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Aiston Fine Art Services
Phone: 212-715-0629
Fax: 718-361-8569
info@aistonart.com

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Comprehensive Fine-Art Handling Solutions
terms

AISTON Fine Art Services

AISTON LLC, 69 Highfield Ave, Port Washington NY 11050
Tel: 212-715 0629 Fax: 212-838 6982 email: mark@aistonart.com

  1. DEFINITIONS
    A. “Company” means Aiston LLC.

    B. “Depositor” means any person or entity at whose request or for whose benefit the Company undertakes any business or for whom or to whom the Company provides any services, advice, information or consultation.

    C. “Goods” means the means the property, including without limitation all packaging, containers and equipment pertinent to that property, to which these Terms and Conditions relate.
    2. SCOPE OF TERMS AND CONDITIONS
    Any and all activities of the Company are undertaken subject to the terms and conditions set forth herein.
  2. DEPOSITOR'S REPRESENTATIONS AND AUTHORIZATIONS
    The Depositor represents and warrants to the Company:
    a. He, she or it owns and/or is in lawful possession of the Goods.
    b. He, she or it has full and lawful authority to engage the services of the Company in regard to the Goods.
    c. Possession of, transporting of, or transactions in connection with, the Goods is not prohibited by any laws, rules or regulations of any governmental or similar authority or sovereign which may pertain thereto.
    d. The Goods are not and shall not be dangerous, hazardous, damaging, toxic, organic, perishable or likely to encourage vermin or other pests or likely to cause or transmit infectious, contagious or other disease or liable to taint or affect other goods unless Depositor expressly disclosed same in writing to the Company prior to engaging the Company's services and the Company expressly has acknowledged that disclosure in writing and agreed to perform services in connection with the Goods.
    e. He, she or it has or shall have, before the commencement of the Company's services, provided a full and accurate description of the Goods.
    f. Upon the Company's receipt of the Goods, the Goods shall have been properly and safely and lawfully prepared, packed, stowed, labeled and marked for all circumstances contemplated by the services requested of the Company and all services that the Company may foreseeably render in connection with those services and regarding the Goods. In the event that the Goods are received by the Company already stowed in a container, trailer, tanker or other similar device used or to be used for the carriage of property by land, sea or air (“Transport Unit”), the Transport Unit is in good and safe condition, is suitable for the transportation, storage and/or carriage of the Goods to their intended or any other destination and the Goods have been properly, safely and lawfully stowed in the Transport Unit.
    g. In the event that the Company's services include collection and/or delivery of the Goods, there shall be full, safe and lawful access for the Company to the Goods to collect and to deliver the Goods and collection or delivery of the Goods shall not be refused.
    h. The Depositor's address is that shown on the face of this document and the Company is authorized to rely upon it for all purposes until seven (7) days after a written change of address notification is given to the Company by or on behalf of the Depositor and acknowledged by the Company in writing.
    i. The Depositor has obtained full and adequate insurance coverage regarding the Goods, either from the Company or independent of the Company and that insurance is in full force and effect and shall remain in full force and effect until the complete termination of the Company's services.

    The Depositor grants the Company the right to open and/or inspect the Goods for the purpose, inter alia, of determining (i) the Depositor's compliance with its representations (ii) compliance with applicable laws and regulations, (iii) in the interests of health, safety and security and (iv) for any other lawful purpose. In the event that such inspection discloses any violations of the Depositor's representations, violations of law or regulations, or threats to health, safety or security, the Company shall be entitled, in its sole discretion, to refuse to undertake the requested services, to dispose of the Goods immediately without obligation to compensate the Depositor or anyone else, or to take any actions it deems reasonable, necessary or fitting. The Depositor authorizes the Company to subcontract or to engage agents or independent contractors (i) to undertake any and all services requested by the Depositor or (ii) to perform services that in the sole opinion of the Company are necessary or desirable in connection with or to undertake services requested by the Depositor or (iii) to perform services that in the sole opinion of the Company are necessary or desirable in the performance of its obligations or in the interests of the Depositor.

