Minnesota Street Project Art Services
Terms and Conditions
These Terms and Conditions shall govern all transactions between Minnesota Street Project, LLC, D/B/A Minnesota Street Project Art Services (“Us”) and Our clients (“You”) and shall be incorporated by reference into any and all bills of lading, transportation order, and/or storage agreements between Us and You.
- Limits of our Liability. Unless You purchase additional insurance from Us pursuant to separate written agreement, Our maximum liability for loss of or damage to any item handled or stored by Us by any cause, excluding Our negligence (defined as Our failure to exercise the degree of care a reasonable person in similar circumstances would employ to prevent harm or loss) or willful misconduct, is limited to the lesser of $0.60 (sixty cents) per pound as determined by actual weight of unwrapped goods or $100 per item. You hereby waive all claims against Us for any such loss, damage, or liability, and the cost and expense of defending against claims relating thereto, in excess of such limits. Should any claim in an amount in excess of the foregoing limits of liability be asserted against Us by a third party for loss or damage to Your property, You agree to indemnify, defend, and hold Us harmless as against each and every such claim, irrespective of the cause of such loss or damage, except i) in event of Our negligence or willful misconduct; and ii) that Your insurance carrier(s) shall have the right to make any claim against Us that You would otherwise have the right to make pursuant to these Terms and Conditions. In addition to the limits set forth herein, You agree that We shall have no liability whatsoever for any loss of or damage to Your property due to: (i) acts of war or terrorism; (ii) earthquake, flood, or other natural disaster or severe weather; (iii) Your negligence, including Your failure to properly wrap or pack Your property; (iv) deterioration due to defects in construction or workmanship, normal wear and tear, normal wear-out or obsolescence of any component or material, or the effects of any contaminant or infestation present in Your property prior to it being in Our possession; or (v) any cause whatsoever when Your property is not in Our possession or under Our reasonable control. In no case shall We be responsible to You for any consequential damages, including but not limited to loss of use, income, or market or any claim other than or that exceeds the actual cost to repair or replace Your property.
- Claims for Loss or Damage. You must make any claim for loss or damage to Your property in writing to Us within 30 (thirty) days of Our delivery of Your property to You or a party You designate and You must allow us to inspect any property subject to a claim against Us within 15 (fifteen) days of Our receipt of a claim by You. We will not pay any claim to You until all charges for services and/or storage owed by You to Us have been paid.
- Failure of Delivery. In the event that We are unable to deliver Your property as directed by You, we may, at our discretion and upon notice to You, reattempt delivery, retain and store Your property, or return Your property to You. Unless such a failure of delivery is due to Our negligence, You shall pay Us for the initial delivery attempt, and, at our then prevailing rates, for any additional services We provide You due to such failure. In no case shall We be liable to You for any consequential damages, including but not limited to, loss of use, income, or market, arising from Our failure to make timely delivery of any of Your property.
- General Lien. We shall have a general lean on any and all of Your property in Our possession for charges due Us for any and all services provided by Us to You and amounts advanced by Us on Your behalf, including the costs of collecting such charges from You. We shall have the right to retain any of Your property until delinquent amounts owed to Us by You are paid in full. If You do not settle such delinquent charges within 180 days of our first notice to You of delinquency, and provided that we make at least two additional notices of delinquency to You within 90 days of the first such notice, We shall have the right to dispose of Your property in any lawful manner, including public or private sale of such property, with no additional notice to You. If We sell Your property in settlement of this lien, We shall first apply sale proceeds to any amounts owed by You to Us, including reasonable interest, storage, transportation, and sale expenses, and then remit any remaining amount to You. You shall remain liable to us for any amounts owed by You to Us not recovered by such sale.
- Ownership of Property. By tendering property to Us, You warrant that You are the rightful owner of such property or have been granted the right to tender the property to Us and contract for services with Us by the rightful owner of the property. You agree to hold us harmless from any and all claims arising from disputed ownership of any property you tender to Us.
- Reasonable Discretion. Unless otherwise instructed, in advance, by You, We shall use reasonable judgment in determining appropriate storage conditions and handling methods for Your property and we shall have no liability to You for loss or damage provided we are not negligent. In exercising such judgment, we may depend on Your disclosures about and descriptions of Your property, and We shall have no liability to You or any third party if such disclosures or descriptions are false or materially inaccurate and such falsehood or inaccuracy results in any loss of or damage to Your property for any reason including acts or omissions by Us that could otherwise be deemed negligent.
- Reliance on Estimates. Any estimate provided by Us to You is for informational purposes only and depends on the accuracy of information provided by You. Unless We have agreed, in advance and in writing, to a fixed or maximum charge for any services provided to You, Our actual charges may be greater or less than Our estimates and will reflect actual time spent, material used, and third-party services engaged by Us to provide the services You request, the actual number of items, dimensions, and other attributes of Your property, and any other factors that influence our cost to provide service to You per Your requests. We will use reasonable commercial effort to inform You when We have reason to believe actual charges will exceed estimate(s) provided to You. However, Our failure to provide such notice shall not, under any circumstances, constitute a valid basis for disputing any such charge(s).
- Governing Law. These Terms and Conditions shall be construed and interpreted in accordance with the laws of the State of California.