Warrior Logistics Ltd.
Warehousing and Distribution Terms and
Canadian Standard Contract Terms and Conditions for Merchandise Warehousemen
(Approved and promulgated by Canadian
Association of Warehousing and Distribution Services. October 1988: revised and
Promulgated by the International Warehouse Logistics Association: January
– Section 1
these Terms and Conditions, the word “warehouseman” means the issuer of this
non-negotiable receipt, his employees, servants, successors and assigns, and
the words “owner”, “storer” or “depositor” means the party for whose account
the goods are stored.
2.1.1. Subject always to legislation in force
governing warehouse receipts in the province where the goods covered by this
Receipt are stored, this Receipt including the Terms and Conditions hereinafter
set out, when delivered or mailed to the owner or depositor of the goods to his
address last known to the warehouseman, shall constitute the contract between
the owner or depositor and the warehouseman; provided that the owner or
depositor may within twenty days after such delivery or mailing, notify the
warehouseman in writing that he does not accept the contract and forthwith
thereafter shall pay the Warehouseman’s
lien for charges and remove the goods. If such notice is not given then this
Receipt constitutes the contract.
2.2. Month to Month Agreement
2.2.1. All services rendered are in full
month terms, where the greatest quantity of simultaneously used skid spots will
determine the monthly storage rate.
2.3. Term Agreement
2.3.1. The owner may be permitted a term
agreement for a discounted storage rate for no less than 12 months. This
agreement guarantees the quantity of agreed upon spots to be available for the
2.4.1. Month to Month contracts can be
terminated at any time with the billing period terminating at the end of the
2.4.2. Term Agreements can be cancelled with
a buy-out of the remaining months of storage.
Storage – Section 3
All goods for
storage shall be delivered at the warehouse properly marked and packaged for
handling. The storer shall furnish at or prior to such deliver, a manifest
showing marks, brands, or sizes to be kept and accounted for separately, and
the class of storage and other services desired.
Lien – Section 4
and charges are due and payable prior to delivery or transfer of the stored
goods. The warehouseman shall have a lien upon, right of retention and security
interest in all goods of storer at any time heretofore and hereafter deposited
by storer in any warehouse owned or operated by the Warehouseman. Such lien,
right of retention and security interest shall be for all charges, advances,
and expenses in relation to such goods of storer, whether or not heretofore
released from the warehouse. In the event of nonpayment of any such amounts,
the warehouseman has the right, after reasonable notice, to sell or otherwise
dispose of the goods in any manner he may reasonably fit to satisfy his lien.
Charges – Section 5
made with respect to the goods covered by this receipt shall confirm to the
warehouseman’s quotation and/ or tariff in effect at the time he service was
Charges – Section 6
minimum monthly charge of $50.00 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.
Inspection – Section 7
storer may, subject to the warehouseman’s security and insurance regulations
and other reasonable limitations, have access to the goods at any reasonable
time, provided the storer on his authorized representative is accompanied by an employee of the
warehouseman, whose time shall be an additional charge to the storer.
Goods – Section 8
or other dangerous article that may, in the opinion of the warehouseman, create
a condition hazardous to any personnel or goods in the warehouse shall be
delivered to the warehouse and any such article may, upon being discovered, be
destroyed, dumped, sold, or otherwise disposed of as the warehouseman
reasonably sees fit, the whole at the risk and expense of the owner and/ or
depositor. The warehouseman shall have the right to require the removal from
its premises of any other goods of any kind or description, at any time,
without stated reasons, upon written notice of not less than (30) days from the
end of the current storage month.
of Warehouseman – Section 9
responsibility of the warehouseman is the reasonable care and diligence
required by the laws of the province where the goods are stored.
quality, condition, contents, and value of goods stored are not known to the
warehouseman except as declared by the storer and described on the face of the
covered by this Receipt are not insured by the warehouseman.
