Shipping Terms and Contract for Services

In this agreement the term “shipper” refers to the person or company releasing/tendering the shipment(s) for packaging, delivery, storage or shipping to TAOS CRATING LLC. The term “carrier” refers to the shipping company hired to transport the shipment(s) to the shipper/consignee. The term “consignee” refers to the person or company receiving the item being packaged, delivered, stored or shipped. The term “shipment” refers to all item(s) tendered by shipper/consignee to TAOS CRATING LLC, being packaged, shipped, delivered or stored by TAOS CRATING LLC. From time to time, shipper/consignee may be the same person or company. This shipping agreement constitutes the full and complete agreement by and between Certified Packing & Crating, Inc. (TAOS CRATING LLC), shipper, and consignee and supersedes all prior/subsequent representations, written or oral. Any representation made, written or oral, other than this agreement, will not constitute an agreement made or adopted by TAOS CRATING LLC.

SHIPMENTS:

Certified Packing & Crating, Inc., known in this contract as “TAOS CRATING LLC”, reserves the right to refuse any shipment. TAOS CRATING LLC reserves the right to inspect all shipments. TAOS CRATING LLC will not accept hazardous materials, illegal items or contraband. TAOS CRATING LLC shall not be held liable, or responsible for any further damage to items showing signs of, or having preexisting damage, wear or tear. Shipper understands the fragile nature of shipping antiques and fine arts and agrees that TAOS CRATING LLC shall not be held liable for any damage caused as a direct result of shipping, delivering or transporting such items. Shipper/consignee understands the fragile and unstable nature of moving or shipping items comprised of partial/press board and agrees that TAOS CRATING LLC shall not be held liable for any damage caused as a direct result of shipping, delivering or transporting such items. Shipper/consignee agrees to the stated weights and dimensions and agrees to pay any and all charges resulting from incorrect weights or additional charges incidental to the nature or description of the item being shipped. Such incidental charges could arise from but are not limited to any of the following: NMFC (National Motor Freight Classification) class adjustment, dimensional weight adjustment, declared value adjustment and nonpayment of shipper/consignee supplied third party billing information.

CARRIERS/TRANSPORTATION:

Shipper/Consignee has been informed and understands that TAOS CRATING LLC contracts common carriers for shipments being shipped, and that TAOS CRATING LLC shall not be held liable for any damage or loss caused by any carrier other than TAOS CRATING LLC, nor shall TAOS CRATING LLC be held responsible for choosing such carrier(s). Items traveling under this shipping contract and subsequent bill-of-ladings are subject to the terms and conditions set forth by TAOS CRATING LLC and the terms and conditions set forth by the carrier contracted to carry/deliver this shipment. Shipper/consignee shall not hold TAOS CRATING LLC liable for a carrier’s failure to make timely delivery on any specified delivery date. Any statement by TAOS CRATING LLC as to a probable date of delivery by the carrier is a statement of opinion and estimate only, and is not warranted nor guaranteed in any manner. Shipper/Consignee shall not hold TAOS CRATING LLC liable for any consequential, incidental, or punitive damages, nor any loss or damage resulting from delays in shipping or delivery. Shipper/consignee providing their own transportation source shall be fully responsible for all charges incurred with provided transportation carrier. Shipper/consignee providing third-party billing information as a means to secure transportation for freight shall be fully responsible for all charges incurred with supplied carrier. In the event TAOS CRATING LLC is billed for transportation charges resulting from the non-payment of a third-party billing provision, shipper/consignee supplying such third-party billing information agrees to be fully responsible for all unpaid charges plus any costs or damages incurred by TAOS CRATING LLC as a result of such non-payment.

DECLARED VALUES/LIMITS OF LIABILITY:

TAOS CRATING LLC shall not be held responsible for any values stated on shipments not declared in writing nor values exceeding any written declared value. Declaring a value on this shipping order does not constitute the purchase of insurance nor is it implied that insurance has been purchased. Shipments with multiple items will be subject to pro-rata on the declared value not to exceed the limits set forth in this paragraph. TAOS CRATING LLC shall not be held liable for any incidental expenses resulting from a loss or damage. i.e.. Attorney’s fees, loss of profits or depreciation. Any and all fine art or original art claims are subject to verification of authenticity and appraisal. Shipper/consignee acknowledges that the value of this shipment does not exceed the stated declared value by shipper/consignee. TAOS CRATING LLC’s liability on any shipment shall be limited to the actual cost to shipper/consignee of such shipment not to exceed the limits set forth in this paragraph. Shipper/consignee agrees to mitigate all costs of replacement to actual costs incurred by shipper/consignee and not hold TAOS CRATING LLC liable for any loss of profits nor intrinsic or depreciated values in the event of such loss. In the event of any loss or damage to original art, “one-of-a-kind” antiques, prints, electronic equipment, or items of unusual nature, all values will be subject to appraisal and shipper/consignee agrees to limit TAOS CRATING LLC’s liability in such loss to the lesser of .50 per pound or $500.00. Shipper/Consignee agrees to hold TAOS CRATING LLC faultless for any damage to any internal components of electronic equipment including, but not limited to, computers, robots, items of scientific nature, test equipment, manufacturing equipment, monitors, and household electronics, as a direct result of packaging, transportation, and/or shipping such items. Shipper/Consignee agrees to hold TAOS CRATING LLC faultless for any packaging decisions made by TAOS CRATING LLC absent the provision of written packing instruction supplied by Shipper/Consignee.

