-bailment charges.
Storer’s written orders of delivery, subject to the payment of all
charges owing, shall be honored by URT by its order to sub-bailee, and storer
shall take delivery at the storage facility of URT or the sub-bailee, as
determined by URT.
(e)
Said
emergency sub-bailment shall terminate upon the occurrence of the first of the
following events:
(1)
URT
terminates the sub-bailment by returning the stored goods to the URT warehouse;
or
(2)
Storer
attorns to the sub-bailee, and effects a novation terminating all future storage
responsibility on the part of URT, by accepting transfer of charges to date and
by surrendering for cancellation this receipt, in which event URT shall in turn
pay all charges of the Sub-bailee to date of attornment; or
(3)
URT
terminates this bailment by written notice given in the manner provided in Sec.
2.(b), and tenders the sub-bailee’s warehouse receipt to storer, in which
event storer shall concurrently pay URT all charges to date, failing which
concurrent payment by storer URT may exercise its lien rights by selling the
stored goods in the manner permitted by law to satisfy storer’s indebtedness
to URT pro tanto the net proceeds deducting reasonable costs of sale.
Sec.
5. HANDLING AND SPECIAL LABOR CHARGES
(a)
Handling
and special labor charges will be at the rates noted on the face hereof, or to
the extent not so noted, shall be in accordance with the company’s currently
effective RATE SCHEDULE.
(b)
The
handling charges cover the ordinary labor involved initially in receiving goods
to warehouse door and placing the goods in storage, and in returning goods to
warehouse door for delivery, during regular business hours.
All other services including, but not limited to, unloading and loading
of vehicles and containers, weight reports, inventories and handling of damaged
goods shall be at special rates or per the current RATE SCHEDULE.
(c)
By
prior arrangement, goods may be received or delivered during other than regular
business hours of URT noted on the face hereof, subject to a special overtime
labor charge as set forth on the company’s currently effective RATE SCHEDULE.
(d)
Handling
charges in connection with the receipt and delivery of goods are due and payable
with the first month’s storage charge. All
other charges, including those for special labor, shall be due and payable when
incurred.
(e)
Unless
URT failed to exercise reasonable diligence, it shall not be responsible for
demurrage (and the storer shall reimburse URT for any demurrage which it may
have advanced for the storer’s benefit), nor shall it be responsible for
delays in obtaining cars, containers, or other vehicles for outbound shipments,
nor for delays in unloading inbound shipments.
(f)
On
outbound shipments, URT acts as agent for the storer who may furnish a checker
to verify load and count; otherwise this company’s record of load and count
shall be conclusive.
Sec.
6. MINIMUM HANDLING AND STORAGE CHARGES
(a)
A
minimum handling charge per lot, and a minimum storage charge per lot per month,
will be made at the rates noted on the currently effective RATE SCHEDULE.
(b)
A
minimum monthly charge to one account for storage and/or handling will be made
at the rates noted on the currently effective RATE SCHEDULE. This charge will apply to each account when the storer has
several accounts, each requiring separate records, and billing.
Sec.
7. DELIVERY REQUIREMENTS
(a)
Written
orders, properly signed, are required for the delivery or transfer of goods.
All orders shall clearly specify the lot number and particulars of
description of the goods. Telephone
or telegraph orders shall be confirmed in writing by storer, and are accepted by
URT prior to confirmation only upon the condition that it shall not be
responsible for any loss or error by reason of such acceptance.
(b)
Instructions
to transfer goods on the books of URT are effective until delivered to it in
writing. If a transfer involves
re-handling the property, a charge will be assessed at current special labor
rates.
(c)
When
goods are ordered out, a reasonable time shall be given to carry out
instructions, and if unable, due to cause beyond URT control, to effect delivery
before expiring storage dates, the goods will be subject to charges for another
storage month; except when URT has given notice in accordance with the
provisions of Sec. 2(b), or because of fire, acts of God, war, public enemies,
seizure under legal process, strikes or lockouts, riots, and civil commotions.
If URT is unable, due to causes beyond URT control to affect delivery
before the expiring storage date, the goods shall be subject to storage charges
only for that part of the month that the goods remain in storage.
(d)
In
case property is lost or misplaced, URT shall be allowed ten (10) days in which
to locate property after receipt of written delivery order.
Sec.
