Terms & Conditions

1. The incorporation of these Warehouse Terms and Conditions into any agreement between Customer and Lynx Logistics, or the act of tendering Goods described herein for storage or other services by Lynx Logistics, shall constitute acceptance by Customer of the terms and conditions set forth herein. Any Goods accepted by Lynx Logistics shall constitute Goods under these Warehouse Terms and Conditions.
2. Lynx Logistics may refuse to accept any Goods tendered for storage. If Lynx Logistics acceptssuch Goods, the Customer agrees to rates and charges as may be assigned and invoiced by Lynx Logistics and to all terms of these Warehouse Terms and Conditions.
3. Subject to these Warehouse Terms and Conditions, the Customer appoints and grants Lynx Logistics a non-exclusive license to provide the act of tendering Goods described hereinfor storage, fulfillment, or other services by Lynx  Such license is granted immediately upon tendering Goods to Lynx Logistics.

1. Lynx Logistics, acting as independent contractor, will provide warehouse operations services,storage services, and fulfillment services during standard hours of  While hours of operation are subject to change, they are normally Monday through Friday, 8:00 AM PST – 5:00 PM PST. Fulfillment order processing cut-off for same day shipments is 11:00 AM PST.
2. LynxLogistics will determine the method, details, and means of performing any services provided under these Warehouse Terms and Conditions.

1. Customershall not identify Lynx Logistics as the consignee for any Goods under any bill of lading, waybill, air waybill, or other contract of carriage. If, in violation of these Warehouse Terms and Conditions, Goods are shipped to Lynx Logistics as namedconsignee, Customer agrees to notify the carrier in writing prior to the shipment, with copy to Lynx Logistics, that Lynx Logistics named as consignee is a warehouseman and has no beneficial title or interest in such Goods. Furthermore, Lynx Logistics shall have the right to refuse such Goods and will not be held liable for any loss, mis-consignment, injury, or damage of any nature to, or related to, such goods. Whether Lynx Logistics accepts or refuses Goods shipped in violation of this provision, Customer agrees to indemnify and hold Lynx Logistics harmless for all claims for unpaid transportation charges, including undercharges, demurrage, detention, or charges of any nature, in connection with these Goods.
2. Customershall not list any Lynx Logistics address as a return address or e-commerce
3. Unlessagreed to in advance by Lynx Logistics in writing, Lynx Logistics is not responsible for any shipping charges or ancillary charges in connection with the transportation of Customer’s Goods, and any Incoterms or relevant contractual terms must not indicate that Lynx Logistics is responsible for such payment. No Customer may bill shipping or ancillary charges to Lynx Logistics. If Lynx Logistics receives an invoice indicating that Customer billed transportation costs of the Goods to Lynx Logistics in violation of this provision, Customer will incur an administrative fee of $50.00 for Lynx Logistics to correct the invoice.

1. All Goods for storage shall be delivered at the Warehouse properly marked and packaged for storage and handling. Customer shall furnish at least 5 days prior to delivery,a manifest showing all marks and brands of inventory to be kept and accounted for at the Warehouse. Customer recognizes that failure to schedule a delivery appointment with the Warehouse at least 24 hours in advance may result in delays in the unloading and receipt of products tendered for storage.
2. AllGoods tendered must meet the following requirements:
   1. Packing list must include the following information: Customer name and address, Sku number, product description, quantity count for each Sku, case count;
   2. Dangerousgoods merchandise – must provide Lynx Logistics with up-to-date MSDS / battery certification prior to arrival of any dangerous goods merchandise;
   3. Mastercartons must have product description and Sku numbers printed on the outside of each carton;
   4. LynxLogistics must receive a copy of the packing list for all shipments at least 24 hours prior to arrival;

3. Failureto meet any of the above requirements in section 5(b) may result in additional supplies and labor charges.
4. Customeragrees that Lynx Logistics may open and inspect any Goods tendered to the

1. Unlessotherwise agreed to in writing, all storage charges are billed on a per pallet basis, per month. If Goods are not palletized, then unless otherwise agreed to in writing, all storage charges are per package, per month.
2. Storage charges commence on the date that Lynx Logistics accepts care, custody, and controlof the Goods at its Warehouse, regardless of the unloading date or date of issue of a warehouse receipt.
3. Lynxwill review storage rates of dwelling cargo after 120  Lynx reserves the right to increase storage rates up to 10% per month on storage charges. Lynx must provide the customer with 30 days written notice prior to implementing this dwelling storage rate increase.
4. Anycargo remaining beyond 6 months shall incur an additional charge of 20% per month of the original rate with 30 days prior written notice
5. Invoicesare issued on the 1^st and 15^th of each month, and all storage charges are due 30 days thereafter.
6. Allinvoiced storage charges issued will be for all service transactions and storage charges of the previous month. Amounts not paid by the 60^th day past due date shall incur interest at the rate of 5% per month or the maximum rate permitted by law, whichever is less.

