Terms & Conditions - America Logistics Group

(a) There is a minimum handling charge per lot and a minimum storage charge per lot per month. When a warehouse receipt covers more than one lot or when a lot is in stock, a minimum charge per brand, brand and/or variety will apply. (b) A minimum monthly charge will be applied to an account for storage and/or handling. That minimum will also apply to each account when a customer has multiple accounts, each of which requires separate registration and billing.

(a) Warehouse shall not be liable for any loss or damage to goods in storage, however caused, unless such loss or damage results from Warehouse's lack of reasonable care. The warehouse will not be liable for damages that the warehouse could not have prevented despite having exercised such care. (b) The warehouse does not insure nor does it undertake to insure the merchandise against loss or damage, whatever its cause. (c) Depositor understands and agrees that absent his declaration of a higher value and payment of an additional applicable charge, damages are limited to $.25 per pound for all services provided or arranged by the warehouse. The depositor can avoid the aforementioned limitation of liability, before offering the goods, making a written declaration of the value of those assets, in which case the depositor will be responsible for paying an additional monthly charge based on said increased valuation. (d) When loss or damage to property occurs, for which the depot is not responsible, the depositor will be responsible for the cost of removing and disposing of such property and the cost of any environmental cleanup and site remediation resulting from the loss.

(a) Claims by the depositor and all other persons must be submitted in writing to the warehouse within a reasonable time, and in no event more than 60 days after delivery of the goods by the warehouse or 60 days after the warehouse notifies the depositor of record or the last known holder of a negotiable warehouse receipt of a loss or damage to all or part of the goods, whichever is shorter. (b) Neither the depositor nor any other person may initiate an arbitration against the warehouse for loss or damage of the goods stored unless a timely claim has been filed in writing as provided in subparagraph (a) of this section. (c) In cases of non-delivery of the goods, The warehouse may give notice of the loss or damage of the merchandise by sending a certified or registered letter to the depositor or to the last known holder of a negotiable warehouse receipt. The time limitations for filing a claim in writing and commencing arbitration after notice begin on the date of mailing of such notice by the warehouse..

The store will not be liable for any lost profits or any special, indirect or consequential damages of any kind.

If the warehouse misships the goods through negligence, you must pay reasonable transportation charges to return the misshipped goods to the warehouse. If the consignee fails to return the goods, the warehouse's maximum liability shall be for the goods lost or damaged, as specified in section 12 above, and the warehouse shall have no liability for damages due to the acceptance or use of the goods by the of the consignee.

The warehouse will not be liable for loss of goods due to inventory shortages or unexplained or mysterious disappearance of goods unless the depositor establishes that such loss occurred due to the warehouse's failure to exercise reasonable care. Any conversion presumption imposed by law shall not apply to such loss and a conversion claim must be established by affirmative evidence that the warehouse converted the goods for the warehouse's own use.

The depositor represents and warrants that he has legal possession of the goods and the right and authority to store them in the warehouse. Depositor agrees to indemnify and hold Warehouse harmless from all losses, costs and expenses, including, but not limited to, attorneys' fees that Warehouse pays or incurs as a result of any dispute or litigation arising out of or in any way connected with the right, title or interest of the depositor in the goods. Said amounts will be “charges in connection with the goods” and will be subject to the lien of the deposit.

EThe depositor shall provide the warehouse with information about the goods that is accurate, complete, and sufficient to enable the warehouse to comply with all laws and regulations relating to the storage, handling, and transportation of the goods. The depositor will indemnify and hold harmless the deposit from all losses, costs, penalties and expenses, including, among others, attorneys' fees that the deposit pays or incurs as a result of the total breach of this obligation by the depositor.

(a) If any of the Contract Terms and Conditions of this Warehouse Receipt is held invalid or unenforceable by any court, regulatory body or arbitration tribunal, then the remainder of the Contract Terms and Conditions shall be deemed unaffected by and shall remain in full force and effect. (b) The warehouse's failure to enforce strict compliance with any provision of the warehouse receipt shall not constitute a waiver or impediment to subsequently enforce strict compliance with that or any other provision of this warehouse receipt. (c) These Terms and Conditions of Contract are the final expression of the agreement of the parties regarding the storage of goods and will be binding and will inure to the benefit of the respective executors,

“Warehouse” means Air Systems LLC. “Depositor” means the shipper, consignee, owner of the goods, or their agents, including, but not limited to, motor carriers, trucking companies, carriers, brokers, and/or any entity that places or maintains a chassis/trailer group in any of the warehouse facilities. “Equipment” means any chassis, container, trailer or tractor. “Goods” means the merchandise, cargo or freight that the depositor offers for storage, established on the first page of this deposit receipt. “Yard storage” means the placement of containers or trailers, with or without tractors, empty or loaded, insured or uninsured, in the warehouse yard for the benefit of the depositor and/or the depositor's assets.

