Jetco Warehouse Terms & Conditions

3.1. Customer shall identify Customer as the named consignee  on all goods shipped to the Warehouse. Customer shall not ship  goods to or from the Warehouse naming Jetco as the consignee on  a bill of lading or other shipment document. Customer agrees to  notify motor carriers that Jetco is providing warehousing services  and notify motor carriers of the actual consignee.  

3.2. If goods which name Jetco as consignee are inadvertently  shipped and accepted, Customer shall immediately notify Jetco and  the motor carrier in writing that Jetco is the “in care of party” only  and has no beneficial title or interest in Customer’s goods.  

 

3.3. Customer shall not cause, or allow, Jetco to be named,  labeled, or indicated as “Shipper” or other like title under any  agreement, without Warehouseman’s prior written consent. 

 

3.4. If goods which name Jetco as “Shipper” or other like title  are inadvertently shipped and accepted, Customer shall  immediately notify Jetco and the motor carrier in writing that Jetco is the “in care of party” only and has no beneficial title or interest  in Customer’s goods.CUSTOMER SHALL INDEMNIFY AND  HOLD HARMLESS JETCO FROM ANY AND ALL CLAIMS  FOR UNPAID TRANSPORTATION CHARGES RELATED TO  CUSTOMER’S GOODS, OF ANY KIND WHATSOEVER AND  TO WHOMEVER OWED, INCLUDING DETENTION,  DEMURRAGE, AND ALL OTHER CHARGES, WITHOUT  REGARD TO WHETHER JETCO WAS NAMED CONSIGNEE  OR WHETHER JETCO KNEW OR SHOULD HAVE KNOWN  IT WAS THE NAMED CONSIGNEE ON A BILL OF LADING  OR OTHER SHIPPING DOCUMENT. 

 

3.5. All goods shall be shipped freight prepaid by and arranged  by Customer. Jetco shall not be liable for freight charges with Terms and Conditions, price quotes and/or related warehouse  receipts be considered a contract of carriage and Customer hereby  agrees that Jetco shall not be considered a motor carrier or freight  forwarder when performing services subject to these Terms. 

3.6. In the event that Warehouseman is alleged to owe freight  charges with respect to any transaction involving Customer: CUSTOMER SHALL INDEMNIFY, DEFEND AND  HOLD HARMLESS JETCO; ITS AFFILIATES  (“AFFILIATES” AND “AFFILIATE” IS DEFINED AS  ANOTHER ORGANIZATION OR PARTNERSHIP WITH  COMMON OWNERSHIP, MANAGEMENT, FACILITIES,  EMPLOYEES, EQUIPMENT OR INTERESTS) ITS OTHER  CUSTOMERS; AND JETCO’S, ITS AFFILIATES’, AND ITS  OTHER CUSTOMERS’ TRUSTEES, OFFICERS,  DIRECTORS, EMPLOYEES, AND AGENTS, (JETCO GROUP) OF THE ABOVE-MENTIONED ENTITIES FROM  ANY AND ALL CLAIMS FOR UNPAID  TRANSPORTATION CHARGES RELATED TO  CUSTOMER’S GOODS, OF ANY KIND WHATSOEVER  AND TO WHOMEVER OWED, INCLUDING, BUT NOT  LIMITED TO, FREIGHT CHARGES. THIS PROVISION  SHALL TAKE EFFECT WITHOUT REGARD TO  WHETHER JETCO OR CUSTOMER KNEW OR  REASONABLY SHOULD HAVE KNOWN THAT JETCO WOULD BE PRESENTED WITH SUCH CHARGES. 

4. Tender of Goods for Storage.

4.1. Customer shall deliver all goods for storage at the  Warehouse properly marked and packaged for handling, storage  and movement of the goods.  

4.2. Customer shall furnish at or prior to such delivery, a  manifest showing marks, brands, or sizes to be kept and accounted  for separately, and the class of storage and other services desired.  Otherwise the goods may be stored in bulk or assorted lots in  general storage at the discretion of Jetco and charges for such  storage will be made at the applicable storage rate. 

4.3. Receipt and delivery of all or any unit of a lot shall be  made without subsequent sorting except as agreed by Jetco and  subject to a charge. 

4.4. Jetco shall store and deliver goods only in the packages in  which they are originally received unless otherwise agreed to in  writing. 

