Terms and Conditions
1. Definitions & Abbreviations
2. Customers' Obligations
3. Limitations of Liability
4. Exclusions
5. Insurance
6. Bills of Lading
7. Use of Other Carriers
8. Incomplete Bills of Lading
9. Rate Application and Payment Terms
1. Definitions & Abbreviations
"NFA SPACE", "The Carrier": NFA SPACE Contemporary Art + Exhibit Services, Inc., its agents, and its employees.
"Freight", "Goods": Items in whole or in part, in packed or unpacked state, that are tendered to NFA SPACE for transportation and exhibition related services, and subject to the rules and limitations set forth below.
"Customer": Person, parties or organizations who hire and employ NFA SPACE to collect and deliver freight, perform transportation related services, perform exhibition related services such as but not limited to installation, dismantling, fabrication, handling, packing, crating, and who then become liable to remit NFA SPACE for charges incurred.
"Shipper": Person or parties who consign freight to NFA SPACE for transport, packing, exhibition and/or related services.
"Consignee": Person or parties who receive freight from NFA SPACE.
"Concerned Parties": Persons who NFA SPACE identify as connected to or involved with a shipment.
"Exclusions": Conditions and occurrences, as set forth below, that protect and relieve NFA SPACE from all liability and responsibility for loss and damage related to freight identified in section 4 of this contract.
"Insurance": A premium charged to the customer which is based on a value on freight declared by that customer, and subject to all the limitations and exclusions set forth below. Payment of the insurance premium allows the customer to collect the declared value in the event of a loss or mishap that is attributable to events or occurrences during carrier's possession of freight.
"NVD": No value declared. Shipper consigns freight for carriage by NFA SPACE and does not declare a value nor purchase insurance on that freight; thus releasing the carrier to its minimum level of liability as set forth in section 3.
"BOL", "Bill of Lading": A contract representative of an order for NFA SPACE to perform transportation, packing, exhibition and/or related services. This document is a Bill of Lading.
"COD": Check or cash on delivery. Agreement to pay NFA SPACE for services performed at time of delivery.
"COPU": Check or cash on pick-up. Agreement to pay NFA SPACE for services performed at time of pick-up.
"PBS": Packed by shipper, condition of contents unknown.
"On File": Statement on face of this BOL that refers to information being kept in writing by NFA SPACE management and not specifically listed on the face of the BOL.
"Reasonable": Accepted as sufficient, rational, normal and common when compared to standard practices and procedures in the shipping industry and the exhibit services industry.
2. Customer’s Obligations
A. Customers and their agents must read and understand the terms of this BOL. Carrier is not responsible for explaining all terms verbally.
B. All terms are binding once shipper, or his employee or agent acting on his behalf sign on reverse. In the event that shipper and his employees are acting as agents for the customer, it is the shipper's responsibility to notify that customer of all terms as set forth above and below.
C. If NFA SPACE is to receive freight that is PBS, it is the shipper's responsibility to adequately pack and protect the goods to ensure safe transportation. The shipper is also obliged to properly label each item in order to prevent delay or errant dispatch.
D. Shipper and customer are obliged to provide accurate consignee information in order to prevent delay or errant dispatch. Furthermore, shipper and customer are jointly responsible to notify consignee of impending arrival of freight and secure approval for carrier's delivery.
E. Failure to meet obligations as described may result in additional charges as set forth in section 9.
3. Limitations of NFA SPACE Contemporary Art + Exhibit Services, Inc. Liability
A. The maximum liability of NFA SPACE Contemporary Art + Exhibit Services, Inc. for loss or damage by any cause, including negligence, is limited to $0.60 (sixty cents) per pound as determined by actual weight of unwrapped goods. In shipments of multiple items, the $0.60 per pound maximum liability shall apply to each item separately. To determine NFA SPACE's maximum liability on shipments released at $0.60 per pound for items being made subject to a claim when NFA SPACE is not in physical possession of the freight, dimensional weight shall apply as determined with a cubic factor of 194 cubic inches per one pound. Should any claim in an amount in excess of the foregoing limits of liability be asserted against NFA SPACE by a third party for loss or damage to freight handled by NFA SPACE, the shipper, consignee, and customer agree to hold NFA SPACE harmless as against any such claim. This provision shall be in force irrespective of the cause of such loss or damage, including negligence.