    The Depositor shall indemnify, hold harmless and defend the Company against any and all claims, damages and losses arising from or claimed to arise from (i) any violations of Customer's representations, (ii) the Company acting in accordance with the Depositor's instructions or requests, and (iii) any negligence or other acts or omissions of the Depositor or its agents.
  3. COMPANY'S REPRESENTATIONS
    The Company represents and warrants to the Depositor:

    a. It shall undertake the services that the Depositor requests of it and that the Company agrees to undertake in a commercially reasonable and workmanlike fashion but nothing herein shall make the Company a guarantor of the Goods or their safety nor be construed as placing on the Company any duties or responsibilities other than those it specifically agrees to bear.

    b. In the event that the Company's services include transport or arranging transport of the Goods, it shall undertake such services with reasonable dispatch but shall not be bound to transport the Goods by any particular deadline and shall bear no liability for not doing so. Time shall not be of the essence regarding the transport of the Goods unless specifically so agreed by the Company in a writing that sets so provides and that provides a particular date for completion of transport.

    c. In the event that the Company subcontracts any portion of the services that the Depositor requests of it and that the Company agrees to undertake, it shall do so in a commercially reasonable manner. In the event that the Company so subcontracts, it will be doing so only as an agent for the Customer and will bear no liability for any acts or omissions of that subcontractor.
  4. PAYMENT
    A. The Depositor shall pay all amounts invoiced to it by the Company within thirty (30) days of the date of the applicable invoice. The company reserves the right to levy against all amounts unpaid thereafter interest at the rate of 1.25% monthly, in no event shall such interest exceed the maximum amount allowable by applicable law and in the event such interest so exceeds such maximum amount allowable by applicable law, all such amounts shall bear interest at the highest rate allowable under applicable law.

    B. It being understood that in the event that Depositor postpones or cancels the services requested of the Company actual damages would be difficult to ascertain, Depositor shall be liable to the Company for liquidated damages of 15% of the Company's charges in the event that the Depositor notifies the Company of a postponement of its services less than 5 business days of the scheduled start of such services, 25% of the Company's charges in the event that Depositor notifies the Company of cancellation of its services 5 or more business days before the scheduled start of such services and 50% of the Company's charges in the event that Depositor notifies the Company of cancellation of its services less than 5 business days before the scheduled start of such services.

    C. The Depositor shall be obligated to pay to the Company, whether or not invoiced, all amounts owed by it to the Company for, inter alia, the Company's services and expenses, including without limitation, the full fees and charges for (i) any and all of the Company's services, (ii) any and all charges for insurance requested by the Depositor, (iii) any and all amounts advanced, paid or owed by the Company to third parties for the account of the Depositor or in connection with services rendered to or for the Depositor, (iv) any and all liquidated damages, (v) any and all freight, duty and other costs and obligations to the extent not paid by a consignee or other third party, (vi) any and all labor, materials and services obligations, and (viii) any and all other costs, fees, expenses, charges and obligations of any kind whatsoever (all of the foregoing are the Depositor's Payment Obligations. The Depositor shall be responsible for and shall indemnify the Company for and against all Depositor's Payment Obligations without set-off and all of the Company's costs of collection of Depositor's Payment Obligations, including without limitation all reasonable attorney's fees.

