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Terms of Service (“Terms”)
Last updated: September 29, 2017
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.northprep.com website (the “Service”) operated by Northwest Storage & Fulfillment Inc. (“NS&FI”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Any items or products left on site for 90 days or greater, with no communication and/or storage payments will be considered abandoned by client/customer.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Human error is always to be expected. Northwest Storage & Fulfillment Inc. is in no way responsible for any errors that may be sent out on our behalf.
The Service and its original content, features and functionality are and will remain the exclusive property of Northwest Storage & Fulfillment Inc. The Service is protected by copyright, trademark, and other laws of both the Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Northwest Storage & Fulfillment Inc.
LINKS TO OTHER WEB SITES
NS&FI’s Service may contain links to third party web sites or services that are not owned or controlled by Northwest Storage & Fulfillment Inc.
NS&FI has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Northwest Storage & Fulfillment Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You agree to defend, indemnify and hold harmless Northwest Storage & Fulfillment Inc., and its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall Northwest Storage & Fulfillment Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Northwest Storage & Fulfillment Inc. does not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
ACCEPTANCE OF GOODS, RATES, CHARGES
(A) During these Terms of Service, and any extensions or renewals thereof, we agree to provide for you certain warehousing facilities and services described in these Terms.
(B) We agree to furnish personnel, equipment and other accessories necessary to perform efficiently and with safety the services herein described.
(C) You shall pay to NS&FI such consideration in compensation as may mutually be agreed upon in writing.
(D) Warehouse labor required for services other than ordinary handling and storage must be authorized by you in advance.
PAYMENT TERMS FOR SERVICES RENDERED
Consideration for NS&FI’s performance of these Terms shall be paid to us by you as follows:
Prior to commencement of any services, an advance deposit as agreed to by us and you, and any balance owed to NS&FI to be paid within fifteen (15) days after date of invoice, which shall be submitted by us. You may not dispute invoices after more than fifteen (15) days from date of invoice. In addition, you may not offset payment of invoices for disputed claims without the prior written consent NS&FI.
If goods are shipped to NS&FI as named consignee, you agree to notify carrier in writing prior to such shipment, with a copy of such notice, that NS&FI is named as consignee is a warehouseman under law and have no beneficial title or interest in such property. You further agree to indemnify and hold harmless NS&FI from any and all claims for unpaid transportation charges, including undercharges, demurrage, detention, or charges of any nature, in connection with goods so shipped. You further agree that, if you fails to notify carrier, NS&FI 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.
TENDER FOR STORAGE
All goods tendered for storage shall be delivered at the warehouse in a segregated manner, properly marked and packaged for handling. You shall furnish or cause to be furnished at or prior to such delivery, a manifest showing the goods to be kept and accounted for separately. In the event that goods tendered to NS&FI do not conform to the description provided by you, we may refuse to accept such goods. If NS&FI accepts such goods, you agree to pay the rates and charges as set forth in these Terms. We are not a guarantor of the condition of such goods under any circumstances including but not limited to hidden, concealed, or latent defects in the goods. Concealed shortages, damage or tampering will not be the responsibility of NS&FI. In no event shall NS&FI be liable for loss or damage caused by the events set forth in the Force Majeure section of these Terms or the inherent vice or nature of the goods.
TRANSFER OF GOODS
(A) Instructions to transfer goods on the books of NS&FI shall not be effective until said instructions are delivered to and accepted by NS&FI, and all charges up to the time transfer is made shall be chargeable to you. (B) NS&FI may move goods within the warehouse in which they are stored as NS&FI deems necessary to maintain storage and handling efficiencies. NS&FI may move goods to another warehouse operated by it only with your prior consent.
(C) If NS&FI in good faith believe that the goods are about to deteriorate or decline in value to less than the amount of our lien before the end of the next succeeding storage month, NS&FI may immediately notify you in writing of a reasonable time for removal of the goods and in case the goods are not removed, may sell them at public sale held one week after a single advertisement or posting as provided by law.
(D) If, as a result of a quality or condition of the goods of which NS&FI had no notice at the time of deposit, the goods are a hazard to other property or to the warehouse or to persons, NS&FI shall immediately notify you and you shall thereupon claim its interest in the said goods and remove them from the warehouse. Pending such disposition NS&FI may remove the goods from the warehouse and shall incur no liability by reason of such removal.
(A) Handling rates and charges shall, unless otherwise agreed, cover the ordinary labor involved in receiving goods at a warehouse door, placing goods in storage, and returning goods to warehouse door.
