Port of Palm
Cold Storage

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Terms of Service

Terms and conditions for using our services

Last Updated: December 1, 2024

Welcome to Port of Palm Cold Storage, Inc. ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website portofpalmcoldstorage.com and our cold storage and logistics services.

Please read these Terms carefully before using our website or services. By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the website or use our services.

1. Acceptance of Terms

By accessing and using this website and our services, you accept and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

2. Description of Services

Port of Palm Cold Storage, Inc. provides temperature-controlled warehousing, refrigerated transportation, inventory management, and related logistics services. Our services include but are not limited to:

  • Cold storage solutions
  • Transportation and logistics
  • Cross-docking and handling
  • Inventory management and tracking
  • Commercial storage for businesses

3. Use of Website

3.1 Permitted Use

You may use our website for lawful purposes only. You agree not to use the website:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit or procure the sending of any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
  • To use any robot, spider, or other automatic device to access the website for any purpose

3.2 User Accounts

If you create an account on our website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Service Agreements

4.1 Quotes and Proposals

All quotes and proposals provided by us are valid for 30 days from the date of issuance unless otherwise specified. Quotes are subject to change based on service requirements, volume, and market conditions.

4.2 Service Contracts

Specific terms for cold storage and logistics services will be outlined in separate service agreements. These Terms supplement but do not replace individual service contracts.

4.3 Minimum Requirements

Certain services may have minimum volume, duration, or other requirements as specified in service agreements or quotes.

5. Payment Terms

5.1 Pricing

Prices for our services are as quoted or as specified in service agreements. We reserve the right to change our prices at any time, but changes will not affect existing service agreements.

5.2 Payment

Payment terms will be specified in service agreements. Unless otherwise agreed, payment is due within 30 days of invoice date. Late payments may be subject to interest charges and late fees.

5.3 Taxes

All prices are exclusive of applicable taxes, duties, and fees. You are responsible for paying all applicable taxes associated with your use of our services.

6. Storage and Handling

6.1 Product Acceptance

We reserve the right to refuse storage of any products that:

  • Are hazardous, illegal, or prohibited
  • Do not meet our facility requirements
  • Are not properly packaged or labeled
  • Pose a risk to other stored products or our facility

6.2 Product Condition

Products must be delivered to our facility in good condition and properly packaged. We are not responsible for damage to products that were received in damaged condition or improperly packaged.

6.3 Temperature Requirements

You must specify temperature requirements for stored products. We will maintain specified temperature ranges but are not liable for product damage if incorrect temperature requirements were provided.

7. Liability and Insurance

7.1 Limitation of Liability

To the maximum extent permitted by law, Port of Palm Cold Storage, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

Our total liability for any claim arising out of or relating to these Terms or our services shall not exceed the fees paid by you for the specific services giving rise to the claim during the twelve (12) months preceding the claim.

7.2 Insurance

We maintain appropriate insurance coverage for our operations. Clients are responsible for maintaining their own insurance coverage for stored products. We recommend that clients maintain adequate insurance for the full value of stored products.

7.3 Claims

Any claims for loss or damage must be reported to us in writing within 15 days of discovery. Failure to provide timely notice may result in denial of the claim.

8. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

  • Acts of God (hurricanes, floods, earthquakes, etc.)
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Labor disputes or strikes
  • Power outages or equipment failures
  • Pandemics or epidemics

9. Termination

9.1 Termination by Client

Clients may terminate services in accordance with the terms specified in their service agreement. Early termination may be subject to fees as outlined in the service agreement.

9.2 Termination by Company

We reserve the right to terminate services immediately if:

  • Payment is not received when due
  • Client violates these Terms or service agreements
  • Stored products pose a safety or legal risk
  • Client engages in fraudulent or illegal activities

9.3 Effect of Termination

Upon termination, client must remove all stored products within the timeframe specified in the service agreement. Products not removed may be subject to storage fees and, if applicable, disposal in accordance with applicable laws.

10. Intellectual Property

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by Port of Palm Cold Storage, Inc. and are protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any of our intellectual property without our prior written consent.

11. Indemnification

You agree to indemnify, defend, and hold harmless Port of Palm Cold Storage, Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

  • Your use of our services or website
  • Your violation of these Terms
  • Your violation of any rights of another party
  • The products you store with us

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Palm Beach County, Florida, and you consent to the jurisdiction of such courts.

12.3 Arbitration

Any dispute arising from these Terms or our services may be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, unless otherwise agreed in writing.

13. Disclaimers

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

  • The website will be uninterrupted or error-free
  • Defects will be corrected
  • The website is free of viruses or other harmful components
  • Results from using the website will meet your requirements

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of our website or services after such modifications constitutes your acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Port of Palm Cold Storage, Inc. regarding the use of our website and services.

18. Contact Information

If you have any questions about these Terms, please contact us:

Port of Palm Cold Storage, Inc.
1800 DR MARTIN LUTHER KING JR BLVD
West Palm Beach, FL 33404
Phone: +1 (815) 213-2168
Email: support@portofpalmcoldstorage.com

19. Acknowledgment

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Port of Palm Cold Storage

Your trusted partner for temperature-controlled storage and logistics solutions in West Palm Beach, Florida.

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  • 1800 DR MARTIN LUTHER KING JR BLVD
    West Palm Beach, FL 33404
  • +1 (815) 213-2168
  • support@portofpalmcoldstorage.com

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