4.5. Jetco shall not be responsible for segregating goods by  production code date unless specifically agreed to in writing. 4.6. Copper shall not be stored on Jetco’s premises  without Jetco’s express written consent. 

5. Storage Charges.

5.1. Jetco shall invoice Customer according to the Rate  Confirmation or as otherwise quoted by Jetco or agreed in writing.  Additionally, any rates, which may be verbally agreed upon, shall be deemed confirmed in writing where Jetco has billed the rate and  Customer has paid it. All written confirmations of rates, including  confirmations by billing and payment, shall be incorporated herein  by this reference. 

5.2. Customer shall pay Jetco storage charges and the charges  for any additional services within 30 days of the invoice date  without deduction or setoff. 

5.3. Dunnage, bracing, packing materials or other special  supplies may be provided by Jetco for Customer at a charge in  addition to Jetco’s cost as agreed to in writing or at the billed rate. 

5.4. Storage charges include the ordinary labor involved in  receiving goods at the door of the Warehouse. Any additional labor  requested will be charged by Jetco to Customer. 

5.5. Storage charges do not include bonded storage. An  additional charge may apply if Jetco agrees to store any goods in  bond. If a warehouse receipt covers goods in U.S. Customs bond,  such receipt shall be void upon the termination of the storage period  fixed by law. 

5.6. Customer may not offset claims for loss or damage to  goods against amount owed to Jetco unless otherwise agreed to in  writing. 

5.7. Jetco reserves the right to adjust rates for warehousing,  storage and affiliated services in its discretion, with 30 days’  advance written notice.  

5.8. Should Customer stop doing business or reduce its  business with Jetco below levels agreed upon between the parties,  Customer shall be liable for all unrecoverable contractually  obligated charges for the agreed upon term. 

5.9. Jetco may submit invoices through its affiliate and such  administrative functions shall not alter Jetco’s role beyond storage  of goods, make Jetco liable for its affiliates’ conduct, make Jetco’s  affiliates liable for Jetco’s conduct, or establish any kind of joint  liability between Jetco and its affiliates. 

 

6. Transfer. Instructions to transfer goods on the books of Jetco  are not effective until delivered to and received by Jetco, and all  charges up to the time transfer is made are chargeable to the  Customer of record. If a transfer involves re-handling the goods,  such re-handling will be subject to charges at Jetco’s standard rates. 

7. Termination of Storage. Jetco may at any time require the  removal of any goods by the end of the next succeeding calendar  month by proving written notice to Customer. If goods are not  removed before the end of the next succeeding calendar month,  Jetco may dispose of the goods in accordance with applicable law. 
8. Handling of Goods.

8.1. Jetco shall provide the ordinary labor involved in  receiving goods at the door of the Warehouse, placing goods in  storage, and returning goods to the warehouse door for delivery.  Customer shall pay Jetco for services requested other than ordinary  handling and storage as agreed to in writing by Jetco or at the billed  rate.  

8.2. Customer shall pay Jetco for Jetco’s additional expenses  in receiving and returning damage goods and loading or unloading  goods at a place other than the warehouse door. 

8.3. Jetco shall not be required to store goods in a humidity controlled or temperature-controlled environment. 

8.4. Customer may be charged an Escort Fee if Customer’s  access to Jetco’s premises requires that Jetco personnel escort  Customer. 

8.5. IF JETCO ALLOWS CUSTOMER OR CUSTOMER’S  CONTRACTOR TO USE ANY OF JETCO’S EQUIPMENT FOR  ANY REASON, CUSTOMER ACKNOWLEDGES THAT  CUSTOMER ACCEPTS ALL RISK AND RESPONSIBILITY OF  DAMAGE TO PROPERTY AND INJURY TO PERSONS  ARISING FROM SUCH USE. CUSTOMER SHALL ENSURE  THAT ANY PERSON USING JETCO’S EQUIPMENT SHALL  BE QUALIFIED AND CERTIFIED, AS APPLICABLE, TO  OPERATE THE EQUIPMENT IN THE CONDITIONS  PRESENTED. CUSTOMER SHALL INDEMNIFY, DEFEND,  AND HOLD HARMLESS JETCO FROM ANY CLAIM  ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE  ARISING FROM CUSTOMER OR ITS CONTRACTOR’S USE  OF JETCO’S EQUIPMENT, EVEN IF SUCH CLAIM, ACTION,  LOSS, LIABILITY, OR REASONABLE EXPENSES IS  CAUSED IN WHOLE OR IN PART BY A PRE-EXISTING  DEFECT. 

