In these terms and conditions the words « Owner » and « Owner of the goods » are used to include the party for whose account the goods mentioned on the reverse side hereof are stored and a transferee from or through such party and every holder of a negotiable warehouse receipt.
LIABILITY. All good are stored at the Owner’s risk of loss or damage by or through inaccuracies, obliteration or absence of marks, numbers, address or description, act of God, irresistible force, enemies of the Queen, civil or military authorities, insurrection, riot, strikes, water, steam, sprinkler leakage, floods, rain, wind, storm, fire, frost, moths, heating or corruption, wastage, breakage, drainage, rust, decay, rats, mice or vermin, collapse of the building, inevitable accident, depreciation by time, changes in temperature, contact with or odours from other good, inherent defect, lack of any special care or precaution, injury to articles insufficiently protected or arising from the nature of the good, loss in weight, insufficient cooperage, boxing crazing or pacing, ordinary wear and tear in handing leakage concealed damage or any cause beyond the control of the Company of failure to detect any of the foregoing.
All storage and handing charges must be paid on goods lost or damaged by any of the above causes.
Without in any way affecting the generality of the foregoing, the Company shall not be liable or responsible for any delay in delivery of good caused by strikes or by stoppage of any or all of its elevators, unless such stoppage is a deliberate and direct act of the Company other than for the protection of its building and or equipment and/or good held in storage.
The contents of the packages being unknown to the Company, such contents are not guaranteed to the Owner and return of the package shall relieve the Company from all responsibility with respect to said contents or the conditions thereof of otherwise.
The Company shall not be responsible for delays in unloading inbound railway cars, obtaining railway cars for outbound shipments or loading outbound railway cars, or for any railway car demurrage arising from such delays, whether
such delays are due to strikes or to any cause whatsoever. The Company does not understate to load or unload trucks at the warehouse sill and shall not be responsible for any delay occasioned by its not doing so.
The Company shall have no responsibility in connection with goods delivered upon telephone instruction unless written confirmation of such instruction is received at least one-half hour prior to delivery of such goods.
Notwithstanding any other provision herein before or hereinafter contained the Company shall not be liable in any way for any loss of or damage to property or injury to person, whether constituting a breach of contract of amounting to fault caused by or in any way attributable to any act or omission of the Company not amounting to fraud or done or omitted with the deliberate or malicious intention of causing such damage or injury or cause by or in any way attributable to any act or omission or any servant, employee or agent of the Company whether in the performance of his duty or mandate or not or done or omitted with the deliberate or malicious intention of causing such damage or injury.
STORAGE AND OTHER CHARGES. Unless otherwise agreed in writing by the Company, all goods are stored on a month to month basis and charges are payable monthly in advance. The Company may refuse delivery of goods until charges are paid. The rate of storage quotes is in cents per piece, package or specified weight of goods, unless otherwise indicated. When rates are Quoted by weight, they will be computed on the gross weight and 2,000 pounds shall constitute a ton. The rates of storage are per month, based on original packages dating from receipt of the first package or from date when incoming car was constructively placed by carrier, or in the case of reserved space, from the date of the reservation, and cover from that date up to but not including the same date of the following month when the final expiry date falls on a Sunday or legal holiday, the next business day shall be deemed to be the expiry date.There will be a minimum charge per lot. Customers should prepay all freight charges on goods sent to the warehouse On shipments arriving «freight collect» arrangements should be made with the transportation companies for payment or freight charges. The Company may refuse to accept goods until such payments are made.
In all cases where freight bills are paid by the Company settlement must be made before delivery of the goods when errors occur in freight bills, customers must make settlement of the bills as paid by the Company and make adjustment with the carrier.
When the Company furnishes common skilled or clerical labour extra space light power or material a charge will be made at rates in effect. Demurrage and other time penalties are chargeable to the Owner.
All moneys payable to the Company settlement must be made before delivery of the goods and no transfer will be recognized unless entered in the books of the Company for which a charge may be made and a new storage date and charge established all payment to the Company must be made at par in Montreal.
LIEN. Goods stored shall be subject to a pledge and right of retention thereof in favour of the Company for storage charges moneys advances charges for and expenses in respect of transportation, labour and services, liabilities incurred in relation to the goods and any amounts due or owing on any other account by the Owner to the company with interest. Any or all goods in respect of which monthly charges or other amounts remain unpaid may be sold by the Company without process of law as the Company may see fit. The Company shall have the right to open and examine any or all of the goods and the goods or any of them may be sold at public or private sale without notice to the owner or any other person and the Company may become the purchaser at any such sale. Any surplus net proceeds of sale after the Company shall have been paid in full all amounts due or owing to it and the costs and expenses of the sale shall be paid to the person entitled thereto.
CLAIMS. Any claim for loss of or damage to goods must be made at the time of delivery of such goods from the warehouse and such claim confirmed in writing to the Company during the day on which delivery is made. Any claim not made in accordance with this term and condition shall be deemed to be waived and the company shall have no liability in respect thereof.
GENERAL. The temperatures at which goods in the cold storage division are carried are approximately those established by common practice among cold storage warehouses in general. Such temperatures may not be the same as those advocated in technical treatises on subjects pertaining to refrigeration of foods or other commodities and it is understood that in the course of the operation of the warehouse there may be variations in temperature from time to time.
The Company reserves the right to move goods from time to time from one position to another position in the warehouse without notice to the Owner.
If a checker is not furnished by the Owner or the railway company the Company’s load or unload count shall be conclusively deemed to be correct.
No explosive or dangerous article may be delivered for storage and any such article may upon being discovered, be destroyed or sold by public or private sale or otherwise disposed of by the Company as it sees fit, the whole at the risk and expense of the Owner.
The Company shall have no responsibility in relation to the ownership of good in the warehouse and shall not be bound to participate in any legal proceeding in regard thereto until fully indemnified to its satisfaction.
The Owner shall inform the Company of this address and any change thereof from time to time. Any notice or communication sent by registered mail addressed to the Owner at his address lost know to the Company shall be conclusively deemed to have been received by the Owner in all ordinary course of post.
REMOVAL. The Company may require the removal of the goods from the warehouse at any time. Notice requiring the removal of goods shall be given by registered mail addressed to the address last known to the Company of the storer of record and of any other person know by the Company to claim as interest in the goods and every such notice shall be deemed to have been received in the ordinary course of post. Failure to comply with the notice shall permit the Company to remove and destroy or sell by public or private sale or otherwise of the goods at its discretion, the whole at the risk and expense of the Owner.
NO INSURANCE. The Company does not carry any insurance on any goods for the benefit of the Owner.
NEGOTIABLE WAREHOUSE RECEIPT. Goods covered by a negotiable warehouse receipts which ha s been lost if destroyed will not be delivered or transferred in the records of the Company until the Company is furnished with a bond of indemnity satisfactory to the Company.
Every holder of a negotiable warehouse receipt by taking it agrees to pay to the Company all amounts accrued on the goods covered by the warehouse receipt, and that he is bound by and will comply with all the foregoing terms and conditions.