8. STORAGE TEMPERATURES
Unless
otherwise noted on the face hereof, URT does not undertake to provide special
temperatures for specific types of goods. URT
facilities are limited to general storage in cooler and freezer rooms having
customary temperature ranges of:
COOLER 35 - 50 Degrees F
FREEZER 0 - 15 Degrees F
Sec.
9. LIABILITY AND LIMITATION OF LIABILITY
(a)
URT
SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY TO GOODS STORED HOWEVER CAUSED UNLESS
SUCH LOSS OR INJURY RESULTED FROM THE FAILURE OF URT TO EXERCISE SUCH CARE IN
REGARD TO THEM AS A REASONABLE CAREFUL MAN WOULD EXERCISE UNDER LIKE
CIRCUMSTANCES AND URT DOES NOT ASSUME OR UNDERTAKE LIABILITY FOR DAMAGES WHICH
COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE.
(b)
THE
LIABILITY OF THIS COMPANY FOR LOSS OR DAMAGE TO THE GOODS (INCLUDING ALL DIRECT
AND INDIRECT DAMAGES SUSTAINED BY THE STORER) SHALL BE LIMITED TO THE LESSER OF
THE FOLLOWING AMOUNT: (i) THE REPLACEMENT COST TO STORER OF THE GOODS ON THE
DATE OF GIVING OF NOTICE TO STORER OF LOSS OR DAMAGE, OR
(ii) 50 CENTS PER POUND NET WEIGHT OF THE GOODS EXCLUSIVE OF TARE.
(c)
STORER
MAY DECLARE BY SIGNED WRITING DELIVERED TO URT WITHIN A REASONABLE TIME AFTER
ISSUANCE OF THIS RECEIPT, AND IN NO EVENT MORE THAN 30 DAYS AFTER ISSUANCE, A
VALUE IN EXCESS OF 50 CENTS PER POUND EFFECTIVE ON DATE OF THE COMPANY’S
RECEIPT OF DECLARATION: PROVIDED, HOWEVER, AS TO ANY GOODS FOR WHICH AN
INCREASED VALUE IS DECLARED. THERE
SHALL BE PAYABLE, OVER AND ABOVE THE REGULAR MONTHLY STORAGE CHARGE, AN
ADDITIONAL CHARGE COMPUTED RETROACTIVELY TO INITIAL STORAGE DATE OF THE GOODS,
NOTWITHSTANDING SUCH GREATER DECLARED VALUE, IN NO EVENT SHALL THE LIABILITY OF
THIS COMPANY EXCEED THE REPLACEMENT COST OF STORER MEASURED AS OF THE DATE OF
THE COMPANY’S GIVING OF NOTICE OF LOSS OR DAMAGE TO STORER, RATES TO COVER
LIABILITY ON VALUE DECLARED IN EXCESS OF THE FOREGOING LIMIT WILL BE QUOTED BY
URT ON REQUEST.
Sec.
10. NOTICE OF CLAIM AND FILING OF SUIT
(a)
Claims
by storer must be presented in writing to URT, within a reasonable time, and in
no event longer than either 48 hours after delivery of the goods by URT or 48
hours after storer of record is notified by URT that loss or injury to part or
all of the goods has occurred, whichever time is shorter.
(b)
NO
ACTION MAY BE MAINTAINED BY STORER AGAINST URT 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 five (5) days
AFTER DATE OF DELIVERY BY URT OR WITHIN five (5) days AFTER STORER OF RECORD IS
NOTIFIED THAT LOSS OR INJURY TO PART OR ALL OF THE GOODS HAS OCCURRED, WHICHEVER
TIME IS SHORTER.
(c)
When
goods have been delivered, notice may be given of known loss or injury to the
goods by mailing a registered or certified letter to the storer of record.
Time limitations for presentation of claim in writing and maintaining of
action after notice begin in the postmarked date of mailing of such notice by
URT.
Sec.
11.ENFORCEMENT AND REMEDIES
(a)
Upon
failure of the storer to pay any amounts due within fifteen days of the due
date, the warehouseman may enforce its lien by public or private sale of the
stored goods, in block or in parcels, at any time or place and on any terms
which are commercially reasonable (within the meaning of the Uniform Commercial
Code as adopted and in effect in this state), after notifying all persons known
by the warehouseman to claim an interest in the goods stating the amount due and
the nature, time, and place of the sale.
