SECTION II - WAREHOUSE - RULES AND REGULATIONS

 

 

TENDER FOR STORAGE

Issued: 10/15/77

Effective: 11/1/77

Item: 101

(a)

All merchandise for storage shall be delivered at the warehouse properly packaged and marked for handling. The storer shall furnish at or prior to such delivery, a manifest showing marks, brands, or sizes to be kept and accounted for separately; otherwise the merchandise shall be placed in storage unassorted and will be charged for accordingly.

(b)

The word "lot" as used herein means the unit or units of merchandise for which a separate account is to be kept by the warehouseman. Delivery of any or all units of a lot shall be made without subsequent sorting except when requested by the storer and subject to a charge.

(c)

The warehouseman undertakes to store and deliver merchandise only in the original package in which received.

(d)

The warehouseman shall not be required to accept for storage any commodity which will affect the rate of insurance on other merchandise in storage.

(e)

The warehouseman reserves the right to move, at his own expense and upon notice sent by mail to the storer of record, merchandise in any room of the warehouse to another room in said warehouse.

 

 

 

STORAGE PERIOD

Issued: 10/15/77

Effective: 11/1/77

Item: 102

(a)

Except as otherwise provided, rates are based on the first-of-month balance system. The first month's storage will be assessed on the date the first portion of a lot is received. Merchandise remaining in the warehouse on the first day of the following month will be assessed the applicable monthly charge as noted herein. (See Exception)

EXCEPTION: Merchandise received at the warehouse on or after the 25th day of any month will not be charged until the first of the following month, provided the merchandise remains on hand that next month.

(b)

Merchandise may be stored on a month to month basis at Warehouseman's option. A storage month shall extend from a date in one calendar month to, but not including, the same date of the next and all succeeding calendar months, but if there be no corresponding date in the next succeeding calendar month it shall extend to and include the last day

of that month.

(c)

Unless otherwise provided, the warehouseman may, upon written notice to the storer of record and to any other person who has notified the warehouseman in writing that he claims an interest in the merchandise, require the removal of any merchandise by the end of the next succeeding storage month. Such notice shall be given by delivery in person or by registered letter addressed to the last known place of business or abode of the person or persons to be notified.

 

 

 

APPLICATION OF RATES

Issued: 10/15/77

Effective: 11/1/77

Item: 103

(a)

Rates named in this tariff apply only to commodities accepted by the warehouseman subject to prior storage arrangements, and of character and condition, and in packages permitting storage and handling under reasonable warehousing conditions, and subject to availability of suitable

warehouse space.

(b)

All charges for storage are on a month to month basis unless otherwise provided. Charges for any particular lot shall begin at the receipt of the first unit of that particular lot in store and shall continue and include the storage month during which the last unit of the particular lot is delivered. All charges for storage are due on the first day of a storage month and all other charges are due when incurred.

(c)

Goods are not insured nor do storage rates include insurance unless so specified in writing.

(d)

At warehouseman's option contract storage agreements may be negotiated between the Warehouseman and individual storers, subject to Rules 114 and 115 covering Liability and Warehousemen's Responsibility, and Valuable Merchandise.

(e)

Except as otherwise provided in this tariff, Warehouse Rates for Storage, Handling, and Accessorial Services will be quoted upon request, and shall be based upon type of cargo involved, services required, and level of wages prevailing at time of quotation.

 

 

 

HANDLING

Issued: 10/15/77

Effective: 11/1/77

Item: 104

(a)

Handling charges cover the ordinary labor and duties incidental to receiving goods at warehouse door, stowing and delivering to warehouse door, but do not include unloading or loading of cars, vehicles or vessels, unless so specified. Handling charges will be billed with the storage for the first month.

(b)

Goods, at the request of a storer, received or delivered during other than usual business hours will be subject to an additional charge.

 

 

 

CAR UNLOADING AND LOADING

Issued: 5/31/85

Effective: 7/1/85

Item: 105

(a)

Charges for unloading or loading of cars include use of switch track, labor required to or from warehouse door, and billing of car.

