Terms and Conditions

These Terms and Conditions govern all services rendered by Elite Art Enterprises, LLC ("Elite"), and shall apply to any and all transactions between Elite and its clients, including but not limited to fine art storage, transportation, installation, deinstallation, packing, crating, and third-party coordination. These terms are legally binding and are incorporated into all service agreements, bills of lading, storage contracts, work orders, and project communications unless otherwise agreed in writing.

1. LIMITATION OF LIABILITY: Elite Art Enterprises, LLC (“Elite”)’s liability for loss, damage, or theft of property is strictly limited to the lesser of $0.60 per pound (based on unwrapped item weight) or $100 per item, unless a higher value is declared in writing by the client and the corresponding surcharge for extended coverage is paid and accepted by Elite in writing. This limitation applies regardless of cause, including negligence, except in cases of gross negligence or willful misconduct.
   
   Clients acknowledge that fine art is subject to inherent risks. Elite assumes no liability for loss or damage due to natural deterioration, pre-existing conditions, improper or insufficient prior packing, handling performed against Elite’s recommendation, or environmental factors such as humidity, temperature, pests, fire, flood, war, terrorism, or acts of God. Under no circumstances shall Elite be liable for consequential, incidental, or special damages, including lost profits, depreciation in market value, or emotional distress.
   
   Elite Art Enterprises, LLC assumes no liability for loss or damage to any item identified as “PBO” (Packed by Owner) on the intake or release documentation. Such items are received and/or released in sealed condition, and their contents or condition are not verified by Elite. Accordingly, the client bears all responsibility for the condition and integrity of PBO items while in Elite’s care. All items are presumed to be received or released in good condition unless damage is documented at the time of transfer on the relevant Incoming Receipt, Release Form, or Bill of Lading. Failure to note damage at the time of intake or release constitutes acceptance of the item in good condition and waives any future claims against Elite related to that condition.
2. INSTALLATION AND SITE RISKS: Elite will exercise reasonable care during the installation or deinstallation of artworks. Elite is not responsible for any damage, loss, or injury resulting from inadequate wall structure, faulty anchor points, or client-directed installation locations. Risks arising from site conditions—including uneven flooring, unsuitable wall materials, or interference with utilities—are the sole responsibility of the client.
   
   Elite recommends pre-installation site inspections for heavy, oversized, or fragile works. The client agrees to indemnify and hold Elite harmless for any property or structural damage resulting from inadequate site preparation, hidden defects, or the use of client-supplied hardware or materials.
3. CLAIMS FOR LOSS OR DAMAGE: Written notice of any loss or damage must be submitted to Elite within thirty (30) calendar days of delivery or release of the property. Failure to provide written notice within this period constitutes a waiver of all claims. Upon receipt of a timely claim, Elite must be given a minimum of fifteen (15) calendar days to inspect the property. Claims will not be considered unless all outstanding fees and charges have been paid in full.
   
   Elite reserves the right to deny any claim lacking supporting documentation, such as condition reports, photographs, or third-party evaluations. All claims are evaluated on a case-by-case basis, and acceptance of a claim does not constitute an admission of liability.
4. FAILURE OF DELIVERY: If Elite is unable to deliver property due to incorrect instructions, lack of access, or other circumstances beyond Elite’s control, Elite may, at its discretion, store the item, attempt redelivery, or return it to the point of origin. Additional handling, transportation, and storage fees will apply in such cases.
   
   Elite is not responsible for any loss of use, opportunity, or market value resulting from delays or failed delivery attempts.
5. ACCOUNT CLOSURE: Clients must settle all outstanding invoices before requesting the closure of their account or the full release of stored inventory. No items will be released, transferred, or made accessible until all fees, including late fees, storage charges, and service fees, are paid in full. A minimum of 48 hours’ notice is required to schedule final release.
6. GENERAL LIEN: Elite retains a possessory lien on all property in its custody for unpaid balances, including storage, labor, packing, transportation, and administrative charges. If delinquent charges are not resolved within 180 days of initial written notice, Elite may initiate sale, disposal, or transfer of the property in accordance with applicable law.
   
