Art PACK Inc.
STANDARD OPERATING TERMS AND CONDITIONS
Definitions / Customer Obligations / Limitations of Liability / Exclusions / Insurance / Bills of Lading / Use of Other Carriers / Incomplete Bills of Lading / Rate Application and Payment Terms
1. DEFINITIONS & ABBREVIATIONS
- "CARRIER", "ISSUER", "WAREHOUSE". "API": Means Art Pack Inc., its employees and representatives that issues a bill of lading.
- "BILL OF LADING" (B/L): Means a document evidencing the receipt of goods for shipment, transportation, storage, installation, or other related services, issued by API.
- "FREIGHT", "GOODS": Means all things which are treated as movable for the purposes of a contract of storage, transportation, delivery, crating, installation or other related services.
- "HOUSEHOLD GOODS": Means furniture, furnishings and personal effects used by a depositor in a dwelling.
- "BAILEE": Means a person that by a warehouse receipt, bill of lading, or other documents of title acknowledges possession of goods and contracts to deliver them.
- "CONSIGNEE": Means a person named in a bill of lading to which or to whose order the bill promises delivery.
- "CONSIGNOR": Means a person from whom the goods have been received for shipment.
- "PARTY": As distinguished from "third party," means a person that has engaged in a transaction or made an agreement with API.
- "SHIPPER": Means a person that enters into a contract of transportation, shipping, delivery, storage, installation, packing with API.
- ‘EXCLUSIONS": Conditions and occurrences, as set forth below, that relieve API from all liability or responsibility for loss and damage related to freight identified in section 4, of this contract.
- "DECLARED VALUE": A charge assessed to a shipper based on a value declared by shipper for this freight, on the B/L and subject to all the limitations and exclusions set forth in section 3, below.
- "OBJECTS OF EXCEPTIONAL VALUE": Means fine arts, gold, platinum, or precious stones, or imitations thereof, in a manufactured or unmanufactured state; time pieces of any description; collectables of any description; negotiable paper(s) or other valuable writings; pictures, paintings, glass, or chinaware; sculpture; statuary; costumes, silk, laces; plated ware of any kind; of electronic components, chips, micro circuits, silicon or other related products.
- "NVD": No value declared. Shipper consigns freight for carriage by API and does not declare a value on that freight; thus releasing the carrier to its minimum level of liability as set forth in section 3, below.
- "PRE-PAID": API requires payment for services are "PRE-PAID" prior to Delivery. Agreement to pay API for services performed at time freight is prepared for shipping unless specified otherwise by API.
- "COPU": Check or Cash on Pickup. Agreement to pay API for services performed at time of pick up.
- "PBS": Packed by Shipper, condition of contents unknown.
- "ON FILE": Statement of fact of this B/L that refers to information kept in writing by API management and not specifically listed on the face of the B/L.
- ‘REASONABLE": Standard of conduct of a reasonably prudent person under similar circumstances.
- "INSIDE DELIVERY": Delivery taking place inside consignee’s location or structure at or near a common point of entry and within a reasonably accessible area.
2. CUSTOMER OBLIGATIONS
- Shipper and its agents agree and acknowledge that they have read and understood the terms of this B/L. All terms are binding on shipper, and agent upon signing. If API receives Freight or Goods, PBS, shipper warrants that Said Freight or Goods have been packed, packaged, protected and labeled to ensure safe handling. Shipper warrants consignee information and handling instructions are accurate in order to prevent delay or errant dispatch. Shipper agrees to notify consignee of impending arrival of Freight or Goods and to arrange carrier’s delivery.
- Shipper and its agents agree and acknowledge that freight or goods placed into storage with API may be held at any API Storage Location. API is permitted to move said freight or goods from and between any such locations, as may, in API sole discretion, be required.
- Shipper agrees to deliver to API a copy of any insurance policy covering freight or goods it places into storage, at the time of contracting.
- Failure to meet obligations as described may result in reduced services or additional charges as set forth in section 9.
3. API'S LIABILITY IS LIMITED
- Freight or Goods shipped, installed or placed in storage with API are valued at a released rate liability of $.50 per pound, per item and a maximum of $50.00 per shipment. Shipper may declare a higher value for its Freight or Goods and pay a higher rate for Carrier services. The declared value must appear on the face of the B/L and may only be entered thereon by employees of Carrier. Declared values may not be altered once a B/L is issued unless Carrier gives its written consent for such alteration, and Shipper pays an additional or increased rate. In the event Shipper declares a higher value for Freight or Goods shipped and pays an increased rate, API will be liable, ONLY for LOSS NOT DAMAGE for the actual value of the Freight or Goods but in no event for more than the value declared on the B/L. DEDUCTIBLE APPLIES IN THE AMOUNT OF $ 1,000.00 USD payable to API in the event of a claim for loss.
- API reserves the right to inspect all Freight or Goods to be shipped. API employees shall be at liberty to perform additional wrapping and packing where deemed necessary. In the event that such services were not originally requested, additional charges incurred for packing will be the responsibility of Shipper. Freight or Goods shipped with API are received in apparent good order and condition.
