Terms and Condition

AIR-SEA PACKING GROUP LTD

Company Number: 02727100
Unit 1 Northolt Trading Estate, Belvue Road, Northolt, Middlesex, UB5 5QS.
+44 (0)20-8893-3303 +44 (0)20-8893-3068

The following documents form a binding agreement (“Agreement”) between Air-Sea Packing Group Ltd (“ASPG”, “We”, “Our” or “Us”) and the client (“Client”, “You” or “Your”):

1. Proposal; and

2. Terms and Conditions.

If there is any conflict or ambiguity between the Proposal or the Terms and Conditions, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list. The Terms and Conditions apply to the Agreement to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. A reference to writing or written excludes fax but not email.

TERMS AND CONDITIONS

BY ENTERING THIS AGREEMENT, YOU EXPRESSLY AGREE TO BE BOUND TO THE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

YOU SHOULD PAY PARTICULAR ATTENTION TO CLAUSES 2.6, 2.7, 5, 10, 11, 13, 14 AND 25 (ADDITIONAL CONSUMER TERMS).

1. COMMENCEMENT AND DURATION
1.1 This Agreement shall commence on the date of the Proposal and shall continue, until terminated in accordance with clause 15 of this Agreement.

2. APPOINTMENT AND SERVICES
2.1 ASPG shall agree the scope of the services (“Services”) required by the Client in writing (“Proposal”) prior to commencement of this Agreement.
2.2 The parties may vary the scope of the Services provided that the other party has agreed to the variation in writing. The Services and Charges may fluctuate depending on any adjustments that You require throughout the duration of this Agreement, for example fluctuations in storage space required from month to month. ASPG will notify any changes to the Services and Charges with You in writing.
2.3 The Client appoints ASPG to provide the Services to the Client.
2.4 ASPG shall provide the Services during normal business hours (8 am to 4 pm Monday to Friday) on normal business days (a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business).
2.5 ASPG shall:
(a) provide the Services in accordance with the Agreement; and
(b) provide the Services with reasonable care and skill.
2.6 Time shall not be of the essence for performance of the Services. All statutory warranties are excluded to the maximum extent permitted by applicable law.
2.7 Unless stated otherwise in this Agreement, ASPG will not:
(a) dismantle, disassemble, assemble or reassemble products composed of medium density fiberboard (MDF); chipboard or unit furniture (flat-pack type assemblies);
(b) disconnect or reconnect any appliances from or to any service, utility, fitting or other equipment. This includes, but is not limited to, computer equipment, electronics, kitchen large or small appliances, audio equipment etc;
(c) remove or place fitted floor coverings;
(d) hang or fit curtains, blinds or other window coverings, pictures, artwork or other wall hung items;
(e) move or transport storage heaters (unless dismantled by others), safes, or any article weight greater than 550 pounds (250 Kg);
(f) move, transport or store any items that have not been agreed with ASPG and listed on the inventory.

3. INVENTORY
3.1 ASPG shall provide the Client with an inventory of all Goods subject to the Services under this Agreement. The inventory provided to the Client shall constitute a complete and accurate list of the Goods received by ASPG. The Client should notify ASPG in writing of any error or omission within 3 days of receiving the inventory and, if appropriate, ASPG shall provide an updated inventory.

4. CLIENT’S RESPONSIBILITIES
4.1 You shall inform ASPG of any special packing requirements, particular faults or fragility of which You are aware and which would affect the manner and method utilized by ASPG to pack the Goods.
4.2 To the extent ASPG’s Services include removal of property from any location, the Client shall:
(a) ensure that any property that is not intended for Services shall be removed from the premises and any property that is intended for Services is not left behind at the premises; (b) obtain at Your sole cost and expense all documents, permissions, permits, or approvals necessary for the performance of the requested Services;
(c) be solely responsible for the security of the Goods at the premises from which any property is being removed and at any destination point to which ASPG is contracted to deliver such property;
(d) ensure that You or Your Authorized Representative (as specified in the Proposal) are present at the time of any delivery and throughout the delivery process until completed;
(e) be solely responsible for the proper and adequate preparation and stabilization of all electrical or electronic appliances and equipment, prior to removal of the same from any premises by ASPG;
(f) You shall make any necessary arrangements and payment for any necessary parking facilities which may be required by ASPG to perform its Services or reimburses ASPG for any reasonably incurred parking or access charges as requested. You are solely responsible for assuring appropriate and adequate physical access to Your premises to permit ingress and egress of ASPG vehicles.

5. CLIENT’S WARRANTIES AND INDEMNITIES
5.1 This clause 5 shall not apply if You are a consumer.
5.2 You warrant on an ongoing basis that:
(a) You are the owner (or are authorized by the owner) of all goods, materials, property, merchandise, articles or items (“Goods”) You request ASPG to deal with and You have the legal right to instruct ASPG to perform the Services;
(b) none of the Goods are dangerous, hazardous or constitute illegal contraband under the laws of any country from, through or to which ASPG may be contracted to transport such items; and
(c) You have supplied ASPG with all material information relating to Your requirements for the Services.
5.3 You shall indemnify ASPG against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses, suffered or incurred by ASPG arising out of or in connection with:
(a) any of the warranties given at clause 5.1;
(b) Your obligations in clause 4;
(c) any claim made against ASPG arising out of Your failure to comply with any statutory or HMRC requirements, including administrative requirements, concerning the payment of tax, customs or duties in respect of any of the Goods; and
(d) ASPG complying with direct instructions from You or Your negligence.

6. CUSTOMS DOCUMENTATION

6.1 It is Your responsibility and obligation to ensure the accuracy of any description of Goods being transported internationally by ASPG and to assure that all local legal requirements for export or import, customs declarations and documentation are accurate, adequate and complete. This obligation shall apply to Goods transported by Us as well as any Goods shipped by Client directly for which ASPG has been retained to clear customs inspection. 6.2 Subject to Client’s obligations in clause 6.1, ASPG will present and process Your prepared customs documentation to appropriate officials and agencies as necessary to effect transportation of Goods.

7. PACKING

7.1 ASPG shall pack items for storage or for carriage by land, sea or air depending on the Services. The choice of materials used in the packing of such items shall be at ASPG’s sole discretion.

8. RIGHT TO INSPECT
8.1 The Client grants ASPG the right to open or inspect any of the Goods and to properly and immediately dispose of any Goods that pose a risk or threat to the health, safety, welfare or security of ASPG’s personnel or third parties or which ASPG reasonably and in good faith believes pose a threat to health, safety welfare or security of its personnel or third parties.
8.2 You agree to waive any claim against Us and ASPG shall have no liability to You for any loss, damage, cost or expense associated with the disposition of such materials, Goods or packages disposed in accordance with clause 8.1 above. Without limiting such waiver, in the event the products, materials, packages, boxes or Goods do not represent an immediate threat to health, safety or welfare of Our personnel or third parties in the sole opinion of ASPG, We will make a reasonable effort to contact You to arrange for removal of such items from Our possession, custody and control.

9. CHARGES AND PAYMENT

10. RISK AND DAMAGE TO THE GOODS
10.1 The risk in the Goods shall pass to the Client on completion of delivery.
10.2 ASPG shall:
(a) be responsible for loading the Goods and unloading them at the area where the Goods are designated for storage or final delivery. The Goods shall be at ASPG’s risk during loading and unloading save that ASPG shall not be liable for loss or damage caused as a result of negligent acts committed by the Client or its servants or agents in assisting with unloading; and
(b) obtain a signed receipt for each delivery from the Client, an Authorized Representative or other person authorized by the relevant Client and forward a copy to the Client immediately on request
10.3 Receipt by the Client or any Authorized Representative without complaint shall constitute prima facie evidence that the Goods were delivered in good condition in accordance with this Agreement.
10.4 Subject to clause 11.2, ASPG shall be liable for:
(a) unaccountable losses of Goods while in its custody or under its control; and
(b) ascertainable losses, destruction of or damage to the Goods due to the ASPG’s gross negligence or willful acts, omissions and default, including theft, misappropriation or damage caused by ASPG while the Goods are in the custody or under the control of ASPG (“Loss”).
10.5 If and to the extent that Loss is directly caused by gross negligence or willful act or default of, or breach of duty owed to the Customer, ASPG shall compensate the Client for any such Loss subject to clause 11 below.

11. LIMITATION OF LIABILITY

12. INSURANCE
12.1 Unless specifically agreed in the Proposal, ASPG does not insure the Goods against loss, damage or theft.
12.2 The Client shall keep the Goods insured against all risks for their full insurable value (including duties and taxes) from the commencement of this Agreement.
12.3 During this Agreement ASPG shall maintain in force with reputable insurance companies, insurance to cover ASPG’s potential liability for breach of its obligations under this Agreement.

13. TIME LIMITS FOR CLAIMS
13.1 This clause 13 shall not apply if You are a consumer.
13.2 Any claim arising from any Services performed by ASPG, shall be barred and deemed waived unless notice of loss and/or damage shall have been received by Us in writing and:
(a) If You or Your agent collect property from Our premises, to which any damage or loss is claimed from Us, We will not be liable for any loss or damage unless We are notified in writing within 3 days of such property being removed from Our custody or control.
(b) If We deliver Goods to a premises, any damage or loss must be recorded in writing on the signed delivery documents and in no event later than 3 days after delivery.
(c) If We ship Goods overseas, any damage or loss must be recorded in writing on the release documents and in no event later than 3 days after release from Customs.
13.3 Any claim or demand for arbitration shall be commenced against Us within no more than 1 year from the date set forth in either 13.2(a), 13.2(b), 13.2(c) regardless of any statute of limitations that may apply to such claims. Failure to commence an action or proceeding within the time limits prescribed by this section shall constitute a waiver of all such claims.

14. OUR RIGHT OF LIEN

15. TERMINATION
15.1 Provided that any outstanding Charges are fully paid in accordance with clause 9, the Client may terminate this Agreement in relation to storage Services with immediate effect by giving written notice to ASPG that the Goods shall be withdrawn from storage.
15.2 Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
(b) the other party repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement;
(c) the other party suffers an insolvency event which means, other than for the purposes of a bona fide reconstruction or amalgamation, such party passing a resolution for its winding up, or a court of competent jurisdiction making an order for it to be wound up or dissolved, or that party being otherwise dissolved; or the appointment of an administrator of, or the making of an administration order in relation to, either party, or the appointment of a receiver or administrative receiver of, or an encumbrancer taking possession of or selling, the whole or any part of the entity’s undertaking, assets, rights or revenue;
(d) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 15.2(c) .
15.3 For the purposes of clause 15.2(a), a material breach means:
(a) a breach of any of the obligations set out in clauses 4, 5, 6, 9, 12, 17; or
(b) a breach that has a serious effect on the benefit the terminating party would otherwise derive from this Agreement during its term.

16. DATA PROTECTION
16.1 Both parties will comply with all applicable requirements of data protection legislation.
16.2 ASPG shall process Your personal data in accordance with its Privacy Policy.

17. ASSIGNMENT AND OTHER DEALINGS

18. NOTIFICATION OF ADDRESS AND NOTICES
18.1 While the Goods are in storage and under Our care, You will keep Us informed of Your current address. Notification of change of address will not be effective unless You inform Us in writing and We acknowledge in writing that We have received it.
18.2 Any notice given to a party under or in connection with this Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place. Any notice shall be deemed to have been received:
(i) if delivered by hand at the time the notice is left at the proper address; or
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting

19. DISPUTES AND GOVERNING LAW

20. SEVERABILITY

21. ENTIRE AGREEMENT
21.1 This clause 21 shall not apply if You are a consumer.
21.2 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
21.3 Each party acknowledges that in entering into this Agreement it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Agreement.
22. VARIATION
22.1 No variation of the Agreement shall be effective unless it is agreed in writing.

23. WAIVER

24. FORCE MAJEURE

25. ADDITIONAL CONSUMER TERMS
25.1 Any of the terms in this clause 25 only apply if You are a consumer.
25.2 Insurance. You must declare the value of the Goods and have insurance in place covering all risks during transport, handling and storage of the Goods. If You do not have insurance, ASPG may refuse to perform the Services.
25.3 Upon ASPG’s request, You must promptly provide copies of the insurance policy certificate and details of the cover provided.
25.4 Your legal right to change Your mind. If You bought Our Services online or over the telephone, You have a legal right to change Your mind. For most of Our Services bought online or over the telephone, You have a legal right to change Your mind about Your purchase within 14 days and receive a refund of what You paid. You can’t change Your mind if the Services have already been completed.
25.5 The deadline for changing Your mind. If You change Your mind about a product You must let Us know no later than 14 days after the day We receive your signed Proposal. You have to pay for Services You received before You change Your mind. If You bought a Service (such as storage) We don’t refund You for the time You were receiving it before You told us You’d changed Your mind.
25.6 When and how We refund you. We will refund You as soon as possible and within 14 days of You telling Us You’ve changed Your mind.
25.7 Summary of Your key legal rights for Our Services.
(a) You can ask Us to repeat or fix a Service if it’s not carried out with reasonable care and skill, or get some money back if We can’t fix it.
(b) If a price hasn’t been agreed upfront, what You’re asked to pay must be reasonable.
(c) If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

TERMS AND CONDITIONS FOR AIR SEA PACKING ATLANTA LLC.

BY ACCEPTING CONTRACTOR’S SERVICES, YOU EXPRESSLY AGREE TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Definitions: Whenever the term “Client”, “Shipper”, “You” or “Your” appears herein, it shall refer to the person, entity, or company contracting for services or work by CONTRACTOR, including any agents, employees or assigns. Whenever the term “CONTRACTOR”, “We,” “Our” or “Us” appears herein it shall refer to Air Sea Packing Atlanta LLC. as the entity supplying or performing Service(s).

PLEASE NOTE THAT ALL WORK OR SERVICES OF ANY NATURE OR KIND WHATSOEVER PERFORMED BY OR ON BEHALF OF CONTRACTOR ARE AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN UNLESS SUCH TERM OR CONDITION IS EXPRESSLY WAIVED IN WRITING BY CONTRACTOR OR AN AUTHORIZED AGENT THEREOF. 

It is agreed among the parties involved that the conditions of contract of carriage for this shipment are governed by AirSea’s tariffs, available for inspection at AirSea’s Offices which are hereby incorporated into this contract, and a copy of which will be supplied  upon request. 

PLEASE ALSO NOTE THAT THESE TERMS AND CONDITIONS MAY LIMIT THE SCOPE OF DUTIES, LIABILITIES OR OBLIGATIONS WHICH CONTRACTOR MAY ASSUME OR UNDERTAKE ABSENT SEPARATE WRITTEN AGREEMENTS. PARTICULAR ATTENTION SHOULD BE PAID TO THE LIMITATIONS CONTAINED IN THESE TERMS AND CONDITIONS.

1.0              ESTIMATES

1.1              The estimated price for CONTRACTOR’s Service(s) set forth in Our written proposal does not include Customs duties or any other fees payable to national or local government bodies. Such charges and fees cannot be anticipated in full and if paid or advanced by CONTRACTOR, such charges will be passed on to You in addition to CONTRACTOR’s charges for Service(s).

1.2              CONTRACTOR reserves the right to amend, alter and/or increase the estimated price set forth in its written proposal under the following conditions:

1. You do not accept the written proposal within fourteen (14) calendar days of issuance.
2. As a consequence of Your acts or omissions, CONTRACTOR is not able to complete the Service(s) set forth in the written proposal within ninety (90) days of the date of the Proposal.
3. Increase in CONTRACTOR’s costs due to fluctuation in currency exchange rates from the rates in effect as of the date of the written proposal; changes in taxation rates or changes in third party freight charges beyond Our control.
4. Any additional Service(s) requested by You and not specifically itemized in the Proposal.
5. Delay caused by any Force Majeure.
6. Additional time or costs incurred as a consequence of site conditions which are not disclosed by You at the time of the proposal including but not limited to adequacy and availability of stairs, lifts, doorways, access points, streets, loading and unloading sites etc.
7. Any additional costs or expenses incurred as a result of the imposition of parking or standing fees or charges imposed upon CONTRACTOR in the performance of its Service(s).
8. Please take notice that if you do not elect for the additional coverage, there will be no coverage for loss or damage to your property beyond the insurance coverage disclosed in 11.1 below. If you accept offer of coverage under the Air Sea policy, such coverage will be subject to the terms and conditions of this policy of insurance.

2.0              INVENTORY:                 CONTRACTOR has provided to You an inventory of all goods being stored and/or transported by Us under this Agreement. The inventory provided to You shall be CONCLUSIVELY PRESUMED to be a complete and accurate list of property received by CONTRACTOR unless, within three (3) days of receiving the inventory, You notify Us in writing of any error/omission.

3.0              CLIENT’S RESPONSIBILITIES DURING PROPERTY REMOVAL

3.1              To the extent CONTRACTOR’s Service(s) include removal of property from any location, the following shall be Your sole obligation and responsibility and CONTRACTOR assumes no responsibilities, liabilities or obligations in connection therewith and shall not be responsible for any loss, damage, delay or injury resulting from these matters:

1. You shall ensure that no property not intended for Service(s) by CONTRACTOR is removed from the premises and no property that is intended for Service(s) by CONTRACTOR is left behind at the premises from which property is being removed.
2. You shall obtain at Your sole cost and expense all documents, permissions, permits, or approvals necessary for the performance of the requested Service(s) by CONTRACTOR.
3. You shall be solely responsible for the security of Your property at the premises from which any property is being removed and at any destination point to which CONTRACTOR is contracted to deliver such property. You or Your authorized representative must be present at the time of any delivery and throughout the delivery process until completed. CONTRACTOR assumes no responsibility or liability for loss, theft or damage resulting from any lack of security at any pickup or delivery premises.
4. You shall be solely responsible for the proper and adequate preparation and stabilization of all electrical or electronic appliances and equipment including, but not limited to audio equipment, computer equipment etc., prior to removal of same from any premises by CONTRACTOR. CONTRACTOR shall not be liable for damage, loss, or injury to any such equipment resulting from movement, shaking, vibration or insufficient preparation by Client. Under no circumstances shall CONTRACTOR be liable for loss or damage to any software or data arising from any Service(s) supplied by CONTRACTOR.
5. You shall make any necessary arrangements and payment for any necessary parking facilities which may be required by CONTRACTOR to perform its Service(s). You are solely responsible for assuring appropriate and adequate physical access to Your premises to permit ingress and egress of CONTRACTOR vehicles.

4.0              CLIENT’S REPRESENTATIONS

4.1              By executing the contract for Service(s) with CONTRACTOR, You hereby represent and warrant that all goods, materials, property, merchandise, articles or items for which You have requested Service(s) from CONTRACTOR are solely the chattel property of Client and that Client possesses all necessary and legal rights and title in same to effect this contract.

4.2              You hereby represent and warrant that no property, goods, materials, merchandise, articles or items for which You are requesting Service(s) from CONTRACTOR are dangerous, hazardous or constitute illegal contraband under the laws of any country or state from, through or to which CONTRACTOR may be contracted to transport such items.

4.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, fines, penalties suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy or validity of the representations and warranties in Paragraphs 4.1 and 4.2.

5.0              CUSTOMS DOCUMENTATION

5.1              It is the responsibility and obligation of Client to ensure the accuracy of any description of goods, articles, merchandise or property being transported internationally by CONTRACTOR and to assure that all local legal requirements for export or import, customs declarations and documentation are accurate, adequate and complete. This obligation shall apply to property and goods transported by Us as well as any property or goods shipped by Client directly for which CONTRACTOR has been retained to clear Customs inspection.

5.2              Subject to Client’s obligations in Paragraph 5.1, CONTRACTOR will present and process Your prepared customs documentation to appropriate officials and agencies as necessary to effect transportation of such property.

5.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, penalties, suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy, sufficiency or validity of any customs documentation prepared by You and proffered in good faith by CONTRACTOR in the transportation of Your property.

5.4              CONTRACTOR shall not be liable or responsible for any loss, damage, delay, cost, penalty or other expense of any nature whatsoever, occasioned by or arising out of any inaccuracy, insufficiency, invalidity or inadequacy of any customs documentation prepared by Client.

6.0              PACKING

6.1              If indicated on the contract for service(s), We shall pack items for storage or for carriage by land, sea or air. The choice of materials used in the packing of such items shall be at Our sole discretion.

6.2              You shall have the obligation to inform CONTRACTOR of any special packing requirements, particular faults or fragility of which You are aware and which would affect the manner and method utilized by CONTRACTOR to pack Your property.  CONTRACTOR shall not be responsible or liable for any loss or damage occasioned by Your failure to so notify CONTRACTOR.

7.0              EXCLUDED SERVICES

7.1              Unless set forth in writing on the contract for Service(s), CONTRACTOR will not:

1. Dismantle, disassemble, assemble or reassemble products composed of medium density fiberboard (MDF); chipboard or unit furniture (flat-pack type assemblies).
2. Disconnect or reconnect any appliances from or to any service, utility, fitting, or other equipment. This includes, but is not limited to, computer equipment, electronics, kitchen large or small appliances, audio equipment etc.
3. Remove or place fitted floor coverings.
4. Hang or fit curtains, blinds or other window coverings, pictures, artwork, or other wall hung items.
5. Move or transport night storage heaters (unless dismantled by others), safes, or any article weight greater than

550 pound (250 Kg).

8. Move, transport, or store any items specifically excluded from Our Service(s) under Paragraph 8.0 below.

7.2              CONTRACTOR shall not be responsible, and You agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by CONTRACTOR unless such Service(s) are specifically referenced and agreed to in writing in the contract for Service(s).  You further agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by any independent contractor, staff or employee of Client.

8.0              EXCLUDED PROPERTY/GOODS

8.1              THIS PROVISION LIMITS OUR LIABILITY.  PLEASE READ IT CAREFULLY. CONTRACTOR accepts no responsibility, liability or obligations for loss, damage or injury to any of the following classes/types of articles or goods which may occur in the course of packing (if applicable), moving, transportation, loading, unloading, storing or shipping regardless of cause:

1. Jewelry, watches, precious stones, money, deeds, securities, tickets, stamps, coins, or similar collections.
2.                  Potentially dangerous, damaging, or explosive items or any hazardous materials.
3. Goods, property, or products likely to encourage vermin or other pests or to cause infection.
4.                  Refrigerated or frozen food or drink.
5.                  Any animals, including pets, birds or fish, and their cages or tank.
6.                   Plants or other growing things may be removed at Our discretion but not stored.
7. Computer, telecommunications or other electronic equipment and any data or software stored in them.

9.0              RIGHT TO INSPECT

9.1              In the interests of health, safety and security, We reserve the right to open or inspect any packages, boxes and/or goods and to properly and immediately dispose of any materials, goods, or objects which pose a risk or threat to the health, safety, welfare or security of Our personnel or third parties or which we reasonably and in good faith believe pose a threat to health, safety welfare or security of Our personnel or third parties.

9.2              You agree to waive any claim and to hold Us harmless from and against any loss, damage, cost or expense associated with the disposition of such materials goods or packages. Without limiting such waiver, in the event the products, materials, packages, boxes or goods do not represent an immediate threat to health, safety or welfare of Our personnel or third parties in the sole opinion of CONTRACTOR, We will make a reasonable good faith effort to contact You to arrange for removal of such items from Our possession, custody and control.

10.0            PAYMENT TO CONTRACTOR

10.1            Unless expressly agreed in writing, all costs, charges, duties, reimbursements, fees and all other charges are due and payable immediately upon receipt of invoice, and all payments for storage costs and any other accrued charges, must be paid in full before property is released or delivered from storage.

10.2            All invoiced charges not paid within thirty (30) days of invoicing shall accrue interest at the rate of 1.5% per month or portion thereof upon any outstanding balance. All charges are payable in U.S. Dollars by check, bank draft, certified check, cashier’s check, U.S. Money Order or Electronic wire transfer drawn upon a U.S. banking institution. Cash may be received in payment only at CONTRACTOR offices in person. CONTRACTOR reserves the right to decline or to make additional charge for accepting payment by other means in Our discretion.

10.3            Unless CONTRACTOR has expressly agreed to accept payment upon other terms, payment of the estimated charges for CONTRACTOR’s Service(s) must be received prior to commencement of Service(s). Failure to pay the estimated costs of Services as specified, may constitute ground for cancellation of the Contract and denial of Service(s). CONTRACTOR shall not be liable or responsible for any cost, expense, damage, or injury arising out of denial of Service(s) due to the failure of Consumer to effect timely payment.

11.0            LIABILITIES FOR LOSS OR DAMAGE | INSURANCE

11.1            THE FOLLOWING PROVISIONS AFFECT AND LIMIT OUR LIABILITY TO YOU FOR LOSS OR DAMAGE. PLEASE READ THESE PROVISIONS CAREFULLY. CONTRACTOR’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $0.66 per pound, per piece, of cargo lost, damaged, misdelivered, or otherwise adversely affected, but in no event shall exceed the actual invoice value of the goods. This limitation is subject to provisions as published in CONTRACTOR’s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.66 per pound, per piece, shall be subject to an excess valuation insurance charge. SHIPPER may elect a higher rate of coverage by declaring a value for the cargo in excess of $0.66 per pound on the contract or bill of lading. We shall not be liable in any event for any special or consequential damages including but not limited to loss of profits, income, utility or market value whether or not We had knowledge that such damage might be incurred. This limit shall apply even if the lost or damaged article forms part of a pair or set or had exceptional or antique value before it was lost or damaged. For items that are damaged, we reserve the right to pay for the repair or replacement of the item at Our sole discretion. We shall not be liable for any loss or damage, cost, expense or injury resulting from:

1. Fire, loss or damage while Your property is in storage and not under Our control.
2. Moth, vermin or similar infestation or inherent vice or defect of any property.
3. Cleaning, repairing or restoring of any property unless separately contracted.
4. War, invasion, acts of foreign enemies, hostilities (war declared or not), civil war, rebellion, military coup, terrorism, force majeure or act of God.
5. Wear and tear, leakage or evaporation, atmospheric or climatic changes.
6. Death, injury, sickness or disease arising from the removal or warehousing of any frozen food or drink. Frozen goods are only moved at Your sole risk.
7. Any consequential loss or damages of any kind, including loss of profit or anticipated profits, emotional damages, loss of prospective advantage etc..
8. Items which are brittle or have an inherent defect or which have been previously broken and repaired, deep freezers, clockwork, electronic or motor-driven goods (unless there is external evidence of impact damage resulting from Our handling), sensitive equipment, MDF or self-assembly furniture that is dismantled and/or reassembled regardless of who built it originally, or which is unsuitable for transportation, or surfaces coated in polyester lacquer or which have been refined or restored less than 1 year before the Work.
9. Any goods, which are not both packed and unpacked by Us.
10. Property that is left by You inside cupboards or other furniture during pickup transportation, storage or delivery.
11. Food, animals, plants or other living things.
12. Fixtures, fittings, property or goods to which damage is unavoidable due to conditions of access to any premises from which such property is retrieved or to which it is delivered.
13. Delivery of any property or goods to Our possession via third party carrier (e.g. courier/commercial post carrier etc.).
14. Any class of property, goods or articles referred to in Paragraph 8.
15. Computer software or data. We strongly advise you to back up all valuable data or information prior to packing or transportation of such equipment.
16. Items collected from or delivered to premises which are unattended or unoccupied by You or Your authorized agent.
17. Items removed or left behind in error (see Paragraph 3.1(a))
18. Items removed by others.

11.2            You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against all liabilities, losses, damage, costs and/or expenses of whatever nature which may result from Us acting on Your instructions or arising from any breach by You of any warranty or condition contained in these Terms and Conditions or from Your negligence whether or not in combination with others and excepting therefrom only such losses or claims which arise from the sole negligence of CONTRACTOR.

11.3            If any claim is made against Us by anyone other than You/Your agent arising out of or in connection with any Service(s) provided by Us, You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against any charges, expenses, damages or penalties claimed against us except in the case where We are found to have been negligent in a court of competent jurisdiction.

11.4            Liability of the CONTRACTOR and insurance company for loss or damage shall be subject to Shipper’s compliance with these terms and conditions.

12.0            DELAYS IN TRANSIT

12.1            In the event of delay in the transportation of Your property beyond a reasonable time after the schedule provided in Our agreement with You, and such delay is reasonably within Our control, We will pay Your reasonable expenses resulting from such avoidable delay up to a maximum of $100.00.

12.2            If through no fault of CONTRACTOR, We are unable to deliver goods as originally scheduled, We will deliver such goods into storage. Such delivery shall be conclusively deemed full delivery of such goods as originally contracted. Thereafter, any additional service(s), including storage and delivery from storage, shall incur additional charges in accordance with Our regular schedule of fees and charges.

13.0            DAMAGE TO PREMISES

13.1            We shall not be liable for any damage to any premises from which We retrieve Your property or to which such property or goods are delivered which is not the direct result of gross negligence on the part of CONTRACTOR. In the event such damage is caused by Our sole negligence, Our liability shall be limited to a maximum of $50.00 in the aggregate for all such damage unless You have specifically included, in Your written contract with Us, that You wish Us to arrange Property Damage Insurance.

13.2            Any damage to premises must be noted in writing on the collection or delivery note. Failure to note any damage to premises on the collection or delivery documents at the time of collection or delivery shall constitute a waiver of any rights or claims to damage to the premises.

14.0            TIME LIMITS FOR CLAIMS

14.1            Any claim for any form of damage, loss, injury, deterioration and any other claims arising from any Service(s) performed by CONTRACTOR whatsoever, shall be barred and deemed waived unless notice of loss and/or damage shall have been received by Us in writing AND:

1. If You or Your agent collect property from Our premises, to which any damage or loss is claimed from Us, We will not be liable for any loss or damage unless We are notified in writing at the time such property is removed from Our custody or control.
2. If We deliver goods to a premises, any damage or loss must be recorded in writing on the signed delivery documents and in no event later than 48 hours after delivery.
3. If We ship goods overseas, any damage or loss must be recorded in writing on the release documents and in no event later than 48 hours after release from Customs.

