STANDARD TERMS & CONDITIONS
BY ACCEPTING RHC’S TRANSPORT, STORAGE AND/OR ALL OTHER SERVICES, YOU EXPRESSLY AGREE TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH BELOW. THESE TERMS AND CONDITIONS MAY LIMIT THE SCOPE OF DUTIES, LIABILITIES OR OBLIGATIONS WHICH RHC MAY ASSUME OR UNDERTAKE ABSENT SEPARATE WRITTEN AGREEMENT.
“RHC” means Red Hook Crating LLC, a limited liability company formed under the laws of the state of New York with a business address at 47-47 32nd Place, Long Island City, NY 11101.
“CUSTOMER,” “SHIPPER”, “BAILOR” is the person(s), company or organization who retains RHC to store, transport and/or perform Services upon Goods and then becomes liable to remit payment to RHC for charges incurred. Customer shall also include any person or organization that represents itself as an agent or representative of Customer and/or any direct or indirect owner of Goods in whole or in part. Customer shall ensure that any person or organization that represents itself to be an agent or representative of Customer and/or owner of Goods comply with RHC’s Terms and Conditions and that Customer shall be responsible to RHC for damages resulting from any breach of RHC’s terms and conditions by such agent or representative and shall be liable to RHC with the same effect as if Customer breached RHC’s Terms and Conditions itself.
“GOODS,” means items in whole or in part, in packed or unpacked state, including but not limited to fine and decorative arts, antiques, and household goods that are tendered to RHC for handling, placement, installation, transportation, storage, packing, crating or any and all other Services requested by Customer.
“BILL OF LADING” means the contract of carriage executed between Customer and RHC for RHC’s transport and ancillary Services with respect to the Goods.
“WAREHOUSE RECEIPT” means the non-negotiable document executed between Customer and RHC for RHC’s storage with respect to Goods.
“STORAGE AGREEMENT” means a written agreement between RHC and Customer for storage of Goods in a private room or custodial storage space within RHC’s facility.
“SERVICES” means handling, placement, transportation, storage, packing, crating or any other services Customer requests and RHC agrees to provide.
“CUSTOMS DOCUMENTATION” means any materials relating to Customs, including, but not limited to, regulations, laws, and requirements pertaining to marking, classification, licensing, transporting hazardous materials, export controls, and any other transporting, importing, or exporting requirements.
“CONSIGNEE” means the person or company who receives the Goods from RHC or RHC’s subcontractors or agents. When Goods have not been delivered, notice may be given of known loss or injury to Goods emailing Customer.
“DECLARED VALUE” is the value of the Goods declared by Customer when seeking to increase RHC’s limitation of liability which will result in a higher rate being charged for RHC’s Services.
“NVD” means no value declared with Customer consigns Goods for Services by RHC and does not declare a value for Goods; thus releasing RHC to a limitation of liability of $0.60 per pound of Goods as set forth below.
LIMITATION OF LIABILITY THE MAXIMUM LIABILITY OF RHC FOR LOSS OR DAMAGE BY ANY CAUSE IS LIMITED TO $0.60 (SIXTY CENTS) PER POUND OF GOODS AS DETERMINED BY THE ACTUAL WEIGHT OF THE UNWRAPPED GOODS, BUT IT CANNOT EXCEED THE ACTUAL LOSS. RHC SHALL NOT BE LIABLE FOR ANY CLAIM IN EXCESS OF $0.60 (SIXTY CENTS) PER POUND OF GOODS, UNLESS THE CUSTOMER DECLARES THE VALUE, PAYS AN ADDITIONAL CHARGE, AND DOCUMENTS ITS ACTUAL LOSS IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. If the space provided for Declared Value on a Bill of Lading, Warehouse Receipt, Storage Agreement, Services Agreement or any other contract with RHC is left blank, then no value is declared for Goods. Should any claim in an amount in excess of the foregoing limits of liability be asserted against RHC by any person or company for loss or damage to Goods, Customer, agrees to indemnify and hold RHC harmless as against any such claim.