B. NFA SPACE shall not be liable for loss or damage due to lack of detailed and specific customer instruction in handling and/or placement of goods. The provisions of this contract also extend to items damaged inside a shipper or consignee's premises or place of business.
C. NFA SPACE cannot be held responsible and shall remain exempt from liability for physical damage to freight, or loss caused by delay of delivery, when conditions beyond the carrier's control are encountered during transit. Such conditions are listed below:
• Extreme weather and/or changes in temperature, acts of nature and God.
• Breakdown or mechanical defect of vehicles or equipment.
• Faulty or impassable highway; lack of capacity of roadway structures.
• Highway obstruction or closure due to official action.
• Civil disobedience, riots, strikes or lockouts; illegal or unlawful actions.
• Losses caused by acts of terrorism.
"Loss caused by delay" as stated above is hereby understood to also define and apply to loss of revenue, interest, market, and/or utility. NFA SPACE is not bound to transport goods by any particular means, schedule, vehicle, or otherwise than with reasonable dispatch.
D. NFA SPACE will be released from liability for freight when directed to accept and load or deliver and unload at unmanned locations where the shipper, consignee, customer or their agents are not present.
E. NFA SPACE is only liable to effect inside delivery and will not be liable for unwrapping or unpacking freight unless such requests are ordered in advance and in writing. "Inside delivery" is hereby defined as delivery taking place inside consignee's location or structure at or near a common point of entry and within a reasonably accessible area.
F. Claims regarding loss or damage of any kind must be made in writing and within two days of the delivery date of shipment. NFA SPACE 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 for inspection by NFA SPACE, or the carrier's insurance adjuster in the event of claims on insured shipments. Claims not reported within two days of the delivery date shall be deemed waived. Claims are also subject to the terms of section 9C.
G. The rights and obligations of the Parties hereunder shall be construed and enforced in accordance with, and shall be governed by, the laws of the State of Illinois, without regard to its principles of conflicts of laws. Any dispute, claim or controversy arising out of or relating to this Bill of Lading or any other Agreement between the parties, or the breach, termination, enforcement, interpretation or validity thereof, shall be brought in the Supreme Court of the State of New York, County of New York or in the United States District Court for the Southern District of New York. The Parties hereby irrevocably submit to personal jurisdiction in New York and consent to venue in the Courts referenced herein. In any action or proceeding brought by one party as against the other, the Customer specifically waives his/her right to a jury trial and agrees not to interpose any counterclaim on any action commenced by NFA SPACE. All insurance policies covering Goods that Customer has or shall procure on its own behalf shall specifically contain a waiver of subrogation as and against NFA SPACE. NFA SPACE reserves all of its rights and remedies at law and in equity.
4. Exclusions
A. Customers automatically release the carrier from all liability and responsibility for physical damage, loss, or loss due to delay, for items of freight as listed below:
• Items improperly or inadequately packed or mislabeled by the shipper.
• Items containing internal damage or concealed breakage; glass, ceramic and stone with existing cracks.
• Items of inherent vice or weakness due to poor craftsmanship in fabrication.
• Items containing internal mechanics or instrumentation.
• Items with waxen, resinous, or viscous surface area, be they in wet, semi-dry, or hardened state.
• Damaged or excessively worn antique items in disrepair, items exhibiting prior repairs or breakage.
• Uncured and/or not thoroughly dry 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.
In relation to subjective terms as used above ("inadequately packed", "inherent vice", "excessively worn", etc.) it is understood that the customer allows and releases NFA SPACE to define and interpret these terms as reasonably and commonly acceptable in NFA SPACE's industry and as applied against common and previous occurrences in the normal course of packing and shipping.
B. Customer indemnifies NFA SPACE against loss to property or personal injury in the event that customer or their agent interferes with or impedes NFA SPACE collection, delivery, and/or handling procedures.
C. The carrier will not transport currency, specie, precious stones, jewelry, or negotiable documents at any time. In the event that the carrier is made to transport such items without the carrier's knowledge or consent, the carrier shall remain at no liability whatsoever for or in connection with the goods.