14.2            Any claim or demand for arbitration shall be commenced against Us within no more than one (1) year from the date set forth in either subsection a or b of this section regardless of any state or jurisdictional statute of limitations or similar statute of repose that may apply to such claims. Failure to commence an action or proceeding within the time limits prescribed by this section shall constitute a waiver of all such claims.

15.0            OUR RIGHT OF LIEN

15.1            CONTRACTOR claims a lien upon any property in its possession, custody or control to ensure payment of its accrued fees, charges and expenses. Subject to applicable law, We have a legal right to withhold or ultimately dispose of some or all of any property left in storage or in Our possession, to satisfy any outstanding charges and other payments due under this contract. These include any charges that We have paid on Your behalf. While We hold Your property, even if that is due to Your failure or refusal to pay accrued and outstanding charges, You will be liable to pay all storage charges and all other costs incurred in holding Your goods and property and these terms and conditions will continue to apply. All such accrued storage fees and charges may be added to any existing balance to be satisfied by the sale or disposition of any goods left in Our possession.  See page 1 of this Agreement regarding Your rights to pursue arbitration of disputes through the Better Business Bureau. 

16.0            OUR RIGHT TO SELL PROPERTY

16.1            Subject to Your right to commence an arbitration with the Better Business Bureau to challenge disputes, if Your account is not paid, We are entitled to give you 28 day’s notice to remove Your goods from Our custody and pay all money due to Us. If You do not make this payment, We are entitled to sell or dispose of some or all of Your property without further notice. If in Our reasonable opinion or the opinion of a competent adviser any item is of no resale value or the costs of sale would exceed the likely proceeds, We are entitled to dispose of the property as, in Our sole discretion, may be appropriate. If We sell Your goods We will make good faith reasonable efforts to sell them at a fair market price. However, We shall have no liability of any kind whatsoever if such sale does not realize any particular or anticipated value. We are entitled to make a charge for valuation, administration, delivery and all other costs, expenses and work incurred in the course of such sale proceedings as well as storage fees involved in sale or disposal of the Property. All such additional charges will be added to Client’s account.  Any proceeds of such sale will be credited to Your account. In the event any sale proceeds exceed the account balance, such surplus will be paid to You within thirty (30) days of the completion of the sale without interest.

17.0            CHOICE OF LAW

17.1            The validity, construction, enforceability and performance of this contract shall be governed in all respects by the substantive law of the State of New York, without regard to contrary principles of conflicts of laws.

18.0            OUR RIGHT TO SUBCONTRACT THE WORK

18.1            We reserve the right, in Our sole discretion, to subcontract all or part of work. All subcontracted work shall be carried out in accordance with, and subject to, these terms and conditions.

19.0            NOTIFICATION OF ADDRESS

19.1            While Your property is in storage and under Our care, You will keep Us informed of Your current address. Notification of change of address will not be effective unless You inform Us in writing and We acknowledge in writing that We have received it. We will make this acknowledgment promptly. All correspondence and notices will be PRESUMED to have been received by you 7 days after We posted it to the last address You reported to CONTRACTOR.

20.0            STORAGE CONTRACTS

20.1            Charges agreed upon for storage of property shall be set forth and established in writing prior to the acceptance of Property for storage by Us. We reserve the right, subject to these provisions, to change or amend storage charges and the terms of such storage, from time to time. In the event of such changes or amendments, We shall deliver written notice of change or amendment not less than 45 days prior to implementation of such new terms and conditions. No changes or amendments shall be effective or apply less than 45 calendar days from the date of such written notice. Continued storage of Your property with Us thereafter shall constitute acceptance and adoption of any such new terms or conditions, charges or rates.

20.2            All storage charges will be invoiced and are payable one (1) month in advance. If You remove the goods from storage before the expiration of the prepaid period, We will credit Your account for the unexpired portion of the period for which We have billed you, but not for unexpired periods of less than one complete week. All accrued charges must be paid before goods are released from storage. See Paragraphs 15 and 16 with respect to Our rights to withhold or dispose of your property pending payment of Our accrued fees and charges.

20.3            You are entitled to terminate the storage contract by giving us written notice not less than fourteen (14) calendar days before the effective date of such cancellation. We reserve the right to charge for the full 14-day period of notice. Subject to the terms and conditions in this document and the timely payment of accrued charges, costs and expenses by Client, We shall not terminate any storage contract upon less than thirty (30) day’s notice.

20.4            We are entitled to make a separate charge for stowing or unstowing of Your property while in storage including the initial and final movement into and out of store and, if You do not use us for delivery or collection of Your property to or from the warehouse, we shall make a charge for receiving or delivering it to Your designee.

21.0            MANDATORY ARBITRATION

                                        21.1            Any dispute between Contractor and the Client shall be submitted to mandatory arbitration with the American Arbitration Association in the jurisdiction in which the goods which are the subject of the dispute are or were stored.  Notwithstanding the foregoing, at Your option, we will submit to final and binding arbitration in accordance with the arbitration rules of the Better Business Bureau of Metropolitan New York, Inc. for any dispute that arises out of: (a) Contractor’s Intended sale of Your goods for non-payment and (b) any other dispute involving Your goods where the amount In controversy Is between $100 and $2,500. For information about arbitration, call the Better Business Bureau at 212.533.6200 or write to the Better Business Bureau at 257 Park Avenue, New York, New York 10010 (Attn: Arbitration).

22.0            SEVERABILITY

                                        22.1            The provisions of this Agreement are severable, and if any provision of this Agreement is found to be unenforceable, such provision may be severed or modified and all other provisions shall remain fully valid and enforceable.

TERMS AND CONDITIONS FOR AIR SEA PACKING CHICAGO LLC.

BY ACCEPTING CONTRACTOR’S SERVICES, YOU EXPRESSLY AGREE TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Definitions: Whenever the term “Client”, “Shipper”, “You” or “Your” appears herein, it shall refer to the person, entity, or company contracting for services or work by CONTRACTOR, including any agents, employees or assigns. Whenever the term “CONTRACTOR”, “We,” “Our” or “Us” appears herein it shall refer to Air Sea Packing Chicago LLC. as the entity supplying or performing Service(s).

PLEASE NOTE THAT ALL WORK OR SERVICES OF ANY NATURE OR KIND WHATSOEVER PERFORMED BY OR ON BEHALF OF CONTRACTOR ARE AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN UNLESS SUCH TERM OR CONDITION IS EXPRESSLY WAIVED IN WRITING BY CONTRACTOR OR AN AUTHORIZED AGENT THEREOF. 

It is agreed among the parties involved that the conditions of contract of carriage for this shipment are governed by AirSea’s tariffs, available for inspection at AirSea’s Offices which are hereby incorporated into this contract, and a copy of which will be supplied  upon request. 

PLEASE ALSO NOTE THAT THESE TERMS AND CONDITIONS MAY LIMIT THE SCOPE OF DUTIES, LIABILITIES OR OBLIGATIONS WHICH CONTRACTOR MAY ASSUME OR UNDERTAKE ABSENT SEPARATE WRITTEN AGREEMENTS. PARTICULAR ATTENTION SHOULD BE PAID TO THE LIMITATIONS CONTAINED IN THESE TERMS AND CONDITIONS.

1.0              ESTIMATES

1.1              The estimated price for CONTRACTOR’s Service(s) set forth in Our written proposal does not include Customs duties or any other fees payable to national or local government bodies. Such charges and fees cannot be anticipated in full and if paid or advanced by CONTRACTOR, such charges will be passed on to You in addition to CONTRACTOR’s charges for Service(s).

1.2              CONTRACTOR reserves the right to amend, alter and/or increase the estimated price set forth in its written proposal under the following conditions:

1. You do not accept the written proposal within fourteen (14) calendar days of issuance.
2. As a consequence of Your acts or omissions, CONTRACTOR is not able to complete the Service(s) set forth in the written proposal within ninety (90) days of the date of the Proposal.
3. Increase in CONTRACTOR’s costs due to fluctuation in currency exchange rates from the rates in effect as of the date of the written proposal; changes in taxation rates or changes in third party freight charges beyond Our control.
4. Any additional Service(s) requested by You and not specifically itemized in the Proposal.
5. Delay caused by any Force Majeure.
6. Additional time or costs incurred as a consequence of site conditions which are not disclosed by You at the time of the proposal including but not limited to adequacy and availability of stairs, lifts, doorways, access points, streets, loading and unloading sites etc.
7. Any additional costs or expenses incurred as a result of the imposition of parking or standing fees or charges imposed upon CONTRACTOR in the performance of its Service(s).
8. Please take notice that if you do not elect for the additional coverage, there will be no coverage for loss or damage to your property beyond the insurance coverage disclosed in 11.1 below. If you accept offer of coverage under the Air Sea policy, such coverage will be subject to the terms and conditions of this policy of insurance.

2.0              INVENTORY:                 CONTRACTOR has provided to You an inventory of all goods being stored and/or transported by Us under this Agreement. The inventory provided to You shall be CONCLUSIVELY PRESUMED to be a complete and accurate list of property received by CONTRACTOR unless, within three (3) days of receiving the inventory, You notify Us in writing of any error/omission.

3.0              CLIENT’S RESPONSIBILITIES DURING PROPERTY REMOVAL

3.1              To the extent CONTRACTOR’s Service(s) include removal of property from any location, the following shall be Your sole obligation and responsibility and CONTRACTOR assumes no responsibilities, liabilities or obligations in connection therewith and shall not be responsible for any loss, damage, delay or injury resulting from these matters:

1. You shall ensure that no property not intended for Service(s) by CONTRACTOR is removed from the premises and no property that is intended for Service(s) by CONTRACTOR is left behind at the premises from which property is being removed.
2. You shall obtain at Your sole cost and expense all documents, permissions, permits, or approvals necessary for the performance of the requested Service(s) by CONTRACTOR.
3. You shall be solely responsible for the security of Your property at the premises from which any property is being removed and at any destination point to which CONTRACTOR is contracted to deliver such property. You or Your authorized representative must be present at the time of any delivery and throughout the delivery process until completed. CONTRACTOR assumes no responsibility or liability for loss, theft or damage resulting from any lack of security at any pickup or delivery premises.
4. You shall be solely responsible for the proper and adequate preparation and stabilization of all electrical or electronic appliances and equipment including, but not limited to audio equipment, computer equipment etc., prior to removal of same from any premises by CONTRACTOR. CONTRACTOR shall not be liable for damage, loss, or injury to any such equipment resulting from movement, shaking, vibration or insufficient preparation by Client. Under no circumstances shall CONTRACTOR be liable for loss or damage to any software or data arising from any Service(s) supplied by CONTRACTOR.
5. You shall make any necessary arrangements and payment for any necessary parking facilities which may be required by CONTRACTOR to perform its Service(s). You are solely responsible for assuring appropriate and adequate physical access to Your premises to permit ingress and egress of CONTRACTOR vehicles.

4.0              CLIENT’S REPRESENTATIONS

4.1              By executing the contract for Service(s) with CONTRACTOR, You hereby represent and warrant that all goods, materials, property, merchandise, articles or items for which You have requested Service(s) from CONTRACTOR are solely the chattel property of Client and that Client possesses all necessary and legal rights and title in same to effect this contract.

4.2              You hereby represent and warrant that no property, goods, materials, merchandise, articles or items for which You are requesting Service(s) from CONTRACTOR are dangerous, hazardous or constitute illegal contraband under the laws of any country or state from, through or to which CONTRACTOR may be contracted to transport such items.

4.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, fines, penalties suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy or validity of the representations and warranties in Paragraphs 4.1 and 4.2.

5.0              CUSTOMS DOCUMENTATION

5.1              It is the responsibility and obligation of Client to ensure the accuracy of any description of goods, articles, merchandise or property being transported internationally by CONTRACTOR and to assure that all local legal requirements for export or import, customs declarations and documentation are accurate, adequate and complete. This obligation shall apply to property and goods transported by Us as well as any property or goods shipped by Client directly for which CONTRACTOR has been retained to clear Customs inspection.

5.2              Subject to Client’s obligations in Paragraph 5.1, CONTRACTOR will present and process Your prepared customs documentation to appropriate officials and agencies as necessary to effect transportation of such property.

5.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, penalties, suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy, sufficiency or validity of any customs documentation prepared by You and proffered in good faith by CONTRACTOR in the transportation of Your property.

5.4              CONTRACTOR shall not be liable or responsible for any loss, damage, delay, cost, penalty or other expense of any nature whatsoever, occasioned by or arising out of any inaccuracy, insufficiency, invalidity or inadequacy of any customs documentation prepared by Client.

6.0              PACKING

6.1              If indicated on the contract for service(s), We shall pack items for storage or for carriage by land, sea or air. The choice of materials used in the packing of such items shall be at Our sole discretion.

6.2              You shall have the obligation to inform CONTRACTOR of any special packing requirements, particular faults or fragility of which You are aware and which would affect the manner and method utilized by CONTRACTOR to pack Your property.  CONTRACTOR shall not be responsible or liable for any loss or damage occasioned by Your failure to so notify CONTRACTOR.

7.0              EXCLUDED SERVICES

7.1              Unless set forth in writing on the contract for Service(s), CONTRACTOR will not:

1. Dismantle, disassemble, assemble or reassemble products composed of medium density fiberboard (MDF); chipboard or unit furniture (flat-pack type assemblies).
2. Disconnect or reconnect any appliances from or to any service, utility, fitting, or other equipment. This includes, but is not limited to, computer equipment, electronics, kitchen large or small appliances, audio equipment etc.
3. Remove or place fitted floor coverings.
4. Hang or fit curtains, blinds or other window coverings, pictures, artwork, or other wall hung items.
5. Move or transport night storage heaters (unless dismantled by others), safes, or any article weight greater than

550 pound (250 Kg).

8. Move, transport, or store any items specifically excluded from Our Service(s) under Paragraph 8.0 below.

7.2              CONTRACTOR shall not be responsible, and You agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by CONTRACTOR unless such Service(s) are specifically referenced and agreed to in writing in the contract for Service(s).  You further agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by any independent contractor, staff or employee of Client.

8.0              EXCLUDED PROPERTY/GOODS

8.1              THIS PROVISION LIMITS OUR LIABILITY.  PLEASE READ IT CAREFULLY. CONTRACTOR accepts no responsibility, liability or obligations for loss, damage or injury to any of the following classes/types of articles or goods which may occur in the course of packing (if applicable), moving, transportation, loading, unloading, storing or shipping regardless of cause:

1. Jewelry, watches, precious stones, money, deeds, securities, tickets, stamps, coins, or similar collections.
2.                  Potentially dangerous, damaging, or explosive items or any hazardous materials.
3. Goods, property, or products likely to encourage vermin or other pests or to cause infection.
4.                  Refrigerated or frozen food or drink.
5.                  Any animals, including pets, birds or fish, and their cages or tank.
6.                   Plants or other growing things may be removed at Our discretion but not stored.
7. Computer, telecommunications or other electronic equipment and any data or software stored in them.

9.0              RIGHT TO INSPECT

9.1              In the interests of health, safety and security, We reserve the right to open or inspect any packages, boxes and/or goods and to properly and immediately dispose of any materials, goods, or objects which pose a risk or threat to the health, safety, welfare or security of Our personnel or third parties or which we reasonably and in good faith believe pose a threat to health, safety welfare or security of Our personnel or third parties.

9.2              You agree to waive any claim and to hold Us harmless from and against any loss, damage, cost or expense associated with the disposition of such materials goods or packages. Without limiting such waiver, in the event the products, materials, packages, boxes or goods do not represent an immediate threat to health, safety or welfare of Our personnel or third parties in the sole opinion of CONTRACTOR, We will make a reasonable good faith effort to contact You to arrange for removal of such items from Our possession, custody and control.

10.0            PAYMENT TO CONTRACTOR

10.1            Unless expressly agreed in writing, all costs, charges, duties, reimbursements, fees and all other charges are due and payable immediately upon receipt of invoice, and all payments for storage costs and any other accrued charges, must be paid in full before property is released or delivered from storage.

10.2            All invoiced charges not paid within thirty (30) days of invoicing shall accrue interest at the rate of 1.5% per month or portion thereof upon any outstanding balance. All charges are payable in U.S. Dollars by check, bank draft, certified check, cashier’s check, U.S. Money Order or Electronic wire transfer drawn upon a U.S. banking institution. Cash may be received in payment only at CONTRACTOR offices in person. CONTRACTOR reserves the right to decline or to make additional charge for accepting payment by other means in Our discretion.

10.3            Unless CONTRACTOR has expressly agreed to accept payment upon other terms, payment of the estimated charges for CONTRACTOR’s Service(s) must be received prior to commencement of Service(s). Failure to pay the estimated costs of Services as specified, may constitute ground for cancellation of the Contract and denial of Service(s). CONTRACTOR shall not be liable or responsible for any cost, expense, damage, or injury arising out of denial of Service(s) due to the failure of Consumer to effect timely payment.

11.0            LIABILITIES FOR LOSS OR DAMAGE | INSURANCE

11.1            THE FOLLOWING PROVISIONS AFFECT AND LIMIT OUR LIABILITY TO YOU FOR LOSS OR DAMAGE. PLEASE READ THESE PROVISIONS CAREFULLY. CONTRACTOR’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $0.66 per pound, per piece, of cargo lost, damaged, misdelivered, or otherwise adversely affected, but in no event shall exceed the actual invoice value of the goods. This limitation is subject to provisions as published in CONTRACTOR’s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.66 per pound, per piece, shall be subject to an excess valuation insurance charge. SHIPPER may elect a higher rate of coverage by declaring a value for the cargo in excess of $0.66 per pound on the contract or bill of lading. We shall not be liable in any event for any special or consequential damages including but not limited to loss of profits, income, utility or market value whether or not We had knowledge that such damage might be incurred. This limit shall apply even if the lost or damaged article forms part of a pair or set or had exceptional or antique value before it was lost or damaged. For items that are damaged, we reserve the right to pay for the repair or replacement of the item at Our sole discretion. We shall not be liable for any loss or damage, cost, expense or injury resulting from:

1. Fire, loss or damage while Your property is in storage and not under Our control.
2. Moth, vermin or similar infestation or inherent vice or defect of any property.
3. Cleaning, repairing or restoring of any property unless separately contracted.
4. War, invasion, acts of foreign enemies, hostilities (war declared or not), civil war, rebellion, military coup, terrorism, force majeure or act of God.
5. Wear and tear, leakage or evaporation, atmospheric or climatic changes.
6. Death, injury, sickness or disease arising from the removal or warehousing of any frozen food or drink. Frozen goods are only moved at Your sole risk.
7. Any consequential loss or damages of any kind, including loss of profit or anticipated profits, emotional damages, loss of prospective advantage etc..
8. Items which are brittle or have an inherent defect or which have been previously broken and repaired, deep freezers, clockwork, electronic or motor-driven goods (unless there is external evidence of impact damage resulting from Our handling), sensitive equipment, MDF or self-assembly furniture that is dismantled and/or reassembled regardless of who built it originally, or which is unsuitable for transportation, or surfaces coated in polyester lacquer or which have been refined or restored less than 1 year before the Work.
9. Any goods, which are not both packed and unpacked by Us.
10. Property that is left by You inside cupboards or other furniture during pickup transportation, storage or delivery.
11. Food, animals, plants or other living things.
12. Fixtures, fittings, property or goods to which damage is unavoidable due to conditions of access to any premises from which such property is retrieved or to which it is delivered.
13. Delivery of any property or goods to Our possession via third party carrier (e.g. courier/commercial post carrier etc.).
14. Any class of property, goods or articles referred to in Paragraph 8.
15. Computer software or data. We strongly advise you to back up all valuable data or information prior to packing or transportation of such equipment.
16. Items collected from or delivered to premises which are unattended or unoccupied by You or Your authorized agent.
17. Items removed or left behind in error (see Paragraph 3.1(a))
18. Items removed by others.

11.2            You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against all liabilities, losses, damage, costs and/or expenses of whatever nature which may result from Us acting on Your instructions or arising from any breach by You of any warranty or condition contained in these Terms and Conditions or from Your negligence whether or not in combination with others and excepting therefrom only such losses or claims which arise from the sole negligence of CONTRACTOR.

11.3            If any claim is made against Us by anyone other than You/Your agent arising out of or in connection with any Service(s) provided by Us, You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against any charges, expenses, damages or penalties claimed against us except in the case where We are found to have been negligent in a court of competent jurisdiction.

11.4            Liability of the CONTRACTOR and insurance company for loss or damage shall be subject to Shipper’s compliance with these terms and conditions.

12.0            DELAYS IN TRANSIT

12.1            In the event of delay in the transportation of Your property beyond a reasonable time after the schedule provided in Our agreement with You, and such delay is reasonably within Our control, We will pay Your reasonable expenses resulting from such avoidable delay up to a maximum of $100.00.

12.2            If through no fault of CONTRACTOR, We are unable to deliver goods as originally scheduled, We will deliver such goods into storage. Such delivery shall be conclusively deemed full delivery of such goods as originally contracted. Thereafter, any additional service(s), including storage and delivery from storage, shall incur additional charges in accordance with Our regular schedule of fees and charges.

13.0            DAMAGE TO PREMISES

13.1            We shall not be liable for any damage to any premises from which We retrieve Your property or to which such property or goods are delivered which is not the direct result of gross negligence on the part of CONTRACTOR. In the event such damage is caused by Our sole negligence, Our liability shall be limited to a maximum of $50.00 in the aggregate for all such damage unless You have specifically included, in Your written contract with Us, that You wish Us to arrange Property Damage Insurance.

13.2            Any damage to premises must be noted in writing on the collection or delivery note. Failure to note any damage to premises on the collection or delivery documents at the time of collection or delivery shall constitute a waiver of any rights or claims to damage to the premises.

14.0            TIME LIMITS FOR CLAIMS

14.1            Any claim for any form of damage, loss, injury, deterioration and any other claims arising from any Service(s) performed by CONTRACTOR whatsoever, shall be barred and deemed waived unless notice of loss and/or damage shall have been received by Us in writing AND:

1. If You or Your agent collect property from Our premises, to which any damage or loss is claimed from Us, We will not be liable for any loss or damage unless We are notified in writing at the time such property is removed from Our custody or control.
2. If We deliver goods to a premises, any damage or loss must be recorded in writing on the signed delivery documents and in no event later than 48 hours after delivery.
3. If We ship goods overseas, any damage or loss must be recorded in writing on the release documents and in no event later than 48 hours after release from Customs.

14.2            Any claim or demand for arbitration shall be commenced against Us within no more than one (1) year from the date set forth in either subsection a or b of this section regardless of any state or jurisdictional statute of limitations or similar statute of repose that may apply to such claims. Failure to commence an action or proceeding within the time limits prescribed by this section shall constitute a waiver of all such claims.

15.0            OUR RIGHT OF LIEN

15.1            CONTRACTOR claims a lien upon any property in its possession, custody or control to ensure payment of its accrued fees, charges and expenses. Subject to applicable law, We have a legal right to withhold or ultimately dispose of some or all of any property left in storage or in Our possession, to satisfy any outstanding charges and other payments due under this contract. These include any charges that We have paid on Your behalf. While We hold Your property, even if that is due to Your failure or refusal to pay accrued and outstanding charges, You will be liable to pay all storage charges and all other costs incurred in holding Your goods and property and these terms and conditions will continue to apply. All such accrued storage fees and charges may be added to any existing balance to be satisfied by the sale or disposition of any goods left in Our possession.  See page 1 of this Agreement regarding Your rights to pursue arbitration of disputes through the Better Business Bureau. 

16.0            OUR RIGHT TO SELL PROPERTY

16.1            Subject to Your right to commence an arbitration with the Better Business Bureau to challenge disputes, if Your account is not paid, We are entitled to give you 28 day’s notice to remove Your goods from Our custody and pay all money due to Us. If You do not make this payment, We are entitled to sell or dispose of some or all of Your property without further notice. If in Our reasonable opinion or the opinion of a competent adviser any item is of no resale value or the costs of sale would exceed the likely proceeds, We are entitled to dispose of the property as, in Our sole discretion, may be appropriate. If We sell Your goods We will make good faith reasonable efforts to sell them at a fair market price. However, We shall have no liability of any kind whatsoever if such sale does not realize any particular or anticipated value. We are entitled to make a charge for valuation, administration, delivery and all other costs, expenses and work incurred in the course of such sale proceedings as well as storage fees involved in sale or disposal of the Property. All such additional charges will be added to Client’s account.  Any proceeds of such sale will be credited to Your account. In the event any sale proceeds exceed the account balance, such surplus will be paid to You within thirty (30) days of the completion of the sale without interest.

17.0            CHOICE OF LAW

17.1            The validity, construction, enforceability and performance of this contract shall be governed in all respects by the substantive law of the State of New York, without regard to contrary principles of conflicts of laws.

18.0            OUR RIGHT TO SUBCONTRACT THE WORK

18.1            We reserve the right, in Our sole discretion, to subcontract all or part of work. All subcontracted work shall be carried out in accordance with, and subject to, these terms and conditions.

19.0            NOTIFICATION OF ADDRESS

19.1            While Your property is in storage and under Our care, You will keep Us informed of Your current address. Notification of change of address will not be effective unless You inform Us in writing and We acknowledge in writing that We have received it. We will make this acknowledgment promptly. All correspondence and notices will be PRESUMED to have been received by you 7 days after We posted it to the last address You reported to CONTRACTOR.

20.0            STORAGE CONTRACTS

20.1            Charges agreed upon for storage of property shall be set forth and established in writing prior to the acceptance of Property for storage by Us. We reserve the right, subject to these provisions, to change or amend storage charges and the terms of such storage, from time to time. In the event of such changes or amendments, We shall deliver written notice of change or amendment not less than 45 days prior to implementation of such new terms and conditions. No changes or amendments shall be effective or apply less than 45 calendar days from the date of such written notice. Continued storage of Your property with Us thereafter shall constitute acceptance and adoption of any such new terms or conditions, charges or rates.

20.2            All storage charges will be invoiced and are payable one (1) month in advance. If You remove the goods from storage before the expiration of the prepaid period, We will credit Your account for the unexpired portion of the period for which We have billed you, but not for unexpired periods of less than one complete week. All accrued charges must be paid before goods are released from storage. See Paragraphs 15 and 16 with respect to Our rights to withhold or dispose of your property pending payment of Our accrued fees and charges.

20.3            You are entitled to terminate the storage contract by giving us written notice not less than fourteen (14) calendar days before the effective date of such cancellation. We reserve the right to charge for the full 14-day period of notice. Subject to the terms and conditions in this document and the timely payment of accrued charges, costs and expenses by Client, We shall not terminate any storage contract upon less than thirty (30) day’s notice.

20.4            We are entitled to make a separate charge for stowing or unstowing of Your property while in storage including the initial and final movement into and out of store and, if You do not use us for delivery or collection of Your property to or from the warehouse, we shall make a charge for receiving or delivering it to Your designee.

21.0            MANDATORY ARBITRATION

                                        21.1            Any dispute between Contractor and the Client shall be submitted to mandatory arbitration with the American Arbitration Association in the jurisdiction in which the goods which are the subject of the dispute are or were stored.  Notwithstanding the foregoing, at Your option, we will submit to final and binding arbitration in accordance with the arbitration rules of the Better Business Bureau of Metropolitan New York, Inc. for any dispute that arises out of: (a) Contractor’s Intended sale of Your goods for non-payment and (b) any other dispute involving Your goods where the amount In controversy Is between $100 and $2,500. For information about arbitration, call the Better Business Bureau at 212.533.6200 or write to the Better Business Bureau at 257 Park Avenue, New York, New York 10010 (Attn: Arbitration).

22.0            SEVERABILITY

                                        22.1            The provisions of this Agreement are severable, and if any provision of this Agreement is found to be unenforceable, such provision may be severed or modified and all other provisions shall remain fully valid and enforceable.

TERMS AND CONDITIONS FOR AIR SEA PACKING CONNECTICUT LLC.

BY ACCEPTING CONTRACTOR’S SERVICES, YOU EXPRESSLY AGREE TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Definitions: Whenever the term “Client”, “Shipper”, “You” or “Your” appears herein, it shall refer to the person, entity, or company contracting for services or work by CONTRACTOR, including any agents, employees or assigns. Whenever the term “CONTRACTOR”, “We,” “Our” or “Us” appears herein it shall refer to Air Sea Packing Connecticut LLC. as the entity supplying or performing Service(s).

PLEASE NOTE THAT ALL WORK OR SERVICES OF ANY NATURE OR KIND WHATSOEVER PERFORMED BY OR ON BEHALF OF CONTRACTOR ARE AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN UNLESS SUCH TERM OR CONDITION IS EXPRESSLY WAIVED IN WRITING BY CONTRACTOR OR AN AUTHORIZED AGENT THEREOF. 

It is agreed among the parties involved that the conditions of contract of carriage for this shipment are governed by AirSea’s tariffs, available for inspection at AirSea’s Offices which are hereby incorporated into this contract, and a copy of which will be supplied  upon request. 

PLEASE ALSO NOTE THAT THESE TERMS AND CONDITIONS MAY LIMIT THE SCOPE OF DUTIES, LIABILITIES OR OBLIGATIONS WHICH CONTRACTOR MAY ASSUME OR UNDERTAKE ABSENT SEPARATE WRITTEN AGREEMENTS. PARTICULAR ATTENTION SHOULD BE PAID TO THE LIMITATIONS CONTAINED IN THESE TERMS AND CONDITIONS.

1.0              ESTIMATES

1.1              The estimated price for CONTRACTOR’s Service(s) set forth in Our written proposal does not include Customs duties or any other fees payable to national or local government bodies. Such charges and fees cannot be anticipated in full and if paid or advanced by CONTRACTOR, such charges will be passed on to You in addition to CONTRACTOR’s charges for Service(s).