- Declared value, if any, applies only to Freight or Goods shipped with API. API will not substantiate values of goods in transit; nor will Carrier provide proof of origin or verify such goods conform to the description listed on the face of this contract. Shippers may not over-value goods in transition in excess of their actual values. The responsibility for providing documented proof of actual value in a claim shall rest solely with shipper.
- Consolidated or multiple items of Freight or Goods shipped for which the customer assigns only one total declare value for all items shall be considered by API as one item. Loss to any individual item will not be considered separately,
- Objects of exceptional value requested by shipper to be listed on a API B/L are subject to a limit of liability, for loss or damage, if at all, in the amount of $50 (fifty) dollars to any one package of such articles.
- API reserves the right to decline a shipper’s offered declaration of higher value on a B/L.
- API shall not be liable for loss, damage or delay caused by war or the public enemy, criminal acts of third party’s, acts of any governmental or public authority, insurrection, strikes or other labor troubles, Acts of God, riots, the elements, infestation or other causes of active deterioration, quarantine or fumigation requirements, street traffic, obstructions, act or default of the Shipper or owner of the Property, break down or mechanical defect of vehicles or equipment, occurrences in customs warehouses elevator service, or other causes beyond the control of API. API is not responsible for and is exempt from liability for physical loss or damage to Freight or Goods, after delivery, or installation, or after departing an installation site, or caused by any delay of delivery, or loss of market. API is not bound to transport goods by any particular means, schedule, vehicle or otherwise than with reasonable dispatch.
- API is not liable for loss or damage to Freight or Goods when Shipper directs Carrier to pick up and load, or deliver and unload at locations where the shipper, consignee, customer or their agents are not present.
- Claims regarding loss or damage of any kind must be made in writing at the time of delivery. API reserves the right to inspect all items and wrapping materials that are being made subject to a claim. It is the responsibility of the consignee to retain the goods in the original container(s) and/or materials and to make such goods and materials available to API for inspection. Claims not reported within 24 hours of the delivery date shall be time barred.
- Shipper acknowledges and agrees that, unless by written agreement to the contrary and subject to the API Standard Terms and Conditions, API has no liability or responsibility for physical loss or damage to any items of Freight or Goods listed below:
- Items improperly or inadequately packed or mislabeled by the shipper.
- Items having internal damage or concealed breakage; glass and ceramic having cracks.
- Items damaged by inherent vice or weakness due to poor fabrication.
- Items containing fragile internal mechanics or instrumentation.
- Items with waxen, resinous, or viscous surface areas be they in wet, semi-dry, or hardened state.
- Damaged or worn antique items in disrepair, items exhibiting prior repairs or breakage.
- Uncured and/or not thoroughly dry objects of art, paintings, uncured and/or unset varnish applied to furniture.
- Items with directional orientation to which the shipper does not affix descriptive arrows in advance.
- Items shipped unwrapped at the stated request of the shipper.
- Loss or damage to mirrors, glass, marble, or stone.
- Loss of or damage from ordinary wear, tear or deterioration as a result of natural climatic changes which may occur despite the efforts of API to maintain a controlled climate during storage or transit.
- Loss of or damage to any article, pair, or set or article consisting, when complete for use of several items; API shall be liable only for the separate value of such item without respect to any special value claimed for such item as a part of the article, pair or set of articles.
- Unexplained or mysterious disappearance.
- Loss or damage or missing items resulting from owner’s packing or unpacking.
- The following types of freight will not be transported/stored by the carrier under any circumstance:
- Contraband or illegal substances; firearms or ammunition.
- Explosives, chemicals, noxious or other dangerous goods.
- Livestock, plants, biological or hazardous goods.
- Gold, platinum or precious stones or imitations thereof, in a manufactured or unmanufactured state; electronic components, chips, micro circuits silicon and other related devices.
- Shipper agrees to indemnify and hold harmless, API, for any and all liability and damage including but not limited to costs for fines, penalties, legal fees, damage to API equipment and/or personal injury and workers compensation benefits to API employees, arising out of the shipping, handling, transporting, installing or storage of such excluded Freight or Goods.
- Carrier is at liberty to dispose of any items or associated with said dangerous goods at any time and place deemed appropriate by Carrier with all disposal charges to be for the account of Shipper.
- API DOES NOT PROVIDE INSURANCE UNLESS APPROVED BY API IN ADVANCE OF SHIPPING/STORAGE AND ADDITIONAL FEE FOR INSURANCE IS PAID TO API.
- Shipper/client may provide his/her own transit, installation or storage insurance on freight or goods. Shipper may request API to submit a shipper/client request/application for marine insurance on its behalf. Written instructions for same must be received by API in sufficient time prior to shipment or storage to allow any such request to be processed by the insurance company or underwriter.
