Common use of General Lien Clause in Contracts

General Lien. 10.1 The Goods are accepted subject to a general lien for all charges now due or that may become due to the Carrier by the Consignor on any account whatsoever, whether in respect of the Goods or in respect of any other goods for which the Carrier provides or has provided services of Carriage. 10.2 If charges are not paid when due, or the Goods are not collected when so required or designated, the Carrier may, without notice, and immediately: (a) remove all or any of the Goods and store them as the Carrier thinks fit at the Consignor’s risk and expense; (b) open and sell all or any of the Goods as the Carrier thinks fit (whether by private treaty or public auction) and apply the proceeds to discharge the lien and costs of sale without being liable to any Person for any loss or damage caused. 10.3 The parties agree that the lien attaches to Goods when the Goods are accepted by the Carrier for Carriage. 10.4 The Consignor agrees that the lien arising under these Conditions of Carriage is a security interest. 10.5 If the Carrier requests, then the Consignor must promptly upon receipt of a request from the Carrier do anything for the purposes of ensuring that any security interest created under, or provided for by, these Conditions of Carriage is enforceable, perfected (including but not limited to perfection by registration), maintained and is otherwise effective. Anything that is required by the Consignor to be done under this clause will be done by the Consignor at its own expense. The Consignor agrees to reimburse the costs of the Carrier in connection with any action taken by the Carrier under or in connection with this clause. 10.6 The parties agree that, to the extent permitted by the PPSA: (a) sections 125, 142 and 143 of the PPSA do not apply (unless the Consignor is otherwise notified in writing by the Carrier); (b) any right to receive a notice or statement arising by virtue of sections 129, 130, 132, 134 and 135 of the PPSA is waived; and (c) any right to receive a copy or any notice of any verification statement confirming registration of a financing statement or a financing change statement relating to any security interest under or provided for by these Conditions of Carriage is waived.

Appears in 4 contracts

Samples: Conditions of Carriage & Storage, Conditions of Carriage, Conditions of Carriage

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General Lien. 10.1 9.1 The Goods are accepted subject to a general lien for all charges now due or that may become due to the Carrier by the Consignor on any account whatsoever, whether in respect of the Goods or in respect of any other goods for which the Carrier provides or has provided services of Carriage. 10.2 9.2 If charges are not paid when due, or the Goods are not collected when so required or designated, the Carrier may, without notice, and immediately: (a) remove all or any of the Goods and store them as the Carrier thinks fit at the Consignor’s risk and expense; (b) open and sell all or any of the Goods as the Carrier thinks fit (whether by private treaty or public auction) and apply the proceeds to discharge the lien and costs of sale without being liable to any Person for any loss or damage caused. 10.3 9.3 The parties agree that the lien attaches to Goods when the Goods are accepted by the Carrier for Carriage. 10.4 9.4 The Consignor agrees that the lien arising under these Conditions of Carriage is a security interest. 10.5 9.5 If the Carrier requests, then the Consignor must promptly upon receipt of a request from the Carrier do anything for the purposes of ensuring that any security interest created under, or provided for by, these Conditions of Carriage is enforceable, perfected (including but not limited to perfection by registration), maintained and is otherwise effective. Anything that is required by the Consignor to be done under this clause will be done by the Consignor at its own expense. The Consignor agrees to reimburse the costs of the Carrier in connection with any action taken by the Carrier under or in connection with this clause. 10.6 9.6 The parties agree that, to the extent permitted by the PPSA: (a) sections 125, 142 and 143 of the PPSA do not apply (unless the Consignor is otherwise notified in writing by the Carrier); (b) any right to receive a notice or statement arising by virtue of sections 129, 130, 132, 134 and 135 of the PPSA is waived; and (c) any right to receive a copy or any notice of any verification statement confirming registration of a financing statement or a financing change statement relating to any security interest under or provided for by these Conditions of Carriage is waived.