1.2              CONTRACTOR reserves the right to amend, alter and/or increase the estimated price set forth in its written proposal under the following conditions:

1. You do not accept the written proposal within fourteen (14) calendar days of issuance.
2. As a consequence of Your acts or omissions, CONTRACTOR is not able to complete the Service(s) set forth in the written proposal within ninety (90) days of the date of the Proposal.
3. Increase in CONTRACTOR’s costs due to fluctuation in currency exchange rates from the rates in effect as of the date of the written proposal; changes in taxation rates or changes in third party freight charges beyond Our control.
4. Any additional Service(s) requested by You and not specifically itemized in the Proposal.
5. Delay caused by any Force Majeure.
6. Additional time or costs incurred as a consequence of site conditions which are not disclosed by You at the time of the proposal including but not limited to adequacy and availability of stairs, lifts, doorways, access points, streets, loading and unloading sites etc.
7. Any additional costs or expenses incurred as a result of the imposition of parking or standing fees or charges imposed upon CONTRACTOR in the performance of its Service(s).
8. Please take notice that if you do not elect for the additional coverage, there will be no coverage for loss or damage to your property beyond the insurance coverage disclosed in 11.1 below. If you accept offer of coverage under the Air Sea policy, such coverage will be subject to the terms and conditions of this policy of insurance.

2.0              INVENTORY:                 CONTRACTOR has provided to You an inventory of all goods being stored and/or transported by Us under this Agreement. The inventory provided to You shall be CONCLUSIVELY PRESUMED to be a complete and accurate list of property received by CONTRACTOR unless, within three (3) days of receiving the inventory, You notify Us in writing of any error/omission.

3.0              CLIENT’S RESPONSIBILITIES DURING PROPERTY REMOVAL

3.1              To the extent CONTRACTOR’s Service(s) include removal of property from any location, the following shall be Your sole obligation and responsibility and CONTRACTOR assumes no responsibilities, liabilities or obligations in connection therewith and shall not be responsible for any loss, damage, delay or injury resulting from these matters:

1. You shall ensure that no property not intended for Service(s) by CONTRACTOR is removed from the premises and no property that is intended for Service(s) by CONTRACTOR is left behind at the premises from which property is being removed.
2. You shall obtain at Your sole cost and expense all documents, permissions, permits, or approvals necessary for the performance of the requested Service(s) by CONTRACTOR.
3. You shall be solely responsible for the security of Your property at the premises from which any property is being removed and at any destination point to which CONTRACTOR is contracted to deliver such property. You or Your authorized representative must be present at the time of any delivery and throughout the delivery process until completed. CONTRACTOR assumes no responsibility or liability for loss, theft or damage resulting from any lack of security at any pickup or delivery premises.
4. You shall be solely responsible for the proper and adequate preparation and stabilization of all electrical or electronic appliances and equipment including, but not limited to audio equipment, computer equipment etc., prior to removal of same from any premises by CONTRACTOR. CONTRACTOR shall not be liable for damage, loss, or injury to any such equipment resulting from movement, shaking, vibration or insufficient preparation by Client. Under no circumstances shall CONTRACTOR be liable for loss or damage to any software or data arising from any Service(s) supplied by CONTRACTOR.
5. You shall make any necessary arrangements and payment for any necessary parking facilities which may be required by CONTRACTOR to perform its Service(s). You are solely responsible for assuring appropriate and adequate physical access to Your premises to permit ingress and egress of CONTRACTOR vehicles.

4.0              CLIENT’S REPRESENTATIONS

4.1              By executing the contract for Service(s) with CONTRACTOR, You hereby represent and warrant that all goods, materials, property, merchandise, articles or items for which You have requested Service(s) from CONTRACTOR are solely the chattel property of Client and that Client possesses all necessary and legal rights and title in same to effect this contract.

4.2              You hereby represent and warrant that no property, goods, materials, merchandise, articles or items for which You are requesting Service(s) from CONTRACTOR are dangerous, hazardous or constitute illegal contraband under the laws of any country or state from, through or to which CONTRACTOR may be contracted to transport such items.

4.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, fines, penalties suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy or validity of the representations and warranties in Paragraphs 4.1 and 4.2.

5.0              CUSTOMS DOCUMENTATION

5.1              It is the responsibility and obligation of Client to ensure the accuracy of any description of goods, articles, merchandise or property being transported internationally by CONTRACTOR and to assure that all local legal requirements for export or import, customs declarations and documentation are accurate, adequate and complete. This obligation shall apply to property and goods transported by Us as well as any property or goods shipped by Client directly for which CONTRACTOR has been retained to clear Customs inspection.

5.2              Subject to Client’s obligations in Paragraph 5.1, CONTRACTOR will present and process Your prepared customs documentation to appropriate officials and agencies as necessary to effect transportation of such property.

5.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, penalties, suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy, sufficiency or validity of any customs documentation prepared by You and proffered in good faith by CONTRACTOR in the transportation of Your property.

5.4              CONTRACTOR shall not be liable or responsible for any loss, damage, delay, cost, penalty or other expense of any nature whatsoever, occasioned by or arising out of any inaccuracy, insufficiency, invalidity or inadequacy of any customs documentation prepared by Client.

6.0              PACKING

6.1              If indicated on the contract for service(s), We shall pack items for storage or for carriage by land, sea or air. The choice of materials used in the packing of such items shall be at Our sole discretion.

6.2              You shall have the obligation to inform CONTRACTOR of any special packing requirements, particular faults or fragility of which You are aware and which would affect the manner and method utilized by CONTRACTOR to pack Your property.  CONTRACTOR shall not be responsible or liable for any loss or damage occasioned by Your failure to so notify CONTRACTOR.

7.0              EXCLUDED SERVICES

7.1              Unless set forth in writing on the contract for Service(s), CONTRACTOR will not:

1. Dismantle, disassemble, assemble or reassemble products composed of medium density fiberboard (MDF); chipboard or unit furniture (flat-pack type assemblies).
2. Disconnect or reconnect any appliances from or to any service, utility, fitting, or other equipment. This includes, but is not limited to, computer equipment, electronics, kitchen large or small appliances, audio equipment etc.
3. Remove or place fitted floor coverings.
4. Hang or fit curtains, blinds or other window coverings, pictures, artwork, or other wall hung items.
5. Move or transport night storage heaters (unless dismantled by others), safes, or any article weight greater than

550 pound (250 Kg).

8. Move, transport, or store any items specifically excluded from Our Service(s) under Paragraph 8.0 below.

7.2              CONTRACTOR shall not be responsible, and You agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by CONTRACTOR unless such Service(s) are specifically referenced and agreed to in writing in the contract for Service(s).  You further agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by any independent contractor, staff or employee of Client.

8.0              EXCLUDED PROPERTY/GOODS

8.1              THIS PROVISION LIMITS OUR LIABILITY.  PLEASE READ IT CAREFULLY. CONTRACTOR accepts no responsibility, liability or obligations for loss, damage or injury to any of the following classes/types of articles or goods which may occur in the course of packing (if applicable), moving, transportation, loading, unloading, storing or shipping regardless of cause:

1. Jewelry, watches, precious stones, money, deeds, securities, tickets, stamps, coins, or similar collections.
2.                  Potentially dangerous, damaging, or explosive items or any hazardous materials.
3. Goods, property, or products likely to encourage vermin or other pests or to cause infection.
4.                  Refrigerated or frozen food or drink.
5.                  Any animals, including pets, birds or fish, and their cages or tank.
6.                   Plants or other growing things may be removed at Our discretion but not stored.
7. Computer, telecommunications or other electronic equipment and any data or software stored in them.

9.0              RIGHT TO INSPECT

9.1              In the interests of health, safety and security, We reserve the right to open or inspect any packages, boxes and/or goods and to properly and immediately dispose of any materials, goods, or objects which pose a risk or threat to the health, safety, welfare or security of Our personnel or third parties or which we reasonably and in good faith believe pose a threat to health, safety welfare or security of Our personnel or third parties.

9.2              You agree to waive any claim and to hold Us harmless from and against any loss, damage, cost or expense associated with the disposition of such materials goods or packages. Without limiting such waiver, in the event the products, materials, packages, boxes or goods do not represent an immediate threat to health, safety or welfare of Our personnel or third parties in the sole opinion of CONTRACTOR, We will make a reasonable good faith effort to contact You to arrange for removal of such items from Our possession, custody and control.

10.0            PAYMENT TO CONTRACTOR

10.1            Unless expressly agreed in writing, all costs, charges, duties, reimbursements, fees and all other charges are due and payable immediately upon receipt of invoice, and all payments for storage costs and any other accrued charges, must be paid in full before property is released or delivered from storage.

10.2            All invoiced charges not paid within thirty (30) days of invoicing shall accrue interest at the rate of 1.5% per month or portion thereof upon any outstanding balance. All charges are payable in U.S. Dollars by check, bank draft, certified check, cashier’s check, U.S. Money Order or Electronic wire transfer drawn upon a U.S. banking institution. Cash may be received in payment only at CONTRACTOR offices in person. CONTRACTOR reserves the right to decline or to make additional charge for accepting payment by other means in Our discretion.

10.3            Unless CONTRACTOR has expressly agreed to accept payment upon other terms, payment of the estimated charges for CONTRACTOR’s Service(s) must be received prior to commencement of Service(s). Failure to pay the estimated costs of Services as specified, may constitute ground for cancellation of the Contract and denial of Service(s). CONTRACTOR shall not be liable or responsible for any cost, expense, damage, or injury arising out of denial of Service(s) due to the failure of Consumer to effect timely payment.

11.0            LIABILITIES FOR LOSS OR DAMAGE | INSURANCE

11.1            THE FOLLOWING PROVISIONS AFFECT AND LIMIT OUR LIABILITY TO YOU FOR LOSS OR DAMAGE. PLEASE READ THESE PROVISIONS CAREFULLY. CONTRACTOR’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $0.66 per pound, per piece, of cargo lost, damaged, misdelivered, or otherwise adversely affected, but in no event shall exceed the actual invoice value of the goods. This limitation is subject to provisions as published in CONTRACTOR’s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.66 per pound, per piece, shall be subject to an excess valuation insurance charge. SHIPPER may elect a higher rate of coverage by declaring a value for the cargo in excess of $0.66 per pound on the contract or bill of lading. We shall not be liable in any event for any special or consequential damages including but not limited to loss of profits, income, utility or market value whether or not We had knowledge that such damage might be incurred. This limit shall apply even if the lost or damaged article forms part of a pair or set or had exceptional or antique value before it was lost or damaged. For items that are damaged, we reserve the right to pay for the repair or replacement of the item at Our sole discretion. We shall not be liable for any loss or damage, cost, expense or injury resulting from:

1. Fire, loss or damage while Your property is in storage and not under Our control.
2. Moth, vermin or similar infestation or inherent vice or defect of any property.
3. Cleaning, repairing or restoring of any property unless separately contracted.
4. War, invasion, acts of foreign enemies, hostilities (war declared or not), civil war, rebellion, military coup, terrorism, force majeure or act of God.
5. Wear and tear, leakage or evaporation, atmospheric or climatic changes.
6. Death, injury, sickness or disease arising from the removal or warehousing of any frozen food or drink. Frozen goods are only moved at Your sole risk.
7. Any consequential loss or damages of any kind, including loss of profit or anticipated profits, emotional damages, loss of prospective advantage etc..
8. Items which are brittle or have an inherent defect or which have been previously broken and repaired, deep freezers, clockwork, electronic or motor-driven goods (unless there is external evidence of impact damage resulting from Our handling), sensitive equipment, MDF or self-assembly furniture that is dismantled and/or reassembled regardless of who built it originally, or which is unsuitable for transportation, or surfaces coated in polyester lacquer or which have been refined or restored less than 1 year before the Work.
9. Any goods, which are not both packed and unpacked by Us.
10. Property that is left by You inside cupboards or other furniture during pickup transportation, storage or delivery.
11. Food, animals, plants or other living things.
12. Fixtures, fittings, property or goods to which damage is unavoidable due to conditions of access to any premises from which such property is retrieved or to which it is delivered.
13. Delivery of any property or goods to Our possession via third party carrier (e.g. courier/commercial post carrier etc.).
14. Any class of property, goods or articles referred to in Paragraph 8.
15. Computer software or data. We strongly advise you to back up all valuable data or information prior to packing or transportation of such equipment.
16. Items collected from or delivered to premises which are unattended or unoccupied by You or Your authorized agent.
17. Items removed or left behind in error (see Paragraph 3.1(a))
18. Items removed by others.

11.2            You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against all liabilities, losses, damage, costs and/or expenses of whatever nature which may result from Us acting on Your instructions or arising from any breach by You of any warranty or condition contained in these Terms and Conditions or from Your negligence whether or not in combination with others and excepting therefrom only such losses or claims which arise from the sole negligence of CONTRACTOR.

11.3            If any claim is made against Us by anyone other than You/Your agent arising out of or in connection with any Service(s) provided by Us, You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against any charges, expenses, damages or penalties claimed against us except in the case where We are found to have been negligent in a court of competent jurisdiction.

11.4            Liability of the CONTRACTOR and insurance company for loss or damage shall be subject to Shipper’s compliance with these terms and conditions.

12.0            DELAYS IN TRANSIT

12.1            In the event of delay in the transportation of Your property beyond a reasonable time after the schedule provided in Our agreement with You, and such delay is reasonably within Our control, We will pay Your reasonable expenses resulting from such avoidable delay up to a maximum of $100.00.

12.2            If through no fault of CONTRACTOR, We are unable to deliver goods as originally scheduled, We will deliver such goods into storage. Such delivery shall be conclusively deemed full delivery of such goods as originally contracted. Thereafter, any additional service(s), including storage and delivery from storage, shall incur additional charges in accordance with Our regular schedule of fees and charges.

13.0            DAMAGE TO PREMISES

13.1            We shall not be liable for any damage to any premises from which We retrieve Your property or to which such property or goods are delivered which is not the direct result of gross negligence on the part of CONTRACTOR. In the event such damage is caused by Our sole negligence, Our liability shall be limited to a maximum of $50.00 in the aggregate for all such damage unless You have specifically included, in Your written contract with Us, that You wish Us to arrange Property Damage Insurance.

13.2            Any damage to premises must be noted in writing on the collection or delivery note. Failure to note any damage to premises on the collection or delivery documents at the time of collection or delivery shall constitute a waiver of any rights or claims to damage to the premises.

14.0            TIME LIMITS FOR CLAIMS

14.1            Any claim for any form of damage, loss, injury, deterioration and any other claims arising from any Service(s) performed by CONTRACTOR whatsoever, shall be barred and deemed waived unless notice of loss and/or damage shall have been received by Us in writing AND:

1. If You or Your agent collect property from Our premises, to which any damage or loss is claimed from Us, We will not be liable for any loss or damage unless We are notified in writing at the time such property is removed from Our custody or control.
2. If We deliver goods to a premises, any damage or loss must be recorded in writing on the signed delivery documents and in no event later than 48 hours after delivery.
3. If We ship goods overseas, any damage or loss must be recorded in writing on the release documents and in no event later than 48 hours after release from Customs.

14.2            Any claim or demand for arbitration shall be commenced against Us within no more than one (1) year from the date set forth in either subsection a or b of this section regardless of any state or jurisdictional statute of limitations or similar statute of repose that may apply to such claims. Failure to commence an action or proceeding within the time limits prescribed by this section shall constitute a waiver of all such claims.

15.0            OUR RIGHT OF LIEN

15.1            CONTRACTOR claims a lien upon any property in its possession, custody or control to ensure payment of its accrued fees, charges and expenses. Subject to applicable law, We have a legal right to withhold or ultimately dispose of some or all of any property left in storage or in Our possession, to satisfy any outstanding charges and other payments due under this contract. These include any charges that We have paid on Your behalf. While We hold Your property, even if that is due to Your failure or refusal to pay accrued and outstanding charges, You will be liable to pay all storage charges and all other costs incurred in holding Your goods and property and these terms and conditions will continue to apply. All such accrued storage fees and charges may be added to any existing balance to be satisfied by the sale or disposition of any goods left in Our possession.  See page 1 of this Agreement regarding Your rights to pursue arbitration of disputes through the Better Business Bureau. 

16.0            OUR RIGHT TO SELL PROPERTY

16.1            Subject to Your right to commence an arbitration with the Better Business Bureau to challenge disputes, if Your account is not paid, We are entitled to give you 28 day’s notice to remove Your goods from Our custody and pay all money due to Us. If You do not make this payment, We are entitled to sell or dispose of some or all of Your property without further notice. If in Our reasonable opinion or the opinion of a competent adviser any item is of no resale value or the costs of sale would exceed the likely proceeds, We are entitled to dispose of the property as, in Our sole discretion, may be appropriate. If We sell Your goods We will make good faith reasonable efforts to sell them at a fair market price. However, We shall have no liability of any kind whatsoever if such sale does not realize any particular or anticipated value. We are entitled to make a charge for valuation, administration, delivery and all other costs, expenses and work incurred in the course of such sale proceedings as well as storage fees involved in sale or disposal of the Property. All such additional charges will be added to Client’s account.  Any proceeds of such sale will be credited to Your account. In the event any sale proceeds exceed the account balance, such surplus will be paid to You within thirty (30) days of the completion of the sale without interest.

17.0            CHOICE OF LAW

17.1            The validity, construction, enforceability and performance of this contract shall be governed in all respects by the substantive law of the State of New York, without regard to contrary principles of conflicts of laws.

18.0            OUR RIGHT TO SUBCONTRACT THE WORK

18.1            We reserve the right, in Our sole discretion, to subcontract all or part of work. All subcontracted work shall be carried out in accordance with, and subject to, these terms and conditions.

19.0            NOTIFICATION OF ADDRESS

19.1            While Your property is in storage and under Our care, You will keep Us informed of Your current address. Notification of change of address will not be effective unless You inform Us in writing and We acknowledge in writing that We have received it. We will make this acknowledgment promptly. All correspondence and notices will be PRESUMED to have been received by you 7 days after We posted it to the last address You reported to CONTRACTOR.

20.0            STORAGE CONTRACTS

20.1            Charges agreed upon for storage of property shall be set forth and established in writing prior to the acceptance of Property for storage by Us. We reserve the right, subject to these provisions, to change or amend storage charges and the terms of such storage, from time to time. In the event of such changes or amendments, We shall deliver written notice of change or amendment not less than 45 days prior to implementation of such new terms and conditions. No changes or amendments shall be effective or apply less than 45 calendar days from the date of such written notice. Continued storage of Your property with Us thereafter shall constitute acceptance and adoption of any such new terms or conditions, charges or rates.

20.2            All storage charges will be invoiced and are payable one (1) month in advance. If You remove the goods from storage before the expiration of the prepaid period, We will credit Your account for the unexpired portion of the period for which We have billed you, but not for unexpired periods of less than one complete week. All accrued charges must be paid before goods are released from storage. See Paragraphs 15 and 16 with respect to Our rights to withhold or dispose of your property pending payment of Our accrued fees and charges.

20.3            You are entitled to terminate the storage contract by giving us written notice not less than fourteen (14) calendar days before the effective date of such cancellation. We reserve the right to charge for the full 14-day period of notice. Subject to the terms and conditions in this document and the timely payment of accrued charges, costs and expenses by Client, We shall not terminate any storage contract upon less than thirty (30) day’s notice.

20.4            We are entitled to make a separate charge for stowing or unstowing of Your property while in storage including the initial and final movement into and out of store and, if You do not use us for delivery or collection of Your property to or from the warehouse, we shall make a charge for receiving or delivering it to Your designee.

21.0            MANDATORY ARBITRATION

                                        21.1            Any dispute between Contractor and the Client shall be submitted to mandatory arbitration with the American Arbitration Association in the jurisdiction in which the goods which are the subject of the dispute are or were stored.  Notwithstanding the foregoing, at Your option, we will submit to final and binding arbitration in accordance with the arbitration rules of the Better Business Bureau of Metropolitan New York, Inc. for any dispute that arises out of: (a) Contractor’s Intended sale of Your goods for non-payment and (b) any other dispute involving Your goods where the amount In controversy Is between $100 and $2,500. For information about arbitration, call the Better Business Bureau at 212.533.6200 or write to the Better Business Bureau at 257 Park Avenue, New York, New York 10010 (Attn: Arbitration).

22.0            SEVERABILITY

                                        22.1            The provisions of this Agreement are severable, and if any provision of this Agreement is found to be unenforceable, such provision may be severed or modified and all other provisions shall remain fully valid and enforceable.

TERMS AND CONDITIONS FOR AIR SEA PACKING MIAMI LLC.

BY ACCEPTING CONTRACTOR’S SERVICES, YOU EXPRESSLY AGREE TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Definitions: Whenever the term “Client”, “Shipper”, “You” or “Your” appears herein, it shall refer to the person, entity, or company contracting for services or work by CONTRACTOR, including any agents, employees or assigns. Whenever the term “CONTRACTOR”, “We,” “Our” or “Us” appears herein it shall refer to Air Sea Packing Miami LLC. as the entity supplying or performing Service(s).

PLEASE NOTE THAT ALL WORK OR SERVICES OF ANY NATURE OR KIND WHATSOEVER PERFORMED BY OR ON BEHALF OF CONTRACTOR ARE AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN UNLESS SUCH TERM OR CONDITION IS EXPRESSLY WAIVED IN WRITING BY CONTRACTOR OR AN AUTHORIZED AGENT THEREOF. 

It is agreed among the parties involved that the conditions of contract of carriage for this shipment are governed by AirSea’s tariffs, available for inspection at AirSea’s Offices which are hereby incorporated into this contract, and a copy of which will be supplied  upon request. 

PLEASE ALSO NOTE THAT THESE TERMS AND CONDITIONS MAY LIMIT THE SCOPE OF DUTIES, LIABILITIES OR OBLIGATIONS WHICH CONTRACTOR MAY ASSUME OR UNDERTAKE ABSENT SEPARATE WRITTEN AGREEMENTS. PARTICULAR ATTENTION SHOULD BE PAID TO THE LIMITATIONS CONTAINED IN THESE TERMS AND CONDITIONS.

1.0              ESTIMATES

1.1              The estimated price for CONTRACTOR’s Service(s) set forth in Our written proposal does not include Customs duties or any other fees payable to national or local government bodies. Such charges and fees cannot be anticipated in full and if paid or advanced by CONTRACTOR, such charges will be passed on to You in addition to CONTRACTOR’s charges for Service(s).

1.2              CONTRACTOR reserves the right to amend, alter and/or increase the estimated price set forth in its written proposal under the following conditions:

1. You do not accept the written proposal within fourteen (14) calendar days of issuance.
2. As a consequence of Your acts or omissions, CONTRACTOR is not able to complete the Service(s) set forth in the written proposal within ninety (90) days of the date of the Proposal.
3. Increase in CONTRACTOR’s costs due to fluctuation in currency exchange rates from the rates in effect as of the date of the written proposal; changes in taxation rates or changes in third party freight charges beyond Our control.
4. Any additional Service(s) requested by You and not specifically itemized in the Proposal.
5. Delay caused by any Force Majeure.
6. Additional time or costs incurred as a consequence of site conditions which are not disclosed by You at the time of the proposal including but not limited to adequacy and availability of stairs, lifts, doorways, access points, streets, loading and unloading sites etc.
7. Any additional costs or expenses incurred as a result of the imposition of parking or standing fees or charges imposed upon CONTRACTOR in the performance of its Service(s).
8. Please take notice that if you do not elect for the additional coverage, there will be no coverage for loss or damage to your property beyond the insurance coverage disclosed in 11.1 below. If you accept offer of coverage under the Air Sea policy, such coverage will be subject to the terms and conditions of this policy of insurance.

2.0              INVENTORY:                 CONTRACTOR has provided to You an inventory of all goods being stored and/or transported by Us under this Agreement. The inventory provided to You shall be CONCLUSIVELY PRESUMED to be a complete and accurate list of property received by CONTRACTOR unless, within three (3) days of receiving the inventory, You notify Us in writing of any error/omission.

3.0              CLIENT’S RESPONSIBILITIES DURING PROPERTY REMOVAL

3.1              To the extent CONTRACTOR’s Service(s) include removal of property from any location, the following shall be Your sole obligation and responsibility and CONTRACTOR assumes no responsibilities, liabilities or obligations in connection therewith and shall not be responsible for any loss, damage, delay or injury resulting from these matters:

1. You shall ensure that no property not intended for Service(s) by CONTRACTOR is removed from the premises and no property that is intended for Service(s) by CONTRACTOR is left behind at the premises from which property is being removed.
2. You shall obtain at Your sole cost and expense all documents, permissions, permits, or approvals necessary for the performance of the requested Service(s) by CONTRACTOR.
3. You shall be solely responsible for the security of Your property at the premises from which any property is being removed and at any destination point to which CONTRACTOR is contracted to deliver such property. You or Your authorized representative must be present at the time of any delivery and throughout the delivery process until completed. CONTRACTOR assumes no responsibility or liability for loss, theft or damage resulting from any lack of security at any pickup or delivery premises.
4. You shall be solely responsible for the proper and adequate preparation and stabilization of all electrical or electronic appliances and equipment including, but not limited to audio equipment, computer equipment etc., prior to removal of same from any premises by CONTRACTOR. CONTRACTOR shall not be liable for damage, loss, or injury to any such equipment resulting from movement, shaking, vibration or insufficient preparation by Client. Under no circumstances shall CONTRACTOR be liable for loss or damage to any software or data arising from any Service(s) supplied by CONTRACTOR.
5. You shall make any necessary arrangements and payment for any necessary parking facilities which may be required by CONTRACTOR to perform its Service(s). You are solely responsible for assuring appropriate and adequate physical access to Your premises to permit ingress and egress of CONTRACTOR vehicles.

4.0              CLIENT’S REPRESENTATIONS

4.1              By executing the contract for Service(s) with CONTRACTOR, You hereby represent and warrant that all goods, materials, property, merchandise, articles or items for which You have requested Service(s) from CONTRACTOR are solely the chattel property of Client and that Client possesses all necessary and legal rights and title in same to effect this contract.

4.2              You hereby represent and warrant that no property, goods, materials, merchandise, articles or items for which You are requesting Service(s) from CONTRACTOR are dangerous, hazardous or constitute illegal contraband under the laws of any country or state from, through or to which CONTRACTOR may be contracted to transport such items.

4.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, fines, penalties suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy or validity of the representations and warranties in Paragraphs 4.1 and 4.2.

5.0              CUSTOMS DOCUMENTATION

5.1              It is the responsibility and obligation of Client to ensure the accuracy of any description of goods, articles, merchandise or property being transported internationally by CONTRACTOR and to assure that all local legal requirements for export or import, customs declarations and documentation are accurate, adequate and complete. This obligation shall apply to property and goods transported by Us as well as any property or goods shipped by Client directly for which CONTRACTOR has been retained to clear Customs inspection.

5.2              Subject to Client’s obligations in Paragraph 5.1, CONTRACTOR will present and process Your prepared customs documentation to appropriate officials and agencies as necessary to effect transportation of such property.

5.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, penalties, suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy, sufficiency or validity of any customs documentation prepared by You and proffered in good faith by CONTRACTOR in the transportation of Your property.

5.4              CONTRACTOR shall not be liable or responsible for any loss, damage, delay, cost, penalty or other expense of any nature whatsoever, occasioned by or arising out of any inaccuracy, insufficiency, invalidity or inadequacy of any customs documentation prepared by Client.

6.0              PACKING

6.1              If indicated on the contract for service(s), We shall pack items for storage or for carriage by land, sea or air. The choice of materials used in the packing of such items shall be at Our sole discretion.

6.2              You shall have the obligation to inform CONTRACTOR of any special packing requirements, particular faults or fragility of which You are aware and which would affect the manner and method utilized by CONTRACTOR to pack Your property.  CONTRACTOR shall not be responsible or liable for any loss or damage occasioned by Your failure to so notify CONTRACTOR.

7.0              EXCLUDED SERVICES

7.1              Unless set forth in writing on the contract for Service(s), CONTRACTOR will not:

1. Dismantle, disassemble, assemble or reassemble products composed of medium density fiberboard (MDF); chipboard or unit furniture (flat-pack type assemblies).
2. Disconnect or reconnect any appliances from or to any service, utility, fitting, or other equipment. This includes, but is not limited to, computer equipment, electronics, kitchen large or small appliances, audio equipment etc.
3. Remove or place fitted floor coverings.
4. Hang or fit curtains, blinds or other window coverings, pictures, artwork, or other wall hung items.
5. Move or transport night storage heaters (unless dismantled by others), safes, or any article weight greater than

550 pound (250 Kg).

8. Move, transport, or store any items specifically excluded from Our Service(s) under Paragraph 8.0 below.

7.2              CONTRACTOR shall not be responsible, and You agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by CONTRACTOR unless such Service(s) are specifically referenced and agreed to in writing in the contract for Service(s).  You further agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by any independent contractor, staff or employee of Client.

8.0              EXCLUDED PROPERTY/GOODS

8.1              THIS PROVISION LIMITS OUR LIABILITY.  PLEASE READ IT CAREFULLY. CONTRACTOR accepts no responsibility, liability or obligations for loss, damage or injury to any of the following classes/types of articles or goods which may occur in the course of packing (if applicable), moving, transportation, loading, unloading, storing or shipping regardless of cause:

1. Jewelry, watches, precious stones, money, deeds, securities, tickets, stamps, coins, or similar collections.
2.                  Potentially dangerous, damaging, or explosive items or any hazardous materials.
3. Goods, property, or products likely to encourage vermin or other pests or to cause infection.
4.                  Refrigerated or frozen food or drink.
5.                  Any animals, including pets, birds or fish, and their cages or tank.
6.                   Plants or other growing things may be removed at Our discretion but not stored.
7. Computer, telecommunications or other electronic equipment and any data or software stored in them.

