Cloverdale Cold Storage LTD

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TERMS AND CONDITIONS OF STORAGE

1. All goods for storage shall be properly marked and packed for handling. The storer shall furnish at or prior to delivery a manifest showing marks, brands or sizes to be kept and accounted for separately and the class of storage desired: otherwise the goods may be stored in bulk or assorted lots (the word "lot" as used herein means the unit or units of fungible goods for which a separate account is to be kept by the warehouseman) in special or general storage at the discretion of the warehouseman and will be charged for accordingly. Delivery of all or any units of a lot shall be made without subsequent sorting except by special arrangement and subject to a charge. The warehouseman undertakes to store and deliver goods only in the packages in which they are originally received unless otherwise provided. Services for such packaging changes will be charged as per the warehouseman's tariff.

2. Use of the warehouseman's pallets, totes, containers or other equipment for the storage or transport of the storer's goods will be subject to additional charges for the non return and/or usage of such items according to the warehouse tariff. All such charges will be deemed to be a proper and reasonable warehouseman's charge under the terms of the applicable warehouse lien legislation.

3. All goods are stored on the basis of 10 days minimum and daily thereafter, unless otherwise provided. Storage will be charged for at the tariff of the warehouseman for the class of space occupied. All charges for initial storage and handling are due on receipt of invoice and all other charges and payments referred to herein, are due when incurred. Except where other procedure is provided, the warehouseman may, upon written notice to the storer of record and to any other person known to the warehouseman to claim an interest in the goods require the removal of any goods by the end of the next succeeding storage month. Such notice shall be given by delivery in person or by registered letter to the last known place of business or abode of the person to be notified.

4. Handling charges cover the ordinary labour and duties incidental to receiving goods at the warehouse door and delivery to the warehouse door, but do not include loading or unloading of trucks, vehicles or vessels unless so specified. Handling charges will be made at the regular tariff of the warehouseman, unless otherwise provided and will be billed with the storage for the first period. Goods at the request of the storer received or delivered, during other than the usual business hours will be subject to an additional charge as per the warehouse tariff.

5. Container unloading or loading charges include the use of forklift drivers and labour required to or from the warehouse door. Dunnage and fastenings supplied by the warehouseman and used in the loading of containers are chargeable to the storer. Any additional costs incurred by the warehouseman in unloading containers containing damaged goods or the removal of dunnage are chargeable to the storer. The warehouseman shall not be responsible for demurrage, nor for the delays in unloading inbound containers, nor for the delays in obtaining containers for outbound shipments.

6. A charge will be made for all services not in respect of actual storage and handling in the warehouse at the full tariff rate charged by the warehouseman for such services. Charges are payable upon presentation of invoice.

7. Extra services in the interest of the storer such as special warehouse space, power, material, transportation, repairing, coopering, measuring, sampling, weighing, re-piling, inspection, physical warehouse checking, breaking packages, compiling stock statements, collections, revenue and extra postage, reporting marked weights or numbers, handling transportation expense bills, packing for shipment, etc. are all chargeable to the storer in accordance with the warehouse tariff. Freight and other disbursements made on behalf of the storer are due and payable on demand. Storer's ( which include holders of negotiable receipts) may be subject to insurance regulations and reasonable limitations, have access to their goods in storage when accompanied by a warehouse employee whose time is chargeable to the storer.

8. Goods will be transfened or delivered only if accompanied by written signed instructions and upon request by the warehouseman, surrender of the receipt. When goods are ordered out, a reasonable time shall be given the warehouseman to carry out instructions and if goods cannot, with due diligence, be delivered prior to the expiry of the storage period, the goods will be subject to charge for another storage period. DELIVERY OF GOODS MAY AT THE WAREHOUSEMANS ELECTION, BE REFUSED UNTIL ALL CHARGES ARE PAID. Warehouseman retains lien for prior charges, if any, on goods transferred in the warehouse. lf transfer requires re-handling of goods, an additional handling charge will be made. Charges up to the time of transfer are recoverable from either the transferee or the transferor. The warehouseman reserves the right to transfer at its own expense without notice any goods in storage from one room to another in the warehouse, provided transfer involves no change in the class of storage.

9. GOODS ARE NOT INSURED NOR DO STORAGE RATES INCLUDE INSURANCE.

10. The duty of care of a warehouseman, unless otherwise agreed to in writing by the warehouseman, is the reasonable care and diligence required by law. Goods are stored at the storer's risk of shrinkage, deterioration, loss or damage through inherent vice, fire, burglary, heat, smoke, rust, ammonia, leakage, moth, vermin, earthquakes and other acts of God, wars, electrical power failure, faulty or ineffective packaging, restraint of Government, strikes, lockouts, mobs, riots, insurrection, theft or from water, pests or marine life. Perishable goods which are susceptible to damage through temperature changes or otherwise, which by keeping will deteriorate greatly in value or injure other goods in the warehouse in the warehouseman's premises are accepted only at storer's risk for such damage as might result from general storage conditions and the warehouseman reserves the right to require the storer to remove such goods from the warehouse by notice as prescribed by law.

11. The warehouseman's liability shall be based on the lower of actual cost, value, but in no instance shall exceed fifty (50) cents per pound for Fish, fifty (50) cents per pound for Red Meat, fifty (50) cents per pound for White Meat, or forty (40) cents per pound for fruits and vegetables and other products not specified above unless the storer at the time of depositing declares in writing a greaier value and pays additional charges for the for the excess value declared in accordance with charges determined by the warehouse tariff. The warehouse shall not in any case or under any circumstances, whether negligent or not, be responsible for any loss or damage to the goods unless and until notice in writing of such loss or damage, together with full and detailed particulars thereof, are given to the warehouseman within thirty-six (36) hours after the storel or owner of the goods may become aware of such loss or damage, or takes delivery of the goods or any portion thereof, which ever event may happen, or in the event of notice to remove being given by the warehouseman, within thirty-six (36) hours after the period stipulated in such notice.

12. Nothing herein contained shall be construed as limiting any lawful remedies, including lien rights, the warehouseman may have for satisfying any and all charges and payments required to be made by the storer hereunder.

13. All charges required hereunder to be borne by the storer, including any disbursement made by the warehouseman on behalf of the storer, are subject at the warehouseman's election, to interest payable immediately from date billed by warehouseman to storer, at the rate and terms set forth on the face of this receipt.

14. Any and all charges, expenses and costs, INCLUDING BUT NOT LIMITED TO SOLICITOR AND OWN CtIENT COSTS incurred by the warehouseman, as a result of any claim, action or proceeding made or initiated with respect to the goods by any party, are the liability of the storer and are payable on demand.


E-mail: icameron@cloverdalecold.ca