(b)
If
storer fails to perform any obligation to warehouseman hereunder, then storer
shall reimburse warehouseman hereunder, then storer shall reimburse warehouseman
for all of warehouseman’s costs and expenses, including without limitation
attorney’s fees, of enforcing warehouseman’s rights hereunder.
Sec.
12. LIEN OF WAREHOUSEMAN
In
addition to all statutory liens afforded URT under law, URT claims a lien on the
goods hereunder for all charges from handling, storage, special labor, services,
transportation, (including demurrage and terminal charges), for monies advanced
for expenses necessary for preservation of goods or reasonably incurred in their
sale pursuant to law, and interest, which are presently or hereafter to become
owing by storer to URT in relation to storer’s goods now or hereafter stored
with URT under other receipts whether or not the goods have been delivered.
Sec.
13. PAYMENT OF CHARGES
Prior
to delivery to storer of any of the goods under this receipt, upon demand of URT,
storer shall make payment to URT of all amounts owing to URT for which a lien
upon the goods covered hereunder is afforded URT by law or by the declaration of
lien in Sec. 11 above.
Sec.
14. MISCELLANEOUS TERMS & DEFINITIONS
(a)
Wherever
used herein, the terms “noted on face hereof” or like term, shall extend to
and include all notations, terms and conditions appearing on any temporary
warehouse receipt issued prior to this receipt (in which event this receipt was
issued after storer’s delivery for storage in order that URT may count and
weigh the goods): provided that in the event of manifestly conflicting terms,
the temporary warehouse receipt shall govern pro tanto the conflict.
(b)
On
all accounts past due 30 days, interest at the rate of one percent (1%) per
month shall be charged commencing as of due date.
(c)
“RATE
SCHEDULE” whenever used herein means the company’s rate schedule most
recently issued at the date of storer’s incurring of storage, handling, labor
or other charges, provided that if such rate schedule has been issued subsequent
to this receipt, then until such time as 30 days notice has been afforded storer
the applicable rates shall be those noted on the next proceeding rate schedule.
Notice commences to run on the company’s mailing date to storer of the
new rate schedule.
(d)
The
storage agreement consists exclusively of all terms noted hereon or incorporated
by reference and may not be altered, amended or varied except in writing issued
or signed by URT.
(e)
The
laws of the State of Hawaii shall govern the agreement, and words and phrases
employed herein shall have the meaning afforded the same or similar terms under
the Hawaii Uniform Commercial Code.
ADDITIONAL
SERVICES & ACCESSORIAL CHARGES SPECIAL LABOR RATES
Special
Labor Rates – Thirty-one dollars and forty-seven cents ($31.47) per man-hour
during regular time.
Forty-seven dollars and twenty-one cents ($47.21) per man-hour overtime, and
during other than regular business hours.
Minimum
Charges for Storage, Handling, and Quick-freezing – The minimum handling and
storage charge per account; per month is eighty-nine dollars and seventeen cents
($89.17). Minimum storage charge
per lot, per month is seventeen dollars and eighty-three cents ($17.83).
Minimum handling charge per lot, per month is seventeen dollars and
eighty-three cents ($17.83).
Weight
Reports - Weight reports listing marked weights will be furnished at the request
of the customer at the special labor rate, plus a charge of twenty-six cents
($0.26) per package. Minimum charge
per weight report requested is twenty-six dollars and twenty-three cents
($26.23). The company will exercise
due care, but does not guarantee weight reports.
Inventories
- Book and/or physical inventories will be furnished at Storer’s request at
the special labor rate. Minimum
charge per inventory request is seventeen dollars and eighty-three cents
($17.83).
Unloading/Loading
Charges
- Unloading /loading of refrigerated or non-refrigerated containers will
be at the rate of one dollar and fifteen cents ($1.15) per CWT or the special
labor rate whichever is greater. Minimum charge is one hundred and eighty-eight
dollars and eighty-two cents ($188.82).
IMP
20% OF INCOMING ONLY
Deliveries EX Warehouse - Upon
delivery of goods from our warehouse door, there will be a three-dollar and
fifteen cents ($3.15) charge for each delivery from a warehouse lot.
If a transfer involves re-handling the product, a charge of nineteen
dollars and ninety-three cents ($19.93) will be accessed.