9.0              RIGHT TO INSPECT

9.1              In the interests of health, safety and security, We reserve the right to open or inspect any packages, boxes and/or goods and to properly and immediately dispose of any materials, goods, or objects which pose a risk or threat to the health, safety, welfare or security of Our personnel or third parties or which we reasonably and in good faith believe pose a threat to health, safety welfare or security of Our personnel or third parties.

9.2              You agree to waive any claim and to hold Us harmless from and against any loss, damage, cost or expense associated with the disposition of such materials goods or packages. Without limiting such waiver, in the event the products, materials, packages, boxes or goods do not represent an immediate threat to health, safety or welfare of Our personnel or third parties in the sole opinion of CONTRACTOR, We will make a reasonable good faith effort to contact You to arrange for removal of such items from Our possession, custody and control.

10.0            PAYMENT TO CONTRACTOR

10.1            Unless expressly agreed in writing, all costs, charges, duties, reimbursements, fees and all other charges are due and payable immediately upon receipt of invoice, and all payments for storage costs and any other accrued charges, must be paid in full before property is released or delivered from storage.

10.2            All invoiced charges not paid within thirty (30) days of invoicing shall accrue interest at the rate of 1.5% per month or portion thereof upon any outstanding balance. All charges are payable in U.S. Dollars by check, bank draft, certified check, cashier’s check, U.S. Money Order or Electronic wire transfer drawn upon a U.S. banking institution. Cash may be received in payment only at CONTRACTOR offices in person. CONTRACTOR reserves the right to decline or to make additional charge for accepting payment by other means in Our discretion.

10.3            Unless CONTRACTOR has expressly agreed to accept payment upon other terms, payment of the estimated charges for CONTRACTOR’s Service(s) must be received prior to commencement of Service(s). Failure to pay the estimated costs of Services as specified, may constitute ground for cancellation of the Contract and denial of Service(s). CONTRACTOR shall not be liable or responsible for any cost, expense, damage, or injury arising out of denial of Service(s) due to the failure of Consumer to effect timely payment.

11.0            LIABILITIES FOR LOSS OR DAMAGE | INSURANCE

11.1            THE FOLLOWING PROVISIONS AFFECT AND LIMIT OUR LIABILITY TO YOU FOR LOSS OR DAMAGE. PLEASE READ THESE PROVISIONS CAREFULLY. CONTRACTOR’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $0.66 per pound, per piece, of cargo lost, damaged, misdelivered, or otherwise adversely affected, but in no event shall exceed the actual invoice value of the goods. This limitation is subject to provisions as published in CONTRACTOR’s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.66 per pound, per piece, shall be subject to an excess valuation insurance charge. SHIPPER may elect a higher rate of coverage by declaring a value for the cargo in excess of $0.66 per pound on the contract or bill of lading. We shall not be liable in any event for any special or consequential damages including but not limited to loss of profits, income, utility or market value whether or not We had knowledge that such damage might be incurred. This limit shall apply even if the lost or damaged article forms part of a pair or set or had exceptional or antique value before it was lost or damaged. For items that are damaged, we reserve the right to pay for the repair or replacement of the item at Our sole discretion. We shall not be liable for any loss or damage, cost, expense or injury resulting from:

1. Fire, loss or damage while Your property is in storage and not under Our control.
2. Moth, vermin or similar infestation or inherent vice or defect of any property.
3. Cleaning, repairing or restoring of any property unless separately contracted.
4. War, invasion, acts of foreign enemies, hostilities (war declared or not), civil war, rebellion, military coup, terrorism, force majeure or act of God.
5. Wear and tear, leakage or evaporation, atmospheric or climatic changes.
6. Death, injury, sickness or disease arising from the removal or warehousing of any frozen food or drink. Frozen goods are only moved at Your sole risk.
7. Any consequential loss or damages of any kind, including loss of profit or anticipated profits, emotional damages, loss of prospective advantage etc..
8. Items which are brittle or have an inherent defect or which have been previously broken and repaired, deep freezers, clockwork, electronic or motor-driven goods (unless there is external evidence of impact damage resulting from Our handling), sensitive equipment, MDF or self-assembly furniture that is dismantled and/or reassembled regardless of who built it originally, or which is unsuitable for transportation, or surfaces coated in polyester lacquer or which have been refined or restored less than 1 year before the Work.
9. Any goods, which are not both packed and unpacked by Us.
10. Property that is left by You inside cupboards or other furniture during pickup transportation, storage or delivery.
11. Food, animals, plants or other living things.
12. Fixtures, fittings, property or goods to which damage is unavoidable due to conditions of access to any premises from which such property is retrieved or to which it is delivered.
13. Delivery of any property or goods to Our possession via third party carrier (e.g. courier/commercial post carrier etc.).
14. Any class of property, goods or articles referred to in Paragraph 8.
15. Computer software or data. We strongly advise you to back up all valuable data or information prior to packing or transportation of such equipment.
16. Items collected from or delivered to premises which are unattended or unoccupied by You or Your authorized agent.
17. Items removed or left behind in error (see Paragraph 3.1(a))
18. Items removed by others.

11.2            You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against all liabilities, losses, damage, costs and/or expenses of whatever nature which may result from Us acting on Your instructions or arising from any breach by You of any warranty or condition contained in these Terms and Conditions or from Your negligence whether or not in combination with others and excepting therefrom only such losses or claims which arise from the sole negligence of CONTRACTOR.

11.3            If any claim is made against Us by anyone other than You/Your agent arising out of or in connection with any Service(s) provided by Us, You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against any charges, expenses, damages or penalties claimed against us except in the case where We are found to have been negligent in a court of competent jurisdiction.

11.4            Liability of the CONTRACTOR and insurance company for loss or damage shall be subject to Shipper’s compliance with these terms and conditions.

12.0            DELAYS IN TRANSIT

12.1            In the event of delay in the transportation of Your property beyond a reasonable time after the schedule provided in Our agreement with You, and such delay is reasonably within Our control, We will pay Your reasonable expenses resulting from such avoidable delay up to a maximum of $100.00.

12.2            If through no fault of CONTRACTOR, We are unable to deliver goods as originally scheduled, We will deliver such goods into storage. Such delivery shall be conclusively deemed full delivery of such goods as originally contracted. Thereafter, any additional service(s), including storage and delivery from storage, shall incur additional charges in accordance with Our regular schedule of fees and charges.

13.0            DAMAGE TO PREMISES

13.1            We shall not be liable for any damage to any premises from which We retrieve Your property or to which such property or goods are delivered which is not the direct result of gross negligence on the part of CONTRACTOR. In the event such damage is caused by Our sole negligence, Our liability shall be limited to a maximum of $50.00 in the aggregate for all such damage unless You have specifically included, in Your written contract with Us, that You wish Us to arrange Property Damage Insurance.

13.2            Any damage to premises must be noted in writing on the collection or delivery note. Failure to note any damage to premises on the collection or delivery documents at the time of collection or delivery shall constitute a waiver of any rights or claims to damage to the premises.

14.0            TIME LIMITS FOR CLAIMS

14.1            Any claim for any form of damage, loss, injury, deterioration and any other claims arising from any Service(s) performed by CONTRACTOR whatsoever, shall be barred and deemed waived unless notice of loss and/or damage shall have been received by Us in writing AND:

1. If You or Your agent collect property from Our premises, to which any damage or loss is claimed from Us, We will not be liable for any loss or damage unless We are notified in writing at the time such property is removed from Our custody or control.
2. If We deliver goods to a premises, any damage or loss must be recorded in writing on the signed delivery documents and in no event later than 48 hours after delivery.
3. If We ship goods overseas, any damage or loss must be recorded in writing on the release documents and in no event later than 48 hours after release from Customs.

14.2            Any claim or demand for arbitration shall be commenced against Us within no more than one (1) year from the date set forth in either subsection a or b of this section regardless of any state or jurisdictional statute of limitations or similar statute of repose that may apply to such claims. Failure to commence an action or proceeding within the time limits prescribed by this section shall constitute a waiver of all such claims.

15.0            OUR RIGHT OF LIEN

15.1            CONTRACTOR claims a lien upon any property in its possession, custody or control to ensure payment of its accrued fees, charges and expenses. Subject to applicable law, We have a legal right to withhold or ultimately dispose of some or all of any property left in storage or in Our possession, to satisfy any outstanding charges and other payments due under this contract. These include any charges that We have paid on Your behalf. While We hold Your property, even if that is due to Your failure or refusal to pay accrued and outstanding charges, You will be liable to pay all storage charges and all other costs incurred in holding Your goods and property and these terms and conditions will continue to apply. All such accrued storage fees and charges may be added to any existing balance to be satisfied by the sale or disposition of any goods left in Our possession.  See page 1 of this Agreement regarding Your rights to pursue arbitration of disputes through the Better Business Bureau. 

16.0            OUR RIGHT TO SELL PROPERTY

16.1            Subject to Your right to commence an arbitration with the Better Business Bureau to challenge disputes, if Your account is not paid, We are entitled to give you 28 day’s notice to remove Your goods from Our custody and pay all money due to Us. If You do not make this payment, We are entitled to sell or dispose of some or all of Your property without further notice. If in Our reasonable opinion or the opinion of a competent adviser any item is of no resale value or the costs of sale would exceed the likely proceeds, We are entitled to dispose of the property as, in Our sole discretion, may be appropriate. If We sell Your goods We will make good faith reasonable efforts to sell them at a fair market price. However, We shall have no liability of any kind whatsoever if such sale does not realize any particular or anticipated value. We are entitled to make a charge for valuation, administration, delivery and all other costs, expenses and work incurred in the course of such sale proceedings as well as storage fees involved in sale or disposal of the Property. All such additional charges will be added to Client’s account.  Any proceeds of such sale will be credited to Your account. In the event any sale proceeds exceed the account balance, such surplus will be paid to You within thirty (30) days of the completion of the sale without interest.

17.0            CHOICE OF LAW

17.1            The validity, construction, enforceability and performance of this contract shall be governed in all respects by the substantive law of the State of New York, without regard to contrary principles of conflicts of laws.

18.0            OUR RIGHT TO SUBCONTRACT THE WORK

18.1            We reserve the right, in Our sole discretion, to subcontract all or part of work. All subcontracted work shall be carried out in accordance with, and subject to, these terms and conditions.

19.0            NOTIFICATION OF ADDRESS

19.1            While Your property is in storage and under Our care, You will keep Us informed of Your current address. Notification of change of address will not be effective unless You inform Us in writing and We acknowledge in writing that We have received it. We will make this acknowledgment promptly. All correspondence and notices will be PRESUMED to have been received by you 7 days after We posted it to the last address You reported to CONTRACTOR.

20.0            STORAGE CONTRACTS

20.1            Charges agreed upon for storage of property shall be set forth and established in writing prior to the acceptance of Property for storage by Us. We reserve the right, subject to these provisions, to change or amend storage charges and the terms of such storage, from time to time. In the event of such changes or amendments, We shall deliver written notice of change or amendment not less than 45 days prior to implementation of such new terms and conditions. No changes or amendments shall be effective or apply less than 45 calendar days from the date of such written notice. Continued storage of Your property with Us thereafter shall constitute acceptance and adoption of any such new terms or conditions, charges or rates.

20.2            All storage charges will be invoiced and are payable one (1) month in advance. If You remove the goods from storage before the expiration of the prepaid period, We will credit Your account for the unexpired portion of the period for which We have billed you, but not for unexpired periods of less than one complete week. All accrued charges must be paid before goods are released from storage. See Paragraphs 15 and 16 with respect to Our rights to withhold or dispose of your property pending payment of Our accrued fees and charges.

20.3            You are entitled to terminate the storage contract by giving us written notice not less than fourteen (14) calendar days before the effective date of such cancellation. We reserve the right to charge for the full 14-day period of notice. Subject to the terms and conditions in this document and the timely payment of accrued charges, costs and expenses by Client, We shall not terminate any storage contract upon less than thirty (30) day’s notice.

20.4            We are entitled to make a separate charge for stowing or unstowing of Your property while in storage including the initial and final movement into and out of store and, if You do not use us for delivery or collection of Your property to or from the warehouse, we shall make a charge for receiving or delivering it to Your designee.

21.0            MANDATORY ARBITRATION

                                        21.1            Any dispute between Contractor and the Client shall be submitted to mandatory arbitration with the American Arbitration Association in the jurisdiction in which the goods which are the subject of the dispute are or were stored.  Notwithstanding the foregoing, at Your option, we will submit to final and binding arbitration in accordance with the arbitration rules of the Better Business Bureau of Metropolitan New York, Inc. for any dispute that arises out of: (a) Contractor’s Intended sale of Your goods for non-payment and (b) any other dispute involving Your goods where the amount In controversy Is between $100 and $2,500. For information about arbitration, call the Better Business Bureau at 212.533.6200 or write to the Better Business Bureau at 257 Park Avenue, New York, New York 10010 (Attn: Arbitration).

22.0            SEVERABILITY

                                        22.1            The provisions of this Agreement are severable, and if any provision of this Agreement is found to be unenforceable, such provision may be severed or modified and all other provisions shall remain fully valid and enforceable.

BILL OF LADING / CONTRACT FOR SERVICES AND

TERMS AND CONDITIONS FOR AIR SEA PACKING MIAMI LLC

BY ACCEPTING MOVER’S SERVICES, YOU EXPRESSLY AGREE TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Definitions: Whenever the term “Client”, “You,” “Shipper” or “Your” appears herein, it shall refer to the person, entity, or company contracting for services or work by MOVER, including any agents, employees or assigns.

Whenever the term “MOVER”, “We,” “Our,” “Mover,” “MOVER” or “Us” appears herein it shall refer to Air Sea Packing Miami LLC as the entity supplying or performing Service(s).

We are located at:     17401 NW 2nd Ave Unit 6, Miami Gardens, FL 33169

Our Phone Number is:  305-655-2223

Name of Shipper:                                                         ___________________________________

Phone Number of Shipper:                                          ___________________________________

Address of where items are to be picked up:               ___________________________________

Address of where items are to be picked up:               ___________________________________

Pick up Date (Date and time range):                            ___________________________________

Delivery Date (Date and time range):                           ___________________________________

The Transportation will be done by the following

types of trucks and the likely type of accessories:            ___________________________________

Write name of all authorized persons who may

Authorize pick up or delivery of any item transported:            ___________________________________

______               Mover accepts the following forms of payment.

Initials             (Visa, Mastercard, Check, Cash)

PLEASE READ CAREFULLY:

THIS CONTRACT FOR SERVICES IS REQUIRED BY COUNTY LAW AND MUST INCLUDE THE TERMS AND COSTS ASSOCIATED WITH YOUR MOVE. IN ORDER FOR THE CONTRACT FOR SERVICES TO BE ACCURATE, YOU MUST DISCLOSE ALL INFORMATION RELEVANT TO THE MOVE TO THE MOVER. COUNTY LAW REQUIRES THAT A MOVER RELINQUISH POSSESSION OF YOUR GOODS AND COMPLETE YOUR MOVE UPON PAYMENT OF NO MORE THAN THE SPECIFIED MAXIMUM AMOUNT DUE AT DELIVERY

UNLESS OTHERWISE NOT PERMITTED BY LAW, ALL WORK OR SERVICES OF ANY NATURE OR KIND WHATSOEVER PERFORMED BY OR ON BEHALF OF MOVER ARE AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN UNLESS SUCH TERM OR CONDITION IS EXPRESSLY WAIVED IN WRITING BY MOVER OR AN AUTHORIZED AGENT THEREOF.

PLEASE ALSO NOTE THAT THESE TERMS AND CONDITIONS MAY LIMIT THE SCOPE OF DUTIES, LIABILITIES OR OBLIGATIONS WHICH MOVER MAY ASSUME OR UNDERTAKE ABSENT SEPARATE WRITTEN AGREEMENTS. PARTICULAR ATTENTION SHOULD BE PAID TO THE LIMITATIONS CONTAINED IN THESE TERMS AND CONDITIONS.

1.0              ESTIMATES

1.1              The estimated price for CONTRACTOR’s Service(s) set forth in Our written proposal does not include Customs duties or any other fees payable to national or local government bodies. Such charges and fees cannot be anticipated in full and if paid or advanced by CONTRACTOR, such charges will be passed on to You in addition to CONTRACTOR’s charges for Service(s).

1.2              CONTRACTOR reserves the right to amend, alter and/or increase the estimated price set forth in its written proposal under the following conditions:

1. You do not accept the written proposal within fourteen (14) calendar days of issuance.
2. As a consequence of Your acts or omissions, CONTRACTOR is not able to complete the Service(s) set forth in the written proposal within ninety (90) days of the date of the Proposal.
3. Increase in CONTRACTOR’s costs due to fluctuation in currency exchange rates from the rates in effect as of the date of the written proposal; changes in taxation rates or changes in third party freight charges beyond Our control.
4. Any additional Service(s) requested by You and not specifically itemized in the Proposal.
5. Delay caused by any Force Majeure.
6. Additional time or costs incurred as a consequence of site conditions which are not disclosed by You at the time of the proposal including but not limited to adequacy and availability of stairs, lifts, doorways, access points, streets, loading and unloading sites etc.
7. Any additional costs or expenses incurred as a result of the imposition of parking or standing fees or charges imposed upon CONTRACTOR in the performance of its Service(s).
8. Please take notice that if you do not elect for the additional coverage, there will be no coverage for loss or damage to your property beyond the insurance coverage disclosed in 11.1 below. If you accept offer of coverage under the Air Sea policy, such coverage will be subject to the terms and conditions of this policy of insurance.

2.0              INVENTORY

2.1              MOVER has provided to You an inventory of all goods being stored by Us under this Agreement. The inventory provided to You shall be CONCLUSIVELY PRESUMED to be a complete and accurate list of property received by MOVER unless, within three (3) days of receiving the inventory, You notify Us in writing of any error/omission.

3.0              CLIENT’S RESPONSIBILITIES DURING PROPERTY REMOVAL

3.1              To the extent MOVER’s Service(s) include removal of property from any location, the following shall be Your sole obligation and responsibility and MOVER assumes no responsibilities, liabilities or obligations in connection therewith and shall not be responsible for any loss, damage, delay or injury resulting from these matters:

1. You shall ensure that no property not intended for Service(s) by MOVER is removed from the premises and no property that is intended for Service(s) by MOVER is left behind at the premises from which property is being removed.
2. You shall obtain at Your sole cost and expense all documents, permissions, permits, or approvals necessary for the performance of the requested Service(s) by MOVER.
3. You shall be solely responsible for the security of Your property at the premises from which any property is being removed and at any destination point to which MOVER is contracted to deliver such property. You or Your authorized representative must be present at the time of any delivery and throughout the delivery process until completed. MOVER assumes no responsibility or liability for loss, theft or damage resulting from any lack of security at any pickup or delivery premises.
4. You shall be solely responsible for the proper and adequate preparation and stabilization of all electrical or electronic appliances and equipment including, but not limited to audio equipment, computer equipment etc., prior to removal of same from any premises by MOVER. MOVER shall not be liable for damage, loss, or injury to any such equipment resulting from movement, shaking, vibration or insufficient preparation by Client. Under no circumstances shall MOVER be liable for loss or damage to any software or data arising from any Service(s) supplied by MOVER.
5. You shall make any necessary arrangements and payment for any necessary parking facilities which may be required by MOVER to perform its Service(s). You are solely responsible for assuring appropriate and adequate physical access to Your premises to permit ingress and egress of MOVER vehicles.

4.0              CLIENT’S REPRESENTATIONS

4.1              By executing the contract for Service(s) with MOVER, You hereby represent and warrant that all goods, materials, property, merchandise, articles or items for which You have requested Service(s) from MOVER are solely the chattel property of Client and that Client possesses all necessary and legal rights and title in same to effect this contract.

4.2              You hereby represent and warrant that no property, goods, materials, merchandise, articles or items for which You are requesting Service(s) from MOVER are dangerous, hazardous or constitute illegal contraband under the laws of any country or state from, through or to which MOVER may be contracted to transport such items.

4.3              You hereby agree to defend, indemnify and hold MOVER harmless from and against any claims, actions, damages, fines, penalties suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy or validity of the representations and warranties in Paragraphs 4.1 and 4.2.

5.0              CUSTOMS DOCUMENTATION

5.1              It is the responsibility and obligation of Client to ensure the accuracy of any description of goods, articles, merchandise or property being transported internationally by MOVER and to assure that all local legal requirements for export or import, customs declarations and documentation are accurate, adequate and complete. This obligation shall apply to property and goods transported by Us as well as any property or goods shipped by Client directly for which MOVER has been retained to clear Customs inspection.

5.2              Subject to Client’s obligations in Paragraph 5.1, MOVER will present and process Your prepared customs documentation to appropriate officials and agencies as necessary to effect transportation of such property.

5.3              You hereby agree to defend, indemnify and hold MOVER harmless from and against any claims, actions, damages, penalties, suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy, sufficiency or validity of any customs documentation prepared by You and proffered in good faith by MOVER in the transportation of Your property.

5.4              MOVER shall not be liable or responsible for any loss, damage, delay, cost, penalty or other expense of any nature whatsoever, occasioned by or arising out of any inaccuracy, insufficiency, invalidity or inadequacy of any customs documentation prepared by Client.

6.0              PACKING

6.1              If indicated on the contract for service(s), We shall pack items for storage or for carriage by land, sea or air. The choice of materials used in the packing of such items shall be at Our sole discretion.

6.2              You shall have the obligation to inform MOVER of any special packing requirements, particular faults or fragility of which You are aware and which would affect the manner and method utilized by MOVER to pack Your property.  MOVER shall not be responsible or liable for any loss or damage occasioned by Your failure to so notify MOVER.

7.0              EXCLUDED SERVICES

7.1              Unless set forth in writing on the contract for Service(s), MOVER will not:

1. Dismantle, disassemble, assemble or reassemble products composed of medium density fiberboard (MDF); chipboard or unit furniture (flat-pack type assemblies).
2. Disconnect or reconnect any appliances from or to any service, utility, fitting or other equipment. This includes, but is not limited to, computer equipment, electronics, kitchen large or small appliances, audio equipment etc.
3. Remove or place fitted floor coverings.
4. Hang or fit curtains, blinds or other window coverings, pictures, artwork or other wall hung items.

1. Move or transport night storage heaters (unless dismantled by others), safes, or any article weight greater than 550 pounds (250 Kg).
2. Move, transport or store any items specifically excluded from Our Service(s) under Paragraph 8.0 below.

7.2              MOVER shall not be responsible and You agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by MOVER unless such Service(s) are specifically referenced and agreed to in writing in the contract for Service(s).  You further agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by any independent MOVER, staff or employee of Client.

8.0              EXCLUDED PROPERTY/GOODS

8.1              THIS PROVISION LIMITS OUR LIABILITY.  PLEASE READ IT CAREFULLY. MOVER accepts no responsibility, liability or obligations for loss, damage or injury to any of the following classes/types of articles or goods which may occur in the course of packing (if applicable), moving, transportation, loading, unloading, storing or shipping regardless of cause:

1. Jewelry, watches, precious stones, money, deeds, securities, cash, crypto-currencies, tickets, stamps, coins, or similar collections.
2.                  Potentially dangerous, damaging or explosive items or any hazardous materials.
3. Goods, property or products likely to encourage vermin or other pests or to cause infection.
4.                                      Refrigerated or frozen food or drink.
5.                  Any animals, including pets, birds or fish, and their cages or tank.
6.                   Plants or other growing things may be removed at Our discretion but not stored.
7. Computer, telecommunications or other electronic equipment and any data or software stored in them.
8. Function or operation of electrical devices, furnishings, or equipment that is not visibly damaged

9.0              RIGHT TO INSPECT

9.1              In the interests of health, safety and security, We reserve the right to open or inspect any packages, boxes and/or goods and to properly and immediately dispose of any materials, goods, or objects which pose a risk or threat to the health, safety, welfare or security of Our personnel or third parties or which we reasonably and in good faith believe pose a threat to health, safety welfare or security of Our personnel or third parties.

9.2              You agree to waive any claim and to hold Us harmless from and against any loss, damage, cost or expense associated with the disposition of such materials goods or packages. Without limiting such waiver, in the event the products, materials, packages, boxes or goods do not represent an immediate threat to health, safety or welfare of Our personnel or third parties in the sole opinion of MOVER, We will make a reasonable good faith effort to contact You to arrange for removal of such items from Our possession, custody and control.

10.0            PAYMENT TO MOVER

10.1            Unless expressly agreed in writing, all costs, charges, duties, reimbursements, fees and all other charges are due and payable immediately upon receipt of invoice, and all payments for storage costs and any other accrued charges, must be paid in full before property is released or delivered from storage.

10.2            All invoiced charges not paid within thirty (30) days of invoicing shall accrue interest at the rate of 1.5% per month or portion thereof upon any outstanding balance. All charges are payable in U.S. Dollars by check, bank draft, certified check, cashier’s check, U.S. Money Order or Electronic wire transfer drawn upon a U.S. banking institution. Cash may be received in payment only at MOVER offices in person. MOVER reserves the right to decline or to make additional charge for accepting payment by other means in Our discretion.

10.3            Unless MOVER has expressly agreed to accept payment upon other terms, payment of the estimated charges for MOVER’s Service(s) must be received prior to commencement of Service(s). Failure to pay the estimated costs of Services as specified, may constitute ground for cancellation of the Contract and denial of Service(s). MOVER shall not be liable or responsible for any cost, expense, damage, or injury arising out of denial of Service(s) due to the failure of Consumer to effect timely payment.

11.0     LIABILITIES FOR LOSS OR DAMAGE | INSURANCE

BY SIGNING THIS AGREEMENT, YOU ARE WAIVING CERTAIN VALUABLE COVERAGE WHICH PROTECTS YOUR POSSESSIONS ABOVE THE MINIMUM AMOUNTS SET BY LAW. PLEASE READ CAREFULLY.

11.1     THE FOLLOWING PROVISIONS AFFECT AND LIMIT OUR LIABILITY TO YOU FOR LOSS OR DAMAGE. PLEASE READ THESE PROVISIONS CAREFULLY. The liability of MOVER with respect to loss and/or damage of the consigned goods is limited to $0.66 per pound OR $50.00 per consignment whichever is the greater. Insurance in excess of that amount is available upon request and can be procured through Us to cover specifically identified items on all goods at an additional cost. We shall not be liable in any event for any special or consequential damages including but not limited to loss of profits income utility or market whether or not We had knowledge that such damage might be incurred. This limit shall apply even if the lost or damaged article forms part of a pair or set or had exceptional or antique value before it was lost or damaged. For items that are damaged, we reserve the right to pay for the repair or replacement of the item at Our sole discretion. We shall not be liable for any loss or damage, cost, expense or injury resulting from:

1. Fire, loss or damage while Your property is in storage and not under Our control.
2. Moth, vermin or similar infestation or inherent vice or defect of any property.
3. Cleaning, repairing or restoring of any property unless separately contracted.
4. War, invasion, acts of foreign enemies, hostilities (war declared or not), civil war, rebellion, military coup, terrorism, force majeure or act of God.
5. Wear and tear, leakage or evaporation, atmospheric or climatic changes.
6. Death, injury, sickness or disease arising from the removal or warehousing of any frozen food or drink. Frozen goods are only moved at Your sole risk.
7. Any consequential loss or damages of any kind, including loss of profit or anticipated profits, emotional damages, loss of prospective advantage etc..
8. Items which are brittle or have an inherent defect or which have been previously broken and repaired, deep freezers, clockwork, electronic or motor-driven goods (unless there is external evidence of impact damage resulting from Our handling), sensitive equipment, MDF or self-assembly furniture that is dismantled and/or reassembled regardless of who built it originally, or which is unsuitable for transportation, or surfaces coated in polyester lacquer or which have been refined or restored less than 1 year before the Work.
9. Any goods, which are not both packed and unpacked by Us.
10. Property that is left by You inside cupboards or other furniture during pickup transportation, storage or delivery.
11. Food, animals, plants or other living things.
12. Fixtures, fittings, property or goods to which damage is unavoidable due to conditions of access to any premises from which such property is retrieved or to which it is delivered.
13. Delivery of any property or goods to Our possession via third party carrier (e.g. courier/commercial post carrier etc.).
14. Any class of property, goods or articles referred to in Paragraph 8.
15. Computer software or data. We strongly advise you to back up all valuable data or information prior to packing or transportation of such equipment.
16. Items collected from or delivered to premises which are unattended or unoccupied by You or Your authorized agent.
17. Items removed or left behind in error (see Paragraph 3.1(a))
18. Items removed by others.

11.2            You hereby agree to indemnify, defend and hold MOVER, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against all liabilities, losses, damage, costs and/or expenses of whatever nature which may result from Us acting on Your instructions or arising from any breach by You of any warranty or condition contained in these Terms and Conditions or from Your negligence whether or not in combination with others and excepting therefrom only such losses or claims which arise from the sole negligence of MOVER.

11.3            If any claim is made against Us by anyone other than You/Your agent arising out of or in connection with any Service(s) provided by Us, You hereby agree to indemnify, defend and hold MOVER, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against any charges, expenses, damages or penalties claimed against us except in the case where We are found to have been negligent in a court of competent jurisdiction.

11.4            PLEASE TAKE NOTICE THAT MOVER DOES NOT MAINTAIN ANY POLICY OF INSURANCE PROVIDING DIRECT COVERAGE FOR LOSS OR DAMAGE TO YOUR PROPERTY BEYOND THE INSURANCE COVERAGE DISCLOSED IN PARAGRAPH 11.1 ABOVE. WE THEREFORE OFFER TO ASSIST YOU IN ARRANGING INSURANCE OF YOUR PROPERTY. IF YOU ACCEPT THIS OFFER A SEPARATE CONTRACT WILL BE MADE BETWEEN YOU AND THE INSURERS.

