All customers are advised that since they are the parties that have acquiesced to sales agreements (or conditions) with retail trading partners authorizing such chargebacks, that your company shall be liable for the resolution of any retailer chargebacks, merchandise returns, penalties, fees or deductions, that may possibly result from, or be consequential to, Universal’s efforts to perform warehousing, transportation or electronic data interchange and bar code compliance services on your company’s behalf, or in the execution of any such services.
The fees paid to the Universal companies do not include payment for the assumption of any risks by the Universal companies in providing, implementing, fulfilling or processing requested electronic data interchange (EDI), other data transference services, RFID, bar code and label applications or other aspects of retail compliance and/or specific retail trading partners routing guide adherence, compliance or performance standards.
Universal's responsibility for stored goods is as a warehouseman only, under the Uniform Commercial Code for California transactions and is specifically limited under Sec. 10 and 12 of the Standard Warehouse Terms and Conditions. Neither Universal nor its officers, subcontractors or agents shall have any liability for any loss, claims or damages, direct, indirect or consequential (including but not limited to lost profits, business interruption, loss of business information, loss of sales or lost business), chargebacks or other retailer penalties or deductions, incidental or other damages, (real or imagined), arising out of or relating to any services performed, regardless of whether any claim is based upon warranty, contract or tort.