Transportation/Bill of Lading Terms and Conditions
1. Shipment received subject to the classifications and rates in effect on the date of the issue of this bill of lading, the property described in apparent good order except as noted (contents and conditions of contents of packages unknown), marked, consigned, and destined as indicated which Marshall Fine Arts, Ltd agrees to carry to its usual place of delivery at said destination. or to another carrier (the word “carrier” being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) to deliver/install to said destination on behalf of Marshall Fine Arts Ltd. It is mutually agreed as to each carrier/installer of all or any of said property over all or any of said property that every service to be performed hereunder shall be subject to all the terms and conditions contained in this bill of lading and the classifications and tariffs in effect on the date of shipment.
2. It the shipment is packed by owner (PBO) or shipper (PBS), the shipper warrants that the shipment is packed adequately to protect the enclosed goods and to insure sale transportation with ordinary care in handling, and that each package is properly labeled.
3. It is agreed and understood that Marshall Fine Arts Ltd liability for damage and loss for all shipments shall be $0.60 per pound unless a greater value is declared prior to pick- up and the object(s) are appropriately packed for shipment.
4. In cases where shipment is packed by owner (PBO) or packed by shipper (PBS), insurance in excess of the released $0.60 per pound shall only be offered as “Limited Insurance” meaning coverage will only apply for fire, theft, and total loss of object. Internal breakage, concealed damage, marring, and scratching are not covered under this type of insurance unless object(s) are packed for shipping by Marshall Fine Arts Ltd.
5. Claims for loss or damage must be reported in writing to Marshall Fine Arts Ltd at the time of delivery of the shipment, or they shall be deemed waived by the shipper, consignee, carrier and all other parties.
6. No claims with respect to a shipment will be entertained until all charges have been paid.
7. Carrier shall not be liable for delay, non-delivery, misinformation and misdelivery, special or consequential damages. Additional delays or consequential damages resulting from the shipper’s action of inaction will be the shipper’s liability.
8. Payment terms are Net 30 Days unless otherwise detailed on the invoice. If shipper is the billing party, shipper hereby accepts charges for this shipment as per Marshall Fine Arts Ltd invoice or special written quotation.
9. A late fee of 2% per month will be applied to all unpaid balances in excess of the terms detailed in Marshall Fine Arts Ltd invoice or written quotation.
10. Shipper certifies that shipper is familiar with all the bill of lading terms and conditions and the said terms and conditions are agreed to by the shipper and accepted for shipper and shipper’s assigns.
**Addendum to Bill of Lading
This agreement is executed in duplicate between Marshall Fine Arts & Affiliates LLC, located at 135 East Industry Court, Deer Park, New York 11729 and “client to be named”.
Marshall Fine Arts & Affiliates LLC acknowledges receipt of the property listed on the Bill of Lading (With MFA File # :), and when used, the Continued Bill of Lading, attached to and made portion of this Agreement. The terms and conditions of this Agreement and, when utilized, the Bill of Lading, Continued Bill of Lading, Storage Insurance Agreement, shall constitute the entire Storage Agreement. This agreement records the actual chargeable volume.
Storage rates DO NOT include insurance. Client’s property is NOT INSURED by Marshall Fine Arts & Affiliates LLC whether in storage, transit or handling without being specifically requested by the client and an agreed upon rate for such coverage established and remitted to Marshall Fine Arts Ltd by said client. The liability of Marshall Fine Arts & Affiliates Ltd is limited to the specific amounts and conditions as set forth above. Client may secure client’s own insurance policy or coverage. In the case where insurance is either declined or carried directly by the client’s own carrier, the client agrees that the value, of a loss or damage arising out of storage, transportation, packing, unpacking, fumigation, cleaning, or handling of the property, of the liability of Marshall Fine Arts & Affiliates LLC for any cause for which it may be liable for each or any piece of package and the contents thereof does not exceed Sixty Cents ($0.60) per pound per article.
TERM: Storage charges to commence and continue monthly, unless sooner terminated in accordance with the provisions of the Agreement. If this Agreement is not terminated at the expiration of the term hereof in accordance with the provisions of the Terms and Conditions, and a new storage agreement is not in effect, then the Agreement will be renewed on a month-to-month basis and subject to the current and prevailing rates at that time as stated in the Terms and Conditions, and all other terms of this agreement shall remain in full force and effect. In the event that Marshall should retain counsel to secure the payment of storage fees hereunder or enforce this Agreement they shall be entitled to recover reasonable attorney’s fees for doing so.
ESTIMATE/BOOKING TERMS & CONDITIONS
Estimate is based on available information. Final bill will reflect work performed, materials consumed, truck access, and site conditions. Delays beyond the control of Marshall Fine Arts will be billed at the effective hourly rate. Unless otherwise noted, all work to be performed during normal business days / hours Monday through Friday. Price quoted is valid for 30 days. Unless other terms are in place, balance is due at time of service ( COD ). An additional 3% convenience fee will be charged for Credit Card transactions, Mastercard/Visa/ American Express accepted. A fee of $15.00 will apply for Bank Wire transactions. Certificates of Insurance (COI) must be requested 48 hours in advance, and a sample COI template provided. A fee of $25.00 will be charged for each COI requested.
Fine Art Insurance is NOT INCLUDED in Transportation and/or Storage rates. Liability is limited to $0.60 / pound, or a lump sum not to exceed $2,000, unless an appraised itemized valuation is declared and an additional charge based upon such greater value is paid.
• I am NOT declaring a value and agree to the above terms. [Initial here: _____________ ]
• I am DECLARING a value of $_______________ [Attach itemized list]. I understand that increasing the above liability will result in an additional charge based on the value declared. [Initial here:________________ ]
• Payment is COD. 3% convenience fee for credit card transaction
Transportation Cancellation Policy
• Jobs cancelled with between 24 and 48 hour notice will be billed at 50% of total job value.
• Jobs cancelled with less than 24 hour notice will be billed at 75% of total job value.
• Jobs cancelled after crew has departed Marshall Warehouse will be billed FULL job value.
• Jobs rescheduled with less than 24 hour notice will be billed a 4 hour minimum for the assigned crew.
• Crating jobs cancelled after start of crate construction will be billed for labor and materials expended.
• Any special order materials purchased for a cancelled job will be billed in its entirety.