D. The following types of freight will not be transported by the carrier under any circumstance:
• Contraband or illegal substances; firearms or ammunition.
• Explosive, chemical, noxious or dangerous goods
• Solvents, fuels, or any flammables.
• Livestock, plants, biological or hazardous goods.
The act of consigning items of these types to NFA SPACE which are willfully disguised by the shipper, acting with or without knowledge of the customer, shall entitle NFA SPACE to recover any and all costs for fines, penalties, legal fees, damage to NFA SPACE equipment and/or personal injury and compensation to NFA SPACE employees. The customer also shall be liable for and indemnify the carrier against all loss or damage to other property or persons caused by said dangerous goods. The carrier is at liberty to dispose of any items consigned with or associated with said dangerous goods at any time and place deemed appropriate by the carrier with disposal charges billable to the customer.
5. Insurance
A. NFA SPACE does not automatically provide carriage insurance. Insurance may be purchased at a premium based on the value of goods in transit and added to the cost of the carrier's services. Values must be submitted in advance and all coverage must be approved by the carrier in advance. Values must appear on the face of the BOL and may only be entered by employees of the carrier. Declared values may not be altered once freight has been received for transport unless the carrier issues written consent for such alteration.
B. NFA SPACE reserves the right to inspect all freight under consideration for insured transit. NFA SPACE shall be at liberty to effect additional wrapping and packing on such items, even in the event that such services were not originally requested. Additional charges incurred for packing will be the responsibility of the customer. NFA SPACE shall only be responsible to inspect for surface conditions and apparent damage. Upon purchase of insurance, all terms & conditions and foregoing exclusions of this contract shall remain in force with the exception of section 3A.
C. Insurance for items that are pre-packaged, pre-sealed, and/or unopened by NFA SPACE are carried under Limited Risk. Limited Risk insurance is defined as coverage that is limited to losses incurred by theft or non-delivery of cargo only, with such coverage noted on the face of the BOL. Claims for damage and/or partial delivery are excluded under Limited Risk insurance coverage.
D. NFA SPACE shall not be responsible to substantiate values of goods in transit; nor is the carrier responsible to provide proof of origin or authenticate in any way such goods in transit regardless of description listed on the face of this contract. Insurance coverage will be voided should customer over-value goods or otherwise insure goods in transit in excess of their fair market value. The responsibility for providing documented proof of value in a claim shall rest entirely with the customer. By failing to provide such proof that is acceptable to carrier's underwriter, the customer hereby releases the carrier's underwriter to adjust claims to any fair value as determined by carrier's adjuster. Claims for damage or loss of value may not exceed insurance amount purchased as listed on face of the BOL.
E. Groups or multiple items of freight consigned for insured transport, to which the customer assigns only one total insurance value for all items, shall be insured by NFA SPACE for Limited Risk on the entire lot only. Loss to any individual items will not be covered under this type of insurance and will be at the risk of the customer. This limitation shall apply whether or not NFA SPACE effects any packing to the freight.
F. NFA SPACE reserves the right to decline to provide insurance coverage based on NFA SPACE 's inspection of freight. Any item that is deemed unfit to be covered by NFA SPACE 's insurance policy will not be extended coverage.
G. Shipments under all-risk insurance coverage must be accepted at time of carrier's delivery, including inspection of condition. The carrier may at its discretion deny coverage to items made subject to all-risk insurance claims in the event that customer or his agent declines or refuses to have such items unwrapped at time of carrier's delivery.
6. Bills of Lading
A. Only NFA SPACE employees and its agents may alter the face of NFA SPACE BOLs. In the event that any shipper or consignee alters an NFA SPACE BOL by making written additions or omissions, without permission of the carrier, NFA SPACE shall be released from providing or completing services related to those additions or omissions. All conditions set forth the BOL (the reverse) are binding and cannot be modified, altered or waived by any person including NFA SPACE employees, save for officers of the carrier, and then only in writing and when signed by such an officer.
B. NFA SPACE retains the right to prepare other BOLs and addenda as necessary to sufficiently describe freight in transit. Should the customer, by his requests or actions, instigate the carrier to exchange this BOL for another, the shipper's signature on the original BOL shall enforce and transfer all conditions, instructions and/or values from the original BOL onto any subsequent BOL bearing the same reference number.