(B) NS&FI shall not be liable for demurrage, detention or delays in unloading inbound cars or detention or delays in obtaining and unloading cars or, vehicles for outbound shipments unless NS&FI has failed to exercise reasonable care and judgment as determined by industry practice.
(C) When goods are ordered out by you in quantities different than as received, NS&FI may make an additional charge for each such order or each item of such an order.
STANDARD OF CARE AND LIABILITY, LIMITATION OF DAMAGES
(A) NS&FI shall not be liable for any loss, damage or destruction to goods, however caused, unless such loss, damage, or destruction resulted by the failure of NS&FI to exercise such care in regard to the goods as a reasonably careful Warehouseman would exercise under like circumstances. NS&FI shall not be liable for damage of any type which could not be avoided by the exercise of such care.
(B) In the event of loss, damage or destruction to stored goods for which company is legally liable, you declare that the liability of NS&FI for damages shall be limited to the following amount: the cost of lost and / or missing goods at a price calculated on the basis of the purchase price at which you purchased the goods, as well as taking into account the amounts of customs payments paid by you for the lost / missing goods.
(C)The limitation of liability referred to in paragraph (B) above shall be your exclusive remedy against NS&FI for any claim or cause of action whatsoever relating to loss, damage, and/or destruction of the stored goods and shall apply to all claims including inventory shortage and mysterious disappearance claims unless you prove by affirmative evidence that NS&FI converted the goods to NS&FI’s own use. You waive any rights to rely upon any presumption of conversion imposed by law. In such event you shall not be entitled to incidental, special, punitive or consequential damages.
(D) You acknowledge and agree that NS&FI is not an insurer or guarantor of any goods placed in possession of NS&FI by your pursuant to these Terms.
(E) Where loss or injury occurs to your goods, for which NS&FI is not liable, you shall be responsible for the cost of removing and disposing of such goods, as well as the cost of any environmental cleanup and/or site remediation resulting from the loss or injury to such goods.
NOTICE OF LOSS AND DAMAGE, CLAIM AND FILING OF SUIT
(A) NS&FI agrees to notify you promptly of any loss or damage, however caused, to goods handled under these Terms.
(B) Claims by you must be presented in writing to NS&FI no longer than either ninety (90) days after delivery of goods by NS&FI or ninety (90) days after you are notified by NS&FI that loss or injury to part or all of the goods has occurred, which ever time is shorter. Each claim must contain information necessary to identify the goods affected, the basis for liability and the amount of the alleged loss or damage, as well as all appropriate supporting documentation which must include: a summary of claims for both damaged and shortages of items, a report of individual carton ID’s and their appropriate claims designation, including claim value, and individual claim forms for each claim that is supported by the report also provided.
(C) No action may be maintained by you or others against NS&FI for loss or injury to the goods stored unless timely written claim has been given as provided in paragraph (B) of this section and unless such action is commenced either within nine months after date of delivery by NS&FI or within nine months after you of record are notified that loss or injury to part or all of the goods has occurred, whichever time is shorter.
LIABILITY FOR CONSEQUENTAL DAMAGES
NS&FI shall not be liable for any loss of profit or special, indirect, or consequential damages of any kind arising from services or other activities performed pursuant to these Terms.
LIABILITY FOR MISSHIPMENT AND CHARGEBACKS
(A)If NS&FI negligently miss-ships goods, it shall pay the reasonable transportation charges incurred to return such goods to its facility. If the consignee fails to return the goods, maximum liability of NS&FI for the lost or damaged goods shall be as specified in Sections above, and NS&FI shall has no liability for damages due to the consignee’s acceptance or use of the goods whether such goods are those of you or another.
(B) NS&FI shall not be responsible for chargebacks of any kind unless it is shown by affirmative evidence that such chargebacks are directly attributed to it.
NS&FI shall not be liable for loss of goods due to inventory shortage or unexplained or mysterious disappearance of goods unless you establish such loss occurred because of NS&FI’s failure to exercise the care required under Sections above. Any presumption of conversion imposed by law shall not apply to such loss and a claim by you of conversion must be established by affirmative evidence that NS&FI converted the goods to its own use.