1. Instructions to transfer Goods to Lynx Logistics are not effective until delivered to and accepted by Lynx Logistics, and all charges up to the time transfer is made are chargeable to the Customer. If a transfer involves rehandling of the Goods, such rehandlingwill be subject to a  When Goods in storage are transferred from one party to another through issuance of a new warehouse receipt, a new storage date is established on the date of transfer.
2. LynxLogistics reserves the right to move, at its own expense, any Goods in storage within a Warehouse to any other Warehouse (as defined in section 1, above).
3. LynxLogistics may, upon written notice to the Customer and any other person known by Lynx Logistics to claim an interest in the Goods, require the removal of any Such notice shall be given to the last known place of business of the person to be notified. If Goods are not removed before the end of the notice period, which shall be at least 30 days, Lynx Logistics may sell the Goods.
4. If Goods are tendered to the Warehouse without identifying documentation such that Lynx Logistics cannot determine the Customer or the contact information of the Customer, then Lynx Logistics will consider the Goods abandoned and title to the Goods shall pass immediately to Lynx Logistics. Lynx Logistics may then dispose of or sell such Goods and retain all proceeds. If Customer later identifies itself to Lynx Logistics, Customer shall have no claim in connection with the Goods or any proceeds derived from their sale.
5. IfLynx Logistics in good faith believes that the Goods are about to deteriorate or decline in value to less than the amount of Lynx Logistics’ then current and otherwise outstanding warehouse or other charges before the end of the next succeeding storage month, Lynx Logistics may specify in the notification any reasonable shorter time for removal of the Goods and if the Goods are not removed, may sell them at public sale held one week after a single advertisement or posting as provided by law.
6. If,as a result of a quality or condition of the Goods of which Lynx Logistics had no notice at the time of deposit or if the Goods have deteriorated, and the Goods are a hazard to other property or to the Warehouse or to any persons in Lynx Logistics’ sole opinion, Lynx Logistics may sell the goods at public or private sale without advertisement or reasonable notification to all persons known to claim an interest in the Goods. If Lynx Logistics after a reasonable effort is unable to sell the Goods, Lynx Logistics may dispose of the Goods in any lawful manner and shall incur no liability by reason of such disposition. Pending such disposition, sale, or return of the Goods, Lynx Logistics may remove the Goods from the Warehouse and shall incur no liability by reason of such removal.
7. LynxLogistics requires written notice 30 days in advance of Customer’s removal of the entirety of its Goods from Lynx Logistics  Lynx Logistics shall not release cargo until full payment or, for month-to-month agreements, last month’s payment is paid.

1. Lynx Logistics claims a lien for all lawful charges for storage and preservation of the Goodsand/or equipment; also, for money advanced, interest, insurance, transportation, labor, forwarding, weighing coopering, and other charges and expenses in relation to such  Lynx Logistics also claims a lien under maritime law, if applicable, the bill of lading, if issued, and any applicable Lynx Logistics terms and conditions of service. Lynx Logistics reserves the right to exercise its lien rights under the terms of any applicable law and/or agreement between the Customer and Lynx Logistics.
2. LynxLogistics further claims a general warehouse lien for all such charges, advances, and expenses with respect to any other Goods stored by the Customer in any other Warehouse (as defined in section 1, above).
3. Inorder to protect its lien, Lynx Logistics reserves the right to require advance payment of all charges prior to shipment of Goods.
4. Customer agrees to execute any and all documents reasonably requested by Lynx Logisticsfor the perfection of such security interest lien and will not grant any lien to any third party on any Goods without the prior written consent of Lynx Logistics, which will not be unreasonably withheld.

1. EXCEPT TO THE EXTENT CONFIRMED IN WRITING BY LYNX LOGISTICS, THE GOODS COVEREDBY THESE WAREHOUSE TERMS AND CONDITIONS HAVE NOT BEEN INSURED BY LYNX LOGISTICS FOR THE BENEFIT OF THE CUSTOMER AGAINST FIRE OR ANY OTHER CASUALTY. PROCUREMENT OF SUCH INSURANCE THAT IS NOT PROVIDED BY LYNX LOGISTICS IS THE SOLE RESPONSIBILITY OF THE CUSTOMER, AT THE CUSTOMER’S SOLE DISCRETION AND EXPENSE.
2. GOODS ARE NOT INSURED BY LYNX LOGISTICS AND THE STORAGE RATES DO NOT INCLUDE INSURANCE ON THE GOODS UNLESS LYNX LOGISTICS HAS AGREED, IN WRITING,TO OBTAIN SUCH INSURANCE FOR THE BENEFIT OF  INSURANCE MAY BE AVAILABLE UPON REQUEST.