8.6. Jetco shall not be liable for damages to Customer’s and  Customer’s contractors’ loading, unloading, packaging and related  equipment and materials or damages to person or property arising  from use of such equipment and materials, except to the extent of  Jetco’s proportionate fault. CUSTOMER SHALL INDEMNIFY,  DEFEND, AND HOLD HARMLESS JETCO FROM ANY  CLAIM ACTION, LOSS, LIABILITY, OR REASONABLE  EXPENSE ARISING FROM SUCH EQUIPMENT OR  MATERIALS OR THE USE THEREOF, EXCEPT TO THE  EXTENT OF JETCO’S PROPORTIONATE FAULT. 

8.7. Notwithstanding anything in this Agreement to the  contrary, Jetco is not responsible nor have any role, responsibility  or liability in the securement of cargo for transportation, nor shall  Jetco be responsible for the inspection or approval of securement  by any motor carrier transporting the cargo from the facility.

 

9. Release

9.1. No goods shall be released or transferred except upon  receipt by Jetco of complete written instructions. However, when  no negotiable receipt is outstanding, goods may be released upon  instruction by telephone, but Jetco shall not be responsible for loss  or error occasioned thereby. 

9.2. Customer shall afford Jetco a reasonable time to release  goods and shall afford Jetco at least 10 business days after receipt  of a delivery order to locate any misplaced goods. If Jetco has  exercised reasonable care and is unable, due to causes beyond its  control, to release goods before expiration of the current storage  period, the goods will be subject to storage charges for each  succeeding storage period. If Jetco is unable to release goods  because of acts of God, war, public enemies, seizure under legal process, strikes, lockouts, riots and civil commotions, other force  majeure causes, or any reason beyond Jetco’s control, or because  of loss or destruction of goods for which Jetco is not liable, or  because of any other excuse provided by law, Jetco shall not be  liable for failure to release the goods and the goods remaining in  storage will continue to be subject to regular storage charges. 

9.3. All instructions and requests for release or transfer of title  are received subject to satisfaction of all charges, liens and security  interests of Jetco with respect to the goods whether for accrued  charges, advances, or otherwise.

9.4. Jetco may require, as a condition precedent to release, a  statement from Customer holding Jetco harmless from claims of  others asserting a superior right to Customer to possession of the  goods. Nothing herein shall prevent Jetco from exercising any other  remedy available to it under the law to resolve conflicting claims  to possession of the goods. All costs, including attorney’s fees,  incurred by Jetco relating to Jetco’s activities referred to in this  subsection may be charged to Customer and shall be subject to  Jetco’s lien described herein. 

10. Jetco’s Limited Liability.

10.1. JETCO SHALL NOT BE LIABLE FOR ANY LOSS  OR INJURY TO GOODS STORED HOWEVER CAUSED  UNLESS SUCH LOSS OR INJURY RESULTED FROM THE  FAILURE BY JETCO TO EXERCISE SUCH CARE IN  REGARD TO THEM AS A REASONABLY CAREFUL  WAREHOUSE WOULD EXERCISE UNDER LIKE  CIRCUMSTANCES AND JETCO IS NOT LIABLE FOR  DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY  THE EXERCISE OF SUCH CARE. JETCO AND CUSTOMER  AGREE THAT JETCO’S DUTY OF CARE DOES NOT  EXTEND TO PROVIDING A SPRINKLER SYSTEM AT THE  WAREHOUSE OR ANY PORTION THEREOF. 

10.2. JETCO SHALL NOT BE LIABLE IN CONTRACT,  TORT, OR OTHERWISE FOR INCIDENTAL, SPECIAL,  CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES  IN CONNECTION WITH ITS PERFORMANCE UNDER  THESE TERMS, INCLUDING WITHOUT LIMITATION, LOST  PROFITS AND LOST OPPORTUNITY, EVEN IF SUCH  DAMAGES WERE REASONABLY FORESEEABLE AND  EVEN IF JETCO WAS NOTIFIED OF THE POSSIBILITY OF  SUCH DAMAGES AND EVEN IF SUCH CLAIM, ACTION,  LOSS, LIABILITY, OR REASONABLE EXPENSES IS  CAUSED IN WHOLE OR IN PART BY A PRE-EXISTING  DEFECT, THE NEGLIGENCE (WHETHER SOLE, JOINT OR  CONCURRENT), GROSS NEGLIGENCE, STRICT LIABILITY  OR OTHER LEGAL FAULT OF JETCO (OR ANY SUCH  INDEMNITEE). 

