If the consignee
refuses cargo tendered by PDS or if PDS is unable
to deliver the cargo because of fault or mistake
of Customer or the consignee, or if Customer advises
and instructs PDS to stop movement of the cargo
and to hold it in transit, PDS's liability thereafter
immediately shall be that of a warehouseman. PDS
shall (a) attempt to give Customer notice as soon
as possible if the foregoing occurs, (b) place
the cargo in public storage, if available, unless
PDS receives contrary disposition instructions
from Customer within twenty-four (24) hours, and
(c) if disposition instructions are not given
by Customer within sixty (60) days of initial
notification to Customer, PDS may offer the cargo
for public sale. In the case of perishable cargo,
PDS may dispose of the cargo at a time and in
a manner PDS deems appropriate. Customer will
be responsible for storage and other reasonable
costs PDS incurs in acting as a warehouseman.
To the extent any sale or disposal revenues exceed
the storage and other costs PDS incurs as a warehouseman,
PDS shall remit the balance to Customer. If Customer
gives PDS timely disposition instructions, PDS
shall use any commercially reasonable steps to
abide with such instructions. Customer will pay
PDS’s costs and any transportation charges for
redelivery as described below. |