Appears in 2 contracts

Samples: Conditions of Carriage, Conditions of Carriage

General Lien. 10.1 11.1 The Goods are accepted subject to a general lien for all charges now due or that may become due to the Carrier by the Consignor Customer on any account whatsoever, whether in respect of the Goods or in respect of any other goods for which the Carrier provides or has provided services of Carriage. 10.2 11.2 If charges are not paid when due, or the Goods are not collected when so required or designated, the Carrier may, without notice, and immediately: (a) remove all or any of the Goods and store them as the Carrier thinks fit at the ConsignorCustomer’s risk and expense;; and (b) open and sell all or any of the Goods as the Carrier thinks fit (whether by private treaty or public auction) and apply the proceeds to discharge the lien and costs of sale without being liable to any Person for any loss or damage caused. 10.3 11.3 The parties agree that the lien attaches to Goods when the Goods are accepted by the Carrier for Carriage. 10.4 11.4 The Consignor Customer agrees that the lien arising under these Conditions of Carriage is a security interest. 10.5 11.5 If the Carrier requests, then the Consignor Customer must promptly upon receipt of a request from the Carrier do anything for the purposes of ensuring that any security interest created under, or provided for by, these Conditions of Carriage is enforceable, perfected (including but not limited to perfection by registration), maintained and is otherwise effective. Anything that is required by the Consignor Customer to be done under this clause will be done by the Consignor Customer at its own expense. The Consignor Customer agrees to reimburse the costs of the Carrier in connection with any action taken by the Carrier under or in connection with this clause. 10.6 11.6 The parties agree that, to the extent permitted by the PPSA: (a) sections 125, 142 and 143 of the PPSA do not apply (unless the Consignor Customer is otherwise notified in writing by the Carrier); (b) any right to receive a notice or statement arising by virtue of sections 129, 130, 132, 134 and 135 of the PPSA is waived; and (c) any right to receive a copy or any notice of any verification statement confirming registration of a financing statement or a financing change statement relating to any security interest under or provided for by these Conditions of Carriage is waived.

Appears in 2 contracts

Samples: Transportation Agreement, Conditions of Carriage

General Lien. 10.1 The Goods are accepted subject to a general lien for all charges now due or that may become due to the Carrier by the Consignor Customer on any account whatsoever, whether in respect of the Goods or in respect of any other goods for which the Carrier provides or has provided services of Carriage. 10.2 If charges are not paid when due, or the Goods are not collected when so required or designated, the Carrier may, without notice, and immediately: (a) remove all or any of the Goods and store them as the Carrier thinks fit at the ConsignorCustomer’s risk and expense; (b) open and sell all or any of the Goods as the Carrier thinks fit (whether by private treaty or public auction) and apply the proceeds to discharge the lien and costs of sale without being liable to any Person for any loss or damage caused. 10.3 The parties agree that the lien attaches to Goods when the Goods are accepted by the Carrier for Carriage. 10.4 The Consignor Customer agrees that the lien arising under these Conditions of Carriage is a security interest. 10.5 If the Carrier requests, then the Consignor Customer must promptly upon receipt of a request from the Carrier do anything for the purposes of ensuring that any security interest created under, or provided for by, these Conditions of Carriage is enforceable, perfected (including but not limited to perfection by registration), maintained and is otherwise effective. Anything that is required by the Consignor Customer to be done under this clause will be done by the Consignor Customer at its own expense. The Consignor Customer agrees to reimburse the costs of the Carrier in connection with any action taken by the Carrier under or in connection with this clause. 10.6 The parties agree that, to the extent permitted by the PPSA: (a) sections 125, 142 and 143 of the PPSA do not apply (unless the Consignor Customer is otherwise notified in writing by the Carrier); (b) any right to receive a notice or statement arising by virtue of sections 129, 130, 132, 134 and 135 of the PPSA is waived; and (c) any right to receive a copy or any notice of any verification statement confirming registration of a financing statement or a financing change statement relating to any security interest under or provided for by these Conditions of Carriage is waived.

