Terms and Conditions

These Terms and Conditions shall govern all transactions between Elite Art Enterprises LLC, D/B/A Elite Art Services ("Us") and Our clients ("You") and shall be incorporated by reference into any and all bills of lading, transportation order, and/or storage agreements between Us and You.

1. Limits of our Liability. Unless You have entered into a properly executed Extended Liability Agreement with Us, Our maximum liability for loss of or damage to any of Your property handled or stored by Us in any way, including installation, deinstallation, packing, photography, inspection, or any other service irrespective of whether We transport or store such property, by any cause, excluding Our negligence (defined as Our failure to exercise the degree of care a reasonable person in similar circumstances would employ to prevent harm or loss) or willful misconduct, is limited to the lesser of $0.60 (sixty cents) per pound as determined by actual weight of unwrapped goods or $100 (one hundred dollars) per item. You hereby waive all claims against Us for any such loss, damage, or liability, and the cost and expense of defending against claims relating thereto, in excess of such limits. Should any claim in an amount in excess of the foregoing limits of liability be asserted against Us by a third party for loss or damage to Your property, You agree to indemnify, defend, and hold Us harmless as against each and every such claim, irrespective of the cause of such loss or damage, except i) in event of Our negligence or willful misconduct; and ii) that Your insurance carrier(s) shall have the right to make any claim against Us that You would otherwise have the right to make pursuant to these Terms and Conditions. In addition to the limits set forth herein, You agree that We shall have no liability whatsoever for any loss of or damage to Your property due to: (i) acts of war or terrorism; (ii) earthquake, flood, or other natural disaster or severe weather; (iii) Your negligence, including Your failure to properly wrap or pack Your property; (iv) deterioration due to defects in construction or workmanship, normal wear and tear, normal wear-out or obsolescence of any component or material, or the effects of any contaminant or infestation present in Your property prior to it being in Our possession; or (v) any cause whatsoever when Your property is not in Our possession or under Our reasonable control. In no case shall We be responsible to You for any consequential damages, including but not limited to loss of use, income, or market or any claim other than or that exceeds the actual cost to repair or replace Your property.
   
   

   Artwork Condition

   Packed Artwork:

   If the artwork is packed (crated, slipcased, wrapped, shadowboxed, etc.), the Client must provide its condition to Elite. If the condition is unknown, the Client must request a condition report from Elite in writing and pay the corresponding fees. If the Client refuses the creation of a condition report, Elite is not liable for any damages to the artwork if stored in an unknown condition.

   
   

   Unpacked Artwork:

   Elite will notify the Client immediately if the artwork is received unpacked and/or unready for storage. Elite refuses to store artworks that are not suitable for storage.