APPLICABLE LAWS FOR CARRIAGE
RHC incorporates by reference all benefits, defenses and exemptions of the Carmack Amendment 49 USC §14706 to the full extent applicable, including, but not limited to RHC’s $0.60 per pound limitation of liability and the two year limitation of time to commence an action if the Carmack Amendment is applicable. To the extent that the Carriage of Goods by Sea Act (“COGSA”) or the Harter Act, 46 U.S.C. § 30701 are applicable, RHC herein incorporates by reference all benefits, defenses and exemptions of COGSA to the full extent applicable, including, but not limited to the $500 per package limitation of liability and COGSA’s one year limitation of time to commence an action. RHC also incorporates by reference all benefits, defenses and exemptions of the Convention on the Contract for International Carriage of Goods by Road (“CMR”), the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12, 1929, and that Convention as further amended by Montreal Protocol Nos. 1, 2, or 4, including, but not limited to the limitation of liability to 17 SDR per kilogram for damage to Goods and the two year limitation of time to commence actions in those Conventions. If the transport and services provided are not regulated by the above laws then the laws of the State of New York, without regard to its conflict of law rules shall apply
CONSEQUENTIAL OR SPECIAL DAMAGES Notwithstanding the foregoing, RHC is exempt from and shall not be liable for any loss or damage caused by delay, loss of revenue, income, profit, use, market, diminution of market value or utility, clean up costs, emotional distress or any other remote or consequential loss, regardless of whether such damages might have been contemplated or foreseeable at the time of contracting.
WAIVER OF SUBROGATION Customer hereby waives all rights of subrogation against RHC arising from any loss or damage to Goods to the extent such damage is covered by insurance. To the extent that the above waiver will preclude the assignment of any claim for loss of, or damage to Goods or Premises by way of subrogation to an insurance company, Customer agrees to immediately furnish its insurers with written notice of the terms of said waiver, and to have all applicable insurance policies properly endorsed, if necessary, to prevent the invalidation of said insurance coverage by reason of said waiver of subrogation. All insurance policies covering Goods that the Customer has or shall procure shall contain a waiver of subrogation in favor of RHC. Customer shall furnish RHC with all applicable insurance policies on request.
EXCLUSIONS RHC shall not be liable for: any loss or damage to goods arising from wear and tear, gradual deterioration and inherent defect or any pre-existing condition of goods; or any loss or damage to goods that: is caused by or resulting from work done in the course of any refinishing, renovation, repairing or restoring goods; is caused by ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; is caused by the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; is caused by any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; is caused by radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter; is caused by any chemical, biological, bio-chemical, or electromagnetic weapon; is directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to goods by or under the order of any government or public or local authority; is directly or indirectly caused by or contributed to or arising from the use or operation, as a means for inflicting harm, of any computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system; or is directly or indirectly caused by or contributed to or arising from an act of terrorism whether certified or not under the terrorism insurance act of 2002 as amended.
NO WARRANTIES RHC makes no warranties, express or implied as to any transport, storage or Service.
ALTERATION Only RHC employees may alter these Terms and Conditions. All conditions set forth herein are binding and cannot be modified altered or waived by any person including RHC employees, save for officers of RHC, and then only in writing and when signed by such an officer. RHC retains the right to prepare other terms and conditions and addenda as necessary.
NON-WAIVER Any failure by RHC or Customer to enforce at any time or for any period of time any term or condition of these Terms and Conditions shall not be deemed a waiver of such term or condition.
ASSIGNMENT Customer cannot assign, sublicense or otherwise part with any of its rights or obligations under these Terms and Conditions without the prior written consent of RHC. Notwithstanding the foregoing, RHC shall have the right, without the consent of Customer, to assign these Terms and Conditions to an acquiring entity in the event of a sale of all or substantially all of RHC’s assets, and the acquiring entity shall become responsible for all of RHC’s obligations hereunder.
CHOICE OF LAW AND JURISDICTION The laws of the State of New York, without regard to its conflict of law rules shall apply to all transport, storage, work and/or services performed by RHC. Customer consents to the exclusive jurisdiction of the federal and/or state courts sitting in New York City, New York and any action taken against RHC shall be brought only in said courts.
