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Terms & Condition

LNGD means Longdo Trucking Corp. and their employees, agents or authorizedrepresentatives.Customer means the cargo owner and any party who has engaged the services of LNGD, andtheir employees, agents or representatives and the cargo owner.

 

 ACCEPTANCE -- SEC. 1

The  act  of  tendering  goods  described  herein  for  storage  or  other  services, including butnot limited to warehousing, import, export, outturn or transport by LNGD shall constituteacceptance by the customer of the terms and conditions set forth herein.

 

SHIPPING TO LNGD-- SEC. 2

Customer agrees not to ship goods to LNGD as the named consignee. If, in violation of thisagreement, goods are shipped  to LNGD as named consignee, Customer agrees to notify carrier, with copy of such notice to LNGD, that LNGD is a warehouse  and has no beneficial titleor interest in such property. Customer further agrees to indemnify and hold harmless LNGDfrom any and all claims for unpaid transportation charges, including undercharges, demurrage,detention or charges of any nature, in connection with goods so shipped.  Customer furtheragrees that, if it fails to notify carrier as required by the preceding sentence, LNGD shall havethe right to refuse such goods and shall not be liable or responsible for any loss, injury, ordamage of any nature to, or related to, such goods.

 

TENDER OF GOODS TO LNGD -- SEC. 3

All goods shall be delivered to LNGD marked and packaged for handling. The Customer shallfurnish at or prior to such delivery, a manifest showing marks, brands, or sizes to be kept andaccounted for separately, and the class of storage and other services desired. 

 

STORAGE PERIOD AND CHARGES -- SEC. 4

Storage charges are billed in advance on the first day of each month.   All other charges willbe billed in accordance with the customary practice of LNGD.

 

TRANSFER, TERMINATION OF STORAGE, REMOVAL OF GOODS -- SEC. 5

(a) Instructions to transfer goods on the books of LNGD are not effective until delivered to and received by LNGD, and all charges up to the time transfer is made are chargeable to theCustomer of record.  If a transfer involves rehandling the goods, such rehandling will be subject to a charge at LNGD's standard rates.

(b) LNGD reserves the right to move, at its expense, 14 days after notice is sent by mail,orfacsimile or electronic mail to the Customer of record, any goods in storage from the warehousein which they may be stored to any other of its warehouses. LNGD will store the goods at,  and may  without  notice  move  the  goods  within  and  between,  any  one  or  more  of  thewarehouse buildings which comprise its warehouse complex. 

(c) If as a result of a quality or condition of the goods which LNGD was not placed onwritten notice of at the time the goods were tendered to LNGD, the goods are determined byLNGD to be a hazard to other property or to the warehouse or to persons, LNGD may sellthe goods at public or private sale, without advertisement on reasonable notification to allpersons known to claim an interest in the goods. The sale will not occur until atleast fifteen (15)days after notice to Customer, unless the goods are perishable.   If the goodsare perishable the sale may occur immediately upon notice to the Customer.  If LNGD, after areasonable effort is unable to sell the goods, or cannot complete a sale, it may dispose of themin any lawful manner and shall incur no liability by reason of such disposition. Pending suchdisposition, sale, or return of the goods, LNGD may remove the goods from the warehouse andshall incur no liability by reason of such removal. 

(d) Customer  agrees  that  when  LNGD  releases  goods  to  Customer  or  its authorized representative, including any common carrier or bailee engaged by Customer, that LNGD will have no further obligation or responsibility to Customer or for the goods.   Asigned receipt to LNGD without exception as to loss or damage shall be conclusiveevidence that the goods were not lost or damaged while in the possession of LNGD.

 

HANDLING -- SEC. 6

(a)The handling charge covers the ordinary labor involved in receiving goods at warehousedoor, placing goods in storage, and returning goods to warehouse door.

(b) Unless otherwise agreed, labor for unloading and loading goods will be subject to acharge at the agreed upon rates.  Additional expenses incurred by LNGD in receiving andhandling damaged goods, and additional expense in unloading from or loading into cars or trailers  or  other  containers  not  at  warehouse  door  will  be charged  to  the  Customer  at the customary rates.

(c) LNGD shall not be liable for demurrage or detention, delays in unloading inbound cars,trailers or other containers, or delays in obtaining and loading cars; trailers or other containers foroutbound shipment unless LNGD has failed to exercise reasonable care.

 

DELIVERY REQUIREMENTS -- SEC. 7

(a) No goods shall be delivered or transferred except upon receipt by LNGD of completewritten  instructions. Written instructions shall include, but are not limited to, FAX, EDI,Email, or similarcommunication.   However, when no negotiable receipt is outstanding, goodsmay be delivered upon instruction by telephone in accordance with a prior written authorization,but LNGD shall not be responsible for loss or error occasioned thereby.