10.3. IN THE EVENT OF LOSS, DAMAGE OR  DESTRUCTION TO GOODS FOR WHICH JETCO IS  LEGALLY LIABLE, CUSTOMER AGREES THAT JETCO’S  MAXIMUM LIABILITY SHALL BE $2.50 PER POUND FOR  THE ACTUAL WEIGHT OF THE DAMAGED OR LOST  PORTION OF THE GOODS, SUBJECT TO A MAXIMUM  LIABILITY OF $100,000.00. CUSTOMER MAY, HOWEVER,  REQUEST AN INCREASE TO THE MAXIMUM LIABILITY  OF JETCO BY: A.) SUBMITTING A WRITTEN REQUEST FOR  A HIGHER MAXIMUM LIABILITY BEFORE THE GOODS ARE TENDERED TO JETCO, B.) PAYING AN ADDITIONAL  CHARGE BASED ON THE INCREASED MAXIMUM  LIABILITY, AND C.) OBTAINING WRITTEN  CONFIRMATION OF THE HIGHER MAXIMUM LIABILITY  FROM THE PRESIDENT OF JETCO. THIS MAXIMUM  LIABILITY APPLIES TO THE AGGREGATE OF ALL OF  CUSTOMER’S GOODS STORED BY JETCO AT ANY GIVEN TIME. IN THE EVENT JETCO’S MAXIMUM LIABILITY IS  INCREASED ABOVE $100,000.00, UNDER NO  CIRCUMSTANCES SHALL JETCO’S LIABILITY EXCEED  

THE AMOUNT AVAILABLE TO COVER THE LOSS OR  DAMAGE UNDER JETCO’S WAREHOUSE LEGAL  INSURANCE POLICY AND IS SUBJECT TO THE  CONDITIONS, THEN EXISTING COVERAGE LIMITS, AND  AMOUNT REMAINING UNDER THE POLICY FOR  COVERAGE. 

10.4. JETCO’S MAXIMUM LIABILITY REFERRED TO  ABOVE SHALL BE CUSTOMER’S EXCLUSIVE REMEDY  AGAINST JETCO OR ANY OF ITS AFFILIATES,  EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES  AND INSURERS FOR ANY CLAIM OR CAUSE OF ACTION  WHATSOEVER RELATING TO LOSS, DAMAGE AND/OR  DESTRUCTION OF GOODS AND SHALL APPLY TO ALL  CLAIMS INCLUDING INVENTORY SHORTAGE AND  MYSTERIOUS DISAPPEARANCE CLAIMS UNLESS  CUSTOMER PROVES BY AFFIRMATIVE EVIDENCE THAT  JETCO CONVERTED THE GOODS TO ITS OWN USE.  CUSTOMER WAIVES ANY RIGHTS TO RELY UPON ANY  PRESUMPTION OF CONVERSION IMPOSED BY LAW.  

10.5. WHERE LOSS OR INJURY OCCURS TO STORED  GOODS, FOR WHICH JETCO IS NOT LIABLE, CUSTOMER  SHALL BE RESPONSIBLE 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. 