(a) By depositor's offer of goods for storage, depositor agrees to these Terms and Conditions of Contract, which no agent or employee of the parties may alter. (b) In the event that the goods do not conform to the description set forth on the first page of this warehouse receipt, the warehouse may refuse to accept said goods. If Warehouse accepts such goods, Depositor agrees to the fees and charges that Warehouse may assess and bill and to all terms of this Agreement. (c) Either party may cancel this Agreement by giving 30 days written notice to the other party.

The depositor may not designate the deposit as consignee of any property under any bill of lading, bill of lading, air waybill or any other transportation contract, receipt or delivery document. If, in violation of the terms of this warehouse receipt, the goods arrive at the warehouse and it is the designated consignee, the depositor agrees to notify the carrier in writing prior to such shipment, with a copy of such notice to the warehouse, that the deposit is made a deposit that has no beneficial title or interest in such property and the depositor further agrees to indemnify and hold harmless the deposit from any claim for unpaid transportation charges, including, but not limited to, insufficient charges, delays, detentions or charges of any nature,

The depositor has the duty to properly mark and pack all the goods offered for storage. Before or at the time of such offering, the depositor shall provide the warehouse with a manifest showing the marks, brands, or sizes that the warehouse is required to maintain and account for separately, and the kind of storage and other services desired by the depositor.

a) All storage charges are per package or other agreed upon unit, per month. (b) Storage charges start from the date the warehouse accepts the care, custody and control of the goods, regardless of the date of unloading or the date of issuance of the warehouse receipt. (c) Except as provided below in subparagraph (d) of this section, a full month's storage charge shall apply to all property received by the warehouse between the first and fifteenth, inclusive, of a calendar month; the half-month storage charge will be applied to all merchandise received by the warehouse between the sixteenth and the last day, inclusive, of a calendar month, and a full month's storage charge will apply to all goods stored on the first day of the following and successive calendar months. All storage charges are due and payable on the first storage day of the initial month and the first day of each subsequent calendar month thereafter. (d) When the warehouse and the depositor so agree, a storage month shall extend from a date in one calendar month up to, but not including, the same date in the following month and all

(a) The warehouse claims a lien for all legal charges for storage and conservation of the goods and/or equipment, and also for the money that the warehouse has advanced, as well as interest, insurance, transportation, labor , weighing, cooperating, and other charges and expenses in connection with said property, and for the balance of any other accounts due. The warehouse also claims a lien under your "Terms and Conditions of Service" invoice. The repository reserves the right to exercise its lien rights under the terms of any applicable law and/or agreement between the depositor and the repository. (b) Instructions to the warehouse to transfer goods are not effective until the warehouse receives and accepts such instructions, and all charges up to the time of transfer are the responsibility of the registered depositor. The warehouse will assess a charge for transfers that require, at its sole discretion, the rehandling of the merchandise. For transfers of goods to a third party by issuing a new warehouse receipt, the transfer date will be the new storage date. (c) The warehouse, at its expense, reserves the right to move the stored goods from the warehouse complex identified on the first page of this warehouse receipt to another warehouse storage location within fourteen days of notification of the warehouse by the warehouse. by certified or registered mail, to the registered depositor or to the last known holder of the negotiable deposit receipt. But if such depositor or holder takes delivery of such property rather than transfer, no storage charge will apply for that month of storage. The warehouse will store the goods in one or more of the warehouse buildings within the warehouse complex identified on the first page of this warehouse receipt, and may move them without notice within and between one or more of the warehouse buildings. (d) The warehouse may, upon written notice to the depositor of record and any other person known to the warehouse to claim an interest in the goods, require the disposal of the goods by the end of the next month of storage. The warehouse shall give such notification to the last known place of business or residence of the person(s) to be notified. If the depositor or his successor in title does not remove the goods before the end of the following month of storage, the warehouse may sell them in accordance with applicable law. (e) If the warehouse in good faith believes that the goods are about to deteriorate or lose value by less than the current warehouse quantity and are otherwise due or charged before the end of the next month of storage, the warehouse may specify in the notice any reasonably shorter period for removal of the goods and, in the event that they do not do so, the store may sell at a public sale held one week after a single announcement or publication as provided by law. (f) Yes, as a result of a quality or condition of the goods of which the warehouse was not aware at the time of deposit or because the goods have deteriorated and have become a danger to other property or to the warehouse or to any person , the warehouse, in its sole discretion, may sell the goods at a public or private sale without prior reasonable notice to all persons known to claim an interest in the goods. If the warehouse, after reasonable effort, is unable to sell the goods, it may dispose of them in any lawful manner and will not incur any liability for such disposition. Pending such disposition, sale or return of the goods, the warehouse may withdraw the goods from the warehouse and will not incur any liability for such withdrawal. (g) The warehouse claims a lien for all legal charges for storage and conservation of the goods and/or equipment, and also for the money that the warehouse has advanced, interest, insurance, transportation, labor, weighing , cooperation and other charges and expenses in connection with such property, and for the balance of any other accounts due. The warehouse also claims a lien