Special
Short-Term Holding Rates - Storage for thirty (30) days or less, is one dollar
and fifty-seven cents ($1.57) per CWT. Minimum
charge is seventy-eight dollars and sixty-eight cents($78.68).
Plug-in of a container is seventy-eight dollars and sixty-eight cents
($78.68) per day (24 hours or any part thereof).
DISTRIBUTION
AND SHIPPING – Freight consolidation on Oahu and Neighbor Island available.
URT makes all the arrangements. When
not included in service rates, charges are:
Prepare
Bill of Lading – Ten dollars and forty-nine cents ($10.49) each
Prepare
and File Claims – Twenty-six dollars and twenty-three cents ($26.23) each
GENERAL
EXCISE TAX – All charges are subject to State of Hawaii General Excise Tax at
4.166%.
INCREASE
LIABILITY COVERAGE – Increased liability coverage in the event of loss or
damage to goods is available (see Section 9(c) of General Terms and Conditions).
The additional charge will be $1.00 per $100.00 of the amount by which
the total declared value of the goods exceeds the total value base on $1.00 per
pound net weight exclusive of tare.
GROSS
WEIGHT – When actual gross weights are not supplied to URT five (5) random
cases will be selected and weighed. URT
will use average weight as determined above for billing purposes.
URT at its option can weigh the total pallets by lot as the alternate of
random case selection.
RULES
& REGULATIONS
ACCEPTANCE
OF PRODUCTS - URT reserves the right to refuse or to accept at extra rates any
products that cannot be stored properly or safely, or that emit an odor that
could penetrate other goods in storage.
CONCEALED
DAMAGE AND SHORTAGE – URT will receipt for goods in such condition as may be
apparent, and will not assume any responsibility or liability for concealed
damage, shortage, or losses, including those resulting from previous thawing
and/or freezing. URT will not be
liable for failure to discover or report to the Storer the receipt of packages
in bad order or defective cooperage, not for subsequent damage to merchandise
because received inadequately coopered or defectively packaged.
URT will not be liable for failure to locate short weight or pilfered
cases of merchandise, when tendered to the warehouse on fully loaded skips, or
pallets.
CONSIGNMENT
– All shipments to this warehouse are to be prepaid and consigned to:
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Storer's Name
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Telephone:
(808) 845-0555
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United
Rim Transport, Inc.
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Fax
Phone: (808) 847-5699
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2298
Alahao Place, Suite A
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Email:
urt@earthcenter.com
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Business
Days and Hours:
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Monday
through Friday 8:00am to 3:00pm
Closed Saturday, Sunday, and holidays
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CONTRACT
TERMS AND CONDITIONS – Customer is urged to study the terms and conditions.
Note: Present values of many
commodities exceed the limit of liability assumed by URT at agreed upon rates.
(See Section 9 (c) of General Terms and Conditions).
If the customer wishes to increase the liability assumed by URT beyond
the $.50 per pound limitation, then the customer must declare such higher value
in writing at the time of storage or within a reasonable time after receipt of
the warehouse receipt (but in any event no more than 14 days after mailing of
the warehouse receipt to the customer). An
additional charge will be made for such increased liability.
DETENTION
- Shipments are accepted only as agent for the owner of the goods and this
warehouse assumes no responsibility, by law, for any transportation charges
including detention for shipments.
INSURANCE
– Goods are not insured against fire and other hazards, nor do storage rates
include insurance unless so specified in writing.
SCHEDULING-
RECEIVING & SHIP-OUTS – Storer should advise of inbound shipment receiving
for storage with manifest and full instructions as to disposition of contents
within 24-48 hours prior to arrival of cargo.
To
avoid unnecessary delays in routine withdrawals from storage, Storer should call
no later than 2:00 p.m. of day proceeding requested for withdrawal.
All
motor carriers should be instructed to call warehouse 24 hours prior to loading
or unloading for agreed upon for ship-out or receiving time.
USE OF URT EQUIPMENT – Storer or storer’s contract labor will
provide and insure URT that lift operator is in compliance with OHSA and
certified forklift operator. Any
accident or damages caused by Storer or its contract labor shall pay URT for
damages caused from negligence and/or accident.
WAREHOUSE
RECEIPTS – A Storage Agreement will be issued the Storer on each shipment
received indicating the lot or various sub-lots pertaining thereto.
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Ongoing
Commitment to Quality, Value & Service
