Terms: The materials and information on this World Wide Web Site are provided for information purposes only, do not necessarily reflect the opinions of or independent analysis made by D. M. Bowman, Inc. or any of its parent, subsidiary, or affiliated companies, predecessors, successors and assigns ("Bowman"), and are not guaranteed to be correct, complete or up-to-date. This World Wide Web site is not intended to create a contractual relationship between Bowman and the user nor are the materials and information on the site provided pursuant to the terms of any such contract between Bowman and the user, and you should not act or rely on any materials or information provided on this World Wide Web Site without independently verifying the accuracy of such materials and information to your own satisfaction.
No Commercial Use of Service: As a user of this World Wide Web Site, you agree not to reproduce, duplicate, copy, resell or exploit for any commercial purposes any of the materials or information on the site.
Disclaimers of Warranties: In using this World Wide Web site and viewing materials and information maintained on the site, you expressly understand and agree as follows:
Your use of this World Wide Web site is at your sole risk. The materials provided on this site are provided on an "as is" and "as available" basis. Bowman expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Bowman makes no warranty that:
1. the materials and information provided on this World Wide Web site will meet your requirements;
2. access to such materials and information will be uninterrupted, timely secure, or error-free.
3. the results that may be obtained on this site will be accurate or reliable.
4. any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk, and you will be solely responsible for damage to your computer systems or loss of data that may result from the download of any such material.
No advice or information, whether oral or written, which you obtain from Bowman through materials and information on this World Wide Web Site shall create any warranty.
Limitation of Liability: You agree that under no circumstances shall Bowman be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, good will, data or other tangible losses which may arise from the use or inability to use the materials and information on this World Wide Web site or in reliance by the user on any materials and information obtained from this site or from any mistakes, omissions, interruptions, deletion of files, delays in operation or transmission, or any other matter relating to your access to the materials and information on this site.
Exclusion and Limitations: Some jurisdictions do not allow for the exclusion of certain warranties of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of paragraph 3 and 4 above may not apply to you.
Links to Third Party Web Sites: This World Wide Web site may contain links to other web sites. Such links are meant to enable access to publicly available information by those who secure access to this web site only. Bowman makes no warranties or representations about any materials or information that the user may access through links contained on this World Wide Web site. The link to another web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content or the use of such third party web site.
Non-Negotiable Warehouse Receipt: Terms and Conditions
Rights to Goods. The Customer warrants that it is the owner and/or has lawful possession of the goods and has sole legal right to store and thereafter direct the release and/or delivery of such goods. The Customer agrees to indemnify and hold harmless (including legal fees and costs) Bowman of and from any claim by others relating to ownership, storage and release of the goods, and/or any other services provided by Bowman under this Warehouse Receipt.
Services Provided. Bowman shall receive, store and release the goods in its Facility as indicated on the Warehouse Receipt. Bowman may provide other services as requested by the Customer, at the rates set forth in the Schedule of Rates from time to time promulgated by Bowman with respect to such services; however, such additional services shall be provided by Bowman not as a bailee or warehouseman but solely as agent for the Customer.
Rates and Charges. Whenever provision is made herein for a charge by Bowman, such charge shall be based upon Bowman's Schedule of Rates in effect at the time such charge accrues or the service is performed. The Schedule of Rates shall be provided to the Customer with or prior to the initial deposit of goods into storage, and may thereafter be obtained by the Customer from time to time upon written request to Bowman. Storage rates shall be computed as set forth in the Schedule of Rates. A warehouse handling charge shall be made for placing goods in storage and for removing goods to a platform for delivery, as set forth in the Schedule of Rates. Charges for other services performed by Bowman shall be billed as such services are performed according to the Schedule of Rates. The Customer, as well as the shipper, owner and consignee of goods themselves, shall remain jointly and severally liable for all damages.
Payment. All charges are net, due and payable without offset or deduction, as set forth in the applicable Schedule of Rates. Handling-out charges shall be due and payable at the time the entire lot of goods is removed from storage.
Customer Warranties. In addition to the warranties set forth in Section 1 above, the Customer warrants that the information as to count, weight, description and condition of the goods set forth on any delivery document is accurate and complete and may be relied upon by Bowman. The Customer acknowledges and agrees that Bowman has no obligation to verify the quantity, content, condition or quality of the goods delivered to Bowman for storage. The Customer further warrants that all individual packages, pieces and items are clearly marked.
Lien and Security Interest. Bowman shall have a warehouseman's lien upon all goods and property of the Customer deposited or stored with Bowman, and upon the proceeds from the sale thereof, in accordance with provisions of all applicable laws, for all lawful charges for storage and preservation of the goods; also for all lawful claims for money advanced, interest, insurance, transportation, labor, weighing, coopering and other charges and expenses in relation to such goods, and for the balance on any other accounts that may be due or for any other services that may have been rendered, and also for all reasonable charges and expenses for notice, advertisement and sale of the goods where default has been made, and for all costs, including legal fees, incurred in enforcing such lien, collecting charges or defending itself in the event Bowman is made party to any litigation concerning such goods and/or property. This lien may be enforced by Bowman at any time and from time to time. In addition, the Customer hereby grants to Bowman a security interest in the goods and all proceeds derived there from, in accordance with the Uniform Commercial Code of the jurisdiction in which the Facility is located, for the full amount of the fees, charges and expenses identified above, and interest thereon, whether incurred before or after delivery, and the Customer agrees to execute and deliver all such documents as may be required to perfect such security interest.
