Empire Container Freight Station, Inc.

Terms and Conditions

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I. Definitions

(a) “Empire” refers to Empire CFS, Inc. and their employees, agents or authorized representatives.
(b) “Customer” refers to the cargo owner and any party who has engaged the services of Empire, and their employees, agents or representatives and the cargo owner.
(c) “T&C” refers to these terms and conditions, which constitutes an agreement between Empire and Customer.

II. Acceptance

The act of tendering goods described herein for storage or other services, including but not limited to warehousing, import, export, outturn or transport by Empire shall constitute acceptance by the Customer of the terms and conditions set forth herein.

III. Shipping to Empire

Customer agrees not to ship goods to Empire as the named consignee. If, in violation of this agreement, goods are shipped to Empire as named consignee, Customer agrees to notify carrier, with copy of such notice to Empire, that Empire is a warehouse and has no beneficial title or interest in such property. Customer further agrees to indemnify and hold harmless Empire 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 its carrier as required by the preceding sentence, Empire shall have the right to refuse such goods and shall not be liable for or responsible for any loss, injury, or damage of any nature to or related to such goods.

IV. Tender of Goods to Empire

All goods shall be delivered to Empire 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.

V. 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 Empire.

VI. Transfer, Termination of Storage, Removal of Goods

(a) Instructions to transfer goods on the books of Empire are not effective until delivered to and received by Empire, 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 Empire standard rates.
(b) Empire reserves the right to move, at its expense, 14 days after notice is sent by mail, 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. Empire 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 Empire was not placed on written notice of at the time the goods were tendered to Empire, the goods are determined by Empire to be a hazard to other property, the warehouse, or persons, Empire may sell or dispose of the goods in a lawful manner.

VII. Handling

(a) The handling charge covers the ordinary labor involved in receiving goods at the warehouse door, placing goods in storage, and returning goods to the warehouse door.
(b) Unless otherwise agreed, labor for unloading and loading goods will be subject to a charge at the agreed-upon rates.
(c) Empire shall not be liable for demurrage or detention or delays in loading or unloading goods unless it fails to exercise reasonable care.

VIII. Delivery Requirements

(a) No goods shall be delivered or transferred except upon receipt by Empire of complete written instructions. Written instructions include FAX, EDI, Email, or similar communication. However, goods may be delivered on verbal instruction with prior written authorization.
(b) Empire is not liable for delays due to acts of God, war, public enemies, legal process, riots, or reasons beyond its control.

IX. Extra Services (Special Services)

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

X. Liability and Limitation of Damages

Empire is liable for damages caused by its failure to exercise reasonable care in storage, transport, or handling. Liability is limited to $0.10 per pound or $500 per shipment, unless an excess value is declared and charges paid by the Customer.

XI. Notice of Claim and Filing of Suit

Claims must be made in writing within 30 days of delivery or notification of damage. Legal action must be commenced within six months of such notice.

XII. Liability for Consequential Damages

Empire is not liable for loss of profit or special, indirect, or consequential damages of any kind.

XIII. Liability for Misshipment

If Empire negligently misships goods, it will pay reasonable transportation charges to redeliver goods, up to $500.

XIV. Mysterious Disappearance

Empire is not liable for inventory shortages or unexplained disappearance unless negligence is established.

XV. Right to Store Goods

Customers warrant lawful possession of goods and indemnify Empire from disputes regarding ownership.

XVI. Lien

Empire reserves a general warehouse lien for all lawful charges and related expenses.

XVII. Accurate Information

Customers must provide accurate and sufficient information about goods. Failure to do so indemnifies Empire from any related loss.

XVIII. Severability and Waiver

(a) If any provision is held void or unenforceable, the remaining provisions remain effective.
(b) Failure to enforce a provision does not waive the right to enforce it in the future.
(c) These terms are binding upon successors and assigns and cannot be modified without written agreement.