Terms and Conditions

TERMS AND CONDITIONS

GTI means Group Transport Inc. and their employees, agents or authorized representatives. Customer means the merchandise owner and any party who has engaged the services of GTI, and their employees, agents or representatives.

The act of requesting/accepting the services provided by GTI, the customer agrees of the terms and conditions stated below:

1. SHIPPING GOODS TO GTI

a. Customer agrees not to ship goods to GTI as the named consignee and agrees that GTI is only act as the Consignee’s warehouse and has no beneficial title or interest in such property.

b. Customer also agrees to indemnify and hold harmless GTI from any and all claims for unpaid transportation charges, including undercharges, demurrage, detention or charges of any nature, in connection with goods so shipped to and from.

c. Customer further agrees that, if it fails to notify carrier as required by the preceding sentence, GTI 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.

STORAGE PERIOD AND CHARGES

Storage charges are billed on the last day of each month. All other charges will be billed in accordance with the customary practice of GTI.

3. TRANSFER, TERMINATION OF STORAGE, REMOVAL OF GOODS

a. GTI reserves the right to move, at its expense, after notice is sent to the Customer of record, any goods in storage from the warehouse in which they may be stored to any other of its warehouses. GTI will store the goods at, and may without notice move the goods within and between, any one or more of the warehouses buildings which comprise its warehouse complex.

b. Customer agrees that when GTI releases goods to Customer or its authorized agent or representative, including any common carrier engaged by Customer, that GTI will have no further obligation or responsibility to Customer or for the goods. A signed B/L to GTI without exception as to loss or damage shall be conclusive evidence that the goods were not lost or damaged while in the possession of GTI.

4. DELIVERY REQUIREMENTS

a. No goods shall be delivered except upon confirmed by GTI of written instructions, such as FAX, EDI, or Email. However, when no negotiable receipt is outstanding, goods may be delivered upon instruction by phone in accordance with a prior written authorization, but GTI shall not be responsible for loss or error occasioned thereby.

b. When Customer requests goods from the warehouse, a reasonable time shall be given GTI to carry out the applicable instructions, and if unable to do so because of acts of God, war, public enemies, seizure under legal process, riots and civil commotion, or any reason beyond GTI's control, or because of loss or destruction of goods for which GTI is not liable, or because of any other excuse provided by law, the GTI shall not be liable for failure to carry out such instructions.

5. LIABILITY AND LIMITATION OF DAMAGES

a. GTI shall undertake to exercise reasonable care in the storage and handling of the goods. GTI is not an insurer of the goods and will be liable only for loss or damage caused by the failure to exercise reasonable care in the storage and handling of the goods.

b. Customer acknowledges that it should maintain its own insurance on its goods for loss or damage while in the possession of GTI. In the event that GTI fails, for any reason, to exercise reasonable care in the storage or handling of the goods, Customer agrees that the liability of GTI shall be limited to $.50 cents per pound per article not to exceed a maximum of $500 unless a higher value is declared by the Customer and rates for increased valuation paid by Customer in accordance with the standard rates of GTI. Where damage occurs to goods, for which the GTI is not liable, the Customer shall be responsible for the cost of removing and disposing of such goods and the cost of any environmental cleanup and site remediation resulting from the loss or injury of goods.

6. NOTICE OF CLAIM AND FILING OF SUIT

Claims by the Customer and all other persons must be presented in writing to GTI within a reasonable time, and in no event longer than 30 days after delivery of the goods or notification to the Customer that loss or damage to part or all of the goods has occurred, whichever time is shorter.

7. LIABILITY FOR CONSEQUENTIAL DAMAGES

GTI shall not be liable for any loss of profit or special, indirect, or consequential damages of any kind.

8. LIABILITY FOR MISSHIPMENT

If GTI negligently mis-ships goods, through the sole fault of GTI it shall pay the reasonable transportation charges to redeliver the goods, up to $500. If the consignee fails to return the goods, GTI's maximum liability shall be for the lost or damaged goods as specified in Section 5 above. In no event will GTI be liable for any associated costs, damages, chargebacks or expenses

9. MYSTERIOUS DISAPPEARANCE

GTI shall not be liable for loss of goods due to inventory shortage or unexplained or mysterious disappearance of goods unless Customer establishes such loss occurred because of GTI's failure to exercise the care required. Customer agrees that no shortage will constitute conversion in the absence of evidence that the goods were converted by GTI.

10. RIGHT TO STORE GOODS

Customer represents and warrants that Customer has lawful possession of the goods and has the right and authority to tender those goods to GTI. Customer agrees to indemnify and hold harmless GTI from all loss, cost and expense (including reasonable attorneys' fees) which GTI pays or incurs as a result of any dispute or litigation, whether instituted by STG or others, respecting Customer's right, title or interest in the goods. Such amounts shall be charges in relation to the goods and subject to GTI's lien.

11. ACCURATE INFORMATION

Customer will provide GTI with information concerning the goods, which is accurate, complete and sufficient to allow GTI to comply with all laws and regulations concerning the storage, handling and transporting of the goods. Customer will indemnify and hold GTI harmless from all loss, cost, penalty and expense (including reasonable attorneys' fees) which GTI pays or incurs as a result of Customer failing to fully discharge this obligation.

12. SEVERABILITY and WAIVER

a. If any provision of this receipt, or any application thereof, should be construed or held to be void, invalid or unenforceable, by order, decree or judgment of a court of competent jurisdiction, the remaining provisions of this receipt shall not be affected thereby but shall remain in full force and effect.

b. GTI reserve the right to modify these terms and conditions, any modification will be posted.