(b)

Dunnage and fastenings supplied by the warehouseman and used in loading out cars are chargeable to the storer.

(c)

Any additional costs incurred by the warehouseman in unloading cars containing damaged goods are chargeable to the storer.

(d)

The warehouseman, unless he has failed to exercise due care and diligence, shall not be responsible for demurrage, nor for delays in unloading inbound cars, nor for delays in obtaining cars for outbound shipments.

(e)

For "rates, charges, rules and regulations for car loading, car unloading and services" apply Section V, Port of Stockton Terminal Tariff No. 5.

 

 

 

DELIVERY REQUIREMENTS

Issued: 5/31/85

Effective: 7/1/85

Item: 106

(a)

No merchandise shall be delivered except upon receipt by the warehouseman of complete written instruction properly signed by the storer, except that emergency telephone orders may be accepted, in which case written confirmation shall be furnished promptly. Such delivery orders should be presented sufficiently in advance of the closing hour to permit completed delivery by such time.

(b)

When a negotiable receipt has been issued, no merchandise covered by that receipt shall be delivered unless the receipt, properly indorsed, is surrendered for cancellation or for indorsement of partial delivery thereon.

(c)

When merchandise is ordered out, a reasonable time shall be given the warehouseman to carry out instructions, and if he is unable, due to causes beyond his control, to effect delivery before expiring storage dates, the merchandise will be subject to charges for another storage month; except when the warehouseman has given notice in accordance with the provisions of item 102, or because of fire, acts of God, war, public enemies, seizure under legal process, strikes or lockouts, riots and civil commotions, if he is unable, due to causes beyond his control, to effect delivery before the expiring storage date, the merchandise shall be subject to storage charges only for the part of the month during which the merchandise remains in storage.

 

 

 

COLLECTION OF CHARGES

Issued: 7/12/99

Effective: 8/12/99

Item: 107

Storage charges accrue at the beginning of the month's term and the charge for handling accrues with the first month's storage charge; all charges for storage or other services are due and payable as they accrue, but bills may be rendered and collected monthly.

 

 

 

MINIMUM CHARGE

Issued: 6/1/11

Effective: 7/1/11

Item: 108

The minimum charge under this tariff will be $107.00 per invoice.

 

 

 

INSURANCE

Issued: 7/12/99

Effective: 8/12/99

Item: 109

Rates named herein do not include fire or other insurance. Merchandise in warehouse is not insured by warehouseman, unless depositor gives written order to do so, stating amount and kind of insurance desired, and such insurance will be charged to the storer at cost.

 

 

 

WAREHOUSE HOURS

Issued: 7/12/99

Effective: 8/12/99

Item: 110

The warehouse will be open for receipt and delivery of merchandise between the hours of 8 A.M. and 5 P.M., Mondays through Fridays, except Holidays. When merchandise is received or delivered at other than regular business hours, an additional charge shall be made.

 

 

 

TRANSFER OF STORAGE ACCOUNT

Issued: 7/12/99

Effective: 8/12/99

Item: 111

No merchandise shall be transferred on the books of the warehouseman until written instructions are delivered to and accepted by him and all charges up to time of transfer are chargeable to storer of record. A new storage date will commence at date of transfer. When a negotiable receipt has been issued no merchandise covered by that receipt shall be transferred unless the receipt, properly endorsed, is surrendered for cancellation or for endorsement or transfer.

 

 

 

GROSS WEIGHTS AND MEASUREMENTS

Issued: 10/15/77

Effective: 11/1/77

Item: 112

(a)

Where rates are named by weight or measurement, they will be computed on the gross weight or the extreme dimensions of all sides of the package.

(b)

In arriving at the outside cubic measurement, the extreme dimensions of all sides of the package will be used, as follows:

Shape of Package or Unit Method of Computation

Cylindrical Square of the diameter times the height.

Conical or irregular Square of the largest

cylindrical diameter times the height.

