(This Warehouse Service Agreement shall only apply when our warehouse services are being utilized)
Terms & Conditions
1. Shipping
a. Customer agrees that AJWW is a mere bailee, and Customer shall not ship goods to AJWW as the named consignee. Customer agrees to indemnify, defend and hold harmless AJWW from and against any and all liability, damages, costs, expenses, actions, legal suits, proceedings and claims or unpaid transportation charges, including, without limitation, undercharges of every type and nature in connection with goods which charges shall be a lien on the goods. Customer appoints AJWW as the forwarder for the transportation of their goods by ocean and air into the USA. If shipping is arranged without the knowledge of AJWW, AJWW reserves the right to reject to accept the cargo into their warehouse.
2. Tender for Storage
All goods for storage shall be delivered to AJWW properly marked and packaged for handling. All goods for storage delivered to AJWW not properly marked and packaged will be subject to additional charges.
3.Warehouse Storage Period and Charges
a. Storage charges become applicable upon the date AJWW accepts the goods, regardless of the state of unloading or date of issue of warehouse receipt.
b. The storage period shall be 30 days from the date of arrival. Recurring storage charges shall be assessed on each subsequent 30-day anniversary.
c. All invoices are due and payable according to the terms set forth upon the invoice. Terms set forth in the number of days are computed from the date of the invoice, not the date received. Finance charges may be assessed after the due date at 1.5% per month on all past due balances, provided this rate does not exceed the maximum rate allowed by law, in which case, the finance charge rate will be the maximum amount allowed by law.
4. Transfer, Termination of Storage, Removal of Goods
a. AJWW reserves the right, upon ten (10) days’ notice, after Customer confirmation, to move at its expense, goods to any other warehouse operated by AJWW.
b. AJWW may, without notice, move goods within the warehouse in which they are stored.
c. AJWW may, upon written notice as required by law, require the removal of the goods, or any portion thereof, from the warehouse upon payment of all charges attribute able to said goods, within a stated period, not less than thirty (30) days after such notification. If said goods are not so removed, AJWW may sell them as provided by law and shall be entitled to exercise any other rights it has under the law with respect to said goods.
d. If AJWW in good faith, believes that the goods are about to deteriorate or decline in value to less than the amount of AJWW lien before the end of the thirty (30) day period referred to in Paragraph 6c, AJWW may specify in the notice any reasonable shorter time for removal of the goods.
e. If, as a result of quality or condition of the goods of which AJWW had no notice at the time of deposit, the goods are a hazard to other property or to the warehouse or to persons, the goods may be removed and/or disposed of by AJWW as permitted by law. All charges related to said removal shall be paid by Customer.
5. Warehouse Service Pricing
All warehouse service pricing shall be determined strictly in accordance with the terms, conditions, and rates set forth in the warehouse rate card provided, which shall govern all applicable charges and fees.
6. Handling
a. Handling charges cover the ordinary labor involved in receiving goods at warehouse door, placing goods in storage, and returning goods to warehouse door.
b. Additional expenses incurred by AJWW in receiving and handling damaged or hazardous goods or in unloading from or loading into cars or other vehicles not at warehouse door will be charged to Customer.
c. AJWW shall not be liable for demurrage, delays in unloading inbound cars or delays in obtaining and loading cars for outbound shipments unless such demurrage and/or delays are the result of AJWW failure to exercise reasonable care.
7. Release of Goods
a. No goods shall be delivered by AJWW to Customer or its designee, except upon receipt by AJWW of complete written instructions from Customer, provided however that goods may be delivered, upon Customer instruction, by telephone provided that AJWW shall have no liability for loss or error resulting from oral instructions.
b. When goods are ordered out of storage, a reasonable time shall be given to AJWW to carry out such instructions. If AJWW is unable to carry out such instructions because of acts of God, war, public enemies, seizure under legal process, strikes, lockouts, riots, and civil commotion, or any other reason beyond AJWW’s reasonable control, or loss or destruction of goods for which AJWW is not liable, or any other excuse provided by law, AJWW shall not be liable for failure to carry out such instructions, and goods remaining in storage shall continue to be subject to regular storage charges.
c. International and domestics goods supplied through courier service will imply charges based on current courier prices and package weight/dimensions weight whichever is higher.
8. Extra and Special Services
a. Warehouse labor required for services other than ordinary handling and storage will be charged to Customer.
b. Special services requested by Customer including but not limited to compiling special stock statements; reporting marked weights, serial numbers, or other data from packages; and physical check of goods will be subject to a charge.
c. Dunnage, bracing, packing materials, pallets or other special supplies may be provided by AJWW for a charge.
