CONDITION 1 RELEASE OF CLAIMS AGAINST i to i logistics
i to i logistics inc. shall not be liable to the client for, and the client releases i to i logistics from, any claims in respect to any injury, death, loss or damage to person or property arising out of the use or occupancy of the facility by the client due to any cause, including fire, explosion, theft, vandalism, wind or water damage, escape of any dangerous or noxious substance, any defect now, or subsequently created or discovered in the facility or acts or omissions of any third party, regardless of whether such loss or damage may be caused or contributed to by negligence of i to i logistics Inc, its employees or agents.
CONDITION 2 RECORDS
i to i logistics Inc shall keep, for a period of two (2) years after the termination of this agreement, all records and accounts pertaining to the performance of the agreement. The client shall be permitted to have access to the i to i logistics facility for the purpose of inspection of the goods.
CONDITION 3 TITLE
It is acknowledged and agreed that title on the goods shall at all times remain the sole property of the client until such time as the goods or any portion thereof shall have been delivered to their final destination.
CONDITION 4 COMPLIANCE AND REPORTS
i to i logistics Inc agrees to comply with all laws, regulations, rules and orders applicable to the observance or performance of its obligations under this agreement. i to i logistics Inc agrees that all financial information, including statements and reports rendered to the client under this agreement shall properly reflect the facts of all activities and transactions carried out for the client, and may be relied on as being complete and accurate.
CONDITION 5 INSURANCE
1) The client should obtain coverage for fire and theft. The responsibility of i to i logistics for client’s goods is strictly limited to exercising the reasonable care and diligence as required by statute. All of i to i logistics other obligations, undertakings, covenants, representations, warranties and conditions, are excluded, unless they are expressly agreed to in writing by an authorized representative of i to i logistics.
2) Except as provided in section (1) above, client’s goods are stored at the clients exclusive risk of loss, damage or delay in delivery whatsoever, including, without limitation, loss, damage or delay caused through (a) any action or failure to act beyond the reasonable control of i to i logistics, (b) insufficient protection (such as by or arising from insufficient cooperage, boxing, crating or other packaging). (c) inherent defects, (d) concealed damage, (e) ordinary wear and tear in handling (f) depreciation or perishing by elapse of time (g) leakage or failure to detect same, (h) theft, (i) sprinkler or other water damage, (k) fire, (l) clients lack of taking special care or precaution, (m) clients inaccuracies in identifying its goods, their address or description, or (n) clients obliteration or failure to place marks or numbers on its goods. The client must pay all charges under this agreement on goods lost or damaged in a manner covered by this section (2).
3) The liability of i to i logistics with respect to the client’s goods is limited to the lesser of the monetary amount of the damage incurred or $100.00 per shipping or stocking unit.
4) The quality, condition, contents and value of goods stored are not known by the client in writing from time to time.
5) Charges of warehouse under this agreement do not include insurance. The goods covered by this agreement are not insured by i to i logistics except that warehouse may insure its risk for its responsibility set out in section (1) above and the client is strongly encouraged to insure the goods against all other risks.
6) i to i logistics shall not be liable for any claim by the client with respect to the goods unless such claim is made in writing (together with detailed particulars thereof) within five (5) business days after the client learns of the loss, damage, or destruction of the goods.
CONDITION 6 CONFIDENTIALITY
i to i logistics Inc agrees that all confidential information supplied to it by the client concerning the client, its customers and its business shall remain the sole property of the client, shall be provided solely to assist i to i logistics Inc in carrying out its services under this agreement. This confidential information may not be used by i to i logistics Inc for any purpose unless authorized by written consent of the client. i to i logistics Inc and its employees shall keep all such confidential information in confidence, trust and secrecy and shall not disclose any such information to any person, during and after this agreement. i to i logistics Inc shall return all documents, data, studies, secret processes, marketing strategies, statistics, records or other forms of tangible information obtained from the client and all copies thereof upon written request.
CONDITION 7 INVOICE TERMS
Our terms are net 15 days from date of invoice. Late payment charges of 1%, per 15 day billing cycle on amounts over $100.00, will be applied to all amounts outstanding beyond 15 days.
CONDITION 8 INDEMNITIES
Each of the parties hereto covenants to indemnify and hold harmless the other against & from any & all damages, losses and costs (including lawyer’s fees on a solicitor and his own client basis) suffered or incurred by the latter party as a result of any breach of this agreement by the first mentioned party limited to the cost of the goods.
CONDITION 9 NON-EMPLOYEES
i to i logistics Inc acknowledges and agrees that none of its staff, employees, officers, directors or shareholders shall at any time be deemed to be employees of the client. i to i logistics Inc shall be solely responsible for all payments in respect of its staff and employees.
CONDITION 10 NON-ASSIGNMENTS
i to i logistics Inc shall not assign or subcontract any of the services or obligations under this agreement without prior written approval of the client, excluding transport.
CONDITION 11 NOTICES
Any notice or other written matter required or permitted to be given hereunder by one party to the other party shall be deemed to be sufficiently given if mailed in Canada by registered or certified mail, postage prepaid, and addresses to other party at its address first above written or at such other address of which either party may have given notice to the other party in the manner herein provided, and any such notice or other written matter, mailed as aforesaid, shall be deemed to have been given and received on the third business day following the date of mailing.
CONDITION 12 FURTHER REMEDIES UPON DEFAULT
In addition to any other remedies, i to i logistics Inc in its sole discretion, considers it necessary to deny access until the client default is cured or the contents are disposed of by i to i logistics Inc in the manner provided herein. Any actions pursuant to this agreement in inspecting the contents or removing some or all of the contents will not constitute a termination or forfeiture of this agreement by i to i logistics Inc. Before disposing of the contents of the premises or part of them, i to i logistics Inc will mail to the client, a written notice that i to i logistics Inc may dispose of any property in the facility following the expiration of ten (10) calendar days from the date of the notice is deemed to have been received hereunder. After such notice period has expired, i to i logistics Inc may seize and dispose of the contents of the facility or part of them at a public or private sale conducted on such terms as i to i logistics Inc in its sole discretion deems fit. The proceeds of any such sale will be applied (i) first to the cost of such sale (ii) second to the payment of arrears and other charges which are then due to i to i logistics Inc from the client under the terms of this agreement. Any balance still outstanding will become immediately due and payable. If there is any excess from the sale, i to i logistics Inc shall give the client written notice that i to i logistics Inc holds the excess funds without interest, for the client. Upon the client making demand for the excess and giving i to i logistics Inc a written receipt and release in such format as required by i to i logistics Inc, the excess funds will be released to the client. The full extent permitted by law, waives any right he may have pursuant to the rent distress act R.S.B.C. 1979, s. 362 as amended time to time. The client further agrees that i to i logistics Inc may terminate this agreement at any time upon any default by the client and giving the client written notice of that effect.
CONDITION 13 NON-SUFFICIENT CHARGES
i to i logistics Inc. will levy a $35.00 charge for every NSF cheque.
CONDITION 14 PAYMENT METHODS
i to i logistics Inc will accept Check only as a method of payment.
CONDITION 15 TERMINATION FOR NON-PAYMENT
i to i logistics Inc reserves the right to suspend service should a customer’s account have an unpaid balance greater than 60 days.