SAVINGS CLAUSE If any term or provision of these Terms and Conditions is held invalid or unenforceable, the remainder of these Terms and Conditions will remain effective.
REPRESENTATIONS & WARRANTIES Customer represents and warrants that Customer is the owner or legal custodian of Goods. Customer agrees to defend, indemnify and hold RHC harmless from and against any claims, actions, damages, fines, penalties suits or injuries which arise out of or in connection with the accuracy or validity of these Representations and Warranties.
DEFENSE, INDEMNITY AND HOLD HARMLESS Customer agrees to defend, indemnify and hold RHC harmless from and against any and all claims, actions, damages, fines, penalties suits or injuries which arise from RHC’s transportation of Goods, storage of Goods and/or services performed with respect to Goods. Customer shall pay RHC’s reasonable attorneys’ fees to handle and/or defend any litigation, arbitration, writ, petition, ticket, fine or proceeding of any kind (including defense of Subpoenas, Seizures and Warrants) relating in any way to Goods. RHC shall have the right to choose its own attorney. Customer shall defend, indemnify and hold RHC harmless from and against any and all claims, liabilities, damages, losses and judgments, including costs and expenses incident thereto, which may be suffered by or accrue against, be charged to or recoverable from RHC by reason of injury to or death of any person or by reason of injury to or destruction of Goods, from any cause including but not limited to the fault, breach of warranty or negligence of RHC, its officers, agents, subcontractors or employees and/or from the fault, breach of warranty or negligence of the Customer, its officers, agents, subcontractors or employees.
PACKING If indicated on the Services contract, RHC shall pack Goods for storage or for carriage by land, sea or air. The choice of materials used in the packing of such items shall be at RHC’s sole discretion. Customer must inform RHC of any known special packing requirements, particular faults or fragility of Goods which would affect the manner and method utilized to pack the Goods. RHC shall not be responsible or liable for any loss or damage occasioned by Customer’s failure to so notify RHC.
CUSTOMER DUTIES Customer shall obtain, at Customer’s sole cost and expense, all documents, permissions, permits and/or approvals necessary for the performance of the requested Services. Customer is responsible for the security of Goods at the premises from which any Goods are being removed and at any destination point to which RHC is contracted to deliver such Goods. Customer or its authorized representative must be present at the time of any delivery and throughout the delivery process until completed. RHC assumes no responsibility or liability for loss, theft or damage resulting from any lack of security at any pickup or delivery premises. Customer is responsible for assuring appropriate and adequate physical access to the premises to permit RHC to render the Services.
AUTHORIZATION RHC may subcontract the performance of Services to third parties and or subcontractors and Customer authorizes RHC to hire, retain and/or otherwise appoint third parties and subcontractors, including but not limited to domestic and international carriers, indirect air carriers, freight forwarders, customs brokers and/or warehousemen to perform and transact business on Customer’s behalf. Customer authorizes RHC to make, endorse and sign Bills of Lading, waybills, warehouse receipts or other documentation in connection with the transportation, storage, and/or handling of Goods on Customer’s behalf.
NOTICE OF DAMAGES, CLAIM AND FILING OF SUIT INVOLVING STORAGE AND/OR SERVICES With respect to Goods in storage and/or upon which RHC performs Services, Customer shall notify RHC in writing of all damages within twenty-four (24) hours after discovery of damage to Goods, but in no event more than three (3) days after receipt of Goods. Claims by Customer and all other persons occurring during storage and/or performance of Services (except carriage) must be presented in writing to RHC within 30 days after date of delivery by RHC. Any action or lawsuit brought against RHC involving storage or services (not including carriage of Goods) must be commenced within one (1) year of the date of delivery or the date that the damages to Goods were discovered (whichever sooner).
