RATE QUOTATION AND CONTRACT
BALTIMORE INTERNATIONAL WAREHOUSING & TRANSPORTATION, INC.
UNSTAFFED CENTRALIZED EXAMINATION STATION
Date ________________
Subject to the attached Terms and Conditions,
Baltimore International Warehousing and Transportation, Inc. quotes rates for
storage, handling and other services as follows:
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Centralized Examination Station (CES) Fee Scheduled
Attached
The information contained on this page, under PRODUCT
DESCRIPTION of this contract was used to develop the rates for those products
covered by this contract. Should the
handling, storage or other characteristics of the products covered by this
contract change materially, Baltimore International Warehousing and
Transportation, Inc. may revise this rate accordingly.
All goods stored and handled in accordance with the
Standard Contract Terms and Conditions incorporated into this agreement.
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ALL CHARGES ARE DUE AND PAYABLE UPON
RECEIPT OF
WAREHOUSEMAN’S INVOICE.
CHARGES, CLAIMS WILL NOT BE DEDUCTED
FROM WAREHOUSEMAN’S INVOICES.
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ROUTING
INSTRUCTIONS: Shipments to be consigned
to yourself in care of Baltimore
International Warehousing and Transportation, Inc.
Delivering Carrier
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Bill of Lading and
Manifest of contents are to be received by the warehouse before arrival of
shipment.
ACCEPTED BY
________________________________________
DATE _______________
Standard
Contract Terms and Conditions
LIABILITY AND LIMITATION OF DAMAGES –
Sec. 1
(a) THE
WAREHOUSEMAN SHALL NOT BE LIABLE FOR ANY LOSS OR
INJURY TO GOODS
STORED HOWEVER CAUSED UNLESS SUCH LOSS OR INJURY RESULTED FROM THE FAILURE BY
THE WAREHOUSEMAN TO EXERCISE SUCH CARE IN REGARD TO THEM AS A REASONABLY
CAREFUL MAN WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND WAREHOUSEMAN IS NOT
LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH
CARE.
(b) GOODS ARE NOT INSURED BY THE
WAREHOUSEMAN AGAINST LOSS OR INJURY HOWEVER CAUSED.
(c) ALL GOODS ARE WAREHOUSED AT OWNER’S
RISK OF LOSS, DAMAGE, OR DELAY BY CIVIL OR MILITARY AUTHORITY, OR INSURRECTION,
RIOT, STRIKES, LABOR DISPUTES, ENEMIES OF THE GOVERNMENT, SPRINKLER LEAKAGE,
FLOOD, WIND, STORM, FIRE, MOTH CORRUPTION, DEPREDATION BY RATS, MICE OR VERMIN,
CHANGE OF TEMPERATURE, OR BY ANY CAUSE BEYOND THE CONTROL OF THE WAREHOUSEMAN. THE WAREHOUSEMAN WILL ASSUME NO
RESPONSIBILITY FOR CONCEALED DAMAGE, LEAKAGE, VARIATION IN WEIGHTS, OR FOR
LOSSES IN WEIGHT BY REASON OF DEFECTIVE OR INSUFFICIENT CONTAINERS WHETHER
OCCURRING WHILE GOODS ARE IN STORAGE OR ARE BEING HANDLED, NOT FOR FAILURE TO
DETECT OR REMEDY THE SAME.
(d) LIABILITY OF THE WAREHOUSEMAN FOR
LOSS OF OR DAMAGE TO GOODS SHALL IN NO CASE EXCEED $2.00 PER CUBIC FOOT OR 10
CENTS PER POUND, ACCORDING AS WEIGHT OR SIZE DETERMINES THE RATE, UNLESS EXCESS
VALUE IS DECLARED BY THE DEPOSITOR OF RECORD AT THE TIME THE GOODS ARE
STORED. A CHARGE WILL BE MADE FOR SUCH
EXCESS VALUE.
(e) WHERE LOSS OR INJURY OCCURS TO STORED
GOODS, FOR WHICH THE WAREHOUSEMAN IS NOT LIABLE, THE DEPOSITOR SHALL BE
RESPONSIBLE FOR THE COST OF REMOVING AND DISPOSING OF SUCH GOODS AND THE COST
OF ANY ENVIRONMENTAL CLEAN UP AND SITE REMEDIATION RESULTING FROM THE LOSS OR
INJURY TO THE GOODS.
NOTICE OF
CLAIM AND FILING OF SUIT – Sec. 2
(a) Claims by the depositor and all other
persons must be presented in writing to the warehouseman within a reasonable
time, and in no event longer than either 60 days after delivery of the goods by
the warehouseman or 60 days after depositor of record is notified by the
warehouseman that loss or injury to part or all of the goods has occurred,
whichever time is shorter.
(b) No action may be maintained by the
depositor or others against the warehouseman 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 nine months
after date of delivery by warehouseman or within nine months after depositor of
record is notified that loss or injury to part or all of the goods hAs
occurred, which ever time is shorter.
(c) When goods have not been delivered,
notice may be given of known loss or injury to the goods by mailing of a
registered or certified letter to the depositor of record. Time limitations for presentation of claim
in writing and maintaining of action after notice begin on the date of mailing
of such notice by warehouseman.
LIABILITY FOR
CONSEQUENTIAL DAMAGES – Sec. 3
Warehouseman shall not be liable for any
loss of profit or special, indirect, or consequential damages of any kind.
LIABILITY FOR MISSHIPMENT – Sec. 4
If warehouseman negligently misships
goods, the warehouseman shall pay the reasonable transportation charges
incurred to return the misshipped goods to the warehouse. If the consignee fails to return the goods,
warehouseman’s maximum liability shall be for the lost or damaged goods as
specified in Section 1 above. And warehouseman shall have no liability for
damages due to the consignee’s acceptance or use of the goods whether such
goods be those of the depositor or another.
MYSTERIOUS DISAPPEARANCE – Sec. 5
Warehouseman shall not be liable for loss
of goods due to inventory shortage or unexplained or mysterious disappearance
of goods unless depositor establishes such loss occurred because of
warehouseman’s failure to exercise the care required for warehouseman under
Section 1 above. Any presumption of
conversion imposed by law shall not apply to such loss and a claim by depositor
of conversion must be established by affirmative evidence that the warehouseman
converted the goods to the warehouseman’s own use.
Initials
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