CLAIMS:

No Claims, on items shipped, will be accepted on any damaged or missing items without the original packing material. No claims will be accepted on any damaged or missing items not disclosed within 5 (five) days of receipt of shipment. TAOS CRATING LLC, if requested to, holding the right to decline such request, for a fee, will file all necessary paperwork on claims for damage against a carrier. TAOS CRATING LLC reserves the right to waive any or all claim filing fees on any one shipment. TAOS CRATING LLC, if requested to, holding the right to decline such request, will act as an agent only for the shipper/consignee on such claims. TAOS CRATING LLC, while acting as such agent assumes no liability express or implied for the outcome of such claims. Claims for damaged shipments will not be processed or released until all shipping and packaging charges have been paid in full. Any and all outstanding charges owed to TAOS CRATING LLC will be deducted from any claim settlements. Shipper/consignee agrees to hold TAOS CRATING LLC faultless for any damage caused by any carrier other than TAOS CRATING LLC. Shipper/consignee agrees to hold TAOS CRATING LLC faultless for any decision made by a carrier or insurance provider regarding payment of any claim. Shipper/consignee may dispute any decision made by a carrier directly with that carrier. TAOS CRATING LLC shall not be held liable for any shipment packaged by anyone other than TAOS CRATING LLC and reserves the right to refuse such shipments contingent inspection. Shipper/Consignee agrees to mitigate all claims for damage or loss and agrees that claims are not to be a source of profit and that a maximum of only actual costs of replacement or repair, which ever is the lesser of the two, will be paid on any claim subject to paragraph four (Limits of Liability) of this contract. Shipper/Consignee acknowledges the fragile nature of certain items and the possible dangers involved in the course of packaging, shipping or delivering such items, and that damage may occur. In the event of any damage, shipper/consignee agrees to pay any and all deductibles resulting from such claims for damage. TAOS CRATING LLC may request and shipper/consignee agrees to provide any documentation deemed necessary to establish and support amounts claimed for damage. TAOS CRATING LLC will not consider claims for damage on previously damaged items and filing a claim for such damage shall be considered an act of fraud against TAOS CRATING LLC and its insurer. Providing false, incomplete, inaccurate or misleading information to support a claim is fraud and may result in the immediate forfeiture of such claim, dismissal of such claim, or criminal action.

QUOTATIONS/ESTIMATES:

Shipper/consignee agrees that all quotations/estimates provided by TAOS CRATING LLC on any service(s) provided by TAOS CRATING LLC are estimates only until such services are completed or shipment(s) is packaged/crated, classed, weighed for final charges.

PAYMENT TERMS:

All charges due TAOS CRATING LLC are payable upon pick-up of all shipments unless otherwise agreed to in writing. This work order shall constitute shipper/consignee(s) complete agreement to pay any and all charges incurred in the packing, shipping and delivery process. TAOS CRATING LLC reserves the right to retain any shipment for payment of accrued charges. All unpaid charges older than 15 days are subject to a $25.00 late fee and 1.5% monthly finance charge with a $15.00 minimum finance fee. Shipper/consignee shall be responsible for all charges unless another agreement is made in writing. TAOS CRATING LLC does not offer a COD collection option, all charges due TAOS CRATING LLC must be paid in full prior to shipment leaving TAOS CRATING LLC property unless otherwise agreed to in writing. TAOS CRATING LLC shall be granted and hold a lien on all property shipped, packaged or crated until all charges are paid in full. Shipper/consignee agrees to hold TAOS CRATING LLC faultless for and pay all charges resulting from incorrect shipping information supplied by shipper/consignee.

STORAGE OF SHIPMENTS:

All shipments received by TAOS CRATING LLC from Shipper/Consignee shall be packaged and prepared for immediate shipment. A storage fee of $10.00 (ten dollars) per day will be assessed to each crate, box, pallet or other such packaged shipment remaining in our facility for more than 3 business days from the shipment ready date. The shipment ready date is determined by the date that the shipment has been crated, packed or prepared and is ready for departure from TAOS CRATING LLC’s facility.

Rev11/14/05