All other Height times depth times

width, using the largest

measurement for each factor.

(c)

When the outside measurement of a package embraces fractions of an inch, such fractions will be disposed of as follows:

Where but one fraction exists considering all dimensions of the package, less than one-half inch will be dropped and one-half inch or over will be increased to a full inch; where there are two fractions on two dimensions, the fraction on the longer dimension will be added to the fraction on the smaller dimension and that result treated as though one fraction. Where there are three fractions on three dimensions, the ones on the smallest and largest dimension will be increased to a full inch and the other dropped.

 

 

 

EXTRA SERVICES SUBJECT TO CHARGE

Issued: 10/15/77

Effective: 11/1/77

Item: 113

(a)

Extra services in the interest of the storer, such as special warehouse space, material, drayage, repairing, coopering, assorting, sampling, weighing, repiling, inspection, physical warehouse checking, compiling stock statements, collections, revenue stamps, reporting marked weights or numbers, handling railroad expense bills, etc., are chargeable to the storer.

(b)

Shipping includes marking, tagging, billing, procuring and forwarding bills of lading, and is chargeable to the storer.

(c)

Freight and other disbursements made on behalf of the storer, and charges therefor are due and payable on demand.

(d)

Storers may, subject to insurance regulations and reasonable limitations, have access to their merchandise in storage when accompanied by a warehouse employee whose time will be charged to the storer.

(e)

Storers shall be allowed to have access to warehouse to work on goods in storage only when accompanied by a regular warehouse employee whose time will be charged to the storer. The warehouse employee will, if requested, assist in the work to be done.

 

 

 

LIABILITY AND WAREHOUSEMEN'S RESPONSIBILITY

Issued: 10/15/77

Effective: 11/1/77

Item: 114

(a)

LIABILITY - The responsibility of a warehouseman, in the absence of written provisions, is the reasonable care and diligence required by law.

(b)

Perishable goods, or goods which are susceptible to damage through temperature changes or other causes incident to general storage, are accepted in general storage only at owner's risk for such damages as might result from general storage conditions.

(c)

RESPONSIBILITY, LOSS AND DAMAGE - Warehousemen are not responsible for loss or damage caused by fires (from any cause) frost or change of weather, riots, strikes, insurrections, earthquakes, or from inherent or perishable qualities of the merchandise, or other causes beyond their control; and are not responsible for loss or damage caused by leakage, pilferage, ratage, sprinkler leakage, theft, vermin or water, unless such loss or damage be caused by the failure of the warehousemen to exercise the ordinary care and diligence required of them by law. As a condition of storage, the failure of warehouseman to deliver goods to any person entitled thereto shall not constitute a conversion of goods nor subject warehouseman to any liability whatsoever when such non-delivery results from causes arising from strikes, lockouts, work stoppages, or restraints of labor, from whatever cause.

The warehouse will not be responsible for loss or damage occasioned by any misunderstanding of orders or instructions received or taken by telephone.

As a condition precedent to recovery, claims for loss or damage must be made in writing within thirty days after the merchandise is delivered from warehouse, or, in the case of failure to make delivery, then within thirty days after delivery of the last package of the lot in warehouseman's

apparent possession.

(d)

HAZARDOUS COMMODITIES - The warehouse will not be required to accept for storage any commodity that will affect the rate of insurance on other merchandise in storage.

Where reference is made hereto by any rate item, the product will not be stored except in warehouses that are unrestricted from acceptance of any commodity for storage under the insurance rate established on contents stored therein.

(e)

INSURANCE - Rates named herein do not include fire or other insurance. Merchandise in warehouse is not insured by warehouseman unless depositor gives written order to do so, stating amount and kind of insurance desired.

(f)

OPEN PACKAGES - Where goods are accepted in open packages or where original packages are broken for partial delivery storage is at owner's risk of loss or damage.

