All handling, plastic testing, custom packaging, and related services provided by Lastique International Corporation to the “customer” are subject to the following terms and conditions.
- Interpretation of Lastique International Corporation Terms & Conditions Document. For purposes of interpreting this document, the use of the phrase “Terms and Conditions for Storage Warehousing” refers to both the terms and conditions set forth in this document, and the terms and conditions of any agreement or contract into which these Terms and Conditions for Warehousing are incorporated. The term “Warehouse Facility” refers to the storage warehouse facility owned by Lastique International Corporation. The customer may review and inspect any Warehouse Facility where their Goods are warehoused upon reasonable written request to Lastique International Corporation.
- Acceptance. The incorporation of these Terms and Conditions for Storage Warehousing into any agreement between a Customer and Lastique International Corporation, or the act of tendering Goods for warehouse storage or other services by Lastique International Corporation constitutes acceptance by the Customer of the established terms and conditions. Any goods accepted by Lastique International Corporation will constitute “Goods” under these Terms and Conditions for Storage Warehousing.
- Shipments to the Lastique International Corporation Storage Warehouse. Customer agrees that all Goods shipped to Lastique International Corporation not using transportation services provided by Lastique International Corporation will identify the Customer on the bill of lading or pertinent contracts as the named consignee, in care of Lastique International Corporation, and will not identify Lastique International Corporation as the consignee. If, in violation of these Terms and Conditions for Storage Warehousing, items are shipped to Lastique International Corporation as named consignee on the bill of lading or other contracts, Customer agrees to immediately notify carrier in writing, with a copy of this notification to Lastique International Corporation, that Lastique International Corporation is only named as the consignee “in care of party” and does not have any sort of beneficial title or interest in the Goods. Furthermore, Lastique International Corporation maintains the right not to accept such goods and will not be liable for loss or damage of any type, to these Goods. Whether Lastique International Corporation accepts or refuses Goods shipped in violation of this requirement, the Customer agrees to compensate and hold Lastique International Corporation harmless from all claims for transportation, warehouse storage, cargo handling and any other charges relating to such goods.
- Warehouse Storage Rates and Fees. Please refer to the Lastique International Corporation Warehouse Fees and Rates.
- Tender of Goods. All Goods shall be delivered to Lastique International Corporation’s storage warehouse facility properly marked and packaged for storage warehousing and handling. The Customer shall furnish at or prior to such delivery, documentation with full details of the warehouse storage including the class of storage and any other desired services.
- Transfer or Removal of Cargo.
a.) Customer instructions to transfer goods are not considered effective until accepted by Lastique International Corporation. The customer is responsible for any fees up to the time of transfer. If a transfer involves additional handling, there will be additional fees. When Goods in storage are transferred from one party to another through issuance of a new warehouse receipt, a new storage date will be created on the date of the goods transfer.
b.) With written notification of at least 30 days, Lastique International Corporation may request removal of any storage items. If storage cargo remains at the end of the period, Lastique International Corporation can sell these goods in accordance with the law. If the goods are for some reason in poor condition, Lastique International Corporation can require removal of the goods in a period shorter than 30 days. Lastique International Corporation reserves the right to immediately remove any goods deemed dangerous or hazardous to Lastique International Corporation. - Requirements for Cargo Delivery.
a.) Except where Lastique International Corporation has been hired by the customer for order fulfillment, no goods are allowed to be delivered or transferred except upon receipt by Lastique International Corporation of customer’s complete instructions in writing. Goods can also be delivered to Lastique International Corporation with telephone instruction in accordance with a customer’s prior written consent and authorization. Lastique International Corporation will not be held responsible for any resulting loss or error.
b.) When the customer orders out goods, or engages Lastique International Corporation for order fulfillment, a reasonable time will be provided. If Lastique International Corporation for any reason is unable, Lastique International Corporation may not be held liable. Lastique International Corporation is not liable for failure to carry out such instructions and the cargo remaining in warehousing storage will remain subject to standard warehousing storage fees. - Added Fees for Supplemental Services and Minimum Fees.
a.) The customer will be charged for labor needed for services by Lastique International Corporation other than standard handling and warehouse storage. For more information, see Warehouse Fees and Rates. - Liability.