- API does not warrant/express/imply that such insurance as may be requested by shipper, can or will be placed in effect without proper documentation/approval and payment for additional insurance on freight or goods in API'S care. Any insurance placed shall be governed by the Terms and Conditions, Rules and Procedures set forth in the certificates or policies issued, and will be effective only when accepted by said insurance companies or their underwriters.
6. BILLS OF LADING
- Only API employees may change or alter the terms on the face of API B/Ls. In the event that any shipper or consignee attempts to, or alters a API B/L, any such changes or alterations are deemed VOID and UNENFORCEABLE. All conditions set forth on this side of the B/L are binding and cannot be modified, altered or waived by any person including API employees, save for officers of Carrier, and then only in writing and when signed by such an officer.
- If a Shipper Directs Carrier to exchange this B/L for another, the shipper’s signature on the original B/L shall incorporate by reference all conditions, instructions and/or values from the original B/L onto any subsequent B/L bearing the same reference number.
- Carrier is at liberty, in the interest of safety, to depart from customer’s instructions.
7. USE OF OTHER CARRIERS
- In the event that freight cannot be delivered as directed by Shipper, API is authorized to engage other carriers at API’S discretion, after reasonable attempts to verbally contact Shipper or Consignee. If another carrier is engaged to effect delivery, all provisions of this contract terminate at the time of the other carrier’s receipt and signature.
- API’s acceptance of other carrier’s B/L or freight receipt ticket constitutes an agreement between API and its Shipper to release freight to that other carrier and for said freight to then be governed by said carrier’s terms and conditions as set forth on other carrier’s B/L or freight receipt ticket.
- Shippers who order services in advance from API and involve other carriers understand that they are also bound by the terms of section 7A, herein.
- Unless express instructions in writing are received from Shipper, to the contrary, API has complete freedom to choose the means, route and procedure to be employed in the handling, transportation and delivery of all Freight or Goods.
- In the event that freight remains unclaimed after ninety (90) days due to abandonment, failure or refusal of delivery by consignee, or due to API’s inability to arrange for further delivery instructions then said Freight or Goods will be subject to disposal by API for enforcement of Carrier’s lien or lien sale in order to recover charges due, as well as normal and reasonable storage fees and costs of disposal or sale. Prior to such disposal or sale API will notify all parties to the shipment by U. S. Mail and will enclose a complete inventory and written terms of said disposal or sale
- Should Shipper redirect freight outside of API’s route area in mid-transit, or otherwise render freight not deliverable, API shall retain the right to create new B/L’s and direct freight via API or outside carriers as set forth above.
- API retains the right to deliver freight to a warehouse selected by API at the destination city or at an intermediate point, which shall be for the sole account of Shipper.
- Shippers and consignees agree that Carrier, API, shall pick-up and/or deliver during regular business hours or arrange other reasonable times with API. API shall apply additional charges pertaining to B/L’s in which Shipper/consignee fail to allow complete delivery by reason of delay, impediment, or omission of information and/or unwillingness to schedule delivery.
9. RATE APPLICATION AND PAYMENT TERMS
- Estimates and quotations are issued on the basis of immediate acceptance; Carrier maintains the right to withdraw or revise any estimate, whether issued verbally or in writing. If Shipper orders any changes in regards to the rate of freight/delivery, services, storage, or any charges shall be subject to immediate revision.
- Payment terms are PRE-PAID unless otherwise stated on the face of this B/L. Invoices past due more than 30 (thirty) days are subject to 1.5% per month service charge. API reserves the right to assess fees to the customer for collection procedures on delinquent accounts including, but not limited to, costs for administration, communication, legal procedures and interest on unpaid amounts. It is further understood that shipper, consignee, consignor and owner of freight shall remain jointly and severally liable for all such charges until payment in full in made to API.
- No claims for loss or damage will be entertained until all Transportation Company charges have been paid in full. The amount of any claim shall not be used to reduce or offset any charges due and payable to API.
- In the event that a carrier, or other person or any governmental agency makes a claim or institutes legal action against API for ocean or other freight, duties, fines, penalties, liquidated damages or other money due arising from a shipment or goods of the shipper, shipper agrees to indemnify, and hold harmless API for any amount API may be required to pay including attorney fees. The confiscation or detention of the goods by any governmental authority shall not affect or diminish the liability of the shipper to API to pay all charges or other money due promptly on demand.
10. LIEN ON ANY PROPERTY
- API has a lien on any and all property of the customer in its possession, custody or control or en route for all charges, expenses or advances incurred by API in connection with any shipments, storage, installation or transportation of the Shipper and if such claim remains unsatisfied for thirty (30) days after demand for its payment is made, API may sell at public auction or private sale, upon ten (10) days written notice by registered mail (RRR) to the customer, the goods, or so much thereof as may be necessary to satisfy such lien and apply the net proceeds of such sale to the payment of the amount due to API. Any surplus from such sale shall be transmitted to the customer and the customer shall be liable for a deficiency in the sale.
11. CHANGES TO TERMS & CONDITIONS
- API reserves the right to amend and change terms & conditions without notice and at the discretion of API management.