(a) Handling charges cover ordinary labor to receive the goods at the warehouse door, store the goods and return them to the warehouse door. Handling charges are due and payable upon receipt of the goods at the warehouse. (b) Unless the warehouse and the depositor agree otherwise in a writing signed by both, labor to unload and load merchandise shall be subject to a separate charge. Additional expenses the warehouse may incur in receiving and handling damaged merchandise, and unloading or loading onto cars, trailers or other vehicles not at the warehouse gate will be subject to an additional charge. (c) The labor and materials used in loading railroad cars or other vehicles are the responsibility of the depositor. (d) When the depositor or any third party orders goods in a quantity less than the depositor originally offered, the warehouse may make an additional charge for each order or each item of an order. (e) The warehouse shall not be responsible for delays or detentions, delays in unloading cars, trailers, or other incoming containers, or delays in obtaining and loading cars, trailers, or other

a) The warehouse will not deliver or transfer goods except after receiving full written instructions. Written instructions shall include, but are not limited to, email, fax, EDI, or similar communications, provided that the warehouse has no liability in reliance on information set forth in such instructions. But when there is no pending negotiable receipt, the warehouse may deliver merchandise upon telephone instruction, in accordance with a prior written authorization, but the warehouse will not be responsible for losses or errors subsequent to said telephone instructions. (b) For merchandise for which the warehouse issues a negotiable receipt, the warehouse will not deliver or transfer such merchandise, in whole or in part, unless the receipt is presented by the receiver, duly approved. In the event of loss or destruction of a negotiable receipt, the warehouse will only deliver the corresponding merchandise upon order of a court of competent jurisdiction and the constitution of a guarantee approved by the court. (c) When the depositor or other authorized persons order goods, the warehouse shall have a reasonable time to comply with the instructions, and if the warehouse is unable to do so due to acts of God, war, public enemies, seizures under judicial process, strikes, closures bosses, riots and civil commotions, or for any cause beyond the control of the warehouse, or for the loss or destruction of the merchandise for which the warehouse is not responsible, or for any other excuse or justification in law, the In the event of loss or destruction of a negotiable receipt, the warehouse will only deliver the corresponding merchandise upon order of a court of competent jurisdiction and the constitution of a guarantee approved by the court. (c) When the depositor or other authorized persons order goods, the warehouse shall have a reasonable time to comply with the instructions, and if the warehouse is unable to do so due to acts of God, war, public enemies, seizures under judicial process, strikes, closures bosses, riots and civil commotions, or for any cause beyond the control of the warehouse, or for the loss or destruction of the merchandise for which the warehouse is not responsible, or for any other excuse or justification in law, the In the event of loss or destruction of a negotiable receipt, the warehouse will only deliver the corresponding merchandise upon order of a court of competent jurisdiction and the constitution of a guarantee approved by the court. (c) When the depositor or other authorized persons order goods, the warehouse shall have a reasonable time to comply with the instructions, and if the warehouse is unable to do so due to acts of God, war, public enemies, seizures under judicial process, strikes, closures bosses, riots and civil commotions, or for any cause beyond the control of the warehouse, or for the loss or destruction of the merchandise for which the warehouse is not responsible, or for any other excuse or justification in law, the the warehouse will only deliver the corresponding merchandise upon order of a court of competent jurisdiction and the constitution of a guarantee approved by the court. (c) When the depositor or other authorized persons order goods, the warehouse shall have a reasonable time to comply with the instructions, and if the warehouse is unable to do so due to acts of God, war, public enemies, seizures under judicial process, strikes, closures bosses, riots and civil commotions, or for any cause beyond the control of the warehouse, or for the loss or destruction of the merchandise for which the warehouse is not responsible, or for any other excuse or justification in law, the the warehouse will only deliver the corresponding merchandise upon order of a court of competent jurisdiction and the constitution of a guarantee approved by the court. (c) When the depositor or other authorized persons order goods, the warehouse shall have a reasonable time to comply with the instructions, and if the warehouse is unable to do so due to acts of God, war, public enemies, seizures under judicial process, strikes, closures bosses, riots and civil commotions, or for any cause beyond the control of the warehouse, or for the loss or destruction of the merchandise for which the warehouse is not responsible, or for any other excuse or justification in law

(a) Depositor understands and agrees that he is responsible for paying warehouse labor for services other than ordinary storage and handling. (b) At the request of the depositor, and for an additional charge, the warehouse can provide the following non-exhaustive list of special services: compilation of special stock statements, reports of marked weights, serial numbers or other package data, physical verification of goods and management of transit invoicing. (c) At the request of the depositor, and for an additional charge, the warehouse may provide blocking and bracing materials, packing materials, or other supplies. (d) By prior arrangement, and for an additional charge, the warehouse may receive or deliver goods outside of normal business hours.

(a) The depositor understands and agrees that the goods on deposit are subject to a charge in addition to the regular fees. (b) When a warehouse receipt covers goods in US bonded warehousing, such receipt shall be void at the end of the statutory storage period.

The warehouse's liability for any yard storage of containers or trailers, whether loaded or empty, insured or uninsured, shall be subject to these Terms and Conditions.

These Terms and Conditions of Agreement shall be construed in accordance with, and shall be governed in all respects by, the laws of the State of Florida.