TRANSPORTATION AND OTHER SERVICES RHC may be retained to perform transportation, logistics and ancillary services including, but not limited to packing, crating, installation, assisting with exhibitions, special projects, assistance at art fairs, and handling container loads. Estimates provided by RHC are subject to change without notice and are not binding upon RHC. RHC may also act as an Agent for the Customer and may arrange for carriage of Goods. If Goods are not in RHC’s care, custody and control, RHC shall assume no liability as a carrier and shall not be responsible or held liable by Customer for any loss, damage, expense or delay to the Goods. RHC shall never be regarded as an Ocean Freight Forwarder, NVOCC (Non-Vessel Operating Common Carrier), Indirect or Direct Air Carrier or Customs House Broker.
TRANSPORTATION BY AIR CARRIERS Notwithstanding the above limitation of liability, if carriage performed by RHC involves air transport and an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and in most cases limit the liability of RHC in respect of loss of, damage or delay to Goods. Unless a higher value is declared, liability of RHC may be limited to US$20.00 per kilogram for carriage by air. “Warsaw Convention” means whichever of the following instruments is applicable to the contract of air carriage: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12, 1929; that Convention as further amended by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be. “Montreal Convention” means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on May 28, 1999. Air Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such air carriage is not “international carriage” as defined by the applicable Conventions. Agreed to stopping places (which may be altered by RHC or indirect or direct air carriers in case of necessity) are those places, except the place of departure and place of destination, set forth on the face of the applicable air waybills or shown in the air carrier’s timetables as scheduled stopping places for the route. Carriage to be performed by several successive air carriers is regarded as a single operation. If the abovementioned Conventions do not apply to a shipment by air, RHC’s abovementioned limitation of liability of $.60 cents per pound applies unless Customer declares a value for Goods.
NO WARRANTIES RHC makes no warranties, express or implied as to any Service, unless expressly so stated and agreed by RHC.
SUBCONTRACTORS/ROUTES RHC may engage carriers, truckers, forwarders, customs brokers, air carriers, agents, warehousemen, art handlers and/or any other transportation intermediary, as required, to transport, store, perform services on and deliver Goods. RHC has discretion in choosing the means, route and procedure to be followed in the handling, transporting, delivering and servicing Goods. The above limitations of liability apply to all work performed by RHC and its subcontractors. RHC shall not be liable or responsible for any negligence, malpractice, fault, errors or omissions in the performance of Services by any Subcontractor.
IMPORTS & EXPORTS Customer is responsible for and obligated to: ensure the accuracy of Customs Documentation and any description of Goods under RHC’s care; ensure that all Customs Documentation is accurate, adequate and complete; and know and comply with the requirements, laws and regulations of any Federal, State and/or local agencies pertaining in any way to the Goods. RHC shall not be liable or responsible for any loss, damage, delay, cost, penalty or other expense of any nature whatsoever, occasioned by or arising out of any inaccuracy, insufficiency, invalidity or inadequacy of any Customs Documentation prepared by Customer and Customer hereby agrees to defend, indemnify and hold RHC harmless from and against any claims, actions, damages, penalties, suits or injuries which arise out of or in connection with the accuracy, sufficiency or validity of any Customs Documentation prepared by Customer and proffered in good faith by RHC in the transport of Goods. RHC shall not be responsible for action taken or fines or penalties assessed by any governmental agency against Goods because of the failure of the Customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to the Customer by any such agency. Customer shall indemnify and hold RHC harmless from any claims and/or liability arising from the importation of Goods and/or any conduct of Customer which violates any Federal, state and/or other laws or regulations and indemnify and hold RHC harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to, reasonable attorney's fees, costs and expenses which RHC may hereafter incur, suffer or be required to pay by reason of such claims and/or liability.
