CONNECT ART INTERNATIONAL
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
A.
“CARRIER”,
“ISSUER”, “WAREHOUSE”. “CAI”: Means Connect Art international., its employees
and representatives that issues a bill of lading.
B.
“BILL
OF LADING” (B/L): Means a document evidencing the receipt of goods for shipment,
transportation, storage, installation, or other related services, issued by
CAI.
C.
“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.
D.
“HOUSEHOLD
GOODS”: Means furniture, furnishings and personal effects used by a depositor
in a dwelling.
E.
“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.
F.
“CONSIGNEE”:
Means a person named in a bill of lading to which or to whose order the bill
promises delivery.
G.
“CONSIGNOR”:
Means a person from whom the goods have been received for shipment.
H.
“PARTY”:
As distinguished from “third party,” means a person that has engaged in a
transaction or made an agreement with CAI.
I.
“SHIPPER”:
Means a person that enters into a contract of transportation, shipping,
delivery, storage, installation, packing with CAI.
J.
‘EXCLUSIONS”:
Conditions and occurrences, as set forth below, that relieve CAI from all
liability or responsibility for loss and damage related to freight identified
in section 4, of this contract.
K.
“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.
L.
“OBJECTS
OF EXCEPTIONAL VALUE”: Means fine arts, gold, platina, 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.
M.
“NVD”:
No value declared. Shipper
consigns freight for carriage by CAI 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.
N.
“COD”: Check or Cash on Delivery. Agreement to pay CAI for services
performed at time of delivery or completion of job.
O.
“COPU”:
Check or Cash on Pickup. Agreement
to pay CAI for services performed at time of pick up.
P.
“PBS”: Packed by Shipper, condition of
contents unknown.
Q.
“ON
FILE”: Statement of fact of this
B/L that refers to information kept in writing by CAI management and not specifically listed on the face of
the B/L.
R.
‘REASONABLE”: Standard of conduct of a reasonably
prudent person under similar circumstances.
S.
“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
A.
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 CAI 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.
B.
Shipper
and its agents agree and acknowledge that freight or goods placed into storage
with CAI may be held at any CAI Storage Location. CAI is permitted to move said freight or goods from and
between any such locations, as may, in CAI’S sole discretion, be required.
C.
Shipper
agrees to deliver to CAI a copy of any insurance policy covering freight or
goods it places into storage, at the time of contracting.
D.
Failure
to meet obligations as described may result in reduced services or additional
charges as set forth in section 9.
3. CAI’S
LIABILITY IS LIMITED.
A.
Freight
or Goods shipped, installed or placed in storage with CAI are valued at a
released rate liability of $.60 per pound, per item. 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, any loss or damage occurring while in the
Carrier’s possession, CAI will be liable, if at all, for the actual value of
the Freight or Goods but in no event for more than the value declared on the
B/L.
B.
CAI
reserves the right to inspect all Freight or Goods to be shipped. CAI 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 CAI are received in apparent good order and condition.
C.
Declared
value, if any, applies only to Freight or Goods shipped with CAI. CAI 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.
D.
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 CAI as one
item. Loss to any individual item
will not be considered separately,
E.
Objects
of exceptional value requested by shipper to be listed on a CAI 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.
F.
CAI
reserves the right to decline a shipper’s offered declaration of higher value
on a B/L.
G.
CAI
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 CAI. CAI 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. CAI is not bound to
transport goods by any particular means, schedule, vehicle or otherwise than
with reasonable dispatch.
H.
CAI 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.
I.
Claims
regarding loss or damage of any kind must be made in writing at the time of
delivery. If a claim for hidden
damage is made, it must be made in writing and within ten days of the delivery
date of freight or goods. CAI
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 CAI for
inspection. Claims not reported
within ten days of the delivery date shall be time barred.
4. EXCLUSIONS
A.
Shipper
acknowledges and agrees that, unless by written agreement to the contrary and
subject to the CAI Standard Terms and Conditions, CAI has no liability or responsibility for physical loss or damage to any
items of Freight or Goods listed below:
1.
Items
improperly or inadequately packed or mislabeled by the shipper.
2.
Items
having internal damage or concealed breakage; glass and ceramic having
cracks.
3.
Items
damaged by inherent vice or weakness due to poor fabrication.
4.
Items
containing fragile internal mechanics or instrumentation.
5.
Items
with waxen, resinous, or viscous surface areas be they in wet, semi-dry, or
hardened state.
6.