1. Thehandling charge, if any, covers the ordinary labor involved in receiving Goods at the door of the Warehouse, placing Goods in storage, and returning Goods to the door of the Warehouse. Handling charges are due and payable on receipt of Goods.
2. Unless otherwise agreed in writing, labor for unloading and loading Goods will be subject to a charge. Additional expenses incurred by Lynx Logistics in receiving and handlingdamaged Goods, and additional expense in unloading from or loading into cars or other vehicles not at the door of the Warehouse will be charged to the Customer.
3. Laborand materials used in loading rail cars or other vehicles are chargeable to the Customer.
4. WhenGoods are ordered out in quantities less than in which received, Lynx Logistics may make an additional charge for each order or each item of an order.
5. LynxLogistics shall not be liable for any demurrage or detention, any delays in unloading inbound cars, trailers, or other containers, or any delays in obtaining and loading cars, trailers, or other containers for outbound shipment except that Lynx Logistics shall be liable for its own negligent acts or omissions.

1. Except where Customer has engaged Lynx Logistics’ services with respect to order fulfillment, no Goods shall be delivered or transferred except upon receipt by Lynx Logistics of Customer’s complete written instructions. Written instructions shall include, but are not limited to e-mail, or similar written communication, provided Lynx Logistics has no liability when relying on the information contained in the communication as received. Goods may be delivered upon instruction by telephone, or similar verbal communication, in accordance with Customer’s prior written authorization, but Lynx Logistics shall not be responsible for loss or error occasioned thereby. Where Customer hasengaged Lynx Logistics’ services with respect to order fulfillment, then Goods may be delivered or transferred as set forth in the order or orders received.
2. When Goods are ordered out by Customer, or by a customer of Customer as per an agreement between Lynx Logistics and Customer regarding order fulfillment, a reasonabletime shall be given to Lynx Logistics to carry out delivery instructions, and if it is unable because of acts of God, war, public enemies, seizure under legal process, strikes, lockouts, riots, civil commotion, epidemic, or any reason beyond Lynx Logistics’ control, or because of loss or damage to Goods for which Lynx Logistics is not liable, or because of any other excuse provided by law, Lynx Logistics shall not be liable for failure to carry out such instructions and Goods remaining in storage will continue to be subject to regular storage charges.

1. Warehouselabor required for services other than ordinary handling and storage will be charged to the Customer.
2. Specialservices requested by Customer including, but not limited to, compiling of special stock statements, reporting marked weights, serial numbers or other data from packages, physical checking of goods, and handling transit billing will be subject to a charge.
3. Damage,bracing, packing materials or other special supplies may be provided to the Customer at a charge in addition to Lynx Logistics’ cost.
4. Byprior arrangement, goods may be received or delivered other than during usual business hours, subject to a charge.
5. Communication expenses, including but not limited to postage or telephone, will be charged to the Customer if such expenses concern more than normal inventory reportingor if, at the request of the Customer, communications are made by other than regular United States mail.

1. Acharge in addition to regular rates will be made for merchandise in bond.
2. Wherea warehouse receipt covers goods in S. Customs bond, such receipt shall be void upon the termination of the storage period fixed by law.

1. Aminimum handling charge per lot and a minimum storage charge per lot per month will be  When a warehouse receipt covers more than one lot or when a lot is in assortment, a minimum charge per mark, brand, or variety will be made.
2. Aminimum monthly charge to one account for storage and/or handling will be  This charge will apply also to each account when one customer has several accounts, each requiring separate records and billing.