CUSTOMS CLEARANCE RHC may not be listed as a “known shipper” on any Customs documents. It is the Customer’s duty to provide RHC with all information necessary to comply with all United States Customs and Border Protection rules, regulations and laws. All penalties incurred for non-compliance shall be the Customer’s responsibility. The Customer hereby appoints RHC as its Agent to assist with customs clearance and certifies RHC as the nominal consignee for the purpose of retaining a licensed customs broker to perform customs clearance. In some instances, local authorities may require additional documentation confirming RHC’s appointment. The Customer shall furnish such information to RHC as necessary to comply with such laws, rules and regulations. RHC assumes no liability to the Customer or any other person or party for any losses or expenses due to the Customer’s failure to comply with this provision. The Customer is responsible for all charges, including transportation charges, duties, customs assessments, governmental penalties and fines, taxes, and RHC’s attorneys’ fees and legal costs related to the Goods.
EXPORT CONTROL Customer authorizes RHC to act as Forwarding Agent for Customer for export control and customs purposes. Customer hereby certifies that all statements and information provided to RHC relating to exportation are true and correct. Furthermore, Customer understands that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements; for violation of any United States Laws on exportation, including but not limited to 13 USC §305, 22 USC §401, 18 USC §1001, and 50 USC App. 2410; or for the violation of export laws of other countries.
RHC CONDITION REPORTS RHC does not employ fine art conservators and RHC’s employees may during the normal course of business issue a condition report for the purposes of noting damages visible to the naked and untrained eye. Said condition report is made without prejudice and is not binding on RHC. RHC reserves its right to retain a fine art conservator or appraiser to inspect Goods at any time.
DAMAGE TO PREMISES RHC shall not be liable for any damage to any Premises (including real property, fixtures and/or furnishings) from which it retrieves or delivers Goods unless such loss the direct result of gross negligence on the part of RHC. In the event of such damage, RHC’s liability shall be limited to a maximum of $100.00 in the aggregate for all such alleged Premises damage. Premises shall refer to the structure, fixtures, furnishings and fittings at any location other than the facilities maintained by RHC, including but not limited to the location where the Services are being performed, the Customer’s residence or place of business, the Consignee’s residence or place of business, and or any location where RHC receives and/or delivers Goods and or performs Services.
NOTICE, CLAIMS AND FILING OF ACTIONS INVOLVING TRANSPORTATION With respect to claims for loss, damages or delay involving transportation performed by RHC, Customer shall file same in writing with RHC within nine months after the delivery and receipt of Goods, except that claims for failure to make delivery must be filed in writing within a reasonable time for delivery has elapsed. As a condition precedent to recovery, claims for loss, damage or delay during transit must be filed in writing with RHC in accordance with the provisions of the claim filing regulations of the Federal Motor Safety Administration set forth in 49 C.F.R § 70, which regulations are expressly incorporated herein by reference in their entirety. Suits for loss, damage, injury or delay for transportation of Goods must be commenced against RHC no later than two years from the day when delivery was made (unless the Carriage of Goods by Sea Act (“COGSA”) applies to the shipment and then COGSA’s one year limitation of time to file suit shall apply). Suits for loss, damage, injury or delay for transportation of Goods by air carrier must be commenced against RHC no later than two years from the day when delivery was made by the air carrier. Payment of any claim shall be subject to proof of actual damages suffered. The Consignee must hold the packaging(s), shipping container(s) and its contents in the same condition they were in when damage was discovered. No claims for loss or damage shall be entertained until all of RHC’s charges have been paid in full. The amount of the claim may not be deducted from the total due and payable charges.
STORAGE RHC shall store Goods in general storage in its warehouse, or if requested in writing by Customer, in space that is reserved solely for Customer. Customer shall complete a new Warehouse Receipt for each and every item of Goods brought to RHC for storage. Declared value, if any, must be listed on the Warehouse Receipt or attached schedules at the time that Goods are tendered to RHC. If no value is declared, Customer shall release Goods with RHC’s maximum liability for Goods being $0.60 per pound, unless otherwise provided in these Terms and Conditions. RHC shall provide building security and electricity for lighting at RHC. Climate control will be provided if requested by Customer in writing (an additional charge will apply if Customer requires climate control).
TERM FOR STORAGE The terms of storage shall be set forth in a Storage Agreement and Warehouse Receipt. Absent such a written agreement, storage for Goods is provided by RHC on a month to month basis at RHC’s prevailing rate. The month to month terms will automatically renew, unless terminated by Customer or RHC, in writing on thirty (30) days written notice, which notice shall state the date of termination. An acknowledgement of the notice of termination is required.