11. Indemnification by Customer. CUSTOMER SHALL  INDEMNIFY, DEFEND, AND HOLD JETCO, JETCO’S  AFFILIATES, LIENHOLDER, AND THEIR RESPECTIVE  AGENTS (“JETCO GROUP”) HARMLESS FROM: ANY HARM  TO OR DEATH OF ANY PERSON; ANY DAMAGE TO OR  LOSS OF PROPERTY; ANY ENVIRONMENTAL DAMAGE  INCLUDING SPILLS AND POLLUTION; AND ANY  RESULTING OR RELATED CLAIM, ACTION, LOSS,  LIABILITY, OR REASONABLE EXPENSE, INCLUDING  ATTORNEY'S FEES AND OTHER FEES AND COURT AND  OTHER COSTS ARISING FROM CUSTOMER’S ACTS OR  OMISSIONS RELATED TO THESE TERMS, EXCEPT TO THE  EXTENT OF JETCO GROUP’S PROPORTIONATE FAULT.  THE INDEMNITY CONTAINED IN THIS PARAGRAPH: (A)  IS INDEPENDENT OF CUSTOMER’S INSURANCE  OBLIGATIONS UNDER THESE TERMS AND CONDITIONS; AND (B) WILL SURVIVE THE END OF THE TERM. THESE  DEFENSE, INDEMNIFICATION, AND HOLD HARMLESS  REQUIREMENTS SHALL APPLY WHERE CUSTOMER IS  SOLELY AT FAULT; THESE DEFENSE, INDEMNIFICATION,  AND HOLD HARMLESS REQUIREMENTS SHALL ALSO  APPLY WHERE THE PARTIES ARE CONCURRENTLY  NEGLIGENT OR AT FAULT, INCLUDING WHERE JETCO  GROUP IS PARTIALLY AT FAULT. 

12. Insurance.

12.1. Customer shall maintain the following insurance policies, at Customer’s sole cost and expense, with at least the  coverages described below:  

12.1.1. Comprehensive General Liability Insurance, including contractual liability coverage, and bodily injury and property damage coverage, with limits of no less than  $2,000,000.00 per occurrence, or the amount required by law,  whichever is higher;

12.1.2. Worker's Compensation Insurance or  Occupational Disease Insurance, and Employer's Liability  Insurance with limits of no less than $1,000,000.00, or the amount  required by law, whichever is higher, for accidents or occupational  disease covering all work related to Customer’s business; and 

12.1.3. Commercial Auto Liability Insurance, with a  combined single limit of no less than $1,000,000.00 to injuries to  any person or for damages to property in any one occurrence. 

12.2. Customer shall furnish to Jetco Certificates of  Insurance, signed by its insurance carriers, evidencing the  insurance required in these Terms. The insurance policies as  evidence by the Certificate of Insurance must provide: 

12.2.1. Inclusion of Jetco as additional insured in  Customer’s General Liability, and all other applicable third party  liability insurance; 

12.2.2. Waiver of subrogation in favor of Jetco in  Customer’s Workers’ Compensation, Employers’ Liability,  General Liability; 

12.2.3. The policies and insurance coverage  referenced above shall be primary to any other coverage in favor of  Jetco; 

12.2.4. The policies and insurance certificates shall  provide coverage in those territories as may be applicable to the  location where the services will be performed; and 

12.2.5. 30 days' prior written notice will be given to  Jetco in the event of cancellation, suspension, or material change in  the policy to which it relates. 

12.3. Failure of Jetco to demand a certificate of insurance or  failure of Jetco to identify a deficiency in the Customer’s  Certificate of Insurance shall not be construed as a waiver of  Customer’s obligation to maintain such insurance. The insurance  requirements contained herein shall in no way limit Customer’s  liability or responsibility under these Terms & Conditions nor shall  they be construed to be the ultimate types and amounts of insurance  Customer should maintain to adequately insure itself. 

13. Jetco’s Lien and Security Interest. To secure Customer’s  performance under these Terms, Customer grants to Jetco a lien and  security interest against all of Customer’s non-exempt personal  property that is in or on the Warehouse. This is a security agreement  for the purposes of the Uniform Commercial Code and Jetco may  file a financing statement to perfect Jetco’s security interest under  the Uniform Commercial Code. In addition to the charges  described herein, Customer shall be liable for any and all expenses  Jetco incurs to sell or dispose of the goods, including, but not  limited to, attorney fees, transportation costs, administrative costs,  and expenses necessary for the preservation of the goods. 

14. Jetco’s Access Requirements. Customer shall comply with, execute and cause each of Customer’s employees, contractors, and  invitees to comply with and execute the Jetco Access Requirements  and furnish the executed the Jetco Access Requirements to Jetco  before Customer’s employees, contractors, or invitees access the  premises. Customer understands and agrees that no employee,  contractor, or invitee of Customer will be allowed to access the  property until and unless the Jetco Access Requirements have been  executed and it is a condition precedent to the access of the  premises that Customer’s employees, contractors, and invitees  execute the Jetco Access Requirements. 