Neither you nor NS&FI shall be liable to the other for default in the performance or discharge of any duty or obligation under these Terms when caused by acts of God, hurricanes, tidal waves, flood, tornadoes, cyclone, wind storm, earthquake, public enemy, civil commotion, strikes, labor disputes, work stoppages or other difficulties within the workforce, failure to provide power by the utility provider, intentional or malicious acts of third persons or any other organized opposition, corruption, depredation, accidents, explosions, fire, water sprinkler leakage, moths, vermin, insect, seizure under legal process, embargo, prohibition of import or export of Goods, closure of public high-ways, railways, airways or shipping lanes, governmental interference or regulations, or other contingencies, similar or dissimilar to the foregoing, beyond the reasonable control of the affected party. Upon the occurrence of such an event the party seeking to rely on this provision shall promptly give written notice to the other party of the nature and consequences of the cause. If the cause is one which nevertheless requires NS&FI to continue to protect the goods, you agree to pay the storage or similar charges associated with obligation of NS&FI during the continuance of the force majeure. All goods are stored, handled, and transported at your sole risk of loss, damage, or delay caused by any of the above.
RIGHT TO STORE GOODS AND WAREHOUSEMAN’S LIEN
(A) You represent and warrant that you are lawfully in possession of the goods and have the right and authority to contract NS&FI for the services contemplated by these Terms relating to those goods. You agree to indemnify and hold NS&FI harmless from all loss, cost and expense (including reasonable attorneys’ fees) which NS&FI pays or incurs as a result of any dispute or litigation, whether instituted by you or others, respecting your right, title or interest in the goods covered by these Terms.
(B) On goods in possession of NS&FI, it shall have a general Warehouseman’s lien for any unpaid charges and associated expenses. NS&FI shall not permit any lien or other encumbrance to be placed against the goods while they are in possession of NS&FI other than its general warehouseman’s lien.
The provisions of these Terms are to be considered as independent obligations. Therefore, should one provision be determined to be void and not be legally enforceable, its invalidation shall not excuse compliance with and adherence to the remaining provisions of these Terms by the parties.
Compliance with these Terms may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party entitled to enforce such term, but any such waiver shall be effective only if in a writing signed by the party against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party in exercising any power or right under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power preclude any other or further exercise thereof or the exercise of any other right or power.
It is hereby agreed and understood that NS&FI is entering into these Terms as an independent contractor and that all of its personnel engaged in work to be done under these Terms are to be considered as employees of NS&FI and under no circumstances shall they be construed or considered to be employees of yours. NS&FI shall supervise the performance of its own employees in providing services for you and shall have control over the manner and means by which its services are performed, subject to these Terms as well as any written and mutually agreed upon amendments thereto. Nothing in these Terms will be interpreted as creating any relationship of principal and agent, partnership or joint venture between the parties. Neither you nor NS&FI will represent in any manner to any third party that NS&FI is an agent of, or affiliated with, you in any capacity other than as an independent contractor, and nothing in these Terms shall be construed to be inconsistent with such status.
NOTIFICATION OF PRODUCT CHARACTERISTICS AND DANGEROUS ARTICLE
(A) You shall notify NS&FI of the characteristics of any of your products that may in any way be likely to cause damage to the premises of NS&FI or to other products that may be stored by it.
(B) You, except to the extent hereinafter specified, represent that none of the goods which it now has in storage, or will store in the future with NS&FI are adulterated, flammable, hazardous or dangerous materials or articles, explosives or pesticides, as defined under the regulated federal, province or local laws, statutes, ordinances, or regulations, and that any goods it now has in storage, or will store in the future with NS&FI which require registration, permits, licenses or similar approvals under federal, province or local laws, statutes, ordinances or regulations are guaranteed to have such registrations, permits, licenses or approvals at the time the goods are tendered to NS&FI and during the time they are in its custody.
(C) You confirm that the goods which you now have in storage are defined or are subject to regulation under federal, province or local laws, statutes, ordinances or regulations concerning adulterated, flammable, hazardous or dangerous materials or articles, explosives or pesticides will be individually listed on receiving/shipping document (bill of lading) naming the goods and designating which laws, statutes, ordinances or regulations apply to the storage, handling and transportation of the goods, and whenever in the future the undersigned tenders goods to NS&FI for storage or handling are defined and subject to regulation under federal, province or local laws, statutes, ordinances or regulations concerning adulterated, flammable, hazardous or dangerous materials or articles, explosives or pesticides it shall, at the time of such tender, advise us, in writing, with respect to each such item which laws, statutes, ordinances and or regulations apply to the storage, handling and transportation of the goods.
