1. Carrier’s Liability for Loss, Damage or Delay.
The Carrier shall be liable for physical loss, damage or delay to any articles from external cause while being carried or held in storage-intransit except loss, damage or delay caused by or resulting from: (a) An act, omission or order of Shipper; (b) Defect or inherent vice of the article, including damage because of atmospheric conditions such as temperature and humidity or changes therein; (c) Consequential and/or special damages including, but not limited to, loss of sales or business; (d) Any (i) hostile or warlike action in time of peace or war; (ii) insurrection, rebellion, revolution or civil war; (iii) seizure or destruction under quarantine or customs regulations; (iv) confiscation by order of any governmental authority or risks or contraband or (v) risks of contraband or illegal transportation or trade; (e) Terrorist activity; (f) Delay caused by strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking part in any such occurrence or disorder, and from loss or damage when carrier, after notice to Shipper or Consignee of potential risk of loss or damage to the shipment from such causes is instructed by Shipper to proceed with such transportation and delivery, notwithstanding such risks; (g) Acts of God. (h) Inadequate description or lack of specific handling requirements on quote form.
SUBJECT to the further following limitations, the Carrier's maximum liability shall be: (a) The lump sum value, if any, declared by Shipper on the Bill of Lading, subject to deductible chosen; or (b) The actual loss or damage not exceeding sixty (60) cents per pound of the weight of any lost or damaged article when the Shipper has released the shipment to Carrier, in writing, with liability limited to sixty (60) cents per pound article; or (c) The actual (depreciated) value of the lost or damaged articles, if carrier fails to obtain a Shipper's valuation declaration on the Estimated Costs of Services or on the face of this document.
2. Claims Procedure and Limitation
The Carrier must be advised in writing of any damaged to the property within three (3) days after delivery. However, any damage must be noted by customer on original Bill of Lading upon delivery in front of the Carrier Representetive. No claims will be granted if customer did not notified the Carrier Representetive about consealed damaged in the moment of delivery. The Carrier's liability for loss or damage to any items shipped as part of a pair or set shall be limited to the repair or replacement of the item. Selfpacked boxes, selfwrapped furniture and crates will not be covered for damage in transit. Unless there is a visible damage to the packing that caused the damage to murchandise.
3. Art, Antiques and other Irreplacebale Murchandise
The Carrier does not insure for total loss any art, antiques or other irreplacebale murchandise. Customer has to obtain his/her own insurance or assume a full responsibility in case of a complete loss or not fixable damage to murchandise. The carrier offers insurance that will cover art, antiques and other irreplacebale murchandise for damage only. The cost of repair should not exceed more than $1,000 per unit. Customer will not be able to recover the difference between original value of the murchandise and after murchandise being fixed.
As a condition precedent to suit, claims must be filed in writing with the Carrier within nine (9) months of delivery of the property or in the case of failure to make delivery, then within (9) months after reasonable time for delivery has elapsed. Lawsuits shall be instituted against Carrier only within two (2) years and one (1) day from the day when notice in writing is given by the Carrier to the claimant that the Carrier has disallowed the claim or any part thereof specified in the notice. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provision, Carrier shall not be liable and such claims will not be paid.
Carrier may satisfy a claim by repairing or replacing the property lost or damaged with materials of like kind, quality and condition at time of acceptance by Carrier.
No claim for loss, damage or delay to a shipment will be processed by the Carrier until all transportation charges thereon have been paid. The amount of the claims cannot be deducted from the total due and payable transportation charges.
4. Carrier's Rights-Inability to Deliver/Transit Time.
If for any reason other than the fault of Carrier, delivery cannot be made at address shown on the face hereof, or at any changed address of which Carrier has been notified, Carrier, at its option, may cause articles contained in shipment to be stored in warehouse selected by it at the point of delivery, or at other available points, at the cost of the owner, and subject to a lien for all accrued tariff, contract and other lawful charges. The Carrier does not guarantee or undertake delivery of the goods within any particular time period.
Storage Charges will begin on the 7th day after pick up and will be billed to the Consignee.
