Terms & Conditions
1. TERMS AND CONDITIONS
Shipment received subject to the classification and tariffs 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), labeled and consigned, and destined as indicated, Richard Wright, Inc. agrees to carry to its usual place of delivery at said destination if on its route, otherwise to deliver to another carrier (the word carrier being understood throughout this Bill of Lading as meaning any person or corporation in possession of the property under the Bill of Lading) on the route to said destination. It is mutually agreed as to each carrier of all or any of said property over all or any portion of said route to destination and as to each party at any time interested in 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. LIMITATION OF LIABILITY:
THE MAXIMUM LIABILITY OF RICHARD WRIGHT, INC. ITS EMPLOYEES, AGENTS AND REPRESENTATIVES, FOR LOSS OR DAMAGE BY ANY CAUSE, INCLUDING NEGLIGENCE, IS LIMITED TO $0.60 (SIXTY CENTS) PER POUND PER ITEM, AS DETERMINED BY THE ACTUAL WEIGHT OF THE UNWRAPPED ITEM, UNLESS A GREATER AMOUNT IS DECLARED ON THE FACE OF THE BILL OF LADING AND AN ADDITIONAL CHARGE IS PAID. SHOULD ANY CLAIM IN AN AMOUNT IN EXCESS OF THE FOREGOING LIMITS OF LIABILITY BE ASSERTED AGAINST RICHARD WRIGHT, INC. BY A THIRD PARTY FOR LOSS OR DAMAGE TO FREIGHT HANDLED BY RICHARD WRIGHT, INC THE SHIPPER, CONSIGNEE, AND CONSIGNOR AGREE TO HOLD RICHARD WRIGHT, INC. HARMLESS AS AGAINST ANY SUCH CLAIM. THIS PROVISION SHALL BE IN FORCE IRRESPECTIVE OF THE CAUSE OF SUCH LOSS OR DAMAGE, INCLUDING NEGLIGENCE. IN NO EVENT SHALL RICHARD WRIGHT, INC. BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES.
Shipper, consignee, and consignor agree that the above Limitation of Liability, including but not limited to Richard Wright, Inc.’s limit of liability of $O.60 per pound per item, applies to all art services. The term “art services” includes, but is not limited to, shipping of art, packaging of art, storage of art, advice on hardware for art, and placement of art. The term, “placement of art” includes but is not limited to hanging and removal of paintings on or from walls, mounting and removal of sculptures on or from pedestals, and lifting and removal of art into or out of buildings or open places.
3.
In cases where shipment is packed by owner or packed by shipper (PBS), insurance in excess of the released $0.60 per pound per item shall only be offered as “LIMITED INSURANCE” meaning coverage will only apply for fire, theft and total loss of object Internal breakage or concealed damage is not covered under this type of insurance. THE FIRST ONE THOUSAND DOLLARS VALUATION IS NOT COVERED ($1,000.00 DEDUCTIBLE). 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.
4.
If the value is in excess of $O.60 per pound per item be declared by shipper in advance, and accepted in writing by Richard Wright, Inc., the insurance coverage provided is summarized and conditioned as follows:
(GENERAL SUMMARY ONLY)
Standard all risk perils including but not limited to loss or damage by fire, lightning, windstorm, hail, explosion, collapse, water damage, burglary, thefts, vandalism and malicious mischief, breakage and transit damage. PERILS EXCLUDED ARE 1) wear and tear, gradual deterioration, moths, vermin, inherent vice or damage sustained due to or resulting from any repairing, restoration, retouching or framing process; 2) war risks and nuclear reactions or radiation; 3) mysterious disappearance and inventory shortage; 4) infidelity of person to whom the insured property is entrusted (except this exclusion does not apply to employees and carriers for hire).
THE FIRST ONE THOUSAND DOLLARS VALUATION IS NOT COVERED ($1,000.00 DEDUCTIBLE).
Substantiation of Value is the responsibility of consignor. Consignor and consignee must provide for insured property to be packed and unpacked by competent packers as provided above. NOT INSURABLE: glass; works in plaster; wax; uncured (not thoroughly dry) oil paintings. We reserve the right to refuse to extend insurance coverage at will upon consignment.
5.
