Liens; Enforcement.
(a) Warehouse lien. To the fullest extent permitted by S.C. Code §36-7-209, AIM has a possessory warehouse lien against Customer upon all goods and equipment covered by these Terms or any storage agreement, and upon any proceeds thereof in AIM’s possession, for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, and other charges, present or future, relating to such goods or equipment, together with expenses necessary for their preservation and expenses reasonably incurred in their lawful sale.
Customer expressly agrees that AIM claims a general warehouse lien upon goods and equipment in AIM’s possession for similar charges and expenses relating to other goods or equipment deposited with AIM by Customer, whether or not such other goods or equipment remain in AIM’s possession, as permitted by S.C. Code §36-7-209(a). This general warehouse lien does not extend to obligations that are not within the scope of S.C. Code §36-7-209 except to the extent AIM holds a separate enforceable security interest under applicable law.
(b) Carrier lien. With respect to goods transported by AIM, AIM has the carrier’s lien provided by S.C. Code §36-7-307 upon the goods covered by the applicable bill of lading, or proceeds thereof in AIM’s possession, for transportation, storage, demurrage, terminal and other charges and expenses recoverable under that section. The carrier’s lien is separate from, and does not expand, the general warehouse lien described above.
(c) Enforcement of warehouse lien — goods stored by merchant. If the goods subject to AIM’s warehouse lien are goods stored by a merchant in the course of its business, AIM may enforce its lien pursuant to S.C. Code §36-7-210(a), or, at AIM’s election, pursuant to the procedure permitted by §36-7-210(b). Under §36-7-210(a), AIM may sell the goods at public or private sale, in bulk or in packages, at any commercially reasonable time or place and upon commercially reasonable terms after notifying all persons known by AIM to claim an interest in the goods. The notification shall state the amount due, the nature of the proposed sale and, in the case of a public sale, the time and place of the sale. AIM shall sell no more goods than reasonably necessary to satisfy the secured obligation except where sale of a larger quantity is commercially reasonable under applicable law.
(d) Enforcement of warehouse lien — other goods. If the goods are not goods stored by a merchant in the course of its business, AIM shall enforce its warehouse lien in accordance with S.C. Code §36-7-210(b). AIM shall notify every person known to claim an interest in the goods. The notification shall contain: (i) an itemized statement of AIM’s claim; (ii) a description of the goods subject to the lien; (iii) a demand for payment within a specified period of not less than ten (10) days after receipt of the notification; and (iv) a conspicuous statement that, unless the claim is paid within that period, the goods will be advertised for sale and sold by auction at the time and place stated in the notification.
Any such auction shall conform to the notification and shall be held at the nearest suitable place to the location where the goods are held or stored. After expiration of the payment period stated in the notification, AIM shall advertise the sale once each week for two (2) consecutive weeks in a newspaper of general circulation where the sale is to be held. The advertisement shall describe the goods, identify the person on whose account the goods are held, and state the time and place of sale. The sale shall occur not less than fifteen (15) days after the first publication. If no newspaper of general circulation exists where the sale is to be held, AIM may instead post the advertisement at least ten (10) days before the sale in not fewer than six (6) conspicuous places in the neighborhood of the proposed sale, as permitted by S.C. Code §36-7-210(b).
(e) Redemption; proceeds. At any time before sale or other disposition, any person claiming a right in the goods may prevent the sale by paying the amount necessary to satisfy AIM’s lien together with AIM’s reasonable expenses incurred in enforcing it. AIM may apply proceeds of a lawful sale to the lien and the reasonable expenses of enforcement and shall hold any surplus for delivery upon demand to the person legally entitled to receive it. AIM may purchase the goods at a public sale to the extent permitted by S.C. Code §36-7-210.
(f) Carrier-lien enforcement. AIM may enforce a carrier’s lien in accordance with S.C. Code §36-7-308, including by a commercially reasonable public or private sale after the notification required by that section, and may alternatively use the procedure provided by S.C. Code §36-7-210(b) where permitted by §36-7-308(g).