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HomeMy WebLinkAbout640189.tiffGatti+w•= - NON. 7OTIABLE WAREHOUSE RECEIPT Alit )NTRACT. LAFFERTY MOVING & STORAGE Warehouse Receipt to 4562 iltretteli for the Account of field County Court House c/o Charlie Clements Custodian address is 9th. Ave.,9th. 9t. Greeley. Colo. By LAFFERTY MOVING & STORAGE (hereinafter called the Company) the goods described in the schedule below (contents and condition of contents unknown) to be handled on monthly storage in depository situated at 517 13th. St -am et Greeley. Colo. subject to the provisions, limitations, terms and conditions herein printed on the face and the reverse side hereof, all of which are agreed and assented to by the Depositor for himself and his heirs; and to be delivered to said Depositor upon payment of all charges. READ STORAGE RATE —DECLARED VALUE LIMIT OF COMPANY'S LIABILITIES —wallaCAREE The Company's rates are based upon the value of the stored goods as declared herein by the Depositor, regardless of actual known value, and upon the space occupied by the goods. The basic (or lowest available) rate is based upon a declared value not to exceed THIRTY cents per pound per article, which shall be the value for all purposes and in no event shall the Company's liability, if any, for loss or damage, exceed such declared value. Actual weight of the goods shall govern if ascertained; if not, the goods will be deemed to weigh seven pounds per cubic foot, which is the average weight of household goods. Should Depositor declare higher values than THIRTY cents per pound per article, such values must be declared by Depositor in writing by inserting the higher declared values opposite each article listed on the Original Non -Negotiable Warehouse Receipts and returning the same to the Company within fifteen (15) days of the date of the issue of such Receipt and Contract, for reissue with corrected values and recalculated rates of storage. In the latter event the rate is computed by taking the Company's basic rate and adding thereto TWENTY-FIVE cents per month for each $100.00 valuation, or fraction thereof, specific- ally set forth. Until such return and reissue the declared value of THIRTY cents per pound per article shall govern. DEPOSITOR'S DECLARATION OF VALUE: After having en opportunity to declare higher values and pay a higher rate. Depositor, for the purpose of this contract and irrespective of actual value, hereby declares the value of all goods stored, including contents of any container, and all goods hereafter stored for Depositor's account, to be thirty cents per pound per article. The Depositor contracts and agrees, by the of this Receipt and Contract, to all of the provisions, limitations, terms and conditions printed on the face and on the mane side hereof. (hereinafter called the Depositor) whose latest known Date Received for Storage July 6,1964 The Charges Against the Property Described in This Receipt will be as follows Until Further Notice: Storage per month or fraction thereof . . $.8$ Warehouse Labor $ 45.0(1 Drayage $ Packing at Residence $ Wrapping & Preparing for Storage Charges Advanced I _ Insurance $ _ $ $ The rates may be changed upon thirty days written notice to the depositor and will be changed upon the actual receipt by the Company of written notice from the depositor increasing the declared valuation above THIRTY CENTS PER POUND PER ARTICLE. Date of bar Scaly G. 1f64 LAFFERTY MOVING & STORAGE By Location SCHEDULE Goods G from If not correct report immediately 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16 17,18,19,2(1 Arm Chair ( IttcS,nicked) 21 Bench seat (WcS,nicked,end eft) 22,29,24,25,26,27,28 Bench seat (*S,nieked) 29 Bench seat $Eas9ESEIaE# (EeS, nicked, i t ,end broken) 3(1,31,32 Bench seat (Wc&,nieked) 33 Bookcase (I&S,nicked) 34 Footstool (IScS,nicked) 35,36,37,38,39,40,41, 42,43 Ann chair (1&S,nicked) 44,45,46,4,7,48,49 Swivel chair (i&S,nicked,nobase) 50,51,52 Wooden chair (Ii&S,nicked) 53 Bulletin board 54,55,56,57,58,59,60 Swivel chair (nEcS,no seat, no base) 61 Floor rails (2) 62,63 Swivel chair (si&S,nicked) 64 Coat rack 65 Swivel bases (12 66 Waste basket (BO 67 Waste basket (Bo) 68 chair seats (7) 69 Arm chair (L"-S,nicked,wheel off) 70 Table (i&S,nicked 71 Table ((18cS,nicked 72 Table (15ScS,nicked 73 Platform 74 Platform 75 Desk (Z&S,nicked 76 Desk (I&4cS,nicked 77 Desk (t8cS,nicked 78 Desk MS ',nicked 79 Taste baskets (2,1lecS,nicked) 80 Hall bench hat rack comb. (i&S,nicked) 640189 a PROVISIONS, LIMITATIONS, TERMS 1. OWNERSHIP OF GOODS The Depositor has represented to the Company that the Depositor has the lawful possession of and legal right and authority to store all of the property herein described, in accordance with the provi- sions, limitations, terms and conditions herein set forth; and if there be any litigation concerning the property, the Depositor agrees to pay all storage and other charges together with costa and expenses, including attorney's fees, which this Company may reasonably incur or become liable to pay in connection therewith. This Company shall have a lien on said property for all storage and other charges and for such costs and expenses. 