1. LYNX LOGISTICS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO GOODS TENDERED,STORED, OR HANDLED BY LYNX LOGISTICS, HOWEVER CAUSED, UNLESS SUCH LOSS OR DAMAGE RESULTED FROM LYNX LOGISTICS’ NEGLIGENT ACTS. LYNX LOGISTICS IS NOT LIABLE FOR DAMAGES THAT COULD NOT HAVE BEEN  CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS LYNX LOGISTICS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, JUDGMENTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, INLCUDING LOSSES FOR PERSONAL INJURY OR DAMAGE TO OR LOSS OF PROPERTY, EXCEPT TO THE EXTENT CAUSED DIRECTLY BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LYNX LOGISTICS.
2. EXCEPTTO THE EXTENT CONFIRMED BY LYNX LOGISTICS IN WRITING, GOODS ARE NOT INSURED BY LYNX LOGISTICS AGAINST LOSS OR DAMAGE, HOWEVER CAUSED (See Section 9, above). INSURANCE MAY BE AVAILABLE UPON REQUEST.
3. INTHE EVENT THAT LYNX LOGISTICS IS LIABLE FOR DAMAGES, THE CUSTOMER DECLARES THAT AGGREGATE DAMAGES ARE LIMITED TO THE LESSER OF $0.50 PER POUND NOT TO EXCEED $50,000 FOR ALL SERVICES PROVIDED OR ARRANGED, OR THE COST TO REPLACE OR REPAIR ANY DAMAGED GOODS, PROVIDED, HOWEVER, THAT SUCH LIABILITY MAY AT THE TIME OF ACCEPTANCE OF THIS CONTRACT BE INCREASED UPON CUSTOMER’S WRITTEN REQUEST (AND LYNX LOGISTICS’ ACCEPTANCE) ON PART OR ALL OF THE GOODS HEREUNDER IN WHICH EVENT AN ADDITIONAL MONTHLY CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION.
4. LYNX LOGISTICS IS NOT LIABLE FOR ANY NON-VISIBLE OR CONCEALED DAMAGES. FURTHER,IN ACCORDANCE WITH SECTION 15(a), above, ANY DAMAGES REPORTED AT THE POINT OF CARGO RECEIPT AT THE LYNX LOGISTICS WAREHOUSE ARE EXCLUDED FROM ANY LYNX LOGISTICS LIABILITIES.
5. WHERELOSS OR DAMAGE OCCURS TO TENDERED, STORED, OR HANDLED GOODS, FOR WHICH LYNX LOGISTICS IS NOT LIABLE, THE CUSTOMER SHALL BE REPONSIBLE FOR THE COST OF REMOVING AND DISPOSING OF SUCH GOODS AND THE COST OF ANY ENVIRONMENTAL CLEAN-UP AND SITE REMEDIATION RESULTING FROM THE LOSS OR INJURY TO THE GOODS.
6. NEITHER LYNX LOGISTICS NOR THE CUSTOMER SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND,EVEN IF SUCH PARTY WAS OR SHOULD HAVE BEEN AWARE OF OR ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.

ALL RISK OF LOSS AND DAMAGE TO GOODS FROM ANY CAUSE PRIOR TO RECEIPT BY LYNX LOGISTICS INTO THE INVENTORY AT THE LYNX LOGISTICS WAREHOUSE, AND AFTER THE REMOVAL BY COMMON CARRIER FROM THE INVENTORY AT THE LYNX LOGISTICS WAREHOUSE SHALL BE BORNE ENTIRELY BY THE CUSTOMER.

1. Claims by the Customer against Lynx Logistics for any loss or damage to Goods must be presentedin writing to Lynx Logistics within a reasonable time, and in no event any later than 24 hours after delivery of the Goods by Lynx Logistics. If Lynx Logistics notifies Customer that loss or damage to part or all of the Goods has occurred while in a Lynx Logistics facility, then Customer must notify Lynx Logistics in writing of its intent to file a claim no later than 60 days after Customer is notified by Lynx Logistics that loss or damage to part or all of the Goods has occurred.
2. Nolawsuit or other action may be maintained by the Customer against Lynx Logistics for loss or damage to the Goods unless timely written claim has been given as provided in paragraph (a) of this section and unless such lawsuit or other action is commenced by no later than the earlier of (i) nine months after date of delivery by Lynx Logistics or (ii) nine months after Customer is notified that loss or damage to part of all of the Goods has occurred.
3. WhenGoods have not been delivered, notice may be given of known loss or damage to the Goods by mailing of a letter via certified mail or overnight delivery to Customer. Time limitations for presentation of claims in writing and maintaining of action after notice begin on the date of mailing of such notice by Lynx Logistics.
4. Any and all claims against Lynx Logistics unrelated to Goods must be filed and properly served on Lynx Logistics within 6 months. It is Lynx Logistics’ goal to promptly resolve anydisputes, and both Lynx Logistics and Customer understand that prompt notification is necessary so that efforts at resolution can be undertaken.

