Terms and Conditions of Service
Level Eye LLC (The Company)
These Terms and Conditions of Service ("Agreement") govern all services provided by Level Eye LLC ("Level Eye" or "Company") to the client or shipper ("Client" or "Shipper") concerning the handling, transportation, storage, and installation of art objects, antiques, and other property ("Objects" or "Goods").
1. Fees, Charges, and Cancellation Policy
1.1 Standard Rates and Overtime Policy
Standard business hours are 8:30 AM to 4:30 PM, Monday through Friday. All labor outside of these hours or in excess of eight (8) hours in a single day is subject to overtime rates:
Time and a Half: For labor performed on a business day between 4:30 PM and 6:00 PM, or between 6:00 AM and 8:30 AM, or on Saturday.
Double Time: For labor performed any day between midnight and 6:00 AM, and on Sunday and Company-observed holidays. Overnight jobs will be negotiated on an individual basis.
1.2 Minimum Labor Charge
Labor that begins or extends after 6:00 PM or begins before 7:00 AM, and all labor performed on Saturday, Sunday, and holidays, will be subject to a four (4) hour minimum charge.
1.3 Cancellation Policy
In the event the Client cancels scheduled work within three (3) business days of the commencement date, and Level Eye cannot reallocate its staff to other billable projects, Level Eye reserves the right to charge a portion of the anticipated job billing:
Cancelled within 3 business days: Subject to twenty-five percent (25%) of the anticipated job billing.
Cancelled within 2 business days: Subject to fifty percent (50%) of the anticipated job billing.
Cancelled within 1 business day: Subject to seventy-five percent (75%) of the anticipated job billing. Jobs involving third-party shipping or contracted services may incur additional cancellation fees if charged by the vendor.
2. Condition of Objects and Duty to Disclose
2.1 Pre-existing Damage
The Client shall disclose in writing to Level Eye any known damage and/or defects existing in the Objects prior to delivery for the performance of the Scope of Work. This list shall not be deemed a complete list of all existing damage and defects. Level Eye is not liable for:
Damage to, or defects in, the Objects existing prior to delivery of the Objects to Level Eye.
Ordinary wear and tear.
Perishable Objects.
2.2 Condition Reports
The Client understands that Level Eye’s art handlers are not fine art conservators and may, during the normal course of business, issue a condition report for the purpose of noting damages visible to the naked and untrained eye. Said condition report is made without prejudice and is not binding on Level Eye.
3. Limitation of Liability and Valuation
3.1 Standard Limitation of Liability
Level Eye shall not be liable, and Client hereby waives any claims, for loss or damage to Client’s Objects except to the extent that such loss or damage is directly attributable to Level Eye’s failure to exercise care as a reasonably careful person would exercise under like circumstances. Level Eye is not liable for any damages which could not have been avoided by the exercise of such care.
Notwithstanding any provision to the contrary, Level Eye’s maximum liability with respect to any claim for loss or damage arising from or relating to its performance under this Agreement shall not in any event exceed the fees paid to Level Eye under this Agreement for the twelve (12) month period preceding the date of loss or damage.
3.2 Released Rate and Declared Value
Objects handled, shipped, installed, or placed in storage with Level Eye are valued at a released rate liability limited to the lesser of sixty cents ($0.60) per pound per item, or one hundred dollars ($100.00) per item. The Shipper may declare a higher value for its Goods and pay a higher rate for services. If a higher value is not declared in writing on the Bill of Lading (BOL) or Scope of Work document, the liability limitation set forth in this Section 3.2 shall apply.
3.3 Exclusions from Liability
Level Eye shall have no liability or responsibility for physical loss or damage to any Objects caused by, but not limited to, the following: 1. Items improperly or inadequately packed or mislabeled by the Shipper. 2. Items having internal damage or concealed breakage; glass and ceramic having cracks. 3. Items damaged by inherent vice or weakness due to poor fabrication. 4. Items containing fragile internal mechanics or instrumentation. 5. Items with waxen, resinous, or viscous surface areas (wet, semi-dry, or hardened state). 6. Damaged or worn antique items in disrepair, or items exhibiting prior repairs or breakage. 7. Uncured and/or not thoroughly dry objects of art, paintings, or uncured and/or unset varnish. 8. Items with directional orientation to which the Shipper does not affix descriptive arrows in advance. 9. Items shipped unwrapped at the stated request of the Shipper. 10. Loss or damage to mirrors, glass, marble, or stone. 11. Loss of or damage from ordinary wear, tear, or deterioration as a result of natural climatic changes. 12. Unexplained or mysterious disappearance. 13. Loss or damage or missing items resulting from owner’s packing or unpacking. 14. Loss of or damage to any item that is part of a pair or set; liability shall be limited to the separate value of the damaged item.