2. TERMS OF PAYMENT The payments for storage and other charges are due and payable upon the date of this receipt and on the same date of each succeeding month thereafter, and where goods are allowed to remain in storage for a fraction of a month, a full month's storage will be charged. An interest charge at the rate of two thirds of one per cent per month charged monthly will be made on freight or other charges advanced by the Company. A like interest charge will be assessed on the entire unpaid balance of the account if six months' storage charges remain unpaiu. 3. ADDITIONS TO STORAGE LOLL Any additional goods hereafter delivered by the Depositor to the Company for storage as a part of this lot while this receipt is out- standing shall be subject to the terms, limitations and conditions hereof. 4. CORRECTIONS OF ERRORS Unless notice is given in writing to the Company within fifteen days after mailing, this receipt and contract will be deemed to be correct, complete and the terms and conditions accepted. S. LIABILITY OF COMPANY (a) It is, agreed that said property be moved, packed, stored, shipped, forwarded, or otherwise handled at customer's risk with respect to damage, loss, or delay caused by acts of God or the public enemy, war, insurrection, strikes, labor troubles„ riots, earthquake, fire, nature of property or defect or inherent vice therein, deteriora- tion by time, moths, termites, vermin,rodents, leakage and beat. The Company shall not be liable for damage or injury to pianos, radios, phonographs, clocks, refrigerators, or other instruments or appli- ances in respect to the mechanical functions thereof, whether or not such articles are packed, unpacked, or stored by employees of the Company or by others. The Company shall not be chargeable with knowledge of the contents of containers or the condition thereof. (b) The Company shall not be liable for injury ordamage to fragile articles (articles susceptible to breakage or crushing) that are not both packed and unpacked by its employees. (c) The Company shall be liable only for its failure to use ordis nary care and then only upon the basis of Depositor's declared valu- ation of the goods. The burden of proving negligence or failure to use the care required by law shall be upon the Depositor. 6. SERVICES TO STORED GOODS The services required of this Company are limited to storage, packing, moving and shipping, and the Company does not accept responsibility in respect to additional attention or service. Should the Company, however, in its sole discretion, determine that moth -treat- ing, fumigating, or otherwise treating or handling all or a portion of the goods stored hereunder is necessary for the protection of the goods, or of other depositors' goods stored in the depository, it may render such additional service and add its charges therefor to the amount payable by the Depositor hereunder. 7. INSURANCE Goods are not insured by the Company. If it is desired that the Company procure insurance for Depositor, Depositor must make a written request for insurance, specify the kind of insurance coverage desired and pay the premiums thereon. If the amount of insurance ordered is less than the true value of the property, the Depositor becomes a co-insurer. Where the value of any one article exceeds $500, specific mention must be made thereof. B. BUILDING —FIRE —WATCHMAN Some but not all of the Company's depositories are of reinforced concrete construction. No warranty or representation is made that any of the Company's depositories are fireproof or that the goods stored therein cannot be destroyed by fire. The Company shall not be required to maintain a watchman. It is hereby agreed that this document constitutes the who other terms, warranties, repr ions, or agreements AND CONDITIONS OF CONTRACT 9. TRANSFER OF GOODS It is agreed that the Company may, without notice to Depositor, transfer the goods from the address shown herein, and store same in any other depository or building of the Company, whether owned