Corrections. Unless written notice is given to Bowman within ten (10) days after receipt hereof by the Customer, this Warehouse Receipt shall be deemed complete and correct.
Transfer, Removal of Goods, Termination. Bowman reserves the right to move, at its own expense of transfer, any goods in storage from the Facility in which they may be stored to any other warehouse owned or leased by Bowman or any of its affiliates; in which case such new warehouse shall be deemed the Facility for all purposes hereunder. Bowman can move goods within the Facility without notice to the Customer or any other party. Upon not less than thirty (30) days' prior written notice to the Customer and to any other party known by Bowman to claim an interest in the goods, Bowman may require the removal of the goods, or any portion thereof, and the immediate payment of all amounts owing hereunder, for any reason, with or without cause, and whether or not there has been any default by the Customer. Such notice shall be given by delivery in person or certified mail addressed to the last known place of business or abode of the person to be notified.
Liability of Bowman. Bowman shall be responsible for exercising reasonable care under the circumstances, and shall not be liable for any loss, damage or injury to the goods that could not have been avoided by the exercise of such reasonable care. In particular, and not in limitation hereof, Bowman shall not be responsible for loss or damage resulting from sprinkler leakage, fire, insect or rodent infestation, or any other cause, unless such damage results from Bowman's failure to exercise the degree of care required hereby or under the law. Goods are stored at the Customer's risk of loss or damage by acts of God, seizure or other acts of civil or military authority, insurrection, riot, strike, or enemies of the government, for loss or damage resulting from inadequate packaging or wear and tear, or from any cause beyond Bowman's control. In the event of loss, damage, shortage, failure to deliver and/or misdelivery involving the goods for any cause or reason for which Bowman is legally liable, Bowman shall be responsible only to the extent of the lesser of the actual cost to repair, restore and/or replace such goods or the amount specified on the first page of this Warehouse Receipt. If the Customer has declared a higher value on the first page of this Warehouse Receipt, an excess valuation charge shall be assessed in accordance with the applicable Schedule of Rates. The Customer agrees that the foregoing shall be its exclusive remedy against Bowman for any claim or cause of action whatsoever relating to the goods or services hereunder. IN NO EVENT SHALL THE CUSTOMER BE ENTITLED TO ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR NATURE.
Insurance. The goods are not, and shall not at any time be, insured by Bowman. It is agreed that the charges assessed hereunder do not include any insurance charges.
Change of Address. Notice of any change of address of the Customer must be given by the Customer to Bowman in writing and acknowledged in writing by Bowman on the following monthly statement and no notice of any change of address shall be valid or binding against Bowman if given in any other manner.
Claims. The Customer shall notify Bowman in writing of any loss, damage, shortage, failure to deliver and/or misdelivery of goods within three (3) business days after the discovery by the Customer of such loss, damage, shortage, failure to deliver and/or misdelivery. The Customer must retain and permit Bowman to inspect the goods relating to such claim. Any lawsuit or arbitration proceeding must be commenced within nine (9) months following the date such claim arose. Failure to comply with any of the foregoing shall preclude the Customer from maintaining any claim or suit against Bowman. Any dispute or claim arising out of or for the breach of this Agreement or in connection with any goods stored hereunder, whether founded in tort or contract, shall be settled by arbitration under the arbitration laws of the jurisdiction in which the Facility is located and under the rules of the American Arbitration Association, provided, however, that upon any such arbitration, the arbitrator may not vary, modify or disregard the provisions contained herein, including those respecting the declared or agreed valuation of the goods and the limitation of liability of Bowman. The award may be entered as a judgment of a court of record in the county where the award is made. The Customer and Bowman shall share equally the cost of arbitration. Court costs shall be borne by the losing party.
Law and Forum. This Warehouse Receipt shall be construed in accordance with, and governed by, the laws of the state in which the Facility is located. Notwithstanding any provision requiring arbitration of claims, any litigation arising out of this Warehouse Receipt or performance hereunder must be filed in any state or federal court located in the state in which the Facility is located, with the substantially prevailing party entitled to recover its reasonable legal fees and costs.
Severability. Bowman's failure to insist upon the strict compliance with any provision hereof shall not constitute a waiver or estoppel of its right to demand strict compliance. If any provision hereof is found to be invalid, illegal and/or unenforceable for any reason whatsoever, the validity, legality and enforceability of the remaining provisions hereof shall remain intact.
Counterparts and Signatures. This Warehouse Receipt may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute a single instrument. Any electronic or facsimile signature to this Warehouse Receipt shall be deemed equivalent to an original signature.
Integration. The headings used in these terms and conditions are for convenience of reference only, and may not be construed so as to give any substantive meaning. This Warehouse Receipt, in conjunction with any Schedule of Rates and any Release Order issued in connection herewith, constitutes the entire agreement between Bowman and the Customer, and may not be altered or amended unless through writing signed by both parties.