2. Claims for Loss or Damage. You must make any claim for loss or damage to Your property in writing to Us within 30 (thirty) days of Our delivery of Your property to You or a party You designate and You must allow Us to inspect any property subject to a claim against Us within 15 (fifteen) days of Our receipt of a claim by You. We will not pay any claim to You until all charges for services and/or storage owed by You to Us have been paid.
3. Failure of Delivery. In the event that We are unable to deliver Your property as directed by You, We may, at Our discretion and upon notice to You, reattempt delivery,retain and store Your property, or return Your property to You. Unless such a failure of delivery is due to Our negligence, You shall pay Us for the initial delivery attempt, and, at Our then prevailing rates, for any additional services We provide You due to such failure. In no case shall We be liable to You for any consequential damages, including but not limited to, loss of use, income, or market, arising from Our failure to make timely delivery of any of Your property.
4. Account Closure. In the event that You wish to close Your account with Us or otherwise have all of Your property released from Our facility while You have an outstanding account balance, We require you to pay Your account in full before Your property can be released to You or any shipper on Your behalf.
5. General Lien. We shall have a general lien on any and all of Your property in Our possession for charges due Us for any and all services provided by Us to You and amounts advanced by Us on Your behalf, including the costs of collecting such charges from You. We shall have the right to retain any of Your property until delinquent amounts owed to Us by You are paid in full. If You do not settle such delinquent charges within 180 (one hundred eighty) days of Our first notice to You of delinquency, and provided that We make at least two additional notices of delinquency to You within 90 (ninety) days of the first such notice, We shall have the right to dispose of Your property in any lawful manner, including public or private sale of such property, with no additional notice to You. If We sell Your property in settlement of this lien, We shall first apply sale proceeds to any amounts owed by You to Us, including reasonable interest, storage, transportation, and sale expenses, and then remit any remaining amount to You.
6. Ownership of Property. By tendering property to Us, You warrant that You are the rightful owner of such property or have been granted the right to tender the property to Us and contract for services with Us by the rightful owner of the property. You agree tohold Us harmless from any and all claims arising from disputed ownership of any property You tender to Us.
7. Reasonable Discretion. Unless otherwise instructed, in advance, by You, We shall use reasonable judgment in determining appropriate storage conditions and handling methods for Your property and We shall have no liability to You for loss or damage provided We are not negligent. In exercising such judgment, We may depend on Your disclosures about and descriptions of Your property, and We shall have no liability to You or any third party if such disclosures or descriptions are false or materially inaccurate and such falsehood or inaccuracy results in any loss of or damage to Your property for any reason including acts or omissions by Us that could otherwise be deemed negligent.
8. Reliance on Estimates. Any estimate provided by Us to You is for informational purposes only and depends on the accuracy of information provided by You. Unless We have agreed, in advance and in writing, to a fixed or maximum charge for any services provided to You, Our actual charges may be greater or less than Our estimates and will reflect actual time spent, including preparation and clean-up time, a reasonable allocation of project management time, material used, and third-party services engaged by Us to provide the services You request, the actual number of items, dimensions, and other attributes of Your property, and any other factors that influence Our cost to provide service to You per Your requests. We will use reasonable commercial effort to inform You when We have reason to believe actual charges will exceed estimate(s) provided to You. However, Our failure to provide such notice shall not, under any circumstances, constitute a valid basis for disputing any such charge(s). Initial estimates will be made at no cost to You.
9. Client Billing. We assume that You are the billing party, unless, at the time of booking, You inform us otherwise, in writing and with an email introduction to the designated Billing Party. In order for Us to hold a job billed to a 3rd party on our calendar, We will need confirmation from the Billing Party as well as their detailed billing information (billing party name, address, email, and phone number). While We agree to use reasonable effort to accommodate requests for billing-party change after a job has been performed, We reserve the right to refuse such requests if they are made after We have already billed You. In any event, You agree to pay Us for any services You request from Us if We do not receive suitable confirmation of intention to pay from an alternative Billing Party You designate.
10. Site Visits. In order to best understand Your specific job needs and for estimating purposes, We may recommend performing a site-visit at the job location. We will perform one (1) site visit within Los Angeles county limits at a flat rate of $150 the first two (2) hours. Additional time incurred and/or site visits, as well as site visits performed outside of Los Angeles County limits, will be billed at Our standard hourly rates.
11. Vendor Coordination. We coordinate selective services that We do not currently offer in-house for a fee equal to either 15% (fifteen percent) of the amount estimated for such services by Our vendors and/or industry partners based on the information You supply Us at the time of Your request, or hourly project management, whichever is higher. For Us to book any such coordinated service for You, We require payment in-full, based on the estimate We receive from Our partners for services You request. We may elect to extend credit terms to You for all or part of these services after You have used Our externally coordinated services five (5) or more times in a calendar year. In any event, If the scope of the job increases from the amount initially estimated or otherwise deviatesfrom the description You provided to Us, You will be billed for any additional charges We incur in contracting these services for You. Absent specific written instructions from the customer, or absent an executed storage contract, Elite shall be at liberty to engage subcontractors as needed and as deemed reasonably appropriate by Elite. Upon tendering goods to another carrier or warehouseman, the customer understands and agrees that said subcontractor becomes liable for the goods under its own BOLor Dock Receipt. It is understood that Elite’s receipt of subcontractor’s BOL or Dock Receipt constitutes an agreement between Elite and its customer to release cargo, and for said cargo to be then governed by the subcontractor’s document terms and conditions. Elite shall not be liable to review other parties’ terms and conditions on the customer’s behalf.Customer agrees to unconditionally reimburse Elite for any monies advanced to subcontractors engaged for shipment, handling, and/or storage of customer’s goods, whether or not the job is completed as originally planned.
12. Overtime Policy. Any labor conducted outside of standard business hours (9:00am5:00pm, Monday through Friday) or in excess of 8 (eight) hours in a single day, will be subject to Our overtime rates, which We bill at time and a half, per staff member. Weekend rates, which We bill at time and a half with a 4-hour (four-hour) minimum, per staff member, and holiday rates, which We will bill at a double time rate with a 4-hour (four-hour) minimum, per staff member, will be communicated to You, in writing, prior to the booking of Your job. Overnight jobs will be negotiated on a case by case basis.
13. Cancellation Policy. In the event that You cancel a job with Us within 3 (three) business days of when the job was scheduled to commence and We cannot reallocate Our staff to other client jobs, We reserve the right, at Our discretion, to charge You a portion of the job, based on the time We anticipated the job to take. Charges will be calculated as follows: jobs canceled by You within 3 (three) business days will be subject to 25% (twenty five percent) of the anticipated job billing; jobs canceled by You within 2 (two) business days will be subject to 50% (fifty percent) of the anticipated billing; and jobs canceled by You within 1 (one) business day will be subject to 75% (seventy five percent) of the anticipated billing.
14. Premium Billing. All jobs that are requested by You to be completed in less than 1 (one) business day from the request date will be billed at time and a half for staff in the field and/or will incur an additional labor charge of $20/hour (twenty dollars per hour) per staff member in Our warehouse.
15. Booking Holds. Our limitations for holding slots on Our calendar for requested jobs prior to confirmation and booking are as follows: job requests made 1 (one) month from the booking date will be held for 1 (one) week; job requests made 1 (one) week from the booking date will be held for 1 (one) business day; bookings made within 1 (one) business day will be subject to Our premium billing. We will make every effort to notify You, in writing, when We must release held dates from Our calendar.
16. Receipts and Releases. All estimates and quotes for receiving Your property into or releasing it from Our warehouse assume that such property is properly wrapped and packed for storage and/or transportation. All costs of packing and/or crating connected with receipts and releases, including labor and materials, will be charged separately. Wereserve the right to refuse to receive artworks that in Our sole judgment are not properly prepared or are otherwise unsuitable for storage unless You pay Us to correct the deficiency, pursuant to an estimate We will provide upon request. Our charges for release of Your property will include any applicable administrative and/or project management labor but will not include Our costs to locate and move Your property from its actual storage location to a centralized and standardized release point within Our warehouse.
17. Revised and Expedited Billing. Accurate billing party name, mailing address, email address, and phone number are to be provided by You upon initial request for services. Invoices are generated after job completion and are sent to You within the month following performed services. Per request, We will issue a revised invoice within 60 days of original invoice date. If a revision is due to anything other than Our error, We reserve the right to charge $25 per revision. Per request, We will issue an expedited invoice in up to five (5) business days after initial request. If an expedited invoice is needed by You in sooner than five (5) business days, We reserve the right to charge $100 per invoice.
18. Governing Law. These Terms and Conditions shall be construed and interpreted in accordance with the laws of the State of California.