or leased, and may move the same, or any part thereof, from one loca- tion within a building to another. to.. DELIVERY AND ACCESS TO GOODS (a) The goods deposited hereunder will be ready for delivery on one day's notice, to the Depositor or to any other specified person on his or her behalf on presentation of written authority executed by said Depositor and providing that all storage and other charges owing to the Company are paid in full. The Company will not be responsible for delays in delivery caused by strikes or other condi- tions beyond its control. No transfer of this receipt will be recognized unless all charges are paid and the transfer is entered on the books of the Company and a charge paid therefor. A warehouse labor charge will be made for placing goods in storage and for removing to platform for delivery. An additional charge will be made for all access to or part delivery of goods. (b) The Company is authorized to act for the shipper in arranging for delivery or shipment of the goods from storage on the basis of the declared value as provided on the face hereof (except that if the goods are to be delivered or shipped in Interstate Commerce the Company shall declare the value to be thirty cents per pound per article, or more if a value higher than thirty cents per pound per article has been declared herein, and the carrier's or forwarder's liability for loss or damage during said delivery or shipment shall be limited to the value so declared). II. CHANGE OF ADDRESS Notice of any change of address of the Depositor must be given by the Depositor to the Company, in writing and acknowledged in writing by the Company on the following monthly statement, and no notice of any change of address shall be valid or binding against the Company, if given in any other manner, and it is hereby expressly understood and agreed that all notices of any nature to the Depositor shall be sent to the latest known address as shown on the face of this warehouse receipt until such written notice of change is received by said Company, and acknowledged by it in writing on the following monthly statement. 12. WAREHOUSEMAN'S LIEN It is agreed that the Company shall have a general lien upon any and all property deposited with it or heretofore or hereafter de- posited with it and upon the proceeds from the sale thereof for all charges provided herein, including claims for money advanced, inter- est, insurance, transportation, labor, wrapping, weighing, coopering, and all other charges and expenses in relation to such property or any part thereof, and also for all reasonable charges and expenses for notice and advertisement of sale and sale of the property where default has been made, also for all costs including court costs and reasonable attorneys' fees in collecting charges or enforcing this lien, or defending itself in the event the Company is made a party to any litigation concerning the goods stored hereunder, or in filing any actions in interpleader for the determination of ownership of the property deposited with the Company. Goods upon which charges remain unpaid for three months may at any time thereafter be sold as provided by law, if in the opinion of the Company such action is necessary to protect accrued charges. 13. TIME FOR FILING CLAIMS —ARBITRATION (a) The Company shall not be liable for the loss, destruction, or damage to the goods or any part thereof unless a claim in writing therefor is presented to the Company within fifteen days after the delivery of the goods or refusal of demand therefor or within thirty days after written notice of the loss or damage to the goods is mailed to the Depositor at his last known address. (b) Any dispute or claim arising out of or for the breach of this agreement or in connection with the property stored hereunder, whether founded in tort or contract, shall be settled by arbitration under the Arbitration Law of this state and under the rules of the American Arbitration Association, provided, however, that upon any such arbitration, the arbitrator may not vary, modify or disregard the provisions contained herein, including those respect- ing the declared or agreed valuation of the goods and the limitation of liability of the Company. The award may be entered as a judg- ment of a court of record in the county where the award is made. The Customer and the Company shall share equally the cost of arbi- tration. Courts costs shall be borne by the Iosi_ le contract between the parties and that there are no of either depositor or Company not herein contained. 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