(b) When Customer requests goods from the warehouse, a reasonable time shall begiven LNGD to carry out the applicable instructions, and if  unable to do so because of acts ofGod, war, public enemies, seizure under legal process, riots and civil commotion, or anyreason beyond LNGD's control, or because of loss or destruction of goods for which LNGDis not liable, or because of any other excuse provided by law, the LNGD shall not be liable forfailure to carry out such instructions.

 

EXTRA SERVICES (SPECIAL SERVICES) -- SEC. 8

Warehouse labor required for services other than ordinary handling and storage will be charged to theCustomer at the customary rates of LNGD.

 

LIABILITY AND LIMITATION OF DAMAGES -- SEC. 9

(a) In consideration of the rate charged, it is agreed that the liability of LNGD shall be that of an ordinary bailee. LNGD shall undertake to exercise reasonable care in the storage, transportand handling of the goods.LNGD is not an insurer of the goods and will be liable only for lossor damage caused by the failure to exercise reasonable care in the storage, transport andhandling of the goods.  Customer acknowledges that it should maintain its own insurance on itsgoods for loss or damage while in the possession of LNGD.In the event that LNGD fails, for any reason, to exercise reasonable care in the transport,storage or handling of the goods, Customer agrees that the liability of LNGD shall be limited to$.50 cents per pound per article not to exceed a maximum of $500 unless a higher value is declared Customer and rates for increased valuation paid by Customer in accordance with the standard rates of LNGD.

(b) Where damage occurs to goods, for which the LNGD is not liable, the Customer 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 of goods.

 

NOTICE OF CLAIM AND FILING OF SUIT -- SEC. 10

(a) Claims by the Customer and all other persons must be presented in writing to LNGD with in a reasonable time, and in no event longer than 90 days after delivery of the goods or notification to the Customer that loss or damage to part or all of the goods has occurred,whichever time is shorter.

(b) No action may be maintained by the Customer or others against the LNGD for loss or damage to the goods stored unless such action is commenced nine months after delivery of the goods or notification to the Customer that loss or damage to part or all of the goods has occurred, whichever time is shorter.

(c) When goods have not been delivered or there is loss or damage to goods, notice maybe given of known loss or damage to the goods by FAX, EDI, Email, regular mail or similar communication.

 

LIABILITY FOR CONSEQUENTIAL DAMAGES -- SEC. 11

LNGD shall not be liable for any loss of profit or special, indirect, or consequential damages ofany kind.

 

LIABILITY FOR MISSHIPMENT -- SEC. 12

If LNGD negligently misships goods, through the sole fault of LNGD it shall pay the reasonable transportation charges to redeliver the goods, up to $500. If the consignee fails to return thegoods, LNGD's maximum liability shall be for the lost or damaged goods as specified in Section 9above. In no event will LNGD be liable for any associated costs, damages, chargebacks orexpenses.

 

MYSTERIOUS DISAPPEARANCE -- SEC. 13

A e liable for loss of goods due to inventory shortage or unexplained ormysterious disappearance of goods unless Customer establishes such loss occurred because of LNGD's failure to exercise the care required of LNGD under Section 9 above and merchandise shortages are more than 10% of goods received by LNGD. LNGD shall be entitled to off set any overage on other items which are held for the account of Customer. Customer agrees that no shortage will constitute conversion in the absence of evidence that the goods were actually converted by LNGD.

 

RIGHT TO STORE GOODS -- SEC. 14

Customer represents and warrants that Customer has lawful possession of the goods and has the right authority to tender those goods to LNGD.Customer agrees to indemnify and hold harmless from all loss,cost and expense(including reasonable at journeys'fees) which LNGD pays or incurs as a result of any dispute or litigation,whether instituted by LNGD or others, respecting Customer's right title or interest in the goods.Such amounts shall be charges in relation to the goods and subject to LNGD's lien.

 

ACCURATE INFORMATION -- SEC. 15

Customer will provide LNGD with information concerning the goods, which is accurate, complete sufficient to allow LNGD to comply with all laws and regulations concerning the storage,handling and transporting of the goods. Customer will indemnify andhold LNGD harmless from all loss, cost, penalty and expense (including reasonable at journeys' fees) which LNGD pays or incurs as a result of Customer failing to fully discharge this obligation.

 

SEVERABILITY and WAIVER -- SEC. 16

 (a) If any provision of this receipt, or any application thereof, should be construed or held to be void, invalid or unenforceable, by order, decree or judgment of a court of competent jurisdiction,the remaining provisions of this receipt shall not be affected thereby but shall remainin full force and effect.

(b) LNGD's failure to require strict compliance with any provision of these terms and conditions shall not constitute a waiver or estoppel to later demand strict compliance with thator any other provision(s) of these terms and conditions.

(c) These terms and conditions shall be binding upon the Customer's heirs, executors,successors and assigns; contain the sole agreement governing goods stored with the LNGD;and, cannot be modified except by a writing signed by LNGD.