C. If in the opinion or judgment of the carrier it becomes at any stage necessary or desirable to depart from customer's instructions in relation to freight in transit, then the carrier shall be at liberty to do so. The carrier is also at liberty to execute any new BOL information or instructions as deemed necessary in the interest of safe handling of the freight.
7. Use of Other Carriers
A. NFA SPACE may engage other carriers at NFA SPACE's discretion. Should another carrier become the consignee, all provisions of this contract terminate at the time of consignee's receipt and signature. It is understood that NFA SPACE's receipt of other carrier's BOL or receipt ticket constitutes an agreement between NFA SPACE and its customer to release freight to that other carrier and for said freight to be then governed by said other carrier's terms and conditions as set forth on other carrier's BOL or receipt ticket. NFA SPACE shall not be liable to review other carrier's terms and conditions in full.
B. Customers who order NFA SPACE services in advance that are pre-arranged to involve NFA SPACE plus other carriers understand that they are also bound by the terms of section 7A.
8. Incomplete Bills of Lading
A. In the event that freight remains unclaimed after ninety (90) days due to failure or refusal of consignee to receive, or due to inability of NFA SPACE to contact concerned parties after reasonable effort, then said freight will be placed at the disposal of NFA SPACE for lien or sale in order to recoup transport related charges due, as well as normal and reasonable storage fees and costs of disposal or sale. Prior to such disposal or sale NFA SPACE will notify all concerned parties in the shipment. In the event that freight remains unclaimed after ninety (90) days due to failure or refusal of consignee to receive, or due to inability of NFA SPACE to contact concerned parties after reasonable effort, then said freight will be placed at the disposal of NFA SPACE for lien or sale in order to recoup transport related charges due, as well as normal and reasonable storage fees and costs of disposal or sale. Prior to such disposal or sale NFA SPACE will notify all concerned parties in the shipment by US Mail and will enclose complete inventory and written terms of said disposal or sale.
B. Should a customer or concerned party to a shipment redirect freight outside of NFA SPACE 's route area in mid-transit, or otherwise render freight not deliverable, NFA SPACE shall retain the right to create new BOLs and direct freight via NFA SPACE or outside carriers as set forth above. NFA SPACE also retains the right to deliver freight to a warehouse selected by NFA SPACE at the destination city or at an intermediate point, with charges for such warehousing payable by the customer. All additional charges incurred by such actions shall be the responsibility of the customer unless NFA SPACE receives written instructions prior to delivery, and NFA SPACE approves said instructions in writing.
9. Rate Application and Payment Terms
A. Estimates and quotations are issued on the basis of immediate acceptance; the carrier maintains the right to withdraw or revise any estimate, whether issued verbally or in writing. Should any changes occur in regards to the rate of freight, packing services, insurance premium, or any other charges that are applicable to the goods, then estimates and charges shall be subject to immediate revision accordingly. The carrier may make such revision with or without notification to the customer, even after the carrier has accepted the goods. Conditions which nullify estimates and cause rate adjustment may include, but not be limited to, the following:
• Additional volume in the form of larger or heavier freight.
• Additional pick-ups, deliveries, packing/unpacking services and/or materials.
• Delays due to lack of preparation, waiting time, poor access and/or non-availability of freight.
• Delays due to errors or omissions made by the customer or concerned parties.
• Delays due to customer or agent's unwillingness to schedule, or omissions of adequate delivery information.
• Additional services requested by concerned parties at either pick-up or delivery.
B. Payment terms are net receipt upon presentation of invoice unless otherwise stated on the face of this BOL. Invoices past due more than thirty days are subject to 1.5% per month service charge. NFA SPACE 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 customer, shipper, consignee and owner of freight shall remain jointly and severally liable for such charges until payment in full is made to NFA SPACE for services rendered.
C. No claims for loss or damage will be entertained until all carrier's charges have been paid in full. The amount of the claim may not be deducted from the total due and payable charges.
10. TSA Notification: Customer consents to screening of air cargo and authorizes NFA SPACE for this procedure.
Copyright © 2011 - 2014 NFA SPACE. All rights reserved.