1. Any insurance effected will be subject to the usual exceptions and conditions of the insurance company or underwriters issuing such policy or coverage. It is Your sole responsibility to acquaint Yourself with such exceptions and conditions and You are deemed to accept same by acceptance of the coverage/policy.
2.                  The insurance conditions and exclusions are separate from these terms and conditions and shall apply separately and distinctly to all claims.

12.0            DELAYS IN TRANSIT

12.1            In the event of delay in the transportation of Your property beyond a reasonable time after the schedule provided in Our agreement with You, and such delay is reasonably within Our control, We will pay Your reasonable expenses resulting from such avoidable delay up to a maximum of $100.00.

12.2            If through no fault of MOVER, We are unable to deliver goods as originally scheduled, We will deliver such goods into storage. Such delivery shall be conclusively deemed full delivery of such goods as originally contracted. Thereafter, any additional service(s), including storage and delivery from storage, shall incur additional charges in accordance with Our regular schedule of fees and charges.

13.0            DAMAGE TO PREMISES

13.1            We shall not be liable for any damage to any premises from which We retrieve Your property or to which such property or goods are delivered which is not the direct result of gross negligence on the part of MOVER. In the event such damage is caused by Our sole negligence, Our liability shall be limited to a maximum of $50.00 in the aggregate for all such damage unless You have specifically included, in Your written contract with Us, that You wish Us to arrange Property Damage Insurance.

13.2            Any damage to premises must be noted in writing on the collection or delivery note. Failure to note any damage to premises on the collection or delivery documents at the time of collection or delivery shall constitute a waiver of any rights or claims to damage to the premises.

14.0            TIME LIMITS FOR CLAIMS

14.1            Any claim for any form of damage, loss, injury, deterioration and any other claims arising from any Service(s) performed by MOVER whatsoever, shall be barred and deemed waived unless notice of loss and/or damage shall have been received by Us in writing AND:

1. If You or Your agent collect property from Our premises, to which any damage or loss is claimed from Us, We will not be liable for any loss or damage unless We are notified in writing at the time such property is removed from Our custody or control.
2. If We deliver goods to a premises, any damage or loss must be recorded in writing on the signed delivery documents and in no event later than 48 hours after delivery.
3. If We ship goods overseas, any damage or loss must be recorded in writing on the release documents and in no event later than 48 hours after release from Customs.

14.2            Any claim or demand for arbitration shall be commenced against Us within no more than one (1) year from the date set forth in either subsection a or b of this section regardless of any state or jurisdictional statute of limitations or similar statute of repose that may apply to such claims. Failure to commence an action or proceeding within the time limits prescribed by this section shall constitute a waiver of all such claims.

15.0            OUR RIGHT OF LIEN

15.1            MOVER claims a lien upon any property in its possession, custody or control to ensure payment of its accrued fees, charges and expenses. Subject to applicable law, We have a legal right to withhold or ultimately dispose of some or all of any property left in storage or in Our possession, to satisfy any outstanding charges and other payments due under this contract. These include any charges that We have paid on Your behalf. While We hold Your property, even if that is due to Your failure or refusal to pay accrued and outstanding charges, You will be liable to pay all storage charges and all other costs incurred in holding Your goods and property and these terms and conditions will continue to apply. All such accrued storage fees and charges may be added to any existing balance to be satisfied by the sale or disposition of any goods left in Our possession.  See page 1 of this Agreement regarding Your rights to pursue arbitration of disputes through the Better Business Bureau. 

16.0            OUR RIGHT TO SELL PROPERTY

16.1            Subject to Your right to commence an arbitration with the Better Business Bureau to challenge disputes, if Your account is not paid, We are entitled to give you 28 day’s notice to remove Your goods from Our custody and pay all money due to Us. If You do not make this payment, We are entitled to sell or dispose of some or all of Your property without further notice. If in Our reasonable opinion or the opinion of a competent adviser any item is of no resale value or the costs of sale would exceed the likely proceeds, We are entitled to dispose of the property as, in Our sole discretion, may be appropriate. If We sell Your goods We will make good faith reasonable efforts to sell them at a fair market price. However, We shall have no liability of any kind whatsoever if such sale does not realize any particular or anticipated value. We are entitled to make a charge for valuation, administration, delivery and all other costs, expenses and work incurred in the course of such sale proceedings as well as storage fees involved in sale or disposal of the Property. All such additional charges will be added to Client’s account.  Any proceeds of such sale will be credited to Your account. In the event any sale proceeds exceed the account balance, such surplus will be paid to You within thirty (30) days of the completion of the sale without interest.

17.0            CHOICE OF LAW

17.1            The validity, construction, enforceability and performance of this contract shall be governed in all respects by the substantive law of the State of Florida, without regard to contrary principles of conflicts of laws.

18.0            OUR RIGHT TO SUBCONTRACT THE WORK

18.1            We reserve the right, in Our sole discretion, to subcontract all or part of work. All subcontracted work shall be carried out in accordance with, and subject to, these terms and conditions.

19.0            NOTIFICATION OF ADDRESS

19.1            While Your property is in storage and under Our care, You will keep Us informed of Your current address. Notification of change of address will not be effective unless You inform Us in writing and We acknowledge in writing that We have received it. We will make this acknowledgment promptly. All correspondence and notices will be PRESUMED to have been received by you 7 days after We posted it to the last address You reported to MOVER.

20.0            STORAGE CONTRACTS

20.1            Charges agreed upon for storage of property shall be set forth and established in writing prior to the acceptance of Property for storage by Us. We reserve the right, subject to these provisions, to change or amend storage charges and the terms of such storage, from time to time. In the event of such changes or amendments, We shall deliver written notice of change or amendment not less than 45 days prior to implementation of such new terms and conditions. No changes or amendments shall be effective or apply less than 45 calendar days from the date of such written notice. Continued storage of Your property with Us thereafter shall constitute acceptance and adoption of any such new terms or conditions, charges or rates.

20.2            All storage charges will be invoiced and are payable one (1) month in advance. If You remove the goods from storage before the expiration of the prepaid period, We will credit Your account for the unexpired portion of the period for which We have billed you, but not for unexpired periods of less than one complete week. All accrued charges must be paid before goods are released from storage. See Paragraphs 15 and 16 with respect to Our rights to withhold or dispose of your property pending payment of Our accrued fees and charges.

20.3            You are entitled to terminate the storage contract by giving us written notice not less than fourteen (14) calendar days before the effective date of such cancellation. We reserve the right to charge for the full 14-day period of notice. Subject to the terms and conditions in this document and the timely payment of accrued charges, costs and expenses by Client, We shall not terminate any storage contract upon less than thirty (30) day’s notice.

20.4            We are entitled to make a separate charge for stowing or un-stowing of Your property while in storage including the initial and final movement into and out of store and, if You do not use us for delivery or collection of Your property to or from the warehouse, we shall make a charge for receiving or delivering it to Your designee.

21.0            MANDATORY ARBITRATION

                                        21.1            Any dispute between MOVER and the Client shall be submitted to mandatory arbitration with the American Arbitration Association in the jurisdiction in which the goods which are the subject of the dispute are or were stored.

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22.0            SEVERABILITY

                                        22.1            The provisions of this Agreement are severable, and if any provision of this Agreement is found to be unenforceable, such provision may be severed or modified and all other provisions shall remain fully valid and enforceable.

23.0      CONTACT

23.1            Any inquiries, concerns, complaints or questions that shipper may have can be addressed by calling: 305 655 2223 during the hours of 9:00am – 4pm, Monday – Friday. Shipper is responsible for the cost of the call.

TERMS AND CONDITIONS FOR AIR SEA PACKING DC LLC.

BY ACCEPTING CONTRACTOR’S SERVICES, YOU EXPRESSLY AGREE TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Definitions: Whenever the term “Client”, “Shipper”, “You” or “Your” appears herein, it shall refer to the person, entity, or company contracting for services or work by CONTRACTOR, including any agents, employees or assigns. Whenever the term “CONTRACTOR”, “We,” “Our” or “Us” appears herein it shall refer to Air Sea Packing DC LLC. as the entity supplying or performing Service(s).

PLEASE NOTE THAT ALL WORK OR SERVICES OF ANY NATURE OR KIND WHATSOEVER PERFORMED BY OR ON BEHALF OF CONTRACTOR ARE AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN UNLESS SUCH TERM OR CONDITION IS EXPRESSLY WAIVED IN WRITING BY CONTRACTOR OR AN AUTHORIZED AGENT THEREOF. 

It is agreed among the parties involved that the conditions of contract of carriage for this shipment are governed by AirSea’s tariffs, available for inspection at AirSea’s Offices which are hereby incorporated into this contract, and a copy of which will be supplied  upon request. 

PLEASE ALSO NOTE THAT THESE TERMS AND CONDITIONS MAY LIMIT THE SCOPE OF DUTIES, LIABILITIES OR OBLIGATIONS WHICH CONTRACTOR MAY ASSUME OR UNDERTAKE ABSENT SEPARATE WRITTEN AGREEMENTS. PARTICULAR ATTENTION SHOULD BE PAID TO THE LIMITATIONS CONTAINED IN THESE TERMS AND CONDITIONS.

1.0              ESTIMATES

1.1              The estimated price for CONTRACTOR’s Service(s) set forth in Our written proposal does not include Customs duties or any other fees payable to national or local government bodies. Such charges and fees cannot be anticipated in full and if paid or advanced by CONTRACTOR, such charges will be passed on to You in addition to CONTRACTOR’s charges for Service(s).

1.2              CONTRACTOR reserves the right to amend, alter and/or increase the estimated price set forth in its written proposal under the following conditions:

1. You do not accept the written proposal within fourteen (14) calendar days of issuance.
2. As a consequence of Your acts or omissions, CONTRACTOR is not able to complete the Service(s) set forth in the written proposal within ninety (90) days of the date of the Proposal.
3. Increase in CONTRACTOR’s costs due to fluctuation in currency exchange rates from the rates in effect as of the date of the written proposal; changes in taxation rates or changes in third party freight charges beyond Our control.
4. Any additional Service(s) requested by You and not specifically itemized in the Proposal.
5. Delay caused by any Force Majeure.
6. Additional time or costs incurred as a consequence of site conditions which are not disclosed by You at the time of the proposal including but not limited to adequacy and availability of stairs, lifts, doorways, access points, streets, loading and unloading sites etc.
7. Any additional costs or expenses incurred as a result of the imposition of parking or standing fees or charges imposed upon CONTRACTOR in the performance of its Service(s).
8. Please take notice that if you do not elect for the additional coverage, there will be no coverage for loss or damage to your property beyond the insurance coverage disclosed in 11.1 below. If you accept offer of coverage under the Air Sea policy, such coverage will be subject to the terms and conditions of this policy of insurance.

2.0              INVENTORY:                 CONTRACTOR has provided to You an inventory of all goods being stored and/or transported by Us under this Agreement. The inventory provided to You shall be CONCLUSIVELY PRESUMED to be a complete and accurate list of property received by CONTRACTOR unless, within three (3) days of receiving the inventory, You notify Us in writing of any error/omission.

3.0              CLIENT’S RESPONSIBILITIES DURING PROPERTY REMOVAL

3.1              To the extent CONTRACTOR’s Service(s) include removal of property from any location, the following shall be Your sole obligation and responsibility and CONTRACTOR assumes no responsibilities, liabilities or obligations in connection therewith and shall not be responsible for any loss, damage, delay or injury resulting from these matters:

1. You shall ensure that no property not intended for Service(s) by CONTRACTOR is removed from the premises and no property that is intended for Service(s) by CONTRACTOR is left behind at the premises from which property is being removed.
2. You shall obtain at Your sole cost and expense all documents, permissions, permits, or approvals necessary for the performance of the requested Service(s) by CONTRACTOR.
3. You shall be solely responsible for the security of Your property at the premises from which any property is being removed and at any destination point to which CONTRACTOR is contracted to deliver such property. You or Your authorized representative must be present at the time of any delivery and throughout the delivery process until completed. CONTRACTOR assumes no responsibility or liability for loss, theft or damage resulting from any lack of security at any pickup or delivery premises.
4. You shall be solely responsible for the proper and adequate preparation and stabilization of all electrical or electronic appliances and equipment including, but not limited to audio equipment, computer equipment etc., prior to removal of same from any premises by CONTRACTOR. CONTRACTOR shall not be liable for damage, loss, or injury to any such equipment resulting from movement, shaking, vibration or insufficient preparation by Client. Under no circumstances shall CONTRACTOR be liable for loss or damage to any software or data arising from any Service(s) supplied by CONTRACTOR.
5. You shall make any necessary arrangements and payment for any necessary parking facilities which may be required by CONTRACTOR to perform its Service(s). You are solely responsible for assuring appropriate and adequate physical access to Your premises to permit ingress and egress of CONTRACTOR vehicles.

4.0              CLIENT’S REPRESENTATIONS

4.1              By executing the contract for Service(s) with CONTRACTOR, You hereby represent and warrant that all goods, materials, property, merchandise, articles or items for which You have requested Service(s) from CONTRACTOR are solely the chattel property of Client and that Client possesses all necessary and legal rights and title in same to effect this contract.

4.2              You hereby represent and warrant that no property, goods, materials, merchandise, articles or items for which You are requesting Service(s) from CONTRACTOR are dangerous, hazardous or constitute illegal contraband under the laws of any country or state from, through or to which CONTRACTOR may be contracted to transport such items.

4.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, fines, penalties suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy or validity of the representations and warranties in Paragraphs 4.1 and 4.2.

5.0              CUSTOMS DOCUMENTATION

5.1              It is the responsibility and obligation of Client to ensure the accuracy of any description of goods, articles, merchandise or property being transported internationally by CONTRACTOR and to assure that all local legal requirements for export or import, customs declarations and documentation are accurate, adequate and complete. This obligation shall apply to property and goods transported by Us as well as any property or goods shipped by Client directly for which CONTRACTOR has been retained to clear Customs inspection.

5.2              Subject to Client’s obligations in Paragraph 5.1, CONTRACTOR will present and process Your prepared customs documentation to appropriate officials and agencies as necessary to effect transportation of such property.

5.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, penalties, suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy, sufficiency or validity of any customs documentation prepared by You and proffered in good faith by CONTRACTOR in the transportation of Your property.

5.4              CONTRACTOR shall not be liable or responsible for any loss, damage, delay, cost, penalty or other expense of any nature whatsoever, occasioned by or arising out of any inaccuracy, insufficiency, invalidity or inadequacy of any customs documentation prepared by Client.

6.0              PACKING

6.1              If indicated on the contract for service(s), We shall pack items for storage or for carriage by land, sea or air. The choice of materials used in the packing of such items shall be at Our sole discretion.

6.2              You shall have the obligation to inform CONTRACTOR of any special packing requirements, particular faults or fragility of which You are aware and which would affect the manner and method utilized by CONTRACTOR to pack Your property.  CONTRACTOR shall not be responsible or liable for any loss or damage occasioned by Your failure to so notify CONTRACTOR.

7.0              EXCLUDED SERVICES

7.1              Unless set forth in writing on the contract for Service(s), CONTRACTOR will not:

1. Dismantle, disassemble, assemble or reassemble products composed of medium density fiberboard (MDF); chipboard or unit furniture (flat-pack type assemblies).
2. Disconnect or reconnect any appliances from or to any service, utility, fitting, or other equipment. This includes, but is not limited to, computer equipment, electronics, kitchen large or small appliances, audio equipment etc.
3. Remove or place fitted floor coverings.
4. Hang or fit curtains, blinds or other window coverings, pictures, artwork, or other wall hung items.
5. Move or transport night storage heaters (unless dismantled by others), safes, or any article weight greater than

550 pound (250 Kg).

8. Move, transport, or store any items specifically excluded from Our Service(s) under Paragraph 8.0 below.

7.2              CONTRACTOR shall not be responsible, and You agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by CONTRACTOR unless such Service(s) are specifically referenced and agreed to in writing in the contract for Service(s).  You further agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by any independent contractor, staff or employee of Client.

8.0              EXCLUDED PROPERTY/GOODS

8.1              THIS PROVISION LIMITS OUR LIABILITY.  PLEASE READ IT CAREFULLY. CONTRACTOR accepts no responsibility, liability or obligations for loss, damage or injury to any of the following classes/types of articles or goods which may occur in the course of packing (if applicable), moving, transportation, loading, unloading, storing or shipping regardless of cause:

1. Jewelry, watches, precious stones, money, deeds, securities, tickets, stamps, coins, or similar collections.
2.                  Potentially dangerous, damaging, or explosive items or any hazardous materials.
3. Goods, property, or products likely to encourage vermin or other pests or to cause infection.
4.                  Refrigerated or frozen food or drink.
5.                  Any animals, including pets, birds or fish, and their cages or tank.
6.                   Plants or other growing things may be removed at Our discretion but not stored.
7. Computer, telecommunications or other electronic equipment and any data or software stored in them.

9.0              RIGHT TO INSPECT

9.1              In the interests of health, safety and security, We reserve the right to open or inspect any packages, boxes and/or goods and to properly and immediately dispose of any materials, goods, or objects which pose a risk or threat to the health, safety, welfare or security of Our personnel or third parties or which we reasonably and in good faith believe pose a threat to health, safety welfare or security of Our personnel or third parties.

9.2              You agree to waive any claim and to hold Us harmless from and against any loss, damage, cost or expense associated with the disposition of such materials goods or packages. Without limiting such waiver, in the event the products, materials, packages, boxes or goods do not represent an immediate threat to health, safety or welfare of Our personnel or third parties in the sole opinion of CONTRACTOR, We will make a reasonable good faith effort to contact You to arrange for removal of such items from Our possession, custody and control.

10.0            PAYMENT TO CONTRACTOR

10.1            Unless expressly agreed in writing, all costs, charges, duties, reimbursements, fees and all other charges are due and payable immediately upon receipt of invoice, and all payments for storage costs and any other accrued charges, must be paid in full before property is released or delivered from storage.

10.2            All invoiced charges not paid within thirty (30) days of invoicing shall accrue interest at the rate of 1.5% per month or portion thereof upon any outstanding balance. All charges are payable in U.S. Dollars by check, bank draft, certified check, cashier’s check, U.S. Money Order or Electronic wire transfer drawn upon a U.S. banking institution. Cash may be received in payment only at CONTRACTOR offices in person. CONTRACTOR reserves the right to decline or to make additional charge for accepting payment by other means in Our discretion.

10.3            Unless CONTRACTOR has expressly agreed to accept payment upon other terms, payment of the estimated charges for CONTRACTOR’s Service(s) must be received prior to commencement of Service(s). Failure to pay the estimated costs of Services as specified, may constitute ground for cancellation of the Contract and denial of Service(s). CONTRACTOR shall not be liable or responsible for any cost, expense, damage, or injury arising out of denial of Service(s) due to the failure of Consumer to effect timely payment.

11.0            LIABILITIES FOR LOSS OR DAMAGE | INSURANCE

11.1            THE FOLLOWING PROVISIONS AFFECT AND LIMIT OUR LIABILITY TO YOU FOR LOSS OR DAMAGE. PLEASE READ THESE PROVISIONS CAREFULLY. CONTRACTOR’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $0.66 per pound, per piece, of cargo lost, damaged, misdelivered, or otherwise adversely affected, but in no event shall exceed the actual invoice value of the goods. This limitation is subject to provisions as published in CONTRACTOR’s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.66 per pound, per piece, shall be subject to an excess valuation insurance charge. SHIPPER may elect a higher rate of coverage by declaring a value for the cargo in excess of $0.66 per pound on the contract or bill of lading. We shall not be liable in any event for any special or consequential damages including but not limited to loss of profits, income, utility or market value whether or not We had knowledge that such damage might be incurred. This limit shall apply even if the lost or damaged article forms part of a pair or set or had exceptional or antique value before it was lost or damaged. For items that are damaged, we reserve the right to pay for the repair or replacement of the item at Our sole discretion. We shall not be liable for any loss or damage, cost, expense or injury resulting from:

1. Fire, loss or damage while Your property is in storage and not under Our control.
2. Moth, vermin or similar infestation or inherent vice or defect of any property.
3. Cleaning, repairing or restoring of any property unless separately contracted.
4. War, invasion, acts of foreign enemies, hostilities (war declared or not), civil war, rebellion, military coup, terrorism, force majeure or act of God.
5. Wear and tear, leakage or evaporation, atmospheric or climatic changes.
6. Death, injury, sickness or disease arising from the removal or warehousing of any frozen food or drink. Frozen goods are only moved at Your sole risk.
7. Any consequential loss or damages of any kind, including loss of profit or anticipated profits, emotional damages, loss of prospective advantage etc..
8. Items which are brittle or have an inherent defect or which have been previously broken and repaired, deep freezers, clockwork, electronic or motor-driven goods (unless there is external evidence of impact damage resulting from Our handling), sensitive equipment, MDF or self-assembly furniture that is dismantled and/or reassembled regardless of who built it originally, or which is unsuitable for transportation, or surfaces coated in polyester lacquer or which have been refined or restored less than 1 year before the Work.
9. Any goods, which are not both packed and unpacked by Us.
10. Property that is left by You inside cupboards or other furniture during pickup transportation, storage or delivery.
11. Food, animals, plants or other living things.
12. Fixtures, fittings, property or goods to which damage is unavoidable due to conditions of access to any premises from which such property is retrieved or to which it is delivered.
13. Delivery of any property or goods to Our possession via third party carrier (e.g. courier/commercial post carrier etc.).
14. Any class of property, goods or articles referred to in Paragraph 8.
15. Computer software or data. We strongly advise you to back up all valuable data or information prior to packing or transportation of such equipment.
16. Items collected from or delivered to premises which are unattended or unoccupied by You or Your authorized agent.
17. Items removed or left behind in error (see Paragraph 3.1(a))
18. Items removed by others.

11.2            You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against all liabilities, losses, damage, costs and/or expenses of whatever nature which may result from Us acting on Your instructions or arising from any breach by You of any warranty or condition contained in these Terms and Conditions or from Your negligence whether or not in combination with others and excepting therefrom only such losses or claims which arise from the sole negligence of CONTRACTOR.

11.3            If any claim is made against Us by anyone other than You/Your agent arising out of or in connection with any Service(s) provided by Us, You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against any charges, expenses, damages or penalties claimed against us except in the case where We are found to have been negligent in a court of competent jurisdiction.

11.4            Liability of the CONTRACTOR and insurance company for loss or damage shall be subject to Shipper’s compliance with these terms and conditions.

12.0            DELAYS IN TRANSIT

12.1            In the event of delay in the transportation of Your property beyond a reasonable time after the schedule provided in Our agreement with You, and such delay is reasonably within Our control, We will pay Your reasonable expenses resulting from such avoidable delay up to a maximum of $100.00.

12.2            If through no fault of CONTRACTOR, We are unable to deliver goods as originally scheduled, We will deliver such goods into storage. Such delivery shall be conclusively deemed full delivery of such goods as originally contracted. Thereafter, any additional service(s), including storage and delivery from storage, shall incur additional charges in accordance with Our regular schedule of fees and charges.

13.0            DAMAGE TO PREMISES

13.1            We shall not be liable for any damage to any premises from which We retrieve Your property or to which such property or goods are delivered which is not the direct result of gross negligence on the part of CONTRACTOR. In the event such damage is caused by Our sole negligence, Our liability shall be limited to a maximum of $50.00 in the aggregate for all such damage unless You have specifically included, in Your written contract with Us, that You wish Us to arrange Property Damage Insurance.

13.2            Any damage to premises must be noted in writing on the collection or delivery note. Failure to note any damage to premises on the collection or delivery documents at the time of collection or delivery shall constitute a waiver of any rights or claims to damage to the premises.

14.0            TIME LIMITS FOR CLAIMS

14.1            Any claim for any form of damage, loss, injury, deterioration and any other claims arising from any Service(s) performed by CONTRACTOR whatsoever, shall be barred and deemed waived unless notice of loss and/or damage shall have been received by Us in writing AND:

1. If You or Your agent collect property from Our premises, to which any damage or loss is claimed from Us, We will not be liable for any loss or damage unless We are notified in writing at the time such property is removed from Our custody or control.
2. If We deliver goods to a premises, any damage or loss must be recorded in writing on the signed delivery documents and in no event later than 48 hours after delivery.
3. If We ship goods overseas, any damage or loss must be recorded in writing on the release documents and in no event later than 48 hours after release from Customs.

14.2            Any claim or demand for arbitration shall be commenced against Us within no more than one (1) year from the date set forth in either subsection a or b of this section regardless of any state or jurisdictional statute of limitations or similar statute of repose that may apply to such claims. Failure to commence an action or proceeding within the time limits prescribed by this section shall constitute a waiver of all such claims.

15.0            OUR RIGHT OF LIEN

15.1            CONTRACTOR claims a lien upon any property in its possession, custody or control to ensure payment of its accrued fees, charges and expenses. Subject to applicable law, We have a legal right to withhold or ultimately dispose of some or all of any property left in storage or in Our possession, to satisfy any outstanding charges and other payments due under this contract. These include any charges that We have paid on Your behalf. While We hold Your property, even if that is due to Your failure or refusal to pay accrued and outstanding charges, You will be liable to pay all storage charges and all other costs incurred in holding Your goods and property and these terms and conditions will continue to apply. All such accrued storage fees and charges may be added to any existing balance to be satisfied by the sale or disposition of any goods left in Our possession.  See page 1 of this Agreement regarding Your rights to pursue arbitration of disputes through the Better Business Bureau. 

16.0            OUR RIGHT TO SELL PROPERTY

16.1            Subject to Your right to commence an arbitration with the Better Business Bureau to challenge disputes, if Your account is not paid, We are entitled to give you 28 day’s notice to remove Your goods from Our custody and pay all money due to Us. If You do not make this payment, We are entitled to sell or dispose of some or all of Your property without further notice. If in Our reasonable opinion or the opinion of a competent adviser any item is of no resale value or the costs of sale would exceed the likely proceeds, We are entitled to dispose of the property as, in Our sole discretion, may be appropriate. If We sell Your goods We will make good faith reasonable efforts to sell them at a fair market price. However, We shall have no liability of any kind whatsoever if such sale does not realize any particular or anticipated value. We are entitled to make a charge for valuation, administration, delivery and all other costs, expenses and work incurred in the course of such sale proceedings as well as storage fees involved in sale or disposal of the Property. All such additional charges will be added to Client’s account.  Any proceeds of such sale will be credited to Your account. In the event any sale proceeds exceed the account balance, such surplus will be paid to You within thirty (30) days of the completion of the sale without interest.

17.0            CHOICE OF LAW

17.1            The validity, construction, enforceability and performance of this contract shall be governed in all respects by the substantive law of the State of New York, without regard to contrary principles of conflicts of laws.

18.0            OUR RIGHT TO SUBCONTRACT THE WORK

18.1            We reserve the right, in Our sole discretion, to subcontract all or part of work. All subcontracted work shall be carried out in accordance with, and subject to, these terms and conditions.

19.0            NOTIFICATION OF ADDRESS

19.1            While Your property is in storage and under Our care, You will keep Us informed of Your current address. Notification of change of address will not be effective unless You inform Us in writing and We acknowledge in writing that We have received it. We will make this acknowledgment promptly. All correspondence and notices will be PRESUMED to have been received by you 7 days after We posted it to the last address You reported to CONTRACTOR.

20.0            STORAGE CONTRACTS

20.1            Charges agreed upon for storage of property shall be set forth and established in writing prior to the acceptance of Property for storage by Us. We reserve the right, subject to these provisions, to change or amend storage charges and the terms of such storage, from time to time. In the event of such changes or amendments, We shall deliver written notice of change or amendment not less than 45 days prior to implementation of such new terms and conditions. No changes or amendments shall be effective or apply less than 45 calendar days from the date of such written notice. Continued storage of Your property with Us thereafter shall constitute acceptance and adoption of any such new terms or conditions, charges or rates.

20.2            All storage charges will be invoiced and are payable one (1) month in advance. If You remove the goods from storage before the expiration of the prepaid period, We will credit Your account for the unexpired portion of the period for which We have billed you, but not for unexpired periods of less than one complete week. All accrued charges must be paid before goods are released from storage. See Paragraphs 15 and 16 with respect to Our rights to withhold or dispose of your property pending payment of Our accrued fees and charges.

20.3            You are entitled to terminate the storage contract by giving us written notice not less than fourteen (14) calendar days before the effective date of such cancellation. We reserve the right to charge for the full 14-day period of notice. Subject to the terms and conditions in this document and the timely payment of accrued charges, costs and expenses by Client, We shall not terminate any storage contract upon less than thirty (30) day’s notice.

20.4            We are entitled to make a separate charge for stowing or unstowing of Your property while in storage including the initial and final movement into and out of store and, if You do not use us for delivery or collection of Your property to or from the warehouse, we shall make a charge for receiving or delivering it to Your designee.

21.0            MANDATORY ARBITRATION

                                        21.1            Any dispute between Contractor and the Client shall be submitted to mandatory arbitration with the American Arbitration Association in the jurisdiction in which the goods which are the subject of the dispute are or were stored.  Notwithstanding the foregoing, at Your option, we will submit to final and binding arbitration in accordance with the arbitration rules of the Better Business Bureau of Metropolitan New York, Inc. for any dispute that arises out of: (a) Contractor’s Intended sale of Your goods for non-payment and (b) any other dispute involving Your goods where the amount In controversy Is between $100 and $2,500. For information about arbitration, call the Better Business Bureau at 212.533.6200 or write to the Better Business Bureau at 257 Park Avenue, New York, New York 10010 (Attn: Arbitration).

22.0            SEVERABILITY

                                        22.1            The provisions of this Agreement are severable, and if any provision of this Agreement is found to be unenforceable, such provision may be severed or modified and all other provisions shall remain fully valid and enforceable.

TERMS AND CONDITIONS FOR AIR-SEA PACKING GROUP INC.

