(Approved and promulgated by Canadian Association of Warehousing and Distribution Services
; revised and promulgated by the International Warehouse Logistics Association,).
DEFINITIONS – Sec. 1
In these Terms and Conditions:
“Article” means an item of tangible personal property other than a fixture.
“Depositor” means the owner of the Goods or the party for whose account the Goods are stored;
“Goods” means the goods or packages containing them that are described on the face of and are covered by this Receipt;
“Receipt” means this non-negotiable warehouse receipt to which these Terms and Conditions are attached, and which acknowledges in writing Company’s receipt for storage of Depositor’s Goods;
“Storage” includes cross-dock, trailer-drop, transloading and other such storage services.
“Company” mean the issuer of this Receipt, its employees, servants, successors, and assigns; and
“Warehouse Facility” mean the warehouse premises of the Company.
CONTRACT – Sec. 2
Subject always to legislation in force governing warehouse receipts in the province where the Goods are stored, this Receipt, including the Terms and Conditions hereinafter set out and rates and charges that may be attached hereto, when delivered or mailed to the Depositor of the Goods at its address last known to the Company, shall constitute the contract between the Depositor and the Company; provided that the Depositor may within 20 days after such delivery or mailing, notify the Company in writing that the Depositor does not accept the contract and forthwith thereafter shall pay the Company’s lien for charges and remove the Goods. If such notice is not given, then this Receipt constitutes the contract. This contract may be cancelled by either party upon 30 days written notice and is cancelled if no storage or other services are performed under this contract for a period of 180 days.
TENDER FOR STORAGE – Sec. 3
All Goods tendered for storage shall be delivered at the Warehouse Facility properly marked and packaged for handling. The Depositor shall furnish at or prior to such delivery, a manifest showing marks, brands or sizes to be kept and accounted for separately, and the class of storage and other services desired.
STORER’S LIEN – Sec. 4
All advances and charges are due and payable prior to delivery or transfer of the Goods. The Company shall have a lien upon, right of retention and security interest in all Articles of Depositor, including the Goods, at any time heretofore and hereafter deposited by Depositor in any Warehouse Facility owned or operated by the Company. Such lien, right of retention and security interest shall be for all charges, advances and expenses in relation to such Articles of Depositor, whether or not heretofore released from the Warehouse Facility. In the event of nonpayment of any such amounts, the Company has the right, after reasonable notice, to sell or otherwise dispose of the Depositor’s Articles in any manner that it may reasonably think fit to satisfy its lien, subject to legislation in force governing the disposition of such Articles in the province where such Articles are stored. Where the Company decides, in its sole and exclusive discretion, to deliver or transfer the Goods prior to receipt of payment of all charges, advances and expenses in relation to the Goods, the Depositor shall deliver to the Company, immediately upon its request, a signed acknowledgment of indebtedness on an invoice or other statement of account.
BASIS OF CHARGES – Sec. 5
Any charge made with respect to the Goods shall conform to the Company’s rates and charges that may be attached hereto or quotation and/or tariff in effect at the time the service is performed.
ACCESS AND INSPECTION – Sec. 6
The Depositor may, subject to the Company’s security and insurance regulations and other reasonable limitations, have access to the Goods at any reasonable time, provided at least 48 hours written notice is given in advance to the Company and provided the Depositor or its authorized representative is accompanied by an employee of the Company, whose time shall be an additional charge to the Depositor.
DANGEROUS GOODS – Sec. 7
It is the Depositor’s responsibility to provide the Company in advance with detailed, written information and instructions on any of its Articles that may be considered hazardous, whether or not they are regulated under the Transportation of Dangerous Goods Act or other applicable legislation. If the Depositor fails to do so, the Company
shall have the right to refuse to accept such Articles when tendered for storage or other services and shall not be liable for any loss, mis consignment or damage of any nature to such Articles. The Depositor warrants that the Goods, the packaging and marking thereof comply in all respects with the provisions of any federal or provincial legislation or regulations governing the handling or storage of dangerous goods. The Depositor assumes all liability for costs incurred and/or damages resulting from Depositor’s failure to do so. The Depositor shall indemnify, defend and hold the Company (including its officers, directors, parent and affiliated companies, employees, servants and agents) harmless from and against any loss, liability, damage, penalty, demand, expense, claim of whatever type or nature by or on behalf of any person, including but not limited to damage or destruction of property or injury (including death) to any person, arising out of the Goods being stored at the Warehouse Facility or tendered for transportation or handled by third parties retained by the Company.
REMOVAL OF GOODS – Sec. 8
No Article that is or may become of a dangerous, explosive, inflammable, radioactive, hazardous, biohazardous, cytotoxic or environmentally damaging nature that, in the opinion of the Company, may create a condition hazardous to any personnel or Articles in the Warehouse Facility or to the Warehouse Facility itself shall be delivered to the Warehouse Facility, except where the Depositor has obtained the prior written approval of the Company. Any such Article may, upon being discovered, be destroyed, dumped, sold or otherwise disposed of as the Company reasonably sees fit, the whole at the risk and expense of the Depositor and without liability on the part of the Company. The Company shall have the right to require the removal from its Warehouse Facility of any other Articles 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.
LIABILITY OF COMPANY – Sec. 9
GENERAL – Sec. 10