Appears in 1 contract

Samples: Conditions of Carriage

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General Lien. 10.1 9.1 The Goods are accepted subject to a general lien for all charges now due or that which may hereafter become due to the Carrier by the Consignor Customer on any account whatsoever, whether in respect of the Goods comprised herein, or in respect of any other goods for which the Carrier provides or has provided services of Carriage. 10.2 9.2 If charges are not paid when due, or the Goods are not collected when so required or designated, the Carrier may, without notice, and immediately:immediately:- (a) 9.2.1 remove all or any of the Goods and store them as the Carrier thinks fit at the ConsignorCustomer’s risk and expense; (b) 9.2.2 open and sell all or any of the Goods as the Carrier thinks fit (whether by private treaty or public auction) and apply the proceeds to discharge the lien and costs of sale without being liable to any Person for any loss or damage caused. 10.3 9.3 The parties agree that the lien attaches to Goods when the Goods are accepted by the Carrier for Carriage. 10.4 9.4 The Consignor Customer agrees that the lien arising under these Conditions of Carriage and Storage is a security interest. 10.5 9.5 If the Carrier requests, then the Consignor Customer must promptly upon receipt of a request from the Carrier do anything for the purposes of ensuring that any security interest created under, or provided for by, these Conditions of Carriage and Storage is enforceable, perfected (including but not limited to perfection by registration), maintained and is otherwise effective. Anything that is required by the Consignor Customer to be done under this clause will be done by the Consignor Customer at its own expense. The Consignor Customer agrees to reimburse the costs of the Carrier in connection with any action taken by the Carrier under or in connection with this clause. 10.6 9.6 The parties agree that, to that to the extent permitted by the PPSA: (a) 9.6.1 sections 125, 142 and 143 of the PPSA do not apply (unless the Consignor Customer is otherwise notified in writing by the Carrier); (b) 9.6.2 any right to receive a notice or statement arising by virtue of sections 129, 130, 132, 134 and 135 of the PPSA is hereby waived; and (c) 9.6.3 any right to receive a copy of, or any notice of of, any verification statement confirming registration of a financing statement or a financing change statement relating to any security interest under under, or provided for for, by these Conditions of Carriage and Storage is hereby waived.

Appears in 1 contract

Samples: Transportation Agreement

General Lien. 10.1 The Goods are accepted subject to a general lien for all charges now due or that may become due to the Carrier by the Consignor Customer on any account whatsoever, whether in respect of the Goods or in respect of any other goods for which the Carrier provides or has provided services of Carriage. 10.2 If charges are not paid when due, or the Goods are not collected when so required or designated, the Carrier may, without notice, and immediately: (a) remove all or any of the Goods and store them as the Carrier thinks fit at the ConsignorCustomer’s risk and expense; (b) open and sell all or any of the Goods as the Carrier thinks fit (whether by private treaty or public auction) and apply the proceeds to discharge the lien and costs of sale without being liable to any Person for any loss or damage caused. 10.3 The parties agree that the lien attaches to Goods when the Goods are accepted by the Carrier for Carriage. 10.4 The Consignor Customer agrees that the lien arising under these Conditions of Carriage is a security interest. 10.5 If the Carrier requests, then the Consignor Customer must promptly upon receipt of a request from the Carrier do anything for the purposes of ensuring that any lien or security interest created under, or provided for by, these Conditions of Carriage is enforceable, perfected (including but not limited to perfection by registration), maintained and is otherwise effective. Anything that is required by the Consignor Customer to be done under this clause will be done by the Consignor Customer at its own expense. The Consignor Customer agrees to reimburse the costs of the Carrier in connection with any action taken by the Carrier under or in connection with this clause. 10.6 The parties agree that, to the extent permitted by the PPSA: (a) sections 125, 142 and 143 of the PPSA do not apply (unless the Consignor Customer is otherwise notified in writing by the Carrier); (b) any right to receive a notice or statement arising by virtue of sections 129, 130, 132, 134 and 135 of the PPSA is waived; and (c) any right to receive a copy or any notice of any verification statement confirming registration of a financing statement or a financing change statement relating to any security interest under or provided for by these Conditions of Carriage is waived.

Appears in 1 contract

Samples: Conditions of Carriage

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