DEPOSIT Customer shall pay, as part of its first storage invoice, a charge for the first month storage fee, plus a deposit to be determined at the time of the estimate.
DANGEROUS AND/OR HAZARDOUS GOODS Goods tendered to RHC may not contain dangerous, hazardous, odoriferous, radioactive, or leaking substances or any substance or material that is capable of contaminating or damaging RHC or RHC’s other Customers’ Goods. Should Goods cause damage or loss to RHC or to any of RHC’s other Customers’ Goods, Customer shall defend and indemnify RHC with respect to all claims made against it for such damage.
ACCESS If Customer has reserved private space within RHC’s warehouse, Customer shall be permitted access to Customer’s reserved space during RHC’s regular business hours, from 9:00 am to 5:00 pm, Monday through Friday, except public holidays. Upon request and RHC’s written approval, Customer may be permitted access before or after business hours, subject to an additional charge.
TITLE TO GOODS Customer may only store Goods that Customer has the legal right to store. RHC shall rely upon the representation from the Customer that Customer is storing only Goods which it has the legal right to store and that Goods are free and clear of all superior liens.
ACCEPTANCE OF GOODS Goods are accepted by RHC in apparent good order and condition (except as noted otherwise). Goods may not be inspected by RHC and RHC undertakes to handle, store and deliver Goods in the packages in which Goods were originally received by RHC. RHC’s art handlers may, during the normal course of business, issue a condition report for the purpose of noting damages visible to the naked and untrained eye; such condition report is not binding on RHC.
DEFAULT AND REMEDY / WAREHOUSEMAN’S LIEN UCC and NY CLS UCC §§ 7-209 and 7-210 apply to all storage. Pursuant to these statutes, RHC shall have a lien on all Goods of Customer held at RHC or charges due, and for expenses necessary and reasonably incurred for the protection of any monies due RHC. This lien is superior to any other lien or security interest and is effective as of the date Goods are brought to RHC. RHC has this lien in full force and effect should Customer have any of the following occur: failure to pay accrued charges; abandonment; and/or failure to comply with RHC’s Warehouse Receipt, Bill of Lading, Occupancy Agreement, Services Agreement and these Terms and Conditions which are incorporated herein by reference. If Customer is in default of any provision herein, or fails to pay charges when due, RHC, (in addition to all other rights and remedies as provided by law, at RHC’s option or if RHC after giving ten (10) days written notice to Customer (which notice shall be deemed to be given by RHC by mailing same, postage prepaid, at the last known address of Customer)) may make any demand or give any notice as may be required by law. Should Customer fail to comply with such demand or notice within the time required by law if any, RHC may declare these Terms and Conditions terminated. (b) RHC shall have the right to refuse access to Customer’s space. (c) RHC shall have the right to overlock and/or remove Customer’s lock on the door of the space (if applicable). There is no requirement that RHC provide notice in order to avail these self-help measures which Customer agrees are valid and reasonable. (d) RHC shall have the right, but not the duty to inventory Goods and charge Customer for the reasonable cost of taking the inventory. (e) RHC shall have the right to dispose of or sell Goods contained in the space to any person by public or private sale in block or in parcels, at any time or place, and on any terms which are commercially reasonable, pursuant to Uniform Commercial Code and NYS CLS UCC §§7-209 and 7-210. RHC shall apply the proceeds of such a sale only to Customer’s indebtedness to RHC and shall hold any proceeds over and above, if any, the amount owed by the Customer to RHC in account for the benefit of Customer. Upon written demand, the excess, if any, shall be returned to Customer without interest. RHC shall hold such proceeds for a period not to exceed two years, and it is specifically understood that the proceeds of such sale shall first pay for the costs of sale and subsequent to the costs of sale, the payment of all charges. Customer agrees to pay all costs and expenses, including reasonable attorneys’ fees, and service and processing charges of RHC in enforcing any term of these Terms and Conditions.