Richard Wright, Inc. shall not be responsible to substantiate values of goods in transit; nor is the carrier responsible to provide proof or origin or authenticate in any way such goods in transit regardless of the description listed on the face of this Bill of Lading. 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. Claims for damage or loss of value may not exceed insurance amount purchased as listed on the face of this Bill of Lading.
6.
Richard Wright, Inc. 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 Bill of Lading also extend to items damaged inside a shipper or consignee’s premises or place of business.
7.
Richard Wright, Inc. is not responsible for inferior workmanship of any item to be hung, any surface to be hung on, any defects in materials used in hanging, or for pipes, plumbing, or electrical conduits behind walls. Richard Wright, Inc. has the right to refuse any hangings it deems unsafe, to be determined in Richard Wright, Inc.’s sole discretion.
8.
Shippers, consignors, and consignees agree to release carrier from all liability for physical damage, loss or loss due to delay for items of freight including, but not limited to: 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. Parties further agree that carrier may define subjective terms, including but not limited to “inadequately packed”, “inherent vice”, and “excessively worn” as reasonably and commonly acceptable in carrier’s industry and as applied against common and previous occurrences in the normal course of packing and shipping.
9.
Richard Wright, Inc. 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. Richard Wright, Inc. is not bound to transport goods by any particular means, schedule, vehicle, or otherwise than with reasonable dispatch.
10.
Richard Wright, Inc. 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.
11.
Richard Wright, Inc. 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.
12.
To the extent that the Carmack Amendment 49 USC § 14706 is applicable, Richard Wright, Inc. herein incorporates by reference all benefits, defenses and exemptions of the aforementioned statute to the full extent they may be applicable.
13.
Claims regarding loss or damage of any kind must be made in writing and within thirty (30) days of the delivery date of shipment Richard Wright, Inc. 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 Richard Wright, Inc., or the carrier’s insurance adjuster in the event of claims on insured shipments. Claims not reported within thirty (30) days of the delivery date shall be deemed waived. Notwithstanding the above, receipt by the customer or consignee of the goods without written notification of damage on the Bills of Lading shall be prima facie evidence that the goods were delivered in good order and condition.
14.
Shipper and consignee indemnify Richard Wright, Inc. against loss to property or personal injury in the event that shipper or consignee or their agent interferes with or impedes Richard Wright, Inc. ‘s collection, delivery, and/or handling procedures.
15.
The following types of freight will not be transported by the carrier under any circumstances: 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 Richard Wright, Inc. which are willfully disguised by the shipper shall entitle Richard Wright, Inc. to recover any and all costs for fines, penalties, legal fees, damage to Richard Wright, Inc. equipment and/or personal injury and compensation to Richard Wright, Inc. employees. The shipper 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.
16.
All conditions set forth on this side of the Bill of Lading are binding and cannot be modified, altered or waived by any person including Richard Wright, Inc. employees, save for officers of Richard Wright, Inc., and then only in writing and when signed by such an officer.
17.
In the event that freight cannot be delivered to its destination, Richard Wright, Inc. may engage other carriers at Richard Wright, Inc.’ s discretion; these services to be engaged after reasonable attempts to verbally contact concerned parties to the shipment. 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 Richard Wright, Inc.’s receipt of other carrier’s bill of lading or receipt ticket constitutes an agreement between Richard Wright, Inc. 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 bill of lading or receipt ticket. Richard Wright, Inc. shall not be liable to review other carrier’s terms and conditions in full.
18.
Estimates and quotations are issued on the basis of immediate acceptance; Richard Wright, Inc. 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 parries at either pick-up or delivery.
19.
No claims for loss or damage will be entertained until all of carrier’s charges have been paid in full. The amount of the claim may not be deducted from the total due and payable charges.
20.
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 Commonwealth of Massachusetts, without regard to its principles of conflicts of laws.
21.
Payment terms are net fifteen (15) days from presentation of invoices.
22.
Invoices not paid within thirty (30) days of issuance are subject to a (1.5,% PER MONTH SERVICE CHARGE.
23.
Shipper and consignee certify that they are familiar with all the bill of lading terms and conditions and the said terms and conditions are agreed to by the shipper and consignee and accepted for them and their assigns.