(D) You further confirm that with respect to any goods you now have in storage, or will store in the future with NS&FI which, due to such federal, province or local laws, statutes, ordinances or regulations applicable to the goods, require special handling, storage, stacking segregation of commodities, documentation, records certification, reports of other treatment beyond that normally afforded by NS&FI to goods generally, you will furnish NS&FI for goods now in storage in writing for each item tendered for storage in the future, with all information and instructions necessary to conform with the requirements applicable to your goods.
(E) You agree to indemnify and save NS&FI harmless against any and all liabilities, laws, damages, costs or expenses which NS&FI may incur, suffer or be required to pay by reason of any failure of the aforementioned representations, agreements and guarantees of the undersigned.
These Terms shall be governed and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein and you hereby irrevocably attorn to the jurisdiction of the courts of British Columbia, without regard to its conflict of law provisions.
NS&FI’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between both parties regarding this Service, and supersede and replace any prior agreements that might have had between you and NS&FI regarding the Service.
NS&FI reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material NS&FI will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at NS&FI’s sole discretion.
By continuing to access or use NS&FI’s Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
Northwest Storage & Fulfillment Inc. (NS&FI)
www.northprep.com is an assumed business name of Northwest Storage & Fulfillment Inc. www.northprep.com and Northwest Storage & Fulfillment Inc. are referred to collectively herein as “NS&FI”. At NS&FI, we understand your concerns about online security and privacy. Our goal is to ensure that your personal information remains secure and your privacy is always respected. This policy outlines NS&FI steps for protecting the information you choose to share with us. Protecting your privacy is of the greatest importance to us.
About the information we collect online
We do not sell or rent your information to any outside parties. Occasionally, we may send promotional e-mails to customers or account holders. We may offer you the opportunity, at your discretion, to provide your information to our select community or business partners.
We request personal information from you (which may include name, address, telephone number, and e-mail address) when you contact us, register for an account with us, or request to receive communications.
We may track, collect, and analyze anonymous site traffic information in aggregate, such as statistics of which areas within our website our users visit. When you visit the NS&FI’s website, our server may also collect your Internet domain and IP address. We use this information as anonymous aggregate data that helps us develop and monitor our performance and track trends and statistics to improve your site experience. We may provide this aggregated, non-personally identifiable information to other companies for purposes such as reporting and marketing.
As necessary, we need to share your information with trusted third-party companies that assist us in managing our operations. For these purposes, we may transfer information between NS&FI and our preferred service providers who use that information to conduct NS&FI’s business. We provide our preferred service providers with the information they need to perform their services and ensure that they protect your information at a level consistent with our standards. We require that third parties hold this information we provide in the strictest confidence.
We provide articles and information, and transact business with clients off of the website after initial sign up. No transactions are handled on the website directly; they are processed externally via PayPal or Intuit QuickBooks.
This web site may contain links to other sites which may take you away from our site. Please be aware that NS&FI is not responsible for the privacy practices or information-gathering practices of other sites.
On rare occasions, we may disclose specific information upon governmental request, in response to a court order, in response to a request from a law enforcement agency, when required by law, to enforce our website policies, or to protect our or others rights, property, or safety. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
We also use Google Analytics Demographic and Interest Reporting in order to track and analyze statistical information (Using the Ads Settings, you can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads).
Protecting your child’s privacy
Even though our Website is not designed for use by anyone under the age of 18 (child), we realize that a child may attempt to access our Website. We do not knowingly collect your information from a child. If you are a parent or guardian and believe your child is using our Website, please contact us. We may ask for proof of identification before we remove any information to prevent malicious removal of account information. If we discover on our own that a child is accessing our Website, we will delete the information as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. You acknowledge that we do not verify the age of our users nor do we have any liability to do so. If you are a child, please seek the permission of a parent or guardian before accessing our Website.
Steps NS&FI takes to safeguard your information
When you submit sensitive information via our website, your information is protected both online and offline. We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of personally identifiable information transmitted to us on our website.
To unsubscribe from receiving our e-mails, please follow the instructions at the bottom of any promotional NS&FI’s e-mail you receive. If you have unsubscribed from any NS&FI’s communications, due to production schedules, you may receive communications already in production.
If you request your account registration information be deleted or if you unsubscribe from communications, we will maintain information about transactions or inquiries for future service and record keeping purposes.
What happens to your information in the event that Northwest Storage & Fulfillment Inc. is sold or transferred?
In the event that Northwest Storage & Fulfillment Inc. is sold, or substantially all of its assets are acquired, your information may be one of the transferred assets.