Damaged
or worn antique items in disrepair, items exhibiting prior repairs or breakage.
7.
Uncured
and/or not thoroughly dry objects of art, paintings, uncured and/or unset
varnish applied to furniture.
8.
Items
with directional orientation to which the shipper does not affix descriptive
arrows in advance.
9.
Items
shipped unwrapped at the stated request of the shipper.
10.
Loss or
damage to mirrors, glass, marble, or stone.
11.
Loss of
or damage from ordinary wear, tear or deterioration as a result of natural
climatic changes which may occur despite the efforts of CAI to maintain a
controlled climate during storage or transit.
12.
Loss of
or damage to any article, pair, or set or article consisting, when complete for
use of several items; CAI 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.
13.
Unexplained
or mysterious disappearance.
14.
Loss or
damage or missing items resulting from owner’s packing or unpacking.
B.
The
following types of freight will not be transported/stored by the carrier under
any circumstance:
1.
Contraband
or illegal substances; firearms or ammunition.
2.
Explosives,
chemicals, noxious or other dangerous goods.
3.
Livestock,
plants, biological or hazardous goods.
4.
Gold,
platina or precious stones or imitations thereof, in a manufactured or
unmanufactured state; electronic components, chips, micro circuits silicon and
other related devices.
C.
Shipper
agrees to indemnify and hold harmless, CAI, for any and all liability and
damage including but not limited to costs for fines, penalties, legal fees,
damage to CAI equipment and/or personal injury and workers compensation
benefits to CAI employees, arising out of the shipping, handling, transporting,
installing or storage of such excluded Freight or Goods.
D.
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.
5. INSURANCE
A.
CAI
does not provide insurance.
B.
Shipper
may request CAI to submit a shipper’s request/application for marine insurance
on its behalf. Shipper may provide its own transit, installation or storage
insurance on its freight or goods. Written instructions for same must be
received by CAI in sufficient time prior to shipment or storage to allow any
such request to be processed by the insurance company or underwriter.
C.
CAI
does not warrant that such insurance as may be requested by shipper, can or
will be placed. 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 such insurance companies or underwriters.
6. BILLS
OF LADING
A.
Only
CAI employees may change or alter the terms on the face of CAI B/Ls. In the event that any shipper or
consignee attempts to, or alters a CAI 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 CAI employees, save for
officers of Carrier, and then only in writing and when signed by such an
officer.
B.
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.
C.
Carrier
is at liberty, in the interest of safety, to depart from customer’s
instructions.
7. USE
OF OTHER CARRIERS
A.
In the
event that freight cannot be delivered as directed by Shipper, CAI is
authorized to engage other carriers at CAI’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.
B.
CAI’s
acceptance of other carrier’s B/L or freight receipt ticket constitutes an
agreement between CAI 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.
C.
Shippers
who order services in advance from CAI and involve other carriers understand
that they are also bound by the terms of section 7A, herein.
D.
Unless
express instructions in writing are received from Shipper, to the contrary, CAI
has complete freedom to choose the means, route and procedure to be employed in
the handling, transportation and delivery of all Freight or Goods.
8. NON-DELIVERY
A.
In the
event that freight remains unclaimed after ninety (90) days due to abandonment,
failure or refusal of delivery by consignee, or due to CAI’s inability to
arrange for further delivery instructions then said Freight or Goods will be
subject to disposal by CAI 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 CAI 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
B.
Should
Shipper redirect freight outside of CAI’s route area in mid-transit, or
otherwise render freight not deliverable, CAI shall retain the right to create
new B/L’s and direct freight via CAI or outside carriers as set forth above.
C.
CAI
retains the right to deliver freight to a warehouse selected by CAI at the
destination city or at an intermediate point, which shall be for the sole
account of Shipper.
D.
Shippers
and consignees agree that Carrier, CAI, shall pick-up and/or deliver during
regular business hours or arrange other reasonable times with CAI. CAI 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
A.
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.
B.
Payment
terms are net on receipt of invoice 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. CAI 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 CAI.
C.
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 CAI.
D.
In the
event that a carrier, or other person or any governmental agency makes a claim
or institutes legal action against CAI 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 CAI for
any amount CAI 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 CAI to pay all charges or other money due promptly on demand.
10. LIEN
ON ANY PROPERTY
A.
CAI 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 CAI 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, CAI 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 CAI. Any surplus from such sale shall be transmitted to the
customer and the customer shall be liable for a deficiency in the sale.