 

 

 

VALUABLE MERCHANDISE

Issued: 10/15/77

Effective: 11/1/77

Item: 115

(a)

For the purpose of fixing the maximum limit of the warehouseman's liability for loss of or damage to merchandise, the value of the merchandise shall be conclusively presumed to be not in excess of 25 cents per pound (including all Government duties and excise taxes), unless a greater value shall be declared as hereinafter provided. At the time the merchandise is offered for storage, the storer, subject to the provisions of Part (b) hereof may declare in writing a value greater than 25 cents per pound, and in the event such declaration is made the value of the merchandise shall be conclusively presumed to be not in excess of the value so declared. In no case shall the warehouseman's liability exceed the actual value of the merchandise.

The limit of liability as provided in this rule shall apply separately and proportionately to each part of the stored merchandise and the liability, if any, for any partial loss of, or damage to, any part thereof shall be limited to such portion of the actual loss or damage as shall be proportionate to the limitation of liability as herein provided with respect to such part.

(b)

In the event that storer elects to declare the value of merchandise to be in excess of 25 cents per pound as provided in Part (a) hereof, the storage rate or minimum charge applicable thereto will be subject to an additional

charge per month equal in amount to 1/4 of one percent of the excess value so declared, except as otherwise provided in individual rate items.

Where the value of merchandise changes after storer's original declaration, it will be incumbent upon storer to declare a new value in writing in order to obtain a revision of charges under this rule.

 

 

 

SUPPLIES AND MATERIALS FURNISHED

Issued: 10/15/77

Effective: 11/1/77

Item: 116

When the warehouseman furnishes material to storers, such as lumber, packing materials, sacks, twine, etc., the charge therefor shall be the actual cost to the warehouse man for such material furnished.

 

 

 

NEGOTIABLE WAREHOUSE RECEIPTS

Issued: 10/15/77

Effective: 11/1/77

Item: 117

Where storer requests negotiable warehouse receipt an extra charge will be made for such receipt.

 

 

 

COLLECTIONS OF MONEY ON BEHALF OF STORER

Issued: 10/15/77

Effective: 11/1/77

Item: 118

A charge will be made when the warehouseman is requested to make collections for the account of the storer. Where customers' checks are accepted in lieu of cash, the warehouseman will assume no responsibility for the validity of such checks and shall be reimbursed by the storer for any losses sustained from such transactions.

 

 

 

CHANGE IN SCHEDULE CHARGES

Issued: 10/15/77

Effective: 11/1/77

Item: 119

The rates, charges, rules and regulations named in this tariff and additions, revisions, or supplements thereto shall apply on all merchandise delivered to or from the warehouse on and after the effective date of this tariff or the effective dates of additions, revisions, or supplements thereto.

 

 

 

TELEPHONE SERVICE

Issued: 10/15/77

Effective: 11/1/77

Item: 120

No free telephone service shall be given to any warehouse customer, or any telephone service at less than the amounts charged the warehouse for the service rendered. The foregoing rule shall not preclude a warehouseman from allowing incidental or casual calls over the phone without charging therefor.

 

 

 

SPECIAL OR EXTRA SERVICE

Issued: 4/30/94

Effective: 6/1/98

Item: 121

Labor furnished during regular hours for special services, not otherwise provided for, and labor furnished as requested during overtime hours will be charged per item No. 201 of this tariff.

 

 

 

RENTAL OF WAREHOUSE EQUIPMENT

Issued: 4/30/94

Effective: 6/1/98

Item: 122

When warehouse equipment is rented to draymen, storers or others for the loading, unloading or other handling of goods a charge will be made per item No. 202 of this tariff. It will be at the option of the warehouseman to supply the operator, and when supplied an extra charge for his time will be made in accordance with item No. 201.

 

 

 

PACKAGE PLAN RATES

Issued: 4/30/94

Effective: 6/1/98

Item: 123

Item cancelled.

 

 


Port of Stockton 
P.O. Box 2089
Stockton, CA 95201
Phone: (209) 946-0246
Fax: (209) 466-5986

Port Director Richard Aschieris

 

Accounts Manager
Jill McAuliffe

Deputy Port Director        Mark Tollini