Terms and Conditions of Use

RATES AND INVOICING

Customer shall be invoiced for all Warehouse Services performed by Aeon Logistics pursuant to this Agreement. Customer agrees to pay all invoices within thirty (30) calendar days from the date of the invoice. Unless otherwise expressly stated, all amounts set out in this Agreement are stated in, and shall be paid in, Canadian dollars. Aeon Logistics reserves its right in its sole discretion to cancel/reduce credit and refuse to make future credit sales. Customer agrees to review immediately upon receipt, each of Aeon Logistics’s invoice and advise of any discrepancy/dispute within 7 days of receipt, together with a written statement for any discrepancy/dispute.   Failure to do so constitutes waiver of any claim for such discrepancy/dispute.

STORER’S LIEN

Aeon Logistics shall have a lien upon, right of retention and security interest in all Goods of Customer, at any time heretofore and hereafter deposited by Customer. Such lien, right of retention and security interest shall be for all charges, advances and expenses in relation to such Goods of Customer, whether or not heretofore released from the Warehouse Facility. In the event of non-payment of any such amounts, Aeon Logistics has the right, after reasonable notice, to dispose of Customer’s Goods in any manner that it may reasonably think fit to satisfy its lien, subject to legislation in force governing the disposition of such Goods in the province where such Goods are stored. Where Aeon Logistics decides, in its sole and exclusive discretion, to transfer the Goods prior to receipt of payment of all charges, advances and expenses in relation to the Goods, Customer shall sign an acknowledgment of indebtedness on an invoice or other statement of account.

LIABILITY FOR WAREHOUSE SERVICES

(a) The responsibility of Aeon Logistics is the reasonable care and diligence required by the laws of the province where the Goods are stored; provided that all Goods are stored at Customer’s risk of loss, damage or Customer establishes such loss, damage or delay occurred because of Aeon Logistics's failure to exercise the care required by the laws of the province where the Goods are stored.

(b) The quality, condition, contents and value of the Goods are not known to Aeon Logistics except as declared by Customer and described on the face of the manifest.

(c) Goods covered by this Warehouse Agreement are not insured by Aeon Logistics

(d) Without limiting the generality of the foregoing, it is specifically declared that:

1. All Goods are stored at the owner’s risk of loss, damage, obliteration or absence of marks, numbers, description, act of God, irresistible force, enemies of the Queen, civil or military authorities, insurrection, riot, strikes, terrorist acts, picketing or any other labour, trouble, water, steam, sprinkler leakage, floods, rain, wind, storm, fire, frost, vermin, heating or corruption, deterioration, drainage, dampness, rust, decay, collapse of the building, inevitable accident, depreciation or perishing by a lapse of time, changes in temperature, interruption or loss of power, contact with or odors from other articles, inherent defects, lack of any special care or precaution, injury to articles insufficiently protected or arising from the nature of the Goods, loss in weight, insufficient cooperage, boxing, crating or packing, ordinary wear and tear in handling, leakage, concealed damage, or any other cause beyond the control of Aeon Logistics or failure to detect any of the foregoing. All storage and other applicable charges must be paid on Goods stored for an additional time, or lost or damaged by any of the above causes.

(e) Where loss, damage or destruction occurs to the Goods, for which Aeon Logistics is not liable, Customer shall be responsible for the cost of removing and disposing of such Goods and the cost of any environmental cleanup and Facility remediation resulting from the loss, damage or destruction to the Goods.