a.) Lastique International Corporation will not be liable for any loss or damage to goods stored or handled however caused unless such damage resulted from the failure by Lastique International Corporation to use appropriate care in regard to such goods as would be practical under similar conditions. Lastique International Corporation is not liable for damages that could not have otherwise been avoided with appropriate handling.
b.) Customer cargo is not insured by Lastique International Corporation against damage or loss.
c.) A customer agrees that damages are limited to the smaller of 50 cents per pound or $50 USD per warehouse storage receipt. Written requests are considered for negotiations of the above.
d.) Where damage occurs to goods, for which Lastique International Corporation is not liable, the customer is responsible for the cost of removing the content and the expense of any cleaning necessary due to the damage.
- Notice of a Claim.
a.) Any kind of claim by the customer to Lastique International Corporation must be given in writing within a sensible period of time, and no later than: Sixty days after delivery of the cargo by Lastique International Corporation, or sixty days after a customer is told by Lastique International Corporation that there has been loss or damage to the cargo.
b.) No lawsuit or other action may be maintained by the customer or others against Lastique International Corporation for loss or damage to the Goods unless a timely written claim has been given and unless action is started within 270 days following the delivery date by Lastique International Corporation or 270 days after a customer is told about the resulting damage or loss.
c.) When goods have not been delivered, notice may be given of loss or damage by mailing a certified letter to the customer. - Liability. a.) Lastique International Corporation is not liable for any loss of profit or special, indirect, or consequential damages of any type. B.) If Lastique International Corporation negligently ships items to the wrong address, Lastique International Corporation will be responsible for paying reasonable transportation charges incurred to return the goods to the right location. Lastique International Corporation will not have liability for damages due to a consignee’s use or acceptance of cargo.
- Unexplained Loss. Lastique International Corporation is liable for loss of Goods due to inventory shortage or unexplained disappearance of items only if a customer proves the loss happened due to Lastique International Corporation’s failure to use the right type of care. A 0.5% discrepancy rate is acceptable on the value of the total inventory at the time of a count of inventor. Missing cargo above this rate according to Lastique International Corporation’s records is payable by Lastique International Corporation.
- Permission for Warehouse Storage. Customer represents and warrants that Customer is lawfully possessed of the Goods and has the right and authority to store the Goods with Lastique International Corporation. Customer agrees to indemnify and hold harmless Lastique International Corporation from any kind of loss, cost and expense (including attorneys’ fees) which Lastique International Corporation incurs as a result of a dispute or litigation, whether instituted by Lastique International Corporation or someone else, respecting Customer’s right, title or interest in the Goods. Such amounts are charges specifically related to the Goods and subject to Polymer Service Technology’s lien.
- Correct Information. Customer will give Lastique International Corporation accurate and complete information about the Goods which is sufficient to allow Leman USA to comply with any laws and regulations concerning warehouse storage, handling and transportation. Customer will indemnify and hold Lastique International Corporation harmless from any and all loss, cost, penalty and expenses (including legal and attorney’s fees) which Lastique International Corporation incurs as a result of a Customer failing to completely discharge this obligation.
- Severability and Waiver. a) If any provision of these Terms and Conditions for Storage Warehousing is thought to be invalid, by court order, the remaining provisions of these Terms and Conditions for Storage Warehousing remain. b.) Lastique International Corporation’s failure to institute strict compliance with any provision of these terms does not constitute a waiver. c.) The provisions of these terms are binding for any successors and assigns of both a Customer and Lastique International Corporation, and can only be changed in writing and signed by both parties.
- Lien. Lastique International Corporation will have a general warehouse lien for any lawful charges for warehouse storage of goods. Lastique International Corporation maintains the right to require payment in advance for all charges before shipping goods, in order to establish protection for its lien.
- Documents of Title. Any kind of title documents and storage warehousing receipts may be given in electronic or paper format depending on the preference of those involved.
- Governing Law. These Terms and Conditions for Storage Warehousing and the legal relationship between the parties shall be interpreted and governed in accordance with the substantive laws of the State of Kentucky.