GENERAL LIEN Notwithstanding the abovementioned warehouseman’s lien, RHC shall also have a general lien on Goods, either in its actual or constructive possession, custody or control or en route, for all sums due at any time from Customer for services, and shall be entitled to sell or dispose of such Goods as Agent for and at the expense of Customer and apply the proceeds in or towards the payment of such sums on 30 days notice in writing to Customer and in accordance with the applicable law. Customer shall notify all parties having an interest in its Goods of RHC’s rights and/or exercise of such lien. Any surplus from such sale shall be transmitted to the Customer, and Customer shall be liable for any deficiency in the sale.
TRANSFER, TERMINATION OF STORAGE, REMOVAL OF GOODS RHC reserves the right to move any Goods within RHC’s facility. RHC may, upon 30 days written notice to the Customer and/or any other person known by RHC to claim an interest in Goods, require the removal of any Goods by the end of the 30 day notice period. If Goods are not removed before the end of the 30 day notice period, RHC may sell Goods. If RHC believes that Goods may deteriorate or decline in value to less than the amount of Warehouse’s lien before the end of the 30 day notice period, RHC may specify in the notification any reasonable shorter time for removal of Goods and in case Goods are not removed, may sell Goods at public sale held one week after a single advertisement or posting as provided by law. If RHC after a reasonable effort is unable to sell Goods, it may dispose of it in any lawful manner and shall incur no liability by reason of such disposition. Pending such disposition, sale or return of Goods, RHC may remove Goods from RHC’s facility and shall incur no liability relating to its removal.
RATES Customer shall pay charges pursuant to RHC’s current rates (per RHC’s effective Rate Sheet (available upon request). Customer shall remit charges in advance for the month. Invoices may be sent to Customer; however, Customer agrees that all charges shall be paid on time without request or demand by RHC. The charges are due on the first day of each calendar month. The monthly charges shall increase by 4% per annum for the commencement date. (Rounded to the nearest penny.). Rates for services, handling and storage are quoted subject to change at any time by written notice from RHC to Customer. Such changes are to be effective at the end of the month next succeeding the month in which notice is mailed by RHC.
RECEIPT / ACCEPTANCE WITHOUT NOTATION Receipt of Goods by Customer or any third party without written notation of damage (i.e., on the applicable Bills of Lading, Service Agreement, Warehouse Receipts or any other document received from RHC) shall be prima facie evidence that Goods were delivered by RHC in good order and condition.
RIGHT TO INSPECT Notwithstanding anything to the contrary hereinabove, in the interests of health, safety and security, RHC reserves the right to open or inspect any packages, boxes and/or goods and to properly and immediately dispose of any materials, goods, or objects which pose a risk or threat to the health, safety, welfare or security of RHC personnel or third parties or which RHC reasonably and in good faith believes poses a threat to health, safety welfare or security of personnel or third parties. Customer agrees to waive any claim and to hold RHC harmless from and against any loss, damage, cost or expense associated with the disposition of such materials, goods or objects.
DELIVERY AND REMOVAL Customer shall provide RHC with prior written notice of each delivery and removal of Goods within one business day. If Customer fails to notify RHC within one business day of delivery, RHC shall have the right to refuse Goods and shall not be liable for loss or damage to Goods.
ALTERATION AND ABANDONMENT Customer shall make no alterations to RHC’s facility without RHC’s prior written approval. Damage to RHC’s facilities or violations of the Terms and Conditions shall constitute default. If Customer vacates RHC, the space shall be deemed abandoned. Abandonment shall constitute voluntary termination of any agreement with RHC. Customer agrees that by its abandonment it shall remain responsible for all charges due hereunder through the date of termination.
RELEASE OF GOODS Unless Customer is in default of its payment obligations to RHC, RHC shall release any or all Goods in storage and in accordance with Customer’s written instructions. Customer shall give RHC reasonable prior written notice of each delivery or removal of Goods. Any delivery or removal of Goods at a time other than during RHC’s regular business hours may be subject to additional charges.