BY ACCEPTING CONTRACTOR’S SERVICES, YOU EXPRESSLY AGREE TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Definitions: Whenever the term “Client”, “Shipper”, “You” or “Your” appears herein, it shall refer to the person, entity, or company contracting for services or work by CONTRACTOR, including any agents, employees or assigns. Whenever the term “CONTRACTOR”, “We,” “Our” or “Us” appears herein it shall refer to Air-Sea Packing Group Inc. as the entity supplying or performing Service(s).

PLEASE NOTE THAT ALL WORK OR SERVICES OF ANY NATURE OR KIND WHATSOEVER PERFORMED BY OR ON BEHALF OF CONTRACTOR ARE AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN UNLESS SUCH TERM OR CONDITION IS EXPRESSLY WAIVED IN WRITING BY CONTRACTOR OR AN AUTHORIZED AGENT THEREOF. 

It is agreed among the parties involved that the conditions of contract of carriage for this shipment are governed by AirSea’s tariffs, available for inspection at AirSea’s Offices which are hereby incorporated into this contract, and a copy of which will be supplied  upon request. 

PLEASE ALSO NOTE THAT THESE TERMS AND CONDITIONS MAY LIMIT THE SCOPE OF DUTIES, LIABILITIES OR OBLIGATIONS WHICH CONTRACTOR MAY ASSUME OR UNDERTAKE ABSENT SEPARATE WRITTEN AGREEMENTS. PARTICULAR ATTENTION SHOULD BE PAID TO THE LIMITATIONS CONTAINED IN THESE TERMS AND CONDITIONS.

1.0              ESTIMATES

1.1              The estimated price for CONTRACTOR’s Service(s) set forth in Our written proposal does not include Customs duties or any other fees payable to national or local government bodies. Such charges and fees cannot be anticipated in full and if paid or advanced by CONTRACTOR, such charges will be passed on to You in addition to CONTRACTOR’s charges for Service(s).

1.2              CONTRACTOR reserves the right to amend, alter and/or increase the estimated price set forth in its written proposal under the following conditions:

1. You do not accept the written proposal within fourteen (14) calendar days of issuance.
2. As a consequence of Your acts or omissions, CONTRACTOR is not able to complete the Service(s) set forth in the written proposal within ninety (90) days of the date of the Proposal.
3. Increase in CONTRACTOR’s costs due to fluctuation in currency exchange rates from the rates in effect as of the date of the written proposal; changes in taxation rates or changes in third party freight charges beyond Our control.
4. Any additional Service(s) requested by You and not specifically itemized in the Proposal.
5. Delay caused by any Force Majeure.
6. Additional time or costs incurred as a consequence of site conditions which are not disclosed by You at the time of the proposal including but not limited to adequacy and availability of stairs, lifts, doorways, access points, streets, loading and unloading sites etc.
7. Any additional costs or expenses incurred as a result of the imposition of parking or standing fees or charges imposed upon CONTRACTOR in the performance of its Service(s).
8. Please take notice that if you do not elect for the additional coverage, there will be no coverage for loss or damage to your property beyond the insurance coverage disclosed in 11.1 below. If you accept offer of coverage under the Air Sea policy, such coverage will be subject to the terms and conditions of this policy of insurance.

2.0              INVENTORY:                 CONTRACTOR has provided to You an inventory of all goods being stored and/or transported by Us under this Agreement. The inventory provided to You shall be CONCLUSIVELY PRESUMED to be a complete and accurate list of property received by CONTRACTOR unless, within three (3) days of receiving the inventory, You notify Us in writing of any error/omission.

3.0              CLIENT’S RESPONSIBILITIES DURING PROPERTY REMOVAL

3.1              To the extent CONTRACTOR’s Service(s) include removal of property from any location, the following shall be Your sole obligation and responsibility and CONTRACTOR assumes no responsibilities, liabilities or obligations in connection therewith and shall not be responsible for any loss, damage, delay or injury resulting from these matters:

1. You shall ensure that no property not intended for Service(s) by CONTRACTOR is removed from the premises and no property that is intended for Service(s) by CONTRACTOR is left behind at the premises from which property is being removed.
2. You shall obtain at Your sole cost and expense all documents, permissions, permits, or approvals necessary for the performance of the requested Service(s) by CONTRACTOR.
3. You shall be solely responsible for the security of Your property at the premises from which any property is being removed and at any destination point to which CONTRACTOR is contracted to deliver such property. You or Your authorized representative must be present at the time of any delivery and throughout the delivery process until completed. CONTRACTOR assumes no responsibility or liability for loss, theft or damage resulting from any lack of security at any pickup or delivery premises.
4. You shall be solely responsible for the proper and adequate preparation and stabilization of all electrical or electronic appliances and equipment including, but not limited to audio equipment, computer equipment etc., prior to removal of same from any premises by CONTRACTOR. CONTRACTOR shall not be liable for damage, loss, or injury to any such equipment resulting from movement, shaking, vibration or insufficient preparation by Client. Under no circumstances shall CONTRACTOR be liable for loss or damage to any software or data arising from any Service(s) supplied by CONTRACTOR.
5. You shall make any necessary arrangements and payment for any necessary parking facilities which may be required by CONTRACTOR to perform its Service(s). You are solely responsible for assuring appropriate and adequate physical access to Your premises to permit ingress and egress of CONTRACTOR vehicles.

4.0              CLIENT’S REPRESENTATIONS

4.1              By executing the contract for Service(s) with CONTRACTOR, You hereby represent and warrant that all goods, materials, property, merchandise, articles or items for which You have requested Service(s) from CONTRACTOR are solely the chattel property of Client and that Client possesses all necessary and legal rights and title in same to effect this contract.

4.2              You hereby represent and warrant that no property, goods, materials, merchandise, articles or items for which You are requesting Service(s) from CONTRACTOR are dangerous, hazardous or constitute illegal contraband under the laws of any country or state from, through or to which CONTRACTOR may be contracted to transport such items.

4.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, fines, penalties suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy or validity of the representations and warranties in Paragraphs 4.1 and 4.2.

5.0              CUSTOMS DOCUMENTATION

5.1              It is the responsibility and obligation of Client to ensure the accuracy of any description of goods, articles, merchandise or property being transported internationally by CONTRACTOR and to assure that all local legal requirements for export or import, customs declarations and documentation are accurate, adequate and complete. This obligation shall apply to property and goods transported by Us as well as any property or goods shipped by Client directly for which CONTRACTOR has been retained to clear Customs inspection.

5.2              Subject to Client’s obligations in Paragraph 5.1, CONTRACTOR will present and process Your prepared customs documentation to appropriate officials and agencies as necessary to effect transportation of such property.

5.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, penalties, suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy, sufficiency or validity of any customs documentation prepared by You and proffered in good faith by CONTRACTOR in the transportation of Your property.

5.4              CONTRACTOR shall not be liable or responsible for any loss, damage, delay, cost, penalty or other expense of any nature whatsoever, occasioned by or arising out of any inaccuracy, insufficiency, invalidity or inadequacy of any customs documentation prepared by Client.

6.0              PACKING

6.1              If indicated on the contract for service(s), We shall pack items for storage or for carriage by land, sea or air. The choice of materials used in the packing of such items shall be at Our sole discretion.

6.2              You shall have the obligation to inform CONTRACTOR of any special packing requirements, particular faults or fragility of which You are aware and which would affect the manner and method utilized by CONTRACTOR to pack Your property.  CONTRACTOR shall not be responsible or liable for any loss or damage occasioned by Your failure to so notify CONTRACTOR.

7.0              EXCLUDED SERVICES

7.1              Unless set forth in writing on the contract for Service(s), CONTRACTOR will not:

1. Dismantle, disassemble, assemble or reassemble products composed of medium density fiberboard (MDF); chipboard or unit furniture (flat-pack type assemblies).
2. Disconnect or reconnect any appliances from or to any service, utility, fitting, or other equipment. This includes, but is not limited to, computer equipment, electronics, kitchen large or small appliances, audio equipment etc.
3. Remove or place fitted floor coverings.
4. Hang or fit curtains, blinds or other window coverings, pictures, artwork, or other wall hung items.
5. Move or transport night storage heaters (unless dismantled by others), safes, or any article weight greater than

550 pound (250 Kg).

8. Move, transport, or store any items specifically excluded from Our Service(s) under Paragraph 8.0 below.

7.2              CONTRACTOR shall not be responsible, and You agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by CONTRACTOR unless such Service(s) are specifically referenced and agreed to in writing in the contract for Service(s).  You further agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by any independent contractor, staff or employee of Client.

8.0              EXCLUDED PROPERTY/GOODS

8.1              THIS PROVISION LIMITS OUR LIABILITY.  PLEASE READ IT CAREFULLY. CONTRACTOR accepts no responsibility, liability or obligations for loss, damage or injury to any of the following classes/types of articles or goods which may occur in the course of packing (if applicable), moving, transportation, loading, unloading, storing or shipping regardless of cause:

1. Jewelry, watches, precious stones, money, deeds, securities, tickets, stamps, coins, or similar collections.
2.                  Potentially dangerous, damaging, or explosive items or any hazardous materials.
3. Goods, property, or products likely to encourage vermin or other pests or to cause infection.
4.                  Refrigerated or frozen food or drink.
5.                  Any animals, including pets, birds or fish, and their cages or tank.
6.                   Plants or other growing things may be removed at Our discretion but not stored.
7. Computer, telecommunications or other electronic equipment and any data or software stored in them.

9.0              RIGHT TO INSPECT

9.1              In the interests of health, safety and security, We reserve the right to open or inspect any packages, boxes and/or goods and to properly and immediately dispose of any materials, goods, or objects which pose a risk or threat to the health, safety, welfare or security of Our personnel or third parties or which we reasonably and in good faith believe pose a threat to health, safety welfare or security of Our personnel or third parties.

9.2              You agree to waive any claim and to hold Us harmless from and against any loss, damage, cost or expense associated with the disposition of such materials goods or packages. Without limiting such waiver, in the event the products, materials, packages, boxes or goods do not represent an immediate threat to health, safety or welfare of Our personnel or third parties in the sole opinion of CONTRACTOR, We will make a reasonable good faith effort to contact You to arrange for removal of such items from Our possession, custody and control.

10.0            PAYMENT TO CONTRACTOR

10.1            Unless expressly agreed in writing, all costs, charges, duties, reimbursements, fees and all other charges are due and payable immediately upon receipt of invoice, and all payments for storage costs and any other accrued charges, must be paid in full before property is released or delivered from storage.

10.2            All invoiced charges not paid within thirty (30) days of invoicing shall accrue interest at the rate of 1.5% per month or portion thereof upon any outstanding balance. All charges are payable in U.S. Dollars by check, bank draft, certified check, cashier’s check, U.S. Money Order or Electronic wire transfer drawn upon a U.S. banking institution. Cash may be received in payment only at CONTRACTOR offices in person. CONTRACTOR reserves the right to decline or to make additional charge for accepting payment by other means in Our discretion.

10.3            Unless CONTRACTOR has expressly agreed to accept payment upon other terms, payment of the estimated charges for CONTRACTOR’s Service(s) must be received prior to commencement of Service(s). Failure to pay the estimated costs of Services as specified, may constitute ground for cancellation of the Contract and denial of Service(s). CONTRACTOR shall not be liable or responsible for any cost, expense, damage, or injury arising out of denial of Service(s) due to the failure of Consumer to effect timely payment.

11.0            LIABILITIES FOR LOSS OR DAMAGE | INSURANCE

11.1            THE FOLLOWING PROVISIONS AFFECT AND LIMIT OUR LIABILITY TO YOU FOR LOSS OR DAMAGE. PLEASE READ THESE PROVISIONS CAREFULLY. CONTRACTOR’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $0.66 per pound, per piece, of cargo lost, damaged, misdelivered, or otherwise adversely affected, but in no event shall exceed the actual invoice value of the goods. This limitation is subject to provisions as published in CONTRACTOR’s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.66 per pound, per piece, shall be subject to an excess valuation insurance charge. SHIPPER may elect a higher rate of coverage by declaring a value for the cargo in excess of $0.66 per pound on the contract or bill of lading. We shall not be liable in any event for any special or consequential damages including but not limited to loss of profits, income, utility or market value whether or not We had knowledge that such damage might be incurred. This limit shall apply even if the lost or damaged article forms part of a pair or set or had exceptional or antique value before it was lost or damaged. For items that are damaged, we reserve the right to pay for the repair or replacement of the item at Our sole discretion. We shall not be liable for any loss or damage, cost, expense or injury resulting from:

1. Fire, loss or damage while Your property is in storage and not under Our control.
2. Moth, vermin or similar infestation or inherent vice or defect of any property.
3. Cleaning, repairing or restoring of any property unless separately contracted.
4. War, invasion, acts of foreign enemies, hostilities (war declared or not), civil war, rebellion, military coup, terrorism, force majeure or act of God.
5. Wear and tear, leakage or evaporation, atmospheric or climatic changes.
6. Death, injury, sickness or disease arising from the removal or warehousing of any frozen food or drink. Frozen goods are only moved at Your sole risk.
7. Any consequential loss or damages of any kind, including loss of profit or anticipated profits, emotional damages, loss of prospective advantage etc..
8. Items which are brittle or have an inherent defect or which have been previously broken and repaired, deep freezers, clockwork, electronic or motor-driven goods (unless there is external evidence of impact damage resulting from Our handling), sensitive equipment, MDF or self-assembly furniture that is dismantled and/or reassembled regardless of who built it originally, or which is unsuitable for transportation, or surfaces coated in polyester lacquer or which have been refined or restored less than 1 year before the Work.
9. Any goods, which are not both packed and unpacked by Us.
10. Property that is left by You inside cupboards or other furniture during pickup transportation, storage or delivery.
11. Food, animals, plants or other living things.
12. Fixtures, fittings, property or goods to which damage is unavoidable due to conditions of access to any premises from which such property is retrieved or to which it is delivered.
13. Delivery of any property or goods to Our possession via third party carrier (e.g. courier/commercial post carrier etc.).
14. Any class of property, goods or articles referred to in Paragraph 8.
15. Computer software or data. We strongly advise you to back up all valuable data or information prior to packing or transportation of such equipment.
16. Items collected from or delivered to premises which are unattended or unoccupied by You or Your authorized agent.
17. Items removed or left behind in error (see Paragraph 3.1(a))
18. Items removed by others.

11.2            You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against all liabilities, losses, damage, costs and/or expenses of whatever nature which may result from Us acting on Your instructions or arising from any breach by You of any warranty or condition contained in these Terms and Conditions or from Your negligence whether or not in combination with others and excepting therefrom only such losses or claims which arise from the sole negligence of CONTRACTOR.

11.3            If any claim is made against Us by anyone other than You/Your agent arising out of or in connection with any Service(s) provided by Us, You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against any charges, expenses, damages or penalties claimed against us except in the case where We are found to have been negligent in a court of competent jurisdiction.

11.4            Liability of the CONTRACTOR and insurance company for loss or damage shall be subject to Shipper’s compliance with these terms and conditions.

12.0            DELAYS IN TRANSIT

12.1            In the event of delay in the transportation of Your property beyond a reasonable time after the schedule provided in Our agreement with You, and such delay is reasonably within Our control, We will pay Your reasonable expenses resulting from such avoidable delay up to a maximum of $100.00.

12.2            If through no fault of CONTRACTOR, We are unable to deliver goods as originally scheduled, We will deliver such goods into storage. Such delivery shall be conclusively deemed full delivery of such goods as originally contracted. Thereafter, any additional service(s), including storage and delivery from storage, shall incur additional charges in accordance with Our regular schedule of fees and charges.

13.0            DAMAGE TO PREMISES

13.1            We shall not be liable for any damage to any premises from which We retrieve Your property or to which such property or goods are delivered which is not the direct result of gross negligence on the part of CONTRACTOR. In the event such damage is caused by Our sole negligence, Our liability shall be limited to a maximum of $50.00 in the aggregate for all such damage unless You have specifically included, in Your written contract with Us, that You wish Us to arrange Property Damage Insurance.

13.2            Any damage to premises must be noted in writing on the collection or delivery note. Failure to note any damage to premises on the collection or delivery documents at the time of collection or delivery shall constitute a waiver of any rights or claims to damage to the premises.

14.0            TIME LIMITS FOR CLAIMS

14.1            Any claim for any form of damage, loss, injury, deterioration and any other claims arising from any Service(s) performed by CONTRACTOR whatsoever, shall be barred and deemed waived unless notice of loss and/or damage shall have been received by Us in writing AND:

1. If You or Your agent collect property from Our premises, to which any damage or loss is claimed from Us, We will not be liable for any loss or damage unless We are notified in writing at the time such property is removed from Our custody or control.
2. If We deliver goods to a premises, any damage or loss must be recorded in writing on the signed delivery documents and in no event later than 48 hours after delivery.
3. If We ship goods overseas, any damage or loss must be recorded in writing on the release documents and in no event later than 48 hours after release from Customs.

14.2            Any claim or demand for arbitration shall be commenced against Us within no more than one (1) year from the date set forth in either subsection a or b of this section regardless of any state or jurisdictional statute of limitations or similar statute of repose that may apply to such claims. Failure to commence an action or proceeding within the time limits prescribed by this section shall constitute a waiver of all such claims.

15.0            OUR RIGHT OF LIEN

15.1            CONTRACTOR claims a lien upon any property in its possession, custody or control to ensure payment of its accrued fees, charges and expenses. Subject to applicable law, We have a legal right to withhold or ultimately dispose of some or all of any property left in storage or in Our possession, to satisfy any outstanding charges and other payments due under this contract. These include any charges that We have paid on Your behalf. While We hold Your property, even if that is due to Your failure or refusal to pay accrued and outstanding charges, You will be liable to pay all storage charges and all other costs incurred in holding Your goods and property and these terms and conditions will continue to apply. All such accrued storage fees and charges may be added to any existing balance to be satisfied by the sale or disposition of any goods left in Our possession.  See page 1 of this Agreement regarding Your rights to pursue arbitration of disputes through the Better Business Bureau. 

16.0            OUR RIGHT TO SELL PROPERTY

16.1            Subject to Your right to commence an arbitration with the Better Business Bureau to challenge disputes, if Your account is not paid, We are entitled to give you 28 day’s notice to remove Your goods from Our custody and pay all money due to Us. If You do not make this payment, We are entitled to sell or dispose of some or all of Your property without further notice. If in Our reasonable opinion or the opinion of a competent adviser any item is of no resale value or the costs of sale would exceed the likely proceeds, We are entitled to dispose of the property as, in Our sole discretion, may be appropriate. If We sell Your goods We will make good faith reasonable efforts to sell them at a fair market price. However, We shall have no liability of any kind whatsoever if such sale does not realize any particular or anticipated value. We are entitled to make a charge for valuation, administration, delivery and all other costs, expenses and work incurred in the course of such sale proceedings as well as storage fees involved in sale or disposal of the Property. All such additional charges will be added to Client’s account.  Any proceeds of such sale will be credited to Your account. In the event any sale proceeds exceed the account balance, such surplus will be paid to You within thirty (30) days of the completion of the sale without interest.

17.0            CHOICE OF LAW

17.1            The validity, construction, enforceability and performance of this contract shall be governed in all respects by the substantive law of the State of New York, without regard to contrary principles of conflicts of laws.

18.0            OUR RIGHT TO SUBCONTRACT THE WORK

18.1            We reserve the right, in Our sole discretion, to subcontract all or part of work. All subcontracted work shall be carried out in accordance with, and subject to, these terms and conditions.

19.0            NOTIFICATION OF ADDRESS

19.1            While Your property is in storage and under Our care, You will keep Us informed of Your current address. Notification of change of address will not be effective unless You inform Us in writing and We acknowledge in writing that We have received it. We will make this acknowledgment promptly. All correspondence and notices will be PRESUMED to have been received by you 7 days after We posted it to the last address You reported to CONTRACTOR.

20.0            STORAGE CONTRACTS

20.1            Charges agreed upon for storage of property shall be set forth and established in writing prior to the acceptance of Property for storage by Us. We reserve the right, subject to these provisions, to change or amend storage charges and the terms of such storage, from time to time. In the event of such changes or amendments, We shall deliver written notice of change or amendment not less than 45 days prior to implementation of such new terms and conditions. No changes or amendments shall be effective or apply less than 45 calendar days from the date of such written notice. Continued storage of Your property with Us thereafter shall constitute acceptance and adoption of any such new terms or conditions, charges or rates.

20.2            All storage charges will be invoiced and are payable one (1) month in advance. If You remove the goods from storage before the expiration of the prepaid period, We will credit Your account for the unexpired portion of the period for which We have billed you, but not for unexpired periods of less than one complete week. All accrued charges must be paid before goods are released from storage. See Paragraphs 15 and 16 with respect to Our rights to withhold or dispose of your property pending payment of Our accrued fees and charges.

20.3            You are entitled to terminate the storage contract by giving us written notice not less than fourteen (14) calendar days before the effective date of such cancellation. We reserve the right to charge for the full 14-day period of notice. Subject to the terms and conditions in this document and the timely payment of accrued charges, costs and expenses by Client, We shall not terminate any storage contract upon less than thirty (30) day’s notice.

20.4            We are entitled to make a separate charge for stowing or unstowing of Your property while in storage including the initial and final movement into and out of store and, if You do not use us for delivery or collection of Your property to or from the warehouse, we shall make a charge for receiving or delivering it to Your designee.

21.0            MANDATORY ARBITRATION

                                        21.1            Any dispute between Contractor and the Client shall be submitted to mandatory arbitration with the American Arbitration Association in the jurisdiction in which the goods which are the subject of the dispute are or were stored.  Notwithstanding the foregoing, at Your option, we will submit to final and binding arbitration in accordance with the arbitration rules of the Better Business Bureau of Metropolitan New York, Inc. for any dispute that arises out of: (a) Contractor’s Intended sale of Your goods for non-payment and (b) any other dispute involving Your goods where the amount In controversy Is between $100 and $2,500. For information about arbitration, call the Better Business Bureau at 212.533.6200 or write to the Better Business Bureau at 257 Park Avenue, New York, New York 10010 (Attn: Arbitration).

22.0            SEVERABILITY

                                        22.1            The provisions of this Agreement are severable, and if any provision of this Agreement is found to be unenforceable, such provision may be severed or modified and all other provisions shall remain fully valid and enforceable.

TERMS AND CONDITIONS FOR AIR-SEA PACKING GROUP INC.

BY ACCEPTING CONTRACTOR’S SERVICES, YOU EXPRESSLY AGREE TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Definitions: Whenever the term “Client”, “Shipper”, “You” or “Your” appears herein, it shall refer to the person, entity, or company contracting for services or work by CONTRACTOR, including any agents, employees or assigns. Whenever the term “CONTRACTOR”, “We,” “Our” or “Us” appears herein it shall refer to Air-Sea Packing Group Inc. as the entity supplying or performing Service(s).

PLEASE NOTE THAT ALL WORK OR SERVICES OF ANY NATURE OR KIND WHATSOEVER PERFORMED BY OR ON BEHALF OF CONTRACTOR ARE AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN UNLESS SUCH TERM OR CONDITION IS EXPRESSLY WAIVED IN WRITING BY CONTRACTOR OR AN AUTHORIZED AGENT THEREOF. 

It is agreed among the parties involved that the conditions of contract of carriage for this shipment are governed by AirSea’s tariffs, available for inspection at AirSea’s Offices which are hereby incorporated into this contract, and a copy of which will be supplied  upon request. 

PLEASE ALSO NOTE THAT THESE TERMS AND CONDITIONS MAY LIMIT THE SCOPE OF DUTIES, LIABILITIES OR OBLIGATIONS WHICH CONTRACTOR MAY ASSUME OR UNDERTAKE ABSENT SEPARATE WRITTEN AGREEMENTS. PARTICULAR ATTENTION SHOULD BE PAID TO THE LIMITATIONS CONTAINED IN THESE TERMS AND CONDITIONS.

1.0              ESTIMATES

1.1              The estimated price for CONTRACTOR’s Service(s) set forth in Our written proposal does not include Customs duties or any other fees payable to national or local government bodies. Such charges and fees cannot be anticipated in full and if paid or advanced by CONTRACTOR, such charges will be passed on to You in addition to CONTRACTOR’s charges for Service(s).

1.2              CONTRACTOR reserves the right to amend, alter and/or increase the estimated price set forth in its written proposal under the following conditions:

1. You do not accept the written proposal within fourteen (14) calendar days of issuance.
2. As a consequence of Your acts or omissions, CONTRACTOR is not able to complete the Service(s) set forth in the written proposal within ninety (90) days of the date of the Proposal.
3. Increase in CONTRACTOR’s costs due to fluctuation in currency exchange rates from the rates in effect as of the date of the written proposal; changes in taxation rates or changes in third party freight charges beyond Our control.
4. Any additional Service(s) requested by You and not specifically itemized in the Proposal.
5. Delay caused by any Force Majeure.
6. Additional time or costs incurred as a consequence of site conditions which are not disclosed by You at the time of the proposal including but not limited to adequacy and availability of stairs, lifts, doorways, access points, streets, loading and unloading sites etc.
7. Any additional costs or expenses incurred as a result of the imposition of parking or standing fees or charges imposed upon CONTRACTOR in the performance of its Service(s).
8. Please take notice that if you do not elect for the additional coverage, there will be no coverage for loss or damage to your property beyond the insurance coverage disclosed in 11.1 below. If you accept offer of coverage under the Air Sea policy, such coverage will be subject to the terms and conditions of this policy of insurance.

2.0              INVENTORY:                 CONTRACTOR has provided to You an inventory of all goods being stored and/or transported by Us under this Agreement. The inventory provided to You shall be CONCLUSIVELY PRESUMED to be a complete and accurate list of property received by CONTRACTOR unless, within three (3) days of receiving the inventory, You notify Us in writing of any error/omission.

3.0              CLIENT’S RESPONSIBILITIES DURING PROPERTY REMOVAL

3.1              To the extent CONTRACTOR’s Service(s) include removal of property from any location, the following shall be Your sole obligation and responsibility and CONTRACTOR assumes no responsibilities, liabilities or obligations in connection therewith and shall not be responsible for any loss, damage, delay or injury resulting from these matters:

1. You shall ensure that no property not intended for Service(s) by CONTRACTOR is removed from the premises and no property that is intended for Service(s) by CONTRACTOR is left behind at the premises from which property is being removed.
2. You shall obtain at Your sole cost and expense all documents, permissions, permits, or approvals necessary for the performance of the requested Service(s) by CONTRACTOR.
3. You shall be solely responsible for the security of Your property at the premises from which any property is being removed and at any destination point to which CONTRACTOR is contracted to deliver such property. You or Your authorized representative must be present at the time of any delivery and throughout the delivery process until completed. CONTRACTOR assumes no responsibility or liability for loss, theft or damage resulting from any lack of security at any pickup or delivery premises.
4. You shall be solely responsible for the proper and adequate preparation and stabilization of all electrical or electronic appliances and equipment including, but not limited to audio equipment, computer equipment etc., prior to removal of same from any premises by CONTRACTOR. CONTRACTOR shall not be liable for damage, loss, or injury to any such equipment resulting from movement, shaking, vibration or insufficient preparation by Client. Under no circumstances shall CONTRACTOR be liable for loss or damage to any software or data arising from any Service(s) supplied by CONTRACTOR.
5. You shall make any necessary arrangements and payment for any necessary parking facilities which may be required by CONTRACTOR to perform its Service(s). You are solely responsible for assuring appropriate and adequate physical access to Your premises to permit ingress and egress of CONTRACTOR vehicles.

4.0              CLIENT’S REPRESENTATIONS

4.1              By executing the contract for Service(s) with CONTRACTOR, You hereby represent and warrant that all goods, materials, property, merchandise, articles or items for which You have requested Service(s) from CONTRACTOR are solely the chattel property of Client and that Client possesses all necessary and legal rights and title in same to effect this contract.

4.2              You hereby represent and warrant that no property, goods, materials, merchandise, articles or items for which You are requesting Service(s) from CONTRACTOR are dangerous, hazardous or constitute illegal contraband under the laws of any country or state from, through or to which CONTRACTOR may be contracted to transport such items.

4.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, fines, penalties suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy or validity of the representations and warranties in Paragraphs 4.1 and 4.2.

5.0              CUSTOMS DOCUMENTATION

5.1              It is the responsibility and obligation of Client to ensure the accuracy of any description of goods, articles, merchandise or property being transported internationally by CONTRACTOR and to assure that all local legal requirements for export or import, customs declarations and documentation are accurate, adequate and complete. This obligation shall apply to property and goods transported by Us as well as any property or goods shipped by Client directly for which CONTRACTOR has been retained to clear Customs inspection.

5.2              Subject to Client’s obligations in Paragraph 5.1, CONTRACTOR will present and process Your prepared customs documentation to appropriate officials and agencies as necessary to effect transportation of such property.

5.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, penalties, suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy, sufficiency or validity of any customs documentation prepared by You and proffered in good faith by CONTRACTOR in the transportation of Your property.

5.4              CONTRACTOR shall not be liable or responsible for any loss, damage, delay, cost, penalty or other expense of any nature whatsoever, occasioned by or arising out of any inaccuracy, insufficiency, invalidity or inadequacy of any customs documentation prepared by Client.

6.0              PACKING

6.1              If indicated on the contract for service(s), We shall pack items for storage or for carriage by land, sea or air. The choice of materials used in the packing of such items shall be at Our sole discretion.

6.2              You shall have the obligation to inform CONTRACTOR of any special packing requirements, particular faults or fragility of which You are aware and which would affect the manner and method utilized by CONTRACTOR to pack Your property.  CONTRACTOR shall not be responsible or liable for any loss or damage occasioned by Your failure to so notify CONTRACTOR.