limiting the generality of the foregoing, it is specifically declared that:
4.1. All goods are stored at the owner’s
risk of loss, damage or delay in the delivery caused by or through
inaccuracies, obliteration or absence of marks, numbers, address or
description, act of God, irresistible force, enemies or the queen, civil or
military authorities, insurrection, riot, strikes, picketing or any other
labour trouble, water stream, sprinkler leakage, floods, rain, wind, storm,
fire, frost, vermin, heating or corruption, deterioration, drainage, dampness,
rust, decay, collapse of the building, inevitable accident, depreciation or
perishing by elapse of the time, changes in temperature, contact with or odours
from other goods, inherent defects, lack of any special care or precaution,
injury to articles insufficiently protected or arising from nature of the
goods, loss in weight, insufficient cooperage boxing, crating or packaging,
ordinary wear and tear in handling, leakage, concealed damage or any cause
4.2. control of the company or failure to
detect any of the foregoing. All storage and other applicable charges must be
paid on goods stored for an additional time, or lost or damaged by any of the
legal liability of the warehouseman shall be strictly limited to the lesser of
the monetary amount of the damage incurred or 100 times the monthly storage
rate on any one package or stored unit with the contents (or, in cases where
the warehouseman’s charges are calculated for other than actual storage,
maximum $50.00 per unit) unless the owner specifically request a higher limit
in writing and declares an excess value, in which case the warehouseman may, at
his option, accept liability and assess an additional charge to the monthly
storage or other applicable rate
loss or injury occurs to stored goods, for which the warehouseman is not
liable, the storer shall be responsible for the cost of removing and disposing
of such goods and the cost of any environmental cleanup and site remediation
resulting from the loss or injury to the goods.
warehouseman shall not, in any event, be liable for any claim of any type
whatsoever with respect to the stored goods, unless such claim is presented in
writing within a reasonable time, not exceeding 30 days after the storer learns
of, or, in the exercise of reasonable care, should have learned of the loss,
damage or destruction of said goods.
incoming shipments should be consigned to the storer, c/o the warehouseman,
freight prepaid. The warehouseman reserves the right to refuse acceptance of
any goods improperly consigned or shipped freight collect and shall not be
liable or responsible for any loss, injury, or damage of any nature to or
related to, such goods.
a checker is not furnished by the storer or transportation company, the
warehouseman’s load or unload count shall be conclusively deemed to be correct.
is the storer’s responsibility to provide the warehouseman in advance with the
detailed, written information and instructions on any of its products that may
be considered hazardous, whether or not they are regulated under the
Transportation of Dangerous Goods Act or other applicable legislation, and the
storer assumes all liability for costs incurred and/ or damages resulting from
his failure to do so.
warehouseman shall have no responsibility for errors resulting from the
corruption of electronically transmitted data or from verbal or telephoned
shipping instructions unless written confirmation of such instructions is
received not less than twenty-four hours prior to the shipment of the goods.
errors in shipments occur, any liability of the warehouseman shall be strictly
limited to the transportation costs involved to rectify any such error, and
shall not, under any circumstances, include liability for damages due to the
acceptance or use of said goods.
warehouseman shall not be responsible for delays in loading nor unloading
railway cars, trailers, or other containers, nor for demurrage charges or other
time penalties arising from any delay.
charge, in addition to regular rates will be made for merchandise in bond
pursuant to Customs and Sufferance regulations of Government of Canada.
shall not be liable for loss of goods due to inventory shortage or unexplained
or mysterious disappearance of goods unless storer establishes such loss
occurred because of warehouseman’s failure to exercise the care required of
warehouseman under Section 9 above.
represents and warrants that depositor is lawfully possessed of goods and has
the right and authority to store them with the warehouseman. Storer agrees to
indemnify and hold harmless the warehouseman from all the loss, cost and
expense (including reasonable attorney’s fees) which warehouseman pays or
incurs as a result of any dispute or litigation. Whether instituted bay
warehouseman or others, respecting stores right, title or interest in the
goods. Such amounts shall be charges in relation to the goods and subject to
10. Warehouseman shall not be liable for
any loss or profit or special, indirect, or consequential damages, charges, or
penalties of any kind.
11. 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. Warehouseman’s failure to
require strict compliance with any provisions of the receipt shall not
constitute a waiver or estoppel to later demand strict compliance with that or
any other provisions or this warehouse receipt. The provisions of this
warehouse receipt shall be binding upon the storer’s heirs, executors, and
cannot be modified except by a writing signed by the warehouseman.