CUSTOMER’S FAILURE TO REQUIRE AND CAUSE EACH  OF CUSTOMER’S EMPLOYEES, CONTRACTORS, OR  INVITEES THAT ENTER JETCO’S PROPERTY TO EXECUTE  THE JETCO ACCESS REQUIREMENTS SHALL NOT  CONSTITUTE A WAIVER BY JETCO GROUP OF THE  RIGHTS AND REMEDIES CONTAINED IN THESE TERMS  AND CONDITIONS AND THE JETCO ACCESS  REQUIREMENTS. CUSTOMER SHALL DEFEND AND  INDEMNIFY JETCO GROUP FOR ANY CLAIMS OR  DAMAGES INCURRED BY JETCO GROUP THAT JETCO  GROUP WOULD NOT HAVE OTHERWISE INCURRED HAD  CUSTOMER FULFILLED THE TERMS IN THIS SECTION. 

The indemnity obligations under these Terms are effective to the  maximum extent permitted by law. If a law is applied in a  jurisdiction which prohibits or limits Customer’s ability to  indemnify Jetco, then Customer’s liability and indemnification  obligation shall exist to the fullest extent allowed by the law of the  relevant jurisdiction.

15. Notice of Claims.

15.1. It is a condition precedent to recovery on any claim  against Jetco that Customer shall present all claims for loss or  damage to goods to Jetco in writing within 91 days after delivery  or the expected delivery date of the goods underlying the claims.  Customer agrees that any claims for which notice is not provided  to Jetco within 91 days are waived. 

15.2. Customer may only maintain an action by Customer or  others against Jetco for loss or damage to goods if said action is  commenced within 2 years after delivery or the expected delivery  date of the goods underlying the action. 

15.3. As a condition precedent to making any claim and/or  filing any suit, Customer shall provide Jetco a reasonable  opportunity to inspect the goods which form the basis of  Customer’s claim and/or suit. 

16. Customer’s Representations.

16.1. Customer represents and warrants that Customer has  lawful possession of the goods and has the right and authority to  tender those goods to Jetco. Customer agrees to indemnify and hold  harmless Jetco from all loss, cost and expense (including  reasonable attorneys' fees) which Jetco pays or incurs as a result of  any dispute or litigation, whether instituted by Jetco 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  Jetco’s lien. 

16.2. Customer represents and warrants that the information  concerning the goods it provides Jetco will be accurate, complete  and sufficient to comply with all laws and regulations concerning the storage, handling, and transporting of the goods, and Customer  shall indemnify and hold Jetco harmless from all loss, cost, penalty  and expense (including reasonable attorneys’ fees) which Jetco  pays or incurs as a result of Customer’s failure to comply with this  provision. 

17. Warehouse Receipt. Any warehouse receipt issued by Jetco  in connection with these Terms will be non-negotiable and will  describe the goods as described by Customer. A warehouse receipt,  if issued by Jetco, may be issued in either physical or electronic  form at Jetco’s option.
    
    
18. Force Majeure. Jetco shall not be liable for failure to perform  any of its obligations which are prevented by, or any damage to  Customer’s goods caused by, fire, flood, hurricane, storm, weather related incidents, or other natural disaster, war, embargo, riot, civil  disobedience, or the intervention of any government authority, or  any other cause outside of the reasonable control of Jetco. 
19. Governing Law; Venue. These Terms shall be subject to and  governed by the laws of the State of Texas, without regard to  choice-of-law principles and irrespective of the fact that one or  more of the parties may be or may become a resident of a different  state. The parties agree that any and all disputes under these Terms shall be filed in the appropriate county, state and federal courts  located within Harris County, Texas.
20. Abandoned Property. Jetco may retain, destroy, or dispose of  any property left on the Premises after termination of these Terms by providing 60 days’ written notice to Customer by certified mail  at Customer’s last known address. 

21. Non-Waiver. The failure or refusal of either party to insist  upon the strict performance of any provision of these Terms, or to  exercise any right in any one or more instances or circumstances  shall not be construed as a waiver or relinquishment of such  provision or right, nor shall such failure or refusal be deemed a  customary practice contrary to such provision or right. 
22. Severability. If any provision in these Terms is held to be  unenforceable the parties intend and request that the provision be  reformed and replaced with a provision as close as the parties’  original intent as permitted by law, and that as much of these Terms remain in effect as permitted by law.

Jetco Warehouse, LLC Terms & Conditions Page  Revised September 2021