5. Carrier's Rights-Refusal of Delivery or Failure to Pay Charges.
If shipment is refused by Consignee at destination, or if Shipper, Consignee or owner of property fails to receive or claim it within fifteen (15) days after written notice by United States mail addressed to Shipper and Consignee at post office addressed shown on face hereof, or if Shipper fails or refuses to pay lawfully applicable charges in accordance with Carrier's applicable tariff, Carrier may sell the property at its option, either (a) upon notice in the manner authorized by law; or (b) at public auction to highest bidder for cash at a public sale to be held at a time and place named by Carrier, thirty (30) days notice of which sale shall have been given in writing to Shipper and Consignee, and there shall have been published at least once a week for two consecutive weeks in a newspaper of general circulation at or near the place of sale, a notice thereof containing a description of the property as described in the bill of lading, and the names of the consignor and consignee. The proceeds of any sale shall be applicable to shipment and toward expenses of notice, advertising and sale, and of storing, caring for and maintaining property prior to sale, and the balance, if any, shall be paid to owner of property; PROVIDED that any perishable articles contained in said shipment may be sold at public or private sale without such notices, if, in the opinion of Carrier, such action is necessary to prevent deterioration or further deterioration.
6. Self-Insured or uninsured Shipment.
Customer assumes all liabilities and responsibilities for any losses and/or damages to the item(s) described in the contract. In the event that any property is lost or damaged while in the possession of Designer’s Touch and De Ramus Antique Services, Customer waived the right to hold Designer’s Touch or De Ramus Antique Services liable for any losses and/or damages incurred.
Limit of Liability:
Any provision in this receipt or in any other agreement, whether written or oral, to the contrary not withstanding Gated Treasure Warehouse here in referred to as the company, will be liable for damages, for loss of or injury to the goods caused by its failure to exercise such care with regard to them as a resonable careful man would exercize under like circumstances: however the company shall not be liable for damages which could not have been avoided by the exercize of such care, including without limitation, loss or damages resulting from acts of god, civil or military authority, insurrections, riot or strikes, enemies of the goverment, sprinkler leakage, change in tempreture, flood, wind, storm, fire, moth, corruption, depreciation, injury or damage caused by rats or other vermin or other cause not originating in the warehouse or which is beyond the control of the company. no responsibility is assumed for loss in weight, for breakage for insufficient cooperage, boxing, crating or packaging or for wear and tear.
All storage and handling charges must be paid on goods lost or damaged by any of the above causes. as to all loss or damage to which the company is liable, the liability of the company shall not exceed the lesser of (a)The actual value of the goods stored (b) One hundred times the quoted monthly storage rate or (c) the proceeds of liability insurance carried by the company, payable on such loss or damage provided that in the event proceeds of liability insurance are paid to the company for loss or damage to more than one item, such proceeds shall be allocated among such items according to the monthly storage rate of the same. the limitation of clause (b) of the proceeding sentence can be increased by a declaration by the storer of an excess value made in writing at the time the goods are stored and consented to by the company in writing. there will be a charge of 0.5% per month on the excess valuation in additin to the quoted monthly storage rate.
The company hereby claims a lien under applicable florida state law for all costs on charges for storage and preservations of the goods. also for all lawful charges for money advanced, interest, insurance, transportation, labor, weighing, cooperage and other charges present and future in the relation to the goods and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. the company also claims a lien under said section for like charges or expenses in relation to all other goods stored by same warehouse by storer.
Art Antiques & Other Irreplaceable Merchandise.
Designer’s Touch and De Ramus Antique Services do not insure for total loss any art, antiques or other irreplacebale murchandise while in storage. Customer has to obtain his/her own insurance or assume a full responsibility in case of a complete loss or not fixable damage to murchandise. Designer’s Touch and De Ramus Antique Services offer insurance that will cover art, antiques and other irreplacebale murchandise for damage only. The cost of repair should not exceed more than $1,000 per unit. Customer will not be able to recover the difference between original value of the murchandise and after murchandise being fixed.