7.0              EXCLUDED SERVICES

7.1              Unless set forth in writing on the contract for Service(s), CONTRACTOR will not:

1. Dismantle, disassemble, assemble or reassemble products composed of medium density fiberboard (MDF); chipboard or unit furniture (flat-pack type assemblies).
2. Disconnect or reconnect any appliances from or to any service, utility, fitting, or other equipment. This includes, but is not limited to, computer equipment, electronics, kitchen large or small appliances, audio equipment etc.
3. Remove or place fitted floor coverings.
4. Hang or fit curtains, blinds or other window coverings, pictures, artwork, or other wall hung items.
5. Move or transport night storage heaters (unless dismantled by others), safes, or any article weight greater than

550 pound (250 Kg).

8. Move, transport, or store any items specifically excluded from Our Service(s) under Paragraph 8.0 below.

7.2              CONTRACTOR shall not be responsible, and You agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by CONTRACTOR unless such Service(s) are specifically referenced and agreed to in writing in the contract for Service(s).  You further agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by any independent contractor, staff or employee of Client.

8.0              EXCLUDED PROPERTY/GOODS

8.1              THIS PROVISION LIMITS OUR LIABILITY.  PLEASE READ IT CAREFULLY. CONTRACTOR accepts no responsibility, liability or obligations for loss, damage or injury to any of the following classes/types of articles or goods which may occur in the course of packing (if applicable), moving, transportation, loading, unloading, storing or shipping regardless of cause:

1. Jewelry, watches, precious stones, money, deeds, securities, tickets, stamps, coins, or similar collections.
2.                  Potentially dangerous, damaging, or explosive items or any hazardous materials.
3. Goods, property, or products likely to encourage vermin or other pests or to cause infection.
4.                  Refrigerated or frozen food or drink.
5.                  Any animals, including pets, birds or fish, and their cages or tank.
6.                   Plants or other growing things may be removed at Our discretion but not stored.
7. Computer, telecommunications or other electronic equipment and any data or software stored in them.

9.0              RIGHT TO INSPECT

9.1              In the interests of health, safety and security, We reserve the right to open or inspect any packages, boxes and/or goods and to properly and immediately dispose of any materials, goods, or objects which pose a risk or threat to the health, safety, welfare or security of Our personnel or third parties or which we reasonably and in good faith believe pose a threat to health, safety welfare or security of Our personnel or third parties.

9.2              You agree to waive any claim and to hold Us harmless from and against any loss, damage, cost or expense associated with the disposition of such materials goods or packages. Without limiting such waiver, in the event the products, materials, packages, boxes or goods do not represent an immediate threat to health, safety or welfare of Our personnel or third parties in the sole opinion of CONTRACTOR, We will make a reasonable good faith effort to contact You to arrange for removal of such items from Our possession, custody and control.

10.0            PAYMENT TO CONTRACTOR

10.1            Unless expressly agreed in writing, all costs, charges, duties, reimbursements, fees and all other charges are due and payable immediately upon receipt of invoice, and all payments for storage costs and any other accrued charges, must be paid in full before property is released or delivered from storage.

10.2            All invoiced charges not paid within thirty (30) days of invoicing shall accrue interest at the rate of 1.5% per month or portion thereof upon any outstanding balance. All charges are payable in U.S. Dollars by check, bank draft, certified check, cashier’s check, U.S. Money Order or Electronic wire transfer drawn upon a U.S. banking institution. Cash may be received in payment only at CONTRACTOR offices in person. CONTRACTOR reserves the right to decline or to make additional charge for accepting payment by other means in Our discretion.

10.3            Unless CONTRACTOR has expressly agreed to accept payment upon other terms, payment of the estimated charges for CONTRACTOR’s Service(s) must be received prior to commencement of Service(s). Failure to pay the estimated costs of Services as specified, may constitute ground for cancellation of the Contract and denial of Service(s). CONTRACTOR shall not be liable or responsible for any cost, expense, damage, or injury arising out of denial of Service(s) due to the failure of Consumer to effect timely payment.

11.0            LIABILITIES FOR LOSS OR DAMAGE | INSURANCE

11.1            THE FOLLOWING PROVISIONS AFFECT AND LIMIT OUR LIABILITY TO YOU FOR LOSS OR DAMAGE. PLEASE READ THESE PROVISIONS CAREFULLY. CONTRACTOR’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $0.66 per pound, per piece, of cargo lost, damaged, misdelivered, or otherwise adversely affected, but in no event shall exceed the actual invoice value of the goods. This limitation is subject to provisions as published in CONTRACTOR’s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.66 per pound, per piece, shall be subject to an excess valuation insurance charge. SHIPPER may elect a higher rate of coverage by declaring a value for the cargo in excess of $0.66 per pound on the contract or bill of lading. We shall not be liable in any event for any special or consequential damages including but not limited to loss of profits, income, utility or market value whether or not We had knowledge that such damage might be incurred. This limit shall apply even if the lost or damaged article forms part of a pair or set or had exceptional or antique value before it was lost or damaged. For items that are damaged, we reserve the right to pay for the repair or replacement of the item at Our sole discretion. We shall not be liable for any loss or damage, cost, expense or injury resulting from:

1. Fire, loss or damage while Your property is in storage and not under Our control.
2. Moth, vermin or similar infestation or inherent vice or defect of any property.
3. Cleaning, repairing or restoring of any property unless separately contracted.
4. War, invasion, acts of foreign enemies, hostilities (war declared or not), civil war, rebellion, military coup, terrorism, force majeure or act of God.
5. Wear and tear, leakage or evaporation, atmospheric or climatic changes.
6. Death, injury, sickness or disease arising from the removal or warehousing of any frozen food or drink. Frozen goods are only moved at Your sole risk.
7. Any consequential loss or damages of any kind, including loss of profit or anticipated profits, emotional damages, loss of prospective advantage etc..
8. Items which are brittle or have an inherent defect or which have been previously broken and repaired, deep freezers, clockwork, electronic or motor-driven goods (unless there is external evidence of impact damage resulting from Our handling), sensitive equipment, MDF or self-assembly furniture that is dismantled and/or reassembled regardless of who built it originally, or which is unsuitable for transportation, or surfaces coated in polyester lacquer or which have been refined or restored less than 1 year before the Work.
9. Any goods, which are not both packed and unpacked by Us.
10. Property that is left by You inside cupboards or other furniture during pickup transportation, storage or delivery.
11. Food, animals, plants or other living things.
12. Fixtures, fittings, property or goods to which damage is unavoidable due to conditions of access to any premises from which such property is retrieved or to which it is delivered.
13. Delivery of any property or goods to Our possession via third party carrier (e.g. courier/commercial post carrier etc.).
14. Any class of property, goods or articles referred to in Paragraph 8.
15. Computer software or data. We strongly advise you to back up all valuable data or information prior to packing or transportation of such equipment.
16. Items collected from or delivered to premises which are unattended or unoccupied by You or Your authorized agent.
17. Items removed or left behind in error (see Paragraph 3.1(a))
18. Items removed by others.

11.2            You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against all liabilities, losses, damage, costs and/or expenses of whatever nature which may result from Us acting on Your instructions or arising from any breach by You of any warranty or condition contained in these Terms and Conditions or from Your negligence whether or not in combination with others and excepting therefrom only such losses or claims which arise from the sole negligence of CONTRACTOR.

11.3            If any claim is made against Us by anyone other than You/Your agent arising out of or in connection with any Service(s) provided by Us, You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against any charges, expenses, damages or penalties claimed against us except in the case where We are found to have been negligent in a court of competent jurisdiction.

11.4            Liability of the CONTRACTOR and insurance company for loss or damage shall be subject to Shipper’s compliance with these terms and conditions.

12.0            DELAYS IN TRANSIT

12.1            In the event of delay in the transportation of Your property beyond a reasonable time after the schedule provided in Our agreement with You, and such delay is reasonably within Our control, We will pay Your reasonable expenses resulting from such avoidable delay up to a maximum of $100.00.

12.2            If through no fault of CONTRACTOR, We are unable to deliver goods as originally scheduled, We will deliver such goods into storage. Such delivery shall be conclusively deemed full delivery of such goods as originally contracted. Thereafter, any additional service(s), including storage and delivery from storage, shall incur additional charges in accordance with Our regular schedule of fees and charges.

13.0            DAMAGE TO PREMISES

13.1            We shall not be liable for any damage to any premises from which We retrieve Your property or to which such property or goods are delivered which is not the direct result of gross negligence on the part of CONTRACTOR. In the event such damage is caused by Our sole negligence, Our liability shall be limited to a maximum of $50.00 in the aggregate for all such damage unless You have specifically included, in Your written contract with Us, that You wish Us to arrange Property Damage Insurance.

13.2            Any damage to premises must be noted in writing on the collection or delivery note. Failure to note any damage to premises on the collection or delivery documents at the time of collection or delivery shall constitute a waiver of any rights or claims to damage to the premises.

14.0            TIME LIMITS FOR CLAIMS

14.1            Any claim for any form of damage, loss, injury, deterioration and any other claims arising from any Service(s) performed by CONTRACTOR whatsoever, shall be barred and deemed waived unless notice of loss and/or damage shall have been received by Us in writing AND:

1. If You or Your agent collect property from Our premises, to which any damage or loss is claimed from Us, We will not be liable for any loss or damage unless We are notified in writing at the time such property is removed from Our custody or control.
2. If We deliver goods to a premises, any damage or loss must be recorded in writing on the signed delivery documents and in no event later than 48 hours after delivery.
3. If We ship goods overseas, any damage or loss must be recorded in writing on the release documents and in no event later than 48 hours after release from Customs.

14.2            Any claim or demand for arbitration shall be commenced against Us within no more than one (1) year from the date set forth in either subsection a or b of this section regardless of any state or jurisdictional statute of limitations or similar statute of repose that may apply to such claims. Failure to commence an action or proceeding within the time limits prescribed by this section shall constitute a waiver of all such claims.

15.0            OUR RIGHT OF LIEN

15.1            CONTRACTOR claims a lien upon any property in its possession, custody or control to ensure payment of its accrued fees, charges and expenses. Subject to applicable law, We have a legal right to withhold or ultimately dispose of some or all of any property left in storage or in Our possession, to satisfy any outstanding charges and other payments due under this contract. These include any charges that We have paid on Your behalf. While We hold Your property, even if that is due to Your failure or refusal to pay accrued and outstanding charges, You will be liable to pay all storage charges and all other costs incurred in holding Your goods and property and these terms and conditions will continue to apply. All such accrued storage fees and charges may be added to any existing balance to be satisfied by the sale or disposition of any goods left in Our possession.  See page 1 of this Agreement regarding Your rights to pursue arbitration of disputes through the Better Business Bureau. 

16.0            OUR RIGHT TO SELL PROPERTY

16.1            Subject to Your right to commence an arbitration with the Better Business Bureau to challenge disputes, if Your account is not paid, We are entitled to give you 28 day’s notice to remove Your goods from Our custody and pay all money due to Us. If You do not make this payment, We are entitled to sell or dispose of some or all of Your property without further notice. If in Our reasonable opinion or the opinion of a competent adviser any item is of no resale value or the costs of sale would exceed the likely proceeds, We are entitled to dispose of the property as, in Our sole discretion, may be appropriate. If We sell Your goods We will make good faith reasonable efforts to sell them at a fair market price. However, We shall have no liability of any kind whatsoever if such sale does not realize any particular or anticipated value. We are entitled to make a charge for valuation, administration, delivery and all other costs, expenses and work incurred in the course of such sale proceedings as well as storage fees involved in sale or disposal of the Property. All such additional charges will be added to Client’s account.  Any proceeds of such sale will be credited to Your account. In the event any sale proceeds exceed the account balance, such surplus will be paid to You within thirty (30) days of the completion of the sale without interest.

17.0            CHOICE OF LAW

17.1            The validity, construction, enforceability and performance of this contract shall be governed in all respects by the substantive law of the State of New York, without regard to contrary principles of conflicts of laws.

18.0            OUR RIGHT TO SUBCONTRACT THE WORK

18.1            We reserve the right, in Our sole discretion, to subcontract all or part of work. All subcontracted work shall be carried out in accordance with, and subject to, these terms and conditions.

19.0            NOTIFICATION OF ADDRESS

19.1            While Your property is in storage and under Our care, You will keep Us informed of Your current address. Notification of change of address will not be effective unless You inform Us in writing and We acknowledge in writing that We have received it. We will make this acknowledgment promptly. All correspondence and notices will be PRESUMED to have been received by you 7 days after We posted it to the last address You reported to CONTRACTOR.

20.0            STORAGE CONTRACTS

20.1            Charges agreed upon for storage of property shall be set forth and established in writing prior to the acceptance of Property for storage by Us. We reserve the right, subject to these provisions, to change or amend storage charges and the terms of such storage, from time to time. In the event of such changes or amendments, We shall deliver written notice of change or amendment not less than 45 days prior to implementation of such new terms and conditions. No changes or amendments shall be effective or apply less than 45 calendar days from the date of such written notice. Continued storage of Your property with Us thereafter shall constitute acceptance and adoption of any such new terms or conditions, charges or rates.

20.2            All storage charges will be invoiced and are payable one (1) month in advance. If You remove the goods from storage before the expiration of the prepaid period, We will credit Your account for the unexpired portion of the period for which We have billed you, but not for unexpired periods of less than one complete week. All accrued charges must be paid before goods are released from storage. See Paragraphs 15 and 16 with respect to Our rights to withhold or dispose of your property pending payment of Our accrued fees and charges.

20.3            You are entitled to terminate the storage contract by giving us written notice not less than fourteen (14) calendar days before the effective date of such cancellation. We reserve the right to charge for the full 14-day period of notice. Subject to the terms and conditions in this document and the timely payment of accrued charges, costs and expenses by Client, We shall not terminate any storage contract upon less than thirty (30) day’s notice.

20.4            We are entitled to make a separate charge for stowing or unstowing of Your property while in storage including the initial and final movement into and out of store and, if You do not use us for delivery or collection of Your property to or from the warehouse, we shall make a charge for receiving or delivering it to Your designee.

21.0            MANDATORY ARBITRATION

                                        21.1            Any dispute between Contractor and the Client shall be submitted to mandatory arbitration with the American Arbitration Association in the jurisdiction in which the goods which are the subject of the dispute are or were stored.  Notwithstanding the foregoing, at Your option, we will submit to final and binding arbitration in accordance with the arbitration rules of the Better Business Bureau of Metropolitan New York, Inc. for any dispute that arises out of: (a) Contractor’s Intended sale of Your goods for non-payment and (b) any other dispute involving Your goods where the amount In controversy Is between $100 and $2,500. For information about arbitration, call the Better Business Bureau at 212.533.6200 or write to the Better Business Bureau at 257 Park Avenue, New York, New York 10010 (Attn: Arbitration).

22.0            SEVERABILITY

                                        22.1            The provisions of this Agreement are severable, and if any provision of this Agreement is found to be unenforceable, such provision may be severed or modified and all other provisions shall remain fully valid and enforceable.

TERMS AND CONDITIONS FOR AIR SEA PACKING DALLAS LLC.

BY ACCEPTING CONTRACTOR’S SERVICES, YOU EXPRESSLY AGREE TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Definitions: Whenever the term “Client”, “Shipper”, “You” or “Your” appears herein, it shall refer to the person, entity, or company contracting for services or work by CONTRACTOR, including any agents, employees or assigns. Whenever the term “CONTRACTOR”, “We,” “Our” or “Us” appears herein it shall refer to Air Sea Packing Dallas LLC. as the entity supplying or performing Service(s).

PLEASE NOTE THAT ALL WORK OR SERVICES OF ANY NATURE OR KIND WHATSOEVER PERFORMED BY OR ON BEHALF OF CONTRACTOR ARE AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN UNLESS SUCH TERM OR CONDITION IS EXPRESSLY WAIVED IN WRITING BY CONTRACTOR OR AN AUTHORIZED AGENT THEREOF. 

It is agreed among the parties involved that the conditions of contract of carriage for this shipment are governed by AirSea’s tariffs, available for inspection at AirSea’s Offices which are hereby incorporated into this contract, and a copy of which will be supplied  upon request. 

PLEASE ALSO NOTE THAT THESE TERMS AND CONDITIONS MAY LIMIT THE SCOPE OF DUTIES, LIABILITIES OR OBLIGATIONS WHICH CONTRACTOR MAY ASSUME OR UNDERTAKE ABSENT SEPARATE WRITTEN AGREEMENTS. PARTICULAR ATTENTION SHOULD BE PAID TO THE LIMITATIONS CONTAINED IN THESE TERMS AND CONDITIONS.

1.0              ESTIMATES

1.1              The estimated price for CONTRACTOR’s Service(s) set forth in Our written proposal does not include Customs duties or any other fees payable to national or local government bodies. Such charges and fees cannot be anticipated in full and if paid or advanced by CONTRACTOR, such charges will be passed on to You in addition to CONTRACTOR’s charges for Service(s).

1.2              CONTRACTOR reserves the right to amend, alter and/or increase the estimated price set forth in its written proposal under the following conditions:

1. You do not accept the written proposal within fourteen (14) calendar days of issuance.
2. As a consequence of Your acts or omissions, CONTRACTOR is not able to complete the Service(s) set forth in the written proposal within ninety (90) days of the date of the Proposal.
3. Increase in CONTRACTOR’s costs due to fluctuation in currency exchange rates from the rates in effect as of the date of the written proposal; changes in taxation rates or changes in third party freight charges beyond Our control.
4. Any additional Service(s) requested by You and not specifically itemized in the Proposal.
5. Delay caused by any Force Majeure.
6. Additional time or costs incurred as a consequence of site conditions which are not disclosed by You at the time of the proposal including but not limited to adequacy and availability of stairs, lifts, doorways, access points, streets, loading and unloading sites etc.
7. Any additional costs or expenses incurred as a result of the imposition of parking or standing fees or charges imposed upon CONTRACTOR in the performance of its Service(s).
8. Please take notice that if you do not elect for the additional coverage, there will be no coverage for loss or damage to your property beyond the insurance coverage disclosed in 11.1 below. If you accept offer of coverage under the Air Sea policy, such coverage will be subject to the terms and conditions of this policy of insurance.

2.0              INVENTORY:                 CONTRACTOR has provided to You an inventory of all goods being stored and/or transported by Us under this Agreement. The inventory provided to You shall be CONCLUSIVELY PRESUMED to be a complete and accurate list of property received by CONTRACTOR unless, within three (3) days of receiving the inventory, You notify Us in writing of any error/omission.

3.0              CLIENT’S RESPONSIBILITIES DURING PROPERTY REMOVAL

3.1              To the extent CONTRACTOR’s Service(s) include removal of property from any location, the following shall be Your sole obligation and responsibility and CONTRACTOR assumes no responsibilities, liabilities or obligations in connection therewith and shall not be responsible for any loss, damage, delay or injury resulting from these matters:

1. You shall ensure that no property not intended for Service(s) by CONTRACTOR is removed from the premises and no property that is intended for Service(s) by CONTRACTOR is left behind at the premises from which property is being removed.
2. You shall obtain at Your sole cost and expense all documents, permissions, permits, or approvals necessary for the performance of the requested Service(s) by CONTRACTOR.
3. You shall be solely responsible for the security of Your property at the premises from which any property is being removed and at any destination point to which CONTRACTOR is contracted to deliver such property. You or Your authorized representative must be present at the time of any delivery and throughout the delivery process until completed. CONTRACTOR assumes no responsibility or liability for loss, theft or damage resulting from any lack of security at any pickup or delivery premises.
4. You shall be solely responsible for the proper and adequate preparation and stabilization of all electrical or electronic appliances and equipment including, but not limited to audio equipment, computer equipment etc., prior to removal of same from any premises by CONTRACTOR. CONTRACTOR shall not be liable for damage, loss, or injury to any such equipment resulting from movement, shaking, vibration or insufficient preparation by Client. Under no circumstances shall CONTRACTOR be liable for loss or damage to any software or data arising from any Service(s) supplied by CONTRACTOR.
5. You shall make any necessary arrangements and payment for any necessary parking facilities which may be required by CONTRACTOR to perform its Service(s). You are solely responsible for assuring appropriate and adequate physical access to Your premises to permit ingress and egress of CONTRACTOR vehicles.

4.0              CLIENT’S REPRESENTATIONS

4.1              By executing the contract for Service(s) with CONTRACTOR, You hereby represent and warrant that all goods, materials, property, merchandise, articles or items for which You have requested Service(s) from CONTRACTOR are solely the chattel property of Client and that Client possesses all necessary and legal rights and title in same to effect this contract.

4.2              You hereby represent and warrant that no property, goods, materials, merchandise, articles or items for which You are requesting Service(s) from CONTRACTOR are dangerous, hazardous or constitute illegal contraband under the laws of any country or state from, through or to which CONTRACTOR may be contracted to transport such items.

4.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, fines, penalties suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy or validity of the representations and warranties in Paragraphs 4.1 and 4.2.

5.0              CUSTOMS DOCUMENTATION

5.1              It is the responsibility and obligation of Client to ensure the accuracy of any description of goods, articles, merchandise or property being transported internationally by CONTRACTOR and to assure that all local legal requirements for export or import, customs declarations and documentation are accurate, adequate and complete. This obligation shall apply to property and goods transported by Us as well as any property or goods shipped by Client directly for which CONTRACTOR has been retained to clear Customs inspection.

5.2              Subject to Client’s obligations in Paragraph 5.1, CONTRACTOR will present and process Your prepared customs documentation to appropriate officials and agencies as necessary to effect transportation of such property.

5.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, penalties, suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy, sufficiency or validity of any customs documentation prepared by You and proffered in good faith by CONTRACTOR in the transportation of Your property.

5.4              CONTRACTOR shall not be liable or responsible for any loss, damage, delay, cost, penalty or other expense of any nature whatsoever, occasioned by or arising out of any inaccuracy, insufficiency, invalidity or inadequacy of any customs documentation prepared by Client.

6.0              PACKING

6.1              If indicated on the contract for service(s), We shall pack items for storage or for carriage by land, sea or air. The choice of materials used in the packing of such items shall be at Our sole discretion.

6.2              You shall have the obligation to inform CONTRACTOR of any special packing requirements, particular faults or fragility of which You are aware and which would affect the manner and method utilized by CONTRACTOR to pack Your property.  CONTRACTOR shall not be responsible or liable for any loss or damage occasioned by Your failure to so notify CONTRACTOR.

7.0              EXCLUDED SERVICES

7.1              Unless set forth in writing on the contract for Service(s), CONTRACTOR will not:

1. Dismantle, disassemble, assemble or reassemble products composed of medium density fiberboard (MDF); chipboard or unit furniture (flat-pack type assemblies).
2. Disconnect or reconnect any appliances from or to any service, utility, fitting, or other equipment. This includes, but is not limited to, computer equipment, electronics, kitchen large or small appliances, audio equipment etc.
3. Remove or place fitted floor coverings.
4. Hang or fit curtains, blinds or other window coverings, pictures, artwork, or other wall hung items.
5. Move or transport night storage heaters (unless dismantled by others), safes, or any article weight greater than

550 pound (250 Kg).

8. Move, transport, or store any items specifically excluded from Our Service(s) under Paragraph 8.0 below.

7.2              CONTRACTOR shall not be responsible, and You agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by CONTRACTOR unless such Service(s) are specifically referenced and agreed to in writing in the contract for Service(s).  You further agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by any independent contractor, staff or employee of Client.

8.0              EXCLUDED PROPERTY/GOODS

8.1              THIS PROVISION LIMITS OUR LIABILITY.  PLEASE READ IT CAREFULLY. CONTRACTOR accepts no responsibility, liability or obligations for loss, damage or injury to any of the following classes/types of articles or goods which may occur in the course of packing (if applicable), moving, transportation, loading, unloading, storing or shipping regardless of cause:

1. Jewelry, watches, precious stones, money, deeds, securities, tickets, stamps, coins, or similar collections.
2.                  Potentially dangerous, damaging, or explosive items or any hazardous materials.
3. Goods, property, or products likely to encourage vermin or other pests or to cause infection.
4.                  Refrigerated or frozen food or drink.
5.                  Any animals, including pets, birds or fish, and their cages or tank.
6.                   Plants or other growing things may be removed at Our discretion but not stored.
7. Computer, telecommunications or other electronic equipment and any data or software stored in them.

9.0              RIGHT TO INSPECT

9.1              In the interests of health, safety and security, We reserve the right to open or inspect any packages, boxes and/or goods and to properly and immediately dispose of any materials, goods, or objects which pose a risk or threat to the health, safety, welfare or security of Our personnel or third parties or which we reasonably and in good faith believe pose a threat to health, safety welfare or security of Our personnel or third parties.

9.2              You agree to waive any claim and to hold Us harmless from and against any loss, damage, cost or expense associated with the disposition of such materials goods or packages. Without limiting such waiver, in the event the products, materials, packages, boxes or goods do not represent an immediate threat to health, safety or welfare of Our personnel or third parties in the sole opinion of CONTRACTOR, We will make a reasonable good faith effort to contact You to arrange for removal of such items from Our possession, custody and control.

10.0            PAYMENT TO CONTRACTOR

10.1            Unless expressly agreed in writing, all costs, charges, duties, reimbursements, fees and all other charges are due and payable immediately upon receipt of invoice, and all payments for storage costs and any other accrued charges, must be paid in full before property is released or delivered from storage.

10.2            All invoiced charges not paid within thirty (30) days of invoicing shall accrue interest at the rate of 1.5% per month or portion thereof upon any outstanding balance. All charges are payable in U.S. Dollars by check, bank draft, certified check, cashier’s check, U.S. Money Order or Electronic wire transfer drawn upon a U.S. banking institution. Cash may be received in payment only at CONTRACTOR offices in person. CONTRACTOR reserves the right to decline or to make additional charge for accepting payment by other means in Our discretion.

10.3            Unless CONTRACTOR has expressly agreed to accept payment upon other terms, payment of the estimated charges for CONTRACTOR’s Service(s) must be received prior to commencement of Service(s). Failure to pay the estimated costs of Services as specified, may constitute ground for cancellation of the Contract and denial of Service(s). CONTRACTOR shall not be liable or responsible for any cost, expense, damage, or injury arising out of denial of Service(s) due to the failure of Consumer to effect timely payment.

11.0            LIABILITIES FOR LOSS OR DAMAGE | INSURANCE

11.1            THE FOLLOWING PROVISIONS AFFECT AND LIMIT OUR LIABILITY TO YOU FOR LOSS OR DAMAGE. PLEASE READ THESE PROVISIONS CAREFULLY. CONTRACTOR’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $0.66 per pound, per piece, of cargo lost, damaged, misdelivered, or otherwise adversely affected, but in no event shall exceed the actual invoice value of the goods. This limitation is subject to provisions as published in CONTRACTOR’s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.66 per pound, per piece, shall be subject to an excess valuation insurance charge. SHIPPER may elect a higher rate of coverage by declaring a value for the cargo in excess of $0.66 per pound on the contract or bill of lading. We shall not be liable in any event for any special or consequential damages including but not limited to loss of profits, income, utility or market value whether or not We had knowledge that such damage might be incurred. This limit shall apply even if the lost or damaged article forms part of a pair or set or had exceptional or antique value before it was lost or damaged. For items that are damaged, we reserve the right to pay for the repair or replacement of the item at Our sole discretion. We shall not be liable for any loss or damage, cost, expense or injury resulting from:

1. Fire, loss or damage while Your property is in storage and not under Our control.
2. Moth, vermin or similar infestation or inherent vice or defect of any property.
3. Cleaning, repairing or restoring of any property unless separately contracted.
4. War, invasion, acts of foreign enemies, hostilities (war declared or not), civil war, rebellion, military coup, terrorism, force majeure or act of God.
5. Wear and tear, leakage or evaporation, atmospheric or climatic changes.
6. Death, injury, sickness or disease arising from the removal or warehousing of any frozen food or drink. Frozen goods are only moved at Your sole risk.
7. Any consequential loss or damages of any kind, including loss of profit or anticipated profits, emotional damages, loss of prospective advantage etc..
8. Items which are brittle or have an inherent defect or which have been previously broken and repaired, deep freezers, clockwork, electronic or motor-driven goods (unless there is external evidence of impact damage resulting from Our handling), sensitive equipment, MDF or self-assembly furniture that is dismantled and/or reassembled regardless of who built it originally, or which is unsuitable for transportation, or surfaces coated in polyester lacquer or which have been refined or restored less than 1 year before the Work.
9. Any goods, which are not both packed and unpacked by Us.
10. Property that is left by You inside cupboards or other furniture during pickup transportation, storage or delivery.
11. Food, animals, plants or other living things.
12. Fixtures, fittings, property or goods to which damage is unavoidable due to conditions of access to any premises from which such property is retrieved or to which it is delivered.
13. Delivery of any property or goods to Our possession via third party carrier (e.g. courier/commercial post carrier etc.).
14. Any class of property, goods or articles referred to in Paragraph 8.
15. Computer software or data. We strongly advise you to back up all valuable data or information prior to packing or transportation of such equipment.
16. Items collected from or delivered to premises which are unattended or unoccupied by You or Your authorized agent.
17. Items removed or left behind in error (see Paragraph 3.1(a))
18. Items removed by others.

11.2            You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against all liabilities, losses, damage, costs and/or expenses of whatever nature which may result from Us acting on Your instructions or arising from any breach by You of any warranty or condition contained in these Terms and Conditions or from Your negligence whether or not in combination with others and excepting therefrom only such losses or claims which arise from the sole negligence of CONTRACTOR.

11.3            If any claim is made against Us by anyone other than You/Your agent arising out of or in connection with any Service(s) provided by Us, You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against any charges, expenses, damages or penalties claimed against us except in the case where We are found to have been negligent in a court of competent jurisdiction.

11.4            Liability of the CONTRACTOR and insurance company for loss or damage shall be subject to Shipper’s compliance with these terms and conditions.

12.0            DELAYS IN TRANSIT

12.1            In the event of delay in the transportation of Your property beyond a reasonable time after the schedule provided in Our agreement with You, and such delay is reasonably within Our control, We will pay Your reasonable expenses resulting from such avoidable delay up to a maximum of $100.00.