If Lynx Logistics negligently mis-ships Goods, Lynx Logistics shall pay the reasonable transportation charges incurred to return the mis-shipped Goods to the Warehouse. If the consignee fails to return the Goods, Lynx Logistics’ maximum liability shall be for the lost or damaged Goods, as specified in Section 15, above, and Lynx Logistics shall have no liability for damages due to consignee’s acceptance or use of the Goods, whether such Goods be those of the Customer or another.

Lynx Logistics shall not be liable for loss of Goods due to inventory shortage or unexplained or mysterious disappearance of Goods unless the Customer establishes that such loss occurred because of Lynx Logistics’ failure to exercise reasonable care, in which case, damages are limited as per section 15.c, above. Any presumption of conversion imposed by law shall not apply to such loss and a claim by the Customer of conversion must be established by affirmative evidence that Lynx Logistics converted the Goods to Lynx Logistics’ own use.

The Customer represents and warrants that the Customer is lawfully possessed of the Goods and has the right and authority to store them with Lynx Logistics. The Customer agrees to indemnify and hold harmless Lynx Logistics from all loss, cost, and expense, including reasonable attorney’s fees, that Lynx Logistics pays or incurs as a result of any dispute or litigation, whether instituted by Lynx Logistics 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 Lynx Logistics’ lien.

1. Customer shall provide Lynx Logistics with information concerning the Goods which is accurate, complete, and sufficient to allow Lynx Logistics to comply with all laws and regulationsconcerning the storage, handling, and transporting of the  Customer will indemnify and hold Lynx Logistics harmless from all loss, cost, penalty, fine, and expense, including reasonable attorney’s fees, that Lynx Logistics pays or incurs as a result of Customer failing to fully discharge this obligation.
2. Tothe extent that Customer instructs Lynx Logistics to or understands that Lynx Logistics will export the Goods as per an agreement between the Customer and a third party, Customer will provide any and all information required by Lynx Logistics to file any export documentation or arrange for the lawful transportation of the export, including, but not limited to whether a license or export permit is required by any governmental entity, the schedule b number, and the Export Control Classification Number.

1. Inthe event any of the terms of this Warehouse Terms and Conditions are determined to be invalid or unenforceable by any court of competent jurisdiction, no other terms shall be affected and the unaffected terms shall remain valid and enforceable as written. The representations, rights, and obligations of Lynx Logistics and Customer shall survive termination of these Warehouse Terms and Conditions.
2. LynxLogistics’ failure to enforce a breach or waiver of any provision or term shall not be deemed to constitute a waiver of any subsequent failure or breach and shall not affect or limit the right of Lynx Logistics to thereafter enforce such a term or provision. No waiver of any right, power, or privilege shall be binding upon either Lynx Logistics or Customer unless in writing and signed by or on behalf of the party against which the waiver is asserted.
3. The provisions of this Warehouse Terms and Conditions shall be binding upon the Customer’s heirs, executors, successors, and assigns. Except as otherwise provided herein,the rights and obligations of Customer are personal and not assignable, either voluntarily or by operation of law, without the prior written consent of Lynx Logistics, which consent shall not be unreasonable withheld.
4. These Warehouse Terms and Conditions constitute the entire understanding of the Customer and Lynx Logistics and supersede all verbal or written prior agreements, arrangementsand understandings related to the Goods, except as provided for in these Warehouse Terms and Conditions. These Standard Terms and Conditions of Service are subject to change by Lynx Logistics from time to time upon posting on Lynx Logistics’ website. The most current and controlling version of the Standard Terms and Conditions of Service are published at lynxlogistics.net.
5. Theheadings set forth in these Warehouse Terms and Conditions are for convenience only and shall not be considered a part of this Agreement nor affect in any way the meaning of the terms and provisions.

Lynx Logistics is authorized to select and engage carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others, as required, to transport, store, or handle shipments or Goods, all of whom shall be considered the agents of Customer, and the goods may be entrusted to such agencies subject to all conditions as to limitations of liability for loss, damage, expense, or delay and to all rules, regulations, requirements, and conditions, whether printed, written, or stamped, appearing in bills of lading, receipts, or tariffs issued by such carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen, and others. Unless services are performed by persons or firms engaged pursuant to express written instructions from Customer, Lynx Logistics shall use reasonable care in its selection of third parties, or in selecting the means and procedure to be followed in the handling, transportation, clearance, and delivery of the shipment; advice by Lynx Logistics that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that Lynx Logistics warrants or represents that such person or firm will render such services nor does Lynx Logistics assume responsibility or liability for any action(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any damage, expense, delay, or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, Lynx Logistics shall reasonably cooperate with Customer, which shall be liable for any charges or costs incurred by Lynx Logistics.