    D. In the event that, as a result of or in connection with any of the services rendered by or requested of the Company, the Company incurs costs or expenses, including without limitation attorney's fees, regarding or in connection with (i) any claims made against the Company by a third party as a result of or in connection with any of the services rendered by or requested of the Company, (ii) the Company's appearance in any action or proceeding as a plaintiff, petitioner, defendant or respondent, or (iii) to enforce its rights regarding these terms and conditions or any other of its rights arising from or claimed to have arisen from with any of the services rendered by or requested of the Company or to defend itself as a result of or in connection with any of the services rendered by or requested of the Company, shall be responsible for and shall indemnify the Company for and against all such costs.
  5. THE COMPANY'S LIABILITY AND LIMITATIONS OF DAMAGES A. The Company shall not be liable for any loss of, injury to or damages to or regarding the Goods or any acts or omissions of the Company or any subcontractor of the Company unless such loss, injury or damage resulted from the failure by the Company to exercise such care in regard to the Goods as a reasonably careful person would exercise under like circumstances and the Company shall not be liable for such loss, injury or damages which could not have been avoided by the exercise of such care. In no event shall the Company be liable for any consequential, special, exemplary or punitive damages, all of which are waived by Depositor. Additionally, and without limiting the foregoing and notwithstanding any other provisions hereof or any other agreements between the Depositor and the Company, the Company shall not be liable for any such loss, injury or damages or any acts or omissions of the Company or any subcontractor of the Company as a result of or claimed to be a result of or arising from or claimed to be arising from: 1. acts of war, insurrection, terrorism, labor troubles, strikes, acts of God or the public enemy, riots, the elements, weather, street traffic, elevator service or any other causes beyond the reasonable control of the Company, 2. fragility of the Goods, including without limitation injury or damage to mechanical, electrical or electronic functioning of the Goods, including but not limited to musical instruments, radios, phonographs, compact disc players and recorders, tape players and recorders, televisions, cameras, clocks, barometers, refrigerators, air conditioners or other like instruments and appliances, and 3. inherent vice or perishability of the Goods, insects, vermin, pests, moths, rust, fire, water, temperature, fumigation or deterioration. B. Without limiting the generality of the foregoing, in no event shall the Company be liable for any loss of, injury to or damages to or regarding documents, stamps, securities, jewelry, precious metals, artwork, precious and semi precious stones, bullion, specie, coins, antiques, human remains, livestock, pets, plants or other articles of high or unusual value or uniqueness unless a special arrangement has been made between the Depositor and the Company and evidenced by a fully executed writing regarding such items. C. The Company will not purchase or provide any insurance regarding the Goods or its services except upon express written request by the Depositor and payment thereof. In the event that the Company so purchases or provides insurance regarding the Goods or its services, the Company shall be doing so solely as agent for the Depositor. D. Notwithstanding any other provision hereof, in no event shall the Company be liable for any loss or damage to the Goods in an amount greater than 60¢ per pound of weight of the Goods or applicable part thereof, or $50.00 for the entire shipment or lot if the weight of the Goods is unknown or cannot be reasonably determined, provided, however, that such limits of liability may be increased on part or all of the Goods, in an amount to be determined, by written agreement executed by the Depositor and the Company prior to the rendering of services by the Company and by accompanying increase, in an amount to be determined, of the fees to be paid to the Company. E. As a condition precedent to recovery, claims by the Depositor and all other persons must be presented in writing to the Company (“Notice”) within a reasonable time but in no event longer than 60 days following the completion of the Company's services or the date on which the Depositor knew or should have known of such injury or loss, whichever is earlier. No action may be maintained by the Depositor or any other persons for loss, injury or damages or any acts or omissions of the Company or any subcontractor of the Company unless such Notice has been timely given and unless such action is commenced within nine months after the date of delivery of such Notice. The Company shall have the right to inspect and repair any allegedly damaged items. F. The Depositor assumes all risk of destruction, loss or damage to the Goods due to fire, theft or other casualty from the date that it requests the Company's services until the Goods are delivered to or taken into the possession of the Company, and after the Goods are delivered to or taken into the possession of the Depositor or its agent.
  6. THE COMPANY'S LIEN
    The Company shall have, and the Depositor hereby grants to the Company, a general, unlimited and unconditional lien upon the Goods. In the event that any of the Depositor's Payment Obligations, including but not limited to the Company's charges or fees, or any other amounts due to the Company by the Depositor or for the Company's services or for all funds advanced, paid or owed by the Company to third parties for the account of the Depositor or in connection with services rendered to or for the Depositor, are not paid in full when due, including without limitation all applicable interest, the Company is entitled to, but not obligated to, sell the Goods at public auction or private sale and to apply the proceeds of such sale first to the Company's sale expenses, then to interest and then to principal of all amounts due to it by the Depositor or for the Company's services. The Depositor waives notice regarding such sale and waives any and all objections to such sale except to the extent that it has not been conducted in a commercially reasonable manner.
  7. JURISDICTION AND LAW
    A. This Agreement shall be governed by and construed in accordance with the internal substantive laws of the State of New York, without regard to its choice of law principles (other than Section 5-1401 of the New York General Obligations Law). The Depositor and the Company shall submit to personal jurisdiction in the State of New York in any action or proceeding arising out of the services requested of or provided by the Company and the Depositor and the Company agree and consent that without limiting other methods of obtaining jurisdiction, personal jurisdiction over any of the parties in any such action or proceeding may be obtained within or without the jurisdiction of any court located in New York and that any process or notice of motion or other application to any such court in connection with any such action or proceeding may be served upon the parties by certified mail, return receipt requested, or by personal service. B. EACH OF THE PARTIES HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE DOCUMENTS DELIVERED IN CONNECTION WITH THIS AGREEMENT.
  8. CONTROLLING EFFECT OF AND MODIFICATION OF TERMS AND CONDITIONS
    A. These terms and conditions shall be deemed to be incorporated in any and all orders, requests or agreements between the Depositor and the Company and shall apply to all services rendered by or requested of the Company. These terms and conditions may be modified, amended or changed only in a writing executed by a duly authorized representative of the Company. In the event of a conflict between these terms and conditions and the provisions of any orders, requests or agreements between the Depositor and the Company, unless otherwise provided in such orders, requests or agreements between the Depositor and the Company, these terms and conditions shall control.
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