Terms and Conditions


LIMIT OF LIABILITY

High Art LLC (hereinafter "the Company") is not responsible for risk for goods shipped or stored (hereinafter “the Property”) by the Company, and the Company’s liability is limited in the event the Property’s condition is altered from it’s original state, the means of which includes but is not limited to damage (accidental or malicious), theft, fire, explosion (even if not followed by a fire), water damage, flood damage, lightning, aircraft damage and natural catastrophe, to the Property detailed herein, except when it is being packed or unpacked by the Company’s employees, contractors, or third party “Connecting Carriers”. The company’s client (hereinafter "the Customer"), including the Shipper, Consignee, the Property owner, their representatives, sales consignees, managers, employees, agents as represented by the undersigned Shipper and Consignee, who each certify they are authorized to sign on behalf of the Customer, agree the the Company is not responsible for risk and liability is limited to the declared value. Unless The Company receives specific instructions to insure the Property on behalf of the Customer, and a value is expressly declared by the Customer in writing, and a fee is paid to the Company for "All Risks" insurance (as described herein) prior to the Property being released to the Company, the Customer discharges the Company’s liability subject to a limit of $149, regardless of the number of items or their purchase price. On signing, both the Shipper and Consignee discharge the Company’s liability subject to a limit of $149, unless a greater value is declared in writing prior and a fee paid to High Art LLC.

CLAIMS

All claims regarding loss or damage of any kind must be submitted to High Art LLC in writing within 48 hours of the time of final delivery of the property by High Art LLC. Claims not submitted within 48 hours will be deemed waived by the customer. Should any claim in an amount which is in excess of the foregoing limit of liability be asserted against High Art LLC, both the shipper and consignee agree to hold High Art LLC harmless against any such claims of loss or damage, including claims of negligence. The aforesaid terms and conditions and limitations apply to and for the protection of High Art LLC and its service agents, employees, and independent contractors.

CUSTOMERS' ALL RISKS OF PHYSICAL LOSS OR DAMAGE EXTENSION COVER

Subject to High Art LLC having received specific instructions to insure the Property Insured on behalf of the customer ("The Insured" for the purpose of this extension), this Insurance covers: "All Risks" of physical loss or damage subject to the terms, exclusions and conditions set out below which includes but is not limited to damage (accidental or malicious), theft, fire, explosion (even if not followed by a fire), water damage, flood damage, lightning, aircraft damage and natural catastrophe, to the Property Insured detailed herein.

ATTACHMENT AND TERMINATION

Coverage to attach where and when High Art LLC agrees to accept insurance cover or responsibility for the Property Insured and coverage to terminate where and when High Art LLC agrees to terminate such risk or responsibility or on delivery to the final destination, as determined by High Art LLC. In the event that High Art LLC accepts a transport risk that continues beyond the expiry date of this contract of insurance then the insurance for that/those risk(s) shall continue until High Art LLC agrees to terminate such risk(s) or responsibility or on delivery to the final destination, as determined by High Art LLC.

EXCLUSIONS

This Insurance does not cover the following: 1 . Breakage of picture glass, but damage done by such broken glass to the property hereby insured is covered hereunder. 2. Wear, tear, gradual deterioration, moth, insects, vermin, inherent defect or any pre-existing condition of the Property Insured. 3. Any loss or damage caused by or resulting from work done in the course of any refinishing, renovating, repairing, restoring, reframing or similar process. 4. Loss, damage or expense attributable to the wilful misconduct of the Insured. 5. Loss or damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not) civil war, rebellion, revolution, insurrection, military or usurped power of confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority. 6. In no case shall this contract of insurance cover loss damage liability or expense directly or indirectly caused by or contributing to by or arising from: (a) ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel. (b) the radioactive, toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof (c) any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. 7. Damage to temperature controlled artworks caused by electrical and/or mechanical failure UNLESS CAUSED BY a peril insured hereunder or by the negligence of or by a malicious act of an employee of High Art LLC or their sub-contractors and agents not being a Director of Officer of High Art LLC. 8. Mechanical or electronic derangement of kinetic artwork, powered artwork, clocks, scientific instruments, computers and hifi equipment unless the loss or damage arises as a direct consequence of a peril not excluded under this insurance Basis of Settlement A. The "Value" on which settlement for total loss will be based shall be agreed values as declared by the Customers). In no event will the Underwriters be liable for more than the sum insured declared in this Insurance for the Item or shipment. B. In the event of partial loss of or damage to any item insured hereunder, the amount of loss shall be the cost and expense of restoration, conservation, mitigation or stabilization plus any resulting depreciation in value but not exceeding the cash value of that item (s).

WAIVER OF SUBROBATION

in the event of loss or damage for which Underwriters have agreed to pay High Art LLC's customer under this insurance, Underwriters agree to waive all rights of subrogation against High Art LLC, their sub-contractors, their Directors, officers, Employees, Representatives or Agents. This Waiver however shall not apply to any Airline,

ANCILLARY COSTS

In respect of all claims under this “All Risks” section of this Insurance, in case of any imminent or actual loss or misfortune, the Insured, his or their factors, servants and assigns, shall sue, labour and travel for, in and about the defence, safeguard and recovery of the said goods and merchandise, or any part thereof, without prejudice to this insurance; to the charges whereof the Insurers will contribute according to the rate and quantity of the sum hereby insured; nor shall the acts of the Insured or of the Underwriters in recovering, saving and preserving the Property Insured, in case of disaster, be considered a waiver or an acceptance of abandonment always subject to Underwriters total liability not exceeding the sum insured hereunder as determined by the Basis of Settlement above.