9. Liability
a. AJWW shall not be liable to Customer for any loss and/or destruction of and/or damage to goods stored, unless such loss and/or destruction and/or damage directly resulted from the failure by AJWW to exercise such care in regard to said goods as a reasonably careful person would exercise under like circumstances. In no event will AJWW be liable for loss, destruction and/or damage which could not have been avoided by the exercise of such care.
b. Pursuant to the terms of section 9. (a) above, Customer declares and agrees that the amount of AJWW liability to Customer is limited to “the wholesale value as supported by industry publications” not to exceed 10 times the storage charge per/pallet/ Month or 50 cents per pound, whichever is less. We encourage customers to insure their goods.
c. AJWW liability referred to in Section 10(b) shall be Customer’s exclusive remedy against AJWW for any claim or cause of action whatsoever relating to loss, damage and/or destruction of goods and shall apply to all claims including inventory shortage and mysterious disappearance claims. In no event shall Customer be entitled to incidental, special, punitive, or consequential damages.
10. Notice of Claim and Filing of Suit
a. AJWW shall not be liable for any claim of any type whatsoever for loss and/or destruction of and/or damage to goods unless such claim is presented, in writing, within a reasonable time, not exceeding 60 days after Customer learns or, in the exercise of reasonable care, should have learned of such loss, destruction and/or damage.
b. As a condition precedent to making any claim and /or filing any suit, Customer shall provide AJWW with a reasonable opportunity to inspect the goods which are the basis of Customer ’s claim.
c. No lawsuit or other action may be maintained by Customer or others against AJWW with respect to the goods unless a timely written claim has been made as provided in Paragraph(a) of this section and unless Customer has provided AJWW with a reasonable opportunity to inspect the goods as provided in Paragraph.
(b) Of this section and unless such lawsuit or other action is commenced within three (3) months after Customer learns or, in the exercise of reasonable care, should have learned of the loss and/or destruction of and/or damage to the goods.
11. Lien
AJWW shall have a lien against the goods and on the proceeds thereof for all charges for storage, handling, transportation (including demurrage and terminal charges), labor and other charges present or future with respect to the goods, advances, or loans by AJWW in relation to the goods and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. AJWW further claims a lien on the goods for all such charges, advances, and expenses in respect to any other property stored by Customer in any warehouse owned or operated by AJWW or its subsidiaries wherever located and whenever deposited and without regard to whether or not said other property is still in storage.
12. Authority
Customer represents and warrants that it either (i) is the lawful owner of the goods which are not subject to any lienor security interest of others; or(ii) is the authorized agent of the lawful owner and/or any holder of a lien or security interest and has full power and authority to enter into this Agreement. Customer agrees to notify all parties acquiring any interest in the goods of these terms and conditions and to obtain, as a condition of granting such an interest, the agreement of such parties to be bound by these terms and conditions.
13. Notices
All written notices provided herein may be transmitted by any commercially reasonable means of communication and directed to A.J. Worldwide Services Inc. at 901 Penhorn Avenue, Unit 6, Secaucus, NJ 07094, USA
14. Entire Agreement
This Agreement shall constitute the entire agreement between AJWW and Customer relating to the goods and supersedes all existing agreements between them whether written or oral and shall not be changed, amended, or modified except by written agreement signed by representatives of AJWW and Customer.
15. Waiver of Subrogation
AJWW and CUSTOMER each waive, release and discharge the other party and its respective officers, directors, shareholders, employees and agents from all claims and /or demands whatsoever which the releasing party may have or acquire arising out of and/or relating to personal injury and/or property damage, including, without limitation, loss, damage and/or destruction to the goods, to the extent that the releasing party has valid and collectible insurance coverage for such personal injury and/or property damage, whether such claim or demand may arise because of the negligence or fault of the party being released.
16. Miscellaneous
a. Fees and Expenses. Customer agrees to pay all fees and expenses of AJWW (including, but not limited to attorneys’ fees and court costs) incurred by AJWW in any action by AJWW to collect any of its charges, to enforce its lien or any of its rights under this Agreement, or to which it is made a party due to its status as bailee of the goods.
b. Binding Effect. The customer agrees that these terms and conditions shall be binding on Customer heirs, assigns and successors.
17. Acceptance and Execution
By signing below, the customer acknowledges that they have read and understood the terms and conditions outlined in this Agreement. The customer further agrees to comply with all applicable provisions, including but not limited to liability limitations, lien rights, and payment obligations. A.J. Worldwide Services Inc. is facilitating this agreement as a service provider only and does not assume any responsibility or liability under this Agreement.
I hereby acknowledge that I have read, understand and agree to the terms and conditions of A.J Worldwide Services Inc.