Terms & Conditions
IMPERIAL means Imperial CFS, Inc. and their employees, agents or authorized representatives. Customer means the cargo owner and any party who has engaged the services of IMPERIAL, and their employees, agents or representatives and the cargo owner.
The act of tendering goods described herein for storage or other services, including but not limited to warehousing, import, export, outturn or transport by IMPERIAL shall constitute acceptance by the customer of the terms and conditions set forth herein.
(2) SHIPPING TO IMPERIAL
Customer agrees not to ship goods to IMPERIAL as the named consignee. If, in violation of this agreement, goods are shipped to IMPERIAL as named consignee, Customer agrees to notify carrier, with copy of such notice to IMPERIAL, that IMPERIAL is a warehouse and has no beneficial title or interest in such property. Customer further agrees to indemnify and hold harmless IMPERIAL from any and all claims for unpaid transportation charges, including undercharges, demurrage, detention or charges of any nature, in connection with goods so shipped. Customer further agrees that, if it fails to notify carrier as required by the preceding sentence, IMP shall have the right to refuse such goods and shall not be liable or responsible for any loss, injury, or damage of any nature to or related to, such goods.
(3) TENDER OF GOODS TO IMPERIAL
All goods shall be delivered to IMPERIAL marked and packaged for handling. The Customer shall furnish at or prior to such delivery, a manifest showing marks, brands, or sizes to be kept and accounted for separately, and the class of storage and other services desired.
(4) STORAGE PERIOD AND CHARGES
Storage charges are billed in advance on the first day of each month. All other charges will be billed in accordance with the customary practice of IMPERIAL.
(5) TRANSFER, TERMINATION OF STORAGE, REMOVAL OF GOODS
(a) Instructions to transfer goods on the books of IMPERIAL are not effective until delivered to and received by IMPERIAL, and all charges up to the time transfer is made are chargeable to the Customer of record. If a transfer involves rehandling the goods, such rehandling
will be subject to a charge at IMPERIAL standard rates.
(b) IMPERIAL reserves the right to move, at its expense, 14 days after notice is sent by mail, or facsimile or electronic mail to the Customer of record, any goods in storage from the warehouse in which they may be stored to any other of its warehouses. IMPERIAL will store the
goods at, and may without notice move the goods within and between, any one or more of the warehouse buildings which comprise its warehouse complex.
(c) If as a result of a quality or condition of the goods which IMPERIAL was not placed on written notice of at the time the goods were tendered to IMPERIAL, the goods are determined by IMPERIAL to be a hazard to other property or to the warehouse or to persons,
IMPERIAL may sell the goods at public or private sale, without advertisement on reasonable notification to all persons known to claim an interest in the goods. The sale will not occur until at least fifteen (15) days after notice to Customer, unless the goods are perishable. If the goods are perishable the sale may occur immediately upon notice to the Customer. If IMPERIAL, after a reasonable effort is unable to sell the goods, or can not complete a sale, it may dispose of them in any lawful manner and shall incur no liability by reason of such disposition. Pending such disposition, sale, or return of the goods, IMPERIAL may remove the goods from the warehouse and shall incur
no liability by reason of such removal.
(d) Customer agrees that when IMPERIAL releases goods to Customer or its authorized representative, including any common carrier or bailee engaged by Customer, that IMPERIAL will have no further obligation or responsibility to Customer or for the goods. A signed receipt to IMPERIAL without exception as to loss or damage shall be conclusive evidence that the goods were not lost or damaged while in the possession of IMPERIAL.
(a) The handling charge covers the ordinary labor involved in receiving goods at warehouse door, placing goods in storage, and returning goods to warehouse door.
(b) Unless otherwise agreed, labor for unloading and loading goods will be subject to a charge at the agreed upon rates. Additional expenses incurred by IMPERIAL in receiving and handling 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 of IMPERIAL.
(c) IMPERIAL 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 for outbound shipment unless IMP has failed to exercise reasonable care.