Conditions of Storage

Warehouse Conditions of Contract Revision B 9/03

General

Mandata Contracts Ltd (“Mandata”) undertakes all services subject to the following conditions, which can be varied by written authority of a Director or the General Manager of Mandata only.

1. Mandata is not a common carrier, and the rights and liabilities of parties are determined on this basis.
   
2. The Customer warrants that it is either the owner of the Goods or is authorised by the owner to accept all conditions on the owners behalf.
   
3. The Customer also warrants that:
   
   Before presentation of Goods for warehousing, Mandata will be informed in writing of any special precautions necessary and of any statutory duties specific to them with which Mandata must comply
   
   When the Goods are presented, they shall be securely and properly packed, in such condition as not to, nor be likely to, damage or injure Mandata’s property, persons or goods, or those of other parties, by any means whatsoever.
   
   Liability
   
4. Mandata does not insure Customer’s Goods. The Customer should make suitable arrangements to cover the Goods against all risks for their full value.
   
5. Mandata shall not be responsible for any loss or damage to Goods, or any non-delivery, mis-delivery or delay in transit to or from their premises, unless Mandata is the Carrier, in which case responsibility is limited to Mandata’s normal conditions of carriage and Goods in Transit insurance cover.
   
6. Mandata shall not be liable for any indirect or consequential loss whatsoever.
   
7. Mandata shall not be liable for any loss or damage caused or contributed to by breach of Customer warranties (Conditions 2 and 3) or circumstances beyond reasonable control (Condition 15).
   
   This Condition shall be extended to all Mandata’s employees who will be entitled to the same rights, exemptions and limitations of liability as Mandata.
   
8. Mandata shall be entitled in certain circumstances to arrange for any part of the services provided to be performed by other contractors, with these same conditions remaining applicable.
   
   These circumstances are emergencies (such as storm, flood, fire, explosion, riot, industrial dispute, earthquake and any other comparable occasion), or with the written consent of the Customer.
   
9. The Customer shall reimburse all duties and taxes that Mandata may be required to pay in respect of the Goods.
   
10. The Customer shall indemnify Mandata against any loss or damage, including costs and expenses reasonably incurred, that are suffered as a consequence of breach of Customer Warranties (Conditions 2 and 3).
    
11. The Customer may, upon written authority, transfer Goods to the account of another party, subject to proper notification to Mandata and the full acceptance of these Conditions by the new Customer.
    
    Charges, Payments and Lien
    
12. Mandata’s charges, which may be increased from time to time given written notice of at least 21 days, shall be payable at agreed intervals or on expiry of an agreed period of credit, or in any event, before removal of the Goods from Mandata’s custody or control.
    
    Interest on amounts due and unpaid shall be calculated on a daily basis at a rate of 2 per cent above Lloyds TSB Bank plc current base rate. In addition, Mandata shall have a general and particular lien on the Goods for payment of all amounts owed by the Customer on any account.
    
    Termination
    
13. Unless agreed otherwise, the Goods shall be subject to removal from the custody or control of Mandata within 3 calendar months of notice in writing to the Customer.
    
14. In the event of failure by the Customer to pay amounts due or remove goods (notice having been given) at the due time, Mandata may, without prejudice to any other rights or remedies against the Customer, give notice of an intention to sell or otherwise dispose of the Goods at the risk and expense of the Customer, unless amounts are fully paid and Goods properly removed, within a further 3 month period. On expiry of this period, the proceeds of sale or disposal shall be returned to the Customer after deduction of all expenses and amounts due to Mandata on any account of that Customer.
    
    Responsibility
    
15. Mandata shall be relieved of contractual obligations where their prevention or non performance is a consequence of act, neglect or default of the Customer, or breach by Customer of their warranties, or by any cause beyond the reasonable control of Mandata (see Condition 8).
    
16. Any notice or statement of account given by Mandata to the Customer shall be duly given if left at or sent by registered or recorded delivery to the last known address of the Customer. If posted, notice shall be deemed as given 2 working days after posting.
    
17. These conditions shall prevail over any terms and conditions contained in the Customer’s order, acceptance or other communication, and shall be deemed to have been accepted by the Customer in preference to any other conditions unless specifically agreed in writing by a Director or the General Manager of Mandata.
    
18. All contracts between Mandata and the Customer are to be governed in all ways by English law. The Customer hereby submits to the exclusive jurisdiction of the English courts.

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