3.4 Force Majeure and Other Exclusions
Level Eye shall not be liable for loss, damage, or delay caused by: war, the public enemy, criminal acts of third parties, acts of any governmental or public authority, insurrection, strikes or other labor troubles, Acts of God, riots, the elements, infestation or other causes of active deterioration, quarantine or fumigation requirements, street traffic, obstructions, act or default of the Shipper or owner of the Property, breakdown or mechanical defect of vehicles or equipment, occurrences in customs warehouses, elevator service, or other causes beyond the control of Level Eye.
Level Eye will be released from liability for cargo when directed to accept and load or deliver and unload at unmanned locations where the Client, consignee, customer, or their agents are not present.
4. Claims Procedure
4.1 Notice of Claim
Any claim of damage arising under this Agreement must be presented to Level Eye in writing upon completion of the Scope of Work.
If a claim for hidden or concealed damage is made, it must be made in writing and received by Level Eye within ten (10) days of the delivery date of the Goods. Claims not reported within ten days shall be time-barred.
The Client shall inspect the Objects for damage upon completion of the Scope of Work.
4.2 Right to Inspect
Level Eye reserves the right to inspect all items and wrapping materials that are being made subject to a claim. It is the responsibility of the consignee to retain the Goods in the original container(s) and/or materials and to make such Goods and materials available to Level Eye for inspection.
4.3 Time to Commence Action
No lawsuit or other action may be maintained by Client against Level Eye for loss or damage to the Objects unless a timely written claim has been given by Client as provided above and unless such lawsuit or other action is commenced no later than ninety (90) days after completion of the Scope of Work.
5. Indemnification and Subrogation
5.1 Client Indemnity and Hold Harmless
To the fullest extent allowed by law, Client shall defend, indemnify, and hold Level Eye harmless from and against any and all claims, liabilities, damages, losses, and judgmen ts, incurred or brought by third parties , including attorneys’ fees and costs, which may be incurred by Level Eye by reason of:
Injury to or death of any person or damage to any property by reason of any quality or condition of Client’s Property.
The fault, willful misconduct, or negligence of the Client, its officers, agents, subcontractors, or employees, even where such injury, death, or property damage results in part from Level Eye’s performance of Services.
Any claim or legal action against Level Eye by a carrier, other person, or governmental agency arising from a shipment of Client’s Property.
5.2 Waiver of Subrogation
To the extent permitted by law, Client hereby waives all rights of subrogation against Level Eye, its officers, members, agents, and employees, occurring and/or arising out of any loss o r damage to Property, Contents, or Premises to the extent such loss or damage is covered by insurance.
The Client agrees to immediately furnish its insurers with written notice of the terms of this waiver, and to have all applicable insurance policies properly endorsed, if necessary, to prevent the invalidation of said insurance coverage by reason of this waiver of subrogation. All insurance policies covering the Property that the Client has or shall procure shall contain a waiver of subrogation in fav or of Level Eye. Client shall furnish Level Eye with all applicable insurance policies on request.
6. Confidentiality
Except as otherwise provided in this Agreement, Objects or information pertaining to Objects will not be released by Level Eye to any party other than the Client or those identified i n writing by the Client as authorized to receive the Objects or information regarding the Objects, or as otherwise required by law or as reasonably necessary to Level Eye's attorneys, advisors, accountants, insurers, and brokers.
Client agrees that it will protect and keep confidential the terms and conditions of this Agreement and any other information obtained from Level Eye in connection with this Agreement that is identified as confidential or proprietary or that, given the nature of such information or the manner of its disclosure, reasonably should be considered confidential or proprietary.
7. Governing Law and Disputes
Disputes arising from this Agreement will be resolved in the state or federal courts located in Multnohmah County, Oregon, and Client consents to be subject to the jurisdiction of these courts.