12.2            If through no fault of CONTRACTOR, We are unable to deliver goods as originally scheduled, We will deliver such goods into storage. Such delivery shall be conclusively deemed full delivery of such goods as originally contracted. Thereafter, any additional service(s), including storage and delivery from storage, shall incur additional charges in accordance with Our regular schedule of fees and charges.

13.0            DAMAGE TO PREMISES

13.1            We shall not be liable for any damage to any premises from which We retrieve Your property or to which such property or goods are delivered which is not the direct result of gross negligence on the part of CONTRACTOR. In the event such damage is caused by Our sole negligence, Our liability shall be limited to a maximum of $50.00 in the aggregate for all such damage unless You have specifically included, in Your written contract with Us, that You wish Us to arrange Property Damage Insurance.

13.2            Any damage to premises must be noted in writing on the collection or delivery note. Failure to note any damage to premises on the collection or delivery documents at the time of collection or delivery shall constitute a waiver of any rights or claims to damage to the premises.

14.0            TIME LIMITS FOR CLAIMS

14.1            Any claim for any form of damage, loss, injury, deterioration and any other claims arising from any Service(s) performed by CONTRACTOR whatsoever, shall be barred and deemed waived unless notice of loss and/or damage shall have been received by Us in writing AND:

1. If You or Your agent collect property from Our premises, to which any damage or loss is claimed from Us, We will not be liable for any loss or damage unless We are notified in writing at the time such property is removed from Our custody or control.
2. If We deliver goods to a premises, any damage or loss must be recorded in writing on the signed delivery documents and in no event later than 48 hours after delivery.
3. If We ship goods overseas, any damage or loss must be recorded in writing on the release documents and in no event later than 48 hours after release from Customs.

14.2            Any claim or demand for arbitration shall be commenced against Us within no more than one (1) year from the date set forth in either subsection a or b of this section regardless of any state or jurisdictional statute of limitations or similar statute of repose that may apply to such claims. Failure to commence an action or proceeding within the time limits prescribed by this section shall constitute a waiver of all such claims.

15.0            OUR RIGHT OF LIEN

15.1            CONTRACTOR claims a lien upon any property in its possession, custody or control to ensure payment of its accrued fees, charges and expenses. Subject to applicable law, We have a legal right to withhold or ultimately dispose of some or all of any property left in storage or in Our possession, to satisfy any outstanding charges and other payments due under this contract. These include any charges that We have paid on Your behalf. While We hold Your property, even if that is due to Your failure or refusal to pay accrued and outstanding charges, You will be liable to pay all storage charges and all other costs incurred in holding Your goods and property and these terms and conditions will continue to apply. All such accrued storage fees and charges may be added to any existing balance to be satisfied by the sale or disposition of any goods left in Our possession.  See page 1 of this Agreement regarding Your rights to pursue arbitration of disputes through the Better Business Bureau. 

16.0            OUR RIGHT TO SELL PROPERTY

16.1            Subject to Your right to commence an arbitration with the Better Business Bureau to challenge disputes, if Your account is not paid, We are entitled to give you 28 day’s notice to remove Your goods from Our custody and pay all money due to Us. If You do not make this payment, We are entitled to sell or dispose of some or all of Your property without further notice. If in Our reasonable opinion or the opinion of a competent adviser any item is of no resale value or the costs of sale would exceed the likely proceeds, We are entitled to dispose of the property as, in Our sole discretion, may be appropriate. If We sell Your goods We will make good faith reasonable efforts to sell them at a fair market price. However, We shall have no liability of any kind whatsoever if such sale does not realize any particular or anticipated value. We are entitled to make a charge for valuation, administration, delivery and all other costs, expenses and work incurred in the course of such sale proceedings as well as storage fees involved in sale or disposal of the Property. All such additional charges will be added to Client’s account.  Any proceeds of such sale will be credited to Your account. In the event any sale proceeds exceed the account balance, such surplus will be paid to You within thirty (30) days of the completion of the sale without interest.

17.0            CHOICE OF LAW

17.1            The validity, construction, enforceability and performance of this contract shall be governed in all respects by the substantive law of the State of New York, without regard to contrary principles of conflicts of laws.

18.0            OUR RIGHT TO SUBCONTRACT THE WORK

18.1            We reserve the right, in Our sole discretion, to subcontract all or part of work. All subcontracted work shall be carried out in accordance with, and subject to, these terms and conditions.

19.0            NOTIFICATION OF ADDRESS

19.1            While Your property is in storage and under Our care, You will keep Us informed of Your current address. Notification of change of address will not be effective unless You inform Us in writing and We acknowledge in writing that We have received it. We will make this acknowledgment promptly. All correspondence and notices will be PRESUMED to have been received by you 7 days after We posted it to the last address You reported to CONTRACTOR.

20.0            STORAGE CONTRACTS

20.1            Charges agreed upon for storage of property shall be set forth and established in writing prior to the acceptance of Property for storage by Us. We reserve the right, subject to these provisions, to change or amend storage charges and the terms of such storage, from time to time. In the event of such changes or amendments, We shall deliver written notice of change or amendment not less than 45 days prior to implementation of such new terms and conditions. No changes or amendments shall be effective or apply less than 45 calendar days from the date of such written notice. Continued storage of Your property with Us thereafter shall constitute acceptance and adoption of any such new terms or conditions, charges or rates.

20.2            All storage charges will be invoiced and are payable one (1) month in advance. If You remove the goods from storage before the expiration of the prepaid period, We will credit Your account for the unexpired portion of the period for which We have billed you, but not for unexpired periods of less than one complete week. All accrued charges must be paid before goods are released from storage. See Paragraphs 15 and 16 with respect to Our rights to withhold or dispose of your property pending payment of Our accrued fees and charges.

20.3            You are entitled to terminate the storage contract by giving us written notice not less than fourteen (14) calendar days before the effective date of such cancellation. We reserve the right to charge for the full 14-day period of notice. Subject to the terms and conditions in this document and the timely payment of accrued charges, costs and expenses by Client, We shall not terminate any storage contract upon less than thirty (30) day’s notice.

20.4            We are entitled to make a separate charge for stowing or unstowing of Your property while in storage including the initial and final movement into and out of store and, if You do not use us for delivery or collection of Your property to or from the warehouse, we shall make a charge for receiving or delivering it to Your designee.

21.0            MANDATORY ARBITRATION

                                        21.1            Any dispute between Contractor and the Client shall be submitted to mandatory arbitration with the American Arbitration Association in the jurisdiction in which the goods which are the subject of the dispute are or were stored.  Notwithstanding the foregoing, at Your option, we will submit to final and binding arbitration in accordance with the arbitration rules of the Better Business Bureau of Metropolitan New York, Inc. for any dispute that arises out of: (a) Contractor’s Intended sale of Your goods for non-payment and (b) any other dispute involving Your goods where the amount In controversy Is between $100 and $2,500. For information about arbitration, call the Better Business Bureau at 212.533.6200 or write to the Better Business Bureau at 257 Park Avenue, New York, New York 10010 (Attn: Arbitration).

22.0            SEVERABILITY

                                        22.1            The provisions of this Agreement are severable, and if any provision of this Agreement is found to be unenforceable, such provision may be severed or modified and all other provisions shall remain fully valid and enforceable.

TERMS AND CONDITIONS FOR REST ASSURED LLC.

BY ACCEPTING CONTRACTOR’S SERVICES, YOU EXPRESSLY AGREE TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Definitions: Whenever the term “Client”, “Shipper”, “You” or “Your” appears herein, it shall refer to the person, entity, or company contracting for services or work by CONTRACTOR, including any agents, employees or assigns. Whenever the term “CONTRACTOR”, “We,” “Our” or “Us” appears herein it shall refer to Rest Assured LLC. as the entity supplying or performing Service(s).

PLEASE NOTE THAT ALL WORK OR SERVICES OF ANY NATURE OR KIND WHATSOEVER PERFORMED BY OR ON BEHALF OF CONTRACTOR ARE AND SHALL BE SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN UNLESS SUCH TERM OR CONDITION IS EXPRESSLY WAIVED IN WRITING BY CONTRACTOR OR AN AUTHORIZED AGENT THEREOF. 

It is agreed among the parties involved that the conditions of contract of carriage for this shipment are governed by AirSea’s tariffs, available for inspection at AirSea’s Offices which are hereby incorporated into this contract, and a copy of which will be supplied  upon request. 

PLEASE ALSO NOTE THAT THESE TERMS AND CONDITIONS MAY LIMIT THE SCOPE OF DUTIES, LIABILITIES OR OBLIGATIONS WHICH CONTRACTOR MAY ASSUME OR UNDERTAKE ABSENT SEPARATE WRITTEN AGREEMENTS. PARTICULAR ATTENTION SHOULD BE PAID TO THE LIMITATIONS CONTAINED IN THESE TERMS AND CONDITIONS.

1.0              ESTIMATES

1.1              The estimated price for CONTRACTOR’s Service(s) set forth in Our written proposal does not include Customs duties or any other fees payable to national or local government bodies. Such charges and fees cannot be anticipated in full and if paid or advanced by CONTRACTOR, such charges will be passed on to You in addition to CONTRACTOR’s charges for Service(s).

1.2              CONTRACTOR reserves the right to amend, alter and/or increase the estimated price set forth in its written proposal under the following conditions:

1. You do not accept the written proposal within fourteen (14) calendar days of issuance.
2. As a consequence of Your acts or omissions, CONTRACTOR is not able to complete the Service(s) set forth in the written proposal within ninety (90) days of the date of the Proposal.
3. Increase in CONTRACTOR’s costs due to fluctuation in currency exchange rates from the rates in effect as of the date of the written proposal; changes in taxation rates or changes in third party freight charges beyond Our control.
4. Any additional Service(s) requested by You and not specifically itemized in the Proposal.
5. Delay caused by any Force Majeure.
6. Additional time or costs incurred as a consequence of site conditions which are not disclosed by You at the time of the proposal including but not limited to adequacy and availability of stairs, lifts, doorways, access points, streets, loading and unloading sites etc.
7. Any additional costs or expenses incurred as a result of the imposition of parking or standing fees or charges imposed upon CONTRACTOR in the performance of its Service(s).
8. Please take notice that if you do not elect for the additional coverage, there will be no coverage for loss or damage to your property beyond the insurance coverage disclosed in 11.1 below. If you accept offer of coverage under the Air Sea policy, such coverage will be subject to the terms and conditions of this policy of insurance.

2.0              INVENTORY:                 CONTRACTOR has provided to You an inventory of all goods being stored and/or transported by Us under this Agreement. The inventory provided to You shall be CONCLUSIVELY PRESUMED to be a complete and accurate list of property received by CONTRACTOR unless, within three (3) days of receiving the inventory, You notify Us in writing of any error/omission.

3.0              CLIENT’S RESPONSIBILITIES DURING PROPERTY REMOVAL

3.1              To the extent CONTRACTOR’s Service(s) include removal of property from any location, the following shall be Your sole obligation and responsibility and CONTRACTOR assumes no responsibilities, liabilities or obligations in connection therewith and shall not be responsible for any loss, damage, delay or injury resulting from these matters:

1. You shall ensure that no property not intended for Service(s) by CONTRACTOR is removed from the premises and no property that is intended for Service(s) by CONTRACTOR is left behind at the premises from which property is being removed.
2. You shall obtain at Your sole cost and expense all documents, permissions, permits, or approvals necessary for the performance of the requested Service(s) by CONTRACTOR.
3. You shall be solely responsible for the security of Your property at the premises from which any property is being removed and at any destination point to which CONTRACTOR is contracted to deliver such property. You or Your authorized representative must be present at the time of any delivery and throughout the delivery process until completed. CONTRACTOR assumes no responsibility or liability for loss, theft or damage resulting from any lack of security at any pickup or delivery premises.
4. You shall be solely responsible for the proper and adequate preparation and stabilization of all electrical or electronic appliances and equipment including, but not limited to audio equipment, computer equipment etc., prior to removal of same from any premises by CONTRACTOR. CONTRACTOR shall not be liable for damage, loss, or injury to any such equipment resulting from movement, shaking, vibration or insufficient preparation by Client. Under no circumstances shall CONTRACTOR be liable for loss or damage to any software or data arising from any Service(s) supplied by CONTRACTOR.
5. You shall make any necessary arrangements and payment for any necessary parking facilities which may be required by CONTRACTOR to perform its Service(s). You are solely responsible for assuring appropriate and adequate physical access to Your premises to permit ingress and egress of CONTRACTOR vehicles.

4.0              CLIENT’S REPRESENTATIONS

4.1              By executing the contract for Service(s) with CONTRACTOR, You hereby represent and warrant that all goods, materials, property, merchandise, articles or items for which You have requested Service(s) from CONTRACTOR are solely the chattel property of Client and that Client possesses all necessary and legal rights and title in same to effect this contract.

4.2              You hereby represent and warrant that no property, goods, materials, merchandise, articles or items for which You are requesting Service(s) from CONTRACTOR are dangerous, hazardous or constitute illegal contraband under the laws of any country or state from, through or to which CONTRACTOR may be contracted to transport such items.

4.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, fines, penalties suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy or validity of the representations and warranties in Paragraphs 4.1 and 4.2.

5.0              CUSTOMS DOCUMENTATION

5.1              It is the responsibility and obligation of Client to ensure the accuracy of any description of goods, articles, merchandise or property being transported internationally by CONTRACTOR and to assure that all local legal requirements for export or import, customs declarations and documentation are accurate, adequate and complete. This obligation shall apply to property and goods transported by Us as well as any property or goods shipped by Client directly for which CONTRACTOR has been retained to clear Customs inspection.

5.2              Subject to Client’s obligations in Paragraph 5.1, CONTRACTOR will present and process Your prepared customs documentation to appropriate officials and agencies as necessary to effect transportation of such property.

5.3              You hereby agree to defend, indemnify and hold CONTRACTOR harmless from and against any claims, actions, damages, penalties, suits or injuries, arising anywhere in the world, which arise out of or in connection with the accuracy, sufficiency or validity of any customs documentation prepared by You and proffered in good faith by CONTRACTOR in the transportation of Your property.

5.4              CONTRACTOR shall not be liable or responsible for any loss, damage, delay, cost, penalty or other expense of any nature whatsoever, occasioned by or arising out of any inaccuracy, insufficiency, invalidity or inadequacy of any customs documentation prepared by Client.

6.0              PACKING

6.1              If indicated on the contract for service(s), We shall pack items for storage or for carriage by land, sea or air. The choice of materials used in the packing of such items shall be at Our sole discretion.

6.2              You shall have the obligation to inform CONTRACTOR of any special packing requirements, particular faults or fragility of which You are aware and which would affect the manner and method utilized by CONTRACTOR to pack Your property.  CONTRACTOR shall not be responsible or liable for any loss or damage occasioned by Your failure to so notify CONTRACTOR.

7.0              EXCLUDED SERVICES

7.1              Unless set forth in writing on the contract for Service(s), CONTRACTOR will not:

1. Dismantle, disassemble, assemble or reassemble products composed of medium density fiberboard (MDF); chipboard or unit furniture (flat-pack type assemblies).
2. Disconnect or reconnect any appliances from or to any service, utility, fitting, or other equipment. This includes, but is not limited to, computer equipment, electronics, kitchen large or small appliances, audio equipment etc.
3. Remove or place fitted floor coverings.
4. Hang or fit curtains, blinds or other window coverings, pictures, artwork, or other wall hung items.
5. Move or transport night storage heaters (unless dismantled by others), safes, or any article weight greater than

550 pound (250 Kg).

8. Move, transport, or store any items specifically excluded from Our Service(s) under Paragraph 8.0 below.

7.2              CONTRACTOR shall not be responsible, and You agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by CONTRACTOR unless such Service(s) are specifically referenced and agreed to in writing in the contract for Service(s).  You further agree to hold Us harmless from and against any loss, damage, liability, cost, claim or injury arising from the performance of any of the above Excluded Service(s) by any independent contractor, staff or employee of Client.

8.0              EXCLUDED PROPERTY/GOODS

8.1              THIS PROVISION LIMITS OUR LIABILITY.  PLEASE READ IT CAREFULLY. CONTRACTOR accepts no responsibility, liability or obligations for loss, damage or injury to any of the following classes/types of articles or goods which may occur in the course of packing (if applicable), moving, transportation, loading, unloading, storing or shipping regardless of cause:

1. Jewelry, watches, precious stones, money, deeds, securities, tickets, stamps, coins, or similar collections.
2.                  Potentially dangerous, damaging, or explosive items or any hazardous materials.
3. Goods, property, or products likely to encourage vermin or other pests or to cause infection.
4.                  Refrigerated or frozen food or drink.
5.                  Any animals, including pets, birds or fish, and their cages or tank.
6.                   Plants or other growing things may be removed at Our discretion but not stored.
7. Computer, telecommunications or other electronic equipment and any data or software stored in them.

9.0              RIGHT TO INSPECT

9.1              In the interests of health, safety and security, We reserve the right to open or inspect any packages, boxes and/or goods and to properly and immediately dispose of any materials, goods, or objects which pose a risk or threat to the health, safety, welfare or security of Our personnel or third parties or which we reasonably and in good faith believe pose a threat to health, safety welfare or security of Our personnel or third parties.

9.2              You agree to waive any claim and to hold Us harmless from and against any loss, damage, cost or expense associated with the disposition of such materials goods or packages. Without limiting such waiver, in the event the products, materials, packages, boxes or goods do not represent an immediate threat to health, safety or welfare of Our personnel or third parties in the sole opinion of CONTRACTOR, We will make a reasonable good faith effort to contact You to arrange for removal of such items from Our possession, custody and control.

10.0            PAYMENT TO CONTRACTOR

10.1            Unless expressly agreed in writing, all costs, charges, duties, reimbursements, fees and all other charges are due and payable immediately upon receipt of invoice, and all payments for storage costs and any other accrued charges, must be paid in full before property is released or delivered from storage.

10.2            All invoiced charges not paid within thirty (30) days of invoicing shall accrue interest at the rate of 1.5% per month or portion thereof upon any outstanding balance. All charges are payable in U.S. Dollars by check, bank draft, certified check, cashier’s check, U.S. Money Order or Electronic wire transfer drawn upon a U.S. banking institution. Cash may be received in payment only at CONTRACTOR offices in person. CONTRACTOR reserves the right to decline or to make additional charge for accepting payment by other means in Our discretion.

10.3            Unless CONTRACTOR has expressly agreed to accept payment upon other terms, payment of the estimated charges for CONTRACTOR’s Service(s) must be received prior to commencement of Service(s). Failure to pay the estimated costs of Services as specified, may constitute ground for cancellation of the Contract and denial of Service(s). CONTRACTOR shall not be liable or responsible for any cost, expense, damage, or injury arising out of denial of Service(s) due to the failure of Consumer to effect timely payment.

11.0            LIABILITIES FOR LOSS OR DAMAGE | INSURANCE

11.1            THE FOLLOWING PROVISIONS AFFECT AND LIMIT OUR LIABILITY TO YOU FOR LOSS OR DAMAGE. PLEASE READ THESE PROVISIONS CAREFULLY. CONTRACTOR’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $0.66 per pound, per piece, of cargo lost, damaged, misdelivered, or otherwise adversely affected, but in no event shall exceed the actual invoice value of the goods. This limitation is subject to provisions as published in CONTRACTOR’s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.66 per pound, per piece, shall be subject to an excess valuation insurance charge. SHIPPER may elect a higher rate of coverage by declaring a value for the cargo in excess of $0.66 per pound on the contract or bill of lading. We shall not be liable in any event for any special or consequential damages including but not limited to loss of profits, income, utility or market value whether or not We had knowledge that such damage might be incurred. This limit shall apply even if the lost or damaged article forms part of a pair or set or had exceptional or antique value before it was lost or damaged. For items that are damaged, we reserve the right to pay for the repair or replacement of the item at Our sole discretion. We shall not be liable for any loss or damage, cost, expense or injury resulting from:

1. Fire, loss or damage while Your property is in storage and not under Our control.
2. Moth, vermin or similar infestation or inherent vice or defect of any property.
3. Cleaning, repairing or restoring of any property unless separately contracted.
4. War, invasion, acts of foreign enemies, hostilities (war declared or not), civil war, rebellion, military coup, terrorism, force majeure or act of God.
5. Wear and tear, leakage or evaporation, atmospheric or climatic changes.
6. Death, injury, sickness or disease arising from the removal or warehousing of any frozen food or drink. Frozen goods are only moved at Your sole risk.
7. Any consequential loss or damages of any kind, including loss of profit or anticipated profits, emotional damages, loss of prospective advantage etc..
8. Items which are brittle or have an inherent defect or which have been previously broken and repaired, deep freezers, clockwork, electronic or motor-driven goods (unless there is external evidence of impact damage resulting from Our handling), sensitive equipment, MDF or self-assembly furniture that is dismantled and/or reassembled regardless of who built it originally, or which is unsuitable for transportation, or surfaces coated in polyester lacquer or which have been refined or restored less than 1 year before the Work.
9. Any goods, which are not both packed and unpacked by Us.
10. Property that is left by You inside cupboards or other furniture during pickup transportation, storage or delivery.
11. Food, animals, plants or other living things.
12. Fixtures, fittings, property or goods to which damage is unavoidable due to conditions of access to any premises from which such property is retrieved or to which it is delivered.
13. Delivery of any property or goods to Our possession via third party carrier (e.g. courier/commercial post carrier etc.).
14. Any class of property, goods or articles referred to in Paragraph 8.
15. Computer software or data. We strongly advise you to back up all valuable data or information prior to packing or transportation of such equipment.
16. Items collected from or delivered to premises which are unattended or unoccupied by You or Your authorized agent.
17. Items removed or left behind in error (see Paragraph 3.1(a))
18. Items removed by others.

11.2            You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against all liabilities, losses, damage, costs and/or expenses of whatever nature which may result from Us acting on Your instructions or arising from any breach by You of any warranty or condition contained in these Terms and Conditions or from Your negligence whether or not in combination with others and excepting therefrom only such losses or claims which arise from the sole negligence of CONTRACTOR.

11.3            If any claim is made against Us by anyone other than You/Your agent arising out of or in connection with any Service(s) provided by Us, You hereby agree to indemnify, defend and hold CONTRACTOR, its agents, servants, employees, subsidiaries, parents, affiliates, representatives, officers and directors harmless from and against any charges, expenses, damages or penalties claimed against us except in the case where We are found to have been negligent in a court of competent jurisdiction.

11.4            Liability of the CONTRACTOR and insurance company for loss or damage shall be subject to Shipper’s compliance with these terms and conditions.

12.0            DELAYS IN TRANSIT

12.1            In the event of delay in the transportation of Your property beyond a reasonable time after the schedule provided in Our agreement with You, and such delay is reasonably within Our control, We will pay Your reasonable expenses resulting from such avoidable delay up to a maximum of $100.00.

12.2            If through no fault of CONTRACTOR, We are unable to deliver goods as originally scheduled, We will deliver such goods into storage. Such delivery shall be conclusively deemed full delivery of such goods as originally contracted. Thereafter, any additional service(s), including storage and delivery from storage, shall incur additional charges in accordance with Our regular schedule of fees and charges.

13.0            DAMAGE TO PREMISES

13.1            We shall not be liable for any damage to any premises from which We retrieve Your property or to which such property or goods are delivered which is not the direct result of gross negligence on the part of CONTRACTOR. In the event such damage is caused by Our sole negligence, Our liability shall be limited to a maximum of $50.00 in the aggregate for all such damage unless You have specifically included, in Your written contract with Us, that You wish Us to arrange Property Damage Insurance.

13.2            Any damage to premises must be noted in writing on the collection or delivery note. Failure to note any damage to premises on the collection or delivery documents at the time of collection or delivery shall constitute a waiver of any rights or claims to damage to the premises.

14.0            TIME LIMITS FOR CLAIMS

14.1            Any claim for any form of damage, loss, injury, deterioration and any other claims arising from any Service(s) performed by CONTRACTOR whatsoever, shall be barred and deemed waived unless notice of loss and/or damage shall have been received by Us in writing AND:

1. If You or Your agent collect property from Our premises, to which any damage or loss is claimed from Us, We will not be liable for any loss or damage unless We are notified in writing at the time such property is removed from Our custody or control.
2. If We deliver goods to a premises, any damage or loss must be recorded in writing on the signed delivery documents and in no event later than 48 hours after delivery.
3. If We ship goods overseas, any damage or loss must be recorded in writing on the release documents and in no event later than 48 hours after release from Customs.

14.2            Any claim or demand for arbitration shall be commenced against Us within no more than one (1) year from the date set forth in either subsection a or b of this section regardless of any state or jurisdictional statute of limitations or similar statute of repose that may apply to such claims. Failure to commence an action or proceeding within the time limits prescribed by this section shall constitute a waiver of all such claims.

15.0            OUR RIGHT OF LIEN

15.1            CONTRACTOR claims a lien upon any property in its possession, custody or control to ensure payment of its accrued fees, charges and expenses. Subject to applicable law, We have a legal right to withhold or ultimately dispose of some or all of any property left in storage or in Our possession, to satisfy any outstanding charges and other payments due under this contract. These include any charges that We have paid on Your behalf. While We hold Your property, even if that is due to Your failure or refusal to pay accrued and outstanding charges, You will be liable to pay all storage charges and all other costs incurred in holding Your goods and property and these terms and conditions will continue to apply. All such accrued storage fees and charges may be added to any existing balance to be satisfied by the sale or disposition of any goods left in Our possession.  See page 1 of this Agreement regarding Your rights to pursue arbitration of disputes through the Better Business Bureau. 

16.0            OUR RIGHT TO SELL PROPERTY

16.1            Subject to Your right to commence an arbitration with the Better Business Bureau to challenge disputes, if Your account is not paid, We are entitled to give you 28 day’s notice to remove Your goods from Our custody and pay all money due to Us. If You do not make this payment, We are entitled to sell or dispose of some or all of Your property without further notice. If in Our reasonable opinion or the opinion of a competent adviser any item is of no resale value or the costs of sale would exceed the likely proceeds, We are entitled to dispose of the property as, in Our sole discretion, may be appropriate. If We sell Your goods We will make good faith reasonable efforts to sell them at a fair market price. However, We shall have no liability of any kind whatsoever if such sale does not realize any particular or anticipated value. We are entitled to make a charge for valuation, administration, delivery and all other costs, expenses and work incurred in the course of such sale proceedings as well as storage fees involved in sale or disposal of the Property. All such additional charges will be added to Client’s account.  Any proceeds of such sale will be credited to Your account. In the event any sale proceeds exceed the account balance, such surplus will be paid to You within thirty (30) days of the completion of the sale without interest.

17.0            CHOICE OF LAW

17.1            The validity, construction, enforceability and performance of this contract shall be governed in all respects by the substantive law of the State of New York, without regard to contrary principles of conflicts of laws.

18.0            OUR RIGHT TO SUBCONTRACT THE WORK

18.1            We reserve the right, in Our sole discretion, to subcontract all or part of work. All subcontracted work shall be carried out in accordance with, and subject to, these terms and conditions.

19.0            NOTIFICATION OF ADDRESS

19.1            While Your property is in storage and under Our care, You will keep Us informed of Your current address. Notification of change of address will not be effective unless You inform Us in writing and We acknowledge in writing that We have received it. We will make this acknowledgment promptly. All correspondence and notices will be PRESUMED to have been received by you 7 days after We posted it to the last address You reported to CONTRACTOR.

20.0            STORAGE CONTRACTS

20.1            Charges agreed upon for storage of property shall be set forth and established in writing prior to the acceptance of Property for storage by Us. We reserve the right, subject to these provisions, to change or amend storage charges and the terms of such storage, from time to time. In the event of such changes or amendments, We shall deliver written notice of change or amendment not less than 45 days prior to implementation of such new terms and conditions. No changes or amendments shall be effective or apply less than 45 calendar days from the date of such written notice. Continued storage of Your property with Us thereafter shall constitute acceptance and adoption of any such new terms or conditions, charges or rates.

20.2            All storage charges will be invoiced and are payable one (1) month in advance. If You remove the goods from storage before the expiration of the prepaid period, We will credit Your account for the unexpired portion of the period for which We have billed you, but not for unexpired periods of less than one complete week. All accrued charges must be paid before goods are released from storage. See Paragraphs 15 and 16 with respect to Our rights to withhold or dispose of your property pending payment of Our accrued fees and charges.

20.3            You are entitled to terminate the storage contract by giving us written notice not less than fourteen (14) calendar days before the effective date of such cancellation. We reserve the right to charge for the full 14-day period of notice. Subject to the terms and conditions in this document and the timely payment of accrued charges, costs and expenses by Client, We shall not terminate any storage contract upon less than thirty (30) day’s notice.

20.4            We are entitled to make a separate charge for stowing or unstowing of Your property while in storage including the initial and final movement into and out of store and, if You do not use us for delivery or collection of Your property to or from the warehouse, we shall make a charge for receiving or delivering it to Your designee.

21.0            MANDATORY ARBITRATION

                                        21.1            Any dispute between Contractor and the Client shall be submitted to mandatory arbitration with the American Arbitration Association in the jurisdiction in which the goods which are the subject of the dispute are or were stored.  Notwithstanding the foregoing, at Your option, we will submit to final and binding arbitration in accordance with the arbitration rules of the Better Business Bureau of Metropolitan New York, Inc. for any dispute that arises out of: (a) Contractor’s Intended sale of Your goods for non-payment and (b) any other dispute involving Your goods where the amount In controversy Is between $100 and $2,500. For information about arbitration, call the Better Business Bureau at 212.533.6200 or write to the Better Business Bureau at 257 Park Avenue, New York, New York 10010 (Attn: Arbitration).

22.0            SEVERABILITY

                                        22.1            The provisions of this Agreement are severable, and if any provision of this Agreement is found to be unenforceable, such provision may be severed or modified and all other provisions shall remain fully valid and enforceable.