   Any sale proceeds will be applied to the outstanding balance, with any remainder remitted to the client if contact can be established.
7. OWNERSHIP AND AUTHORITY: By submitting property to Elite, the client represents and warrants that they are the lawful owner or authorized agent of the owner, with full authority to store, transport, or otherwise engage Elite’s services regarding the property. The client agrees to indemnify and hold Elite harmless from all claims, disputes, or legal actions arising from third-party ownership issues.
8. STORAGE & HANDLING DISCRETION: Elite will use commercially reasonable discretion in determining appropriate handling, packing, and storage methods unless specific written instructions are provided by the client. If no condition report is provided or requested, items are presumed to be received in satisfactory condition. Elite is not responsible for losses due to pre-existing conditions or inadequate prior packing not detectable upon intake.
9. INSURANCE & DECLARED VALUE: It is the client’s responsibility to maintain adequate insurance coverage for all items in storage, transit, or otherwise under Elite’s care. Elite does not insure property unless explicitly agreed in writing. Clients who decline to provide insurance assume full liability for any potential loss or damage.
   
   Clients may request increased liability coverage by submitting a Declared Value Statement prior to service and paying any applicable fees. Declared value coverage is not insurance and is subject to Elite’s limited liability framework unless otherwise agreed in writing.
10. FORCE MAJEURE: Elite shall not be liable for delays, non-performance, or damage resulting from events beyond its reasonable control, including but not limited to natural disasters, fires, floods, storms, pandemics, governmental actions, labor strikes, supply chain disruptions, or acts of terrorism or war. Delays caused by such events do not constitute a breach of contract.
11. ESTIMATES & BILLING: Estimates are based on information provided by the client and are subject to adjustment based on actual job conditions. Billable time includes travel, project management, preparation, and clean-up. Final invoices reflect actual services rendered.
    
    Changes requested after billing has been issued may incur a $25 revision fee. Expedited billing (faster than 5 business days) may incur a $100 rush fee. Clients must review invoices upon receipt and notify Elite of any discrepancies within 10 days.
12. CLIENT BILLING POLICY: Unless otherwise specified and confirmed in writing, the client requesting services is responsible for payment. Third-party billing arrangements require pre-approval and complete billing details. Reassignment of billing responsibility after service is performed is not guaranteed and is at Elite’s sole discretion.
13. SITE VISITS: Site visits are recommended for complex installations or collections. One local site visit (within Los Angeles County) is available at $150 for up to 2 hours; additional time is billed at standard hourly rates. Site visits outside Los Angeles County will incur travel surcharges.
14. VENDOR COORDINATION: Elite may coordinate with external vendors for services such as rigging, craning, specialized crating, or climate-controlled shipping. These services incur a 15% coordination fee or project management hourly billing, whichever is greater. All vendor costs must be prepaid unless credit terms are approved in advance.
15. OVERTIME POLICY: Work performed outside normal business hours (9am–5pm, Monday–Friday), including evenings, weekends, or holidays, is billed at elevated rates. Weekends are billed at time-and-a-half with a 4-hour minimum per staff member. Holidays are billed at double time with the same minimum. Overnight projects are quoted on a case-by-case basis.
16. CANCELLATION POLICY: Cancellations with less than three business days’ notice are subject to the following charges:
    • 3 business days’ notice: 25% of estimated charges
    • 2 business days’ notice: 50% of estimated charges
    • 1 business day or less: 75% of estimated charges
    
    These charges compensate for committed resources and lost opportunity to reallocate scheduled labor.
17. PREMIUM BILLING: Jobs requested for same-day execution or with less than one business day’s notice are billed at time-and-a-half for all field staff. Warehouse rush preparation incurs a surcharge of $20/hour per technician. These rates reflect the additional effort required to meet urgent timelines.
18. BOOKING HOLDS: Calendar holds are honored as follows:
    • Holds made 1 month in advance: held for 7 days
    • Holds made 1 week in advance: held for 1 business day
    
    If confirmation is not received within these windows, Elite reserves the right to release the booking slot to accommodate other clients.
19. RECEIPTS & RELEASES: All items entering or leaving Elite’s facility must be properly packed, labeled, and documented. Elite reserves the right to refuse unpacked or improperly prepared items. If the client authorizes repacking, all labor and materials will be billed accordingly. Fees apply for inventory retrieval, documentation, and coordination during property release. If the client refuses to pay for repacking, the item will be stored under UNKNOWN condition.
20. GOVERNING LAW: These Terms and Conditions are governed by and construed in accordance with the laws of the State of California. Any disputes arising hereunder shall be resolved in the courts of Los Angeles County, California, unless otherwise agreed in writing by both parties.