W. Va. Code R. § 175-6-5

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 175-6-5 - Unloading and Storage
5.1. ABCC Warehouse personnel will unload all products. Carrier drivers are required to witness the unloading.
5.2. ABCC Warehouse personnel will complete a warehouse unloading report form. This report will indicate by code the number of cases unloaded. Shortages and damage will be noted. The driver and ABCC warehouse representative will sign the unloading report form and the Bill of Lading or Delivery Receipt.
5.3. ABCC will provide the supplier with a copy of the warehouse unloading report form and the Bill of Lading or Delivery Receipt. The supplier and the carrier must resolve any shipping discrepancies from the report.
5.4. ABCC will use the warehouse unloading report form to enter information into the computer inventory files. ABCC will be responsible for the accuracy and maintenance of the computer inventory files.
5.5. Only full cases of salable product will be placed into storage for the supplier. Salable is defined as product that can be sold at full retail price. Cases that are short bottles, damaged, or have broken bottles will be unloaded into a vendor holding area. The supplier will be notified and disposition instructions requested. The supplier may send a representative to the warehouse to physically process the reported damage or request that ABCC personnel provide the extra service. ABCC will charge the supplier for extra case handling services.
5.6. Partial Cases of Salable Product:
5.6.1. The supplier may request that partial cases of salable product be transferred to vendor storage for eventual purchase by retail liquor stores.
5.6.2. As an alternative, the supplier must furnish disposition instructions within thirty (30) days subsequent to when such instructions were requested by the ABCC. If the supplier fails to furnish instructions, ABCC may sell the product and retain the proceeds to cover handling costs. ABCC personnel will adjust the computer bailment inventory records. This procedure does NOT constitute a purchase of bailment inventory by ABCC.
5.7. Salvageable Product:
5.7.1. Salvageable product will be retained in the supplier holding area for a period of thirty (30) days. Salvageable product is defined as product that is slightly damaged and cannot be sold at full retail price. If suppliers fail to furnish disposition instructions within the thirty (30) days, ABCC may sell such products and retain the proceeds to cover handling costs. ABCC personnel will adjust the computer bailment inventory records. This procedure does NOT constitute a purchase of bailment inventory by ABCC.
5.8. Unsalable Merchandise:
5.8.1. Unsalable product will be retained in the supplier holding area for a period of thirty (30) days. Unsalable product is defined as product that is not fit for human consumption. If the supplier fails to furnish ABCC with disposition instructions within the thirty (30) day time frame, ABCC may destroy the product and invoice the supplier for handling charges to cover the costs incurred. ABCC personnel will adjust the computer bailment inventory records. This procedure does NOT constitute a purchase of bailment inventory by ABCC.
5.9. General Comments: Merchandise in the ABCC warehouse is the property of the supplier. ABCC will assume responsibility for any non-concealed breakage or shortages that are incurred while bailment inventory is stored in the warehouse; however, ABCC will not cover any losses arising from fire, water, or other damage by the elements.

W. Va. Code R. § 175-6-5