BY ACCEPTING THE SERVICES PROVIDED BY SHIPIST LLC, DBA ASSIST ART SERVICES, YOU EXPRESSLY AGREE TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH BELOW. THESE TERMS AND CONDITIONS MAY LIMIT THE SCOPE OF DUTIES, LIABILITIES OR OBLIGATIONS WHICH SHIPIST LLC MAY ASSUME OR UNDERTAKE ABSENT SEPARATE WRITTEN AGREEMENT. SHIPIST LLC RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
Definitions
Shipist LLC, a company organized and existing under the laws of State of CO maintaining offices at 12371 Mead Way, Littleton, CO 80125 and its employees are referred to as “Shipist”, ‘Us’, ‘We’.
“Property,” are items in whole or in part, in packed or unpacked state, that are tendered to Shipist for storage, transportation and other services subject to the terms set forth below and are referred to as ‘items’.
“Client”, “Shipper”, “Customer”, and “You” is the person(s), company or organization and/or its employee, agent and/or representative who retain Shipist to store, transport and perform services upon Property and then becomes liable to remit payment to Shipist for charges incurred.
“Declared Value of Property” is the value of the Property as declared by Client in storage, shipment, or other documents when engaging Shipist to provide the Services. Where Client fails to declare the value of Property, Property shall be deemed NVD. If “NVD” is marked on the documents provided by Shipist, then Shipist’s maximum liability shall be limited to as noted General below.
“NVD” is an acronym used to indicate that no value is declared for Property by the Client and therefore Client agrees that Shipist’s maximum liability shall be limited in accordance with these Terms and Conditions.
“Services” means handling, placement, transportation, storage, packing, crating or any other services Client requests and Shipist agrees to provide.
“Customs Documentation” means any materials relating to Customs, including, but not limited to, regulations, laws, and requirements pertaining to marking, classification, licensing, transporting hazardous materials, export controls, and any other transporting, importing, or exporting requirements.
“Consignee” or “Recipient” means the person or company receiving the Property from Shipist or its subcontractors or agents.
Assist Art Services is a dba of Shipist LLC.
Printing
We reserve the right to substitute similar papers if there is a shortage or based on availability. Substituted papers will have comparable thickness, texture, and finish. You may opt out of having us substitute papers by letting us know your preference in writing.
Once a sample is approved, further changes cannot be made. If you need to make a change to a piece that was previously approved, we’ll need to get a new round of proofs approved. If you choose to skip samples, we can’t guarantee that the final pieces will match your color or value expectations.
Color matching metallic and fluorescent pigments can’t be guaranteed.
If your prints and products are damaged or lost in shipping, we offer reprints at 50% off. You can optionally choose insurance for 2% of the cost of the prints and products. If you choose to insure, we will replace damaged or lost prints and products at no cost. What is considered damaged is at our discretion. To receive replacement product, you will need to provide required documentation, including photos of the packaging and damaged product. Items are considered lost once the carrier deems them lost. Carriers and services have various lost periods ranging from 14-75 days.
Color correcting and editing is billed at our current hourly rate. If you would like to work with employees on color or formatting, you will need to schedule an appointment ahead of time. Color correcting is not guaranteed if the original is not present.
Proofs for image capture are produced at a small sample size. If you’d like to review a larger proof, the cost per proof is 50% off of a normal print at that size.
We complete most print orders that are $250 or less within three business days. Orders that need to be printed and shipped within 3 days or less are considered rush orders and incur a 25% rush fee for 2 day service and 50% for 1 day service. Contact Shipist to check availability.
Wood grain and tone can vary from frame to frame and exact appearance isn’t guaranteed.
If you need to make a change or cancel an order, contact us as soon as possible. Once the order has begun production it cannot be changed. Orders cannot be canceled once printing begins.
Prices are subject to change without notice.
We don’t hold orders for your customers to pick up at our shop or communicate directly with your customers.
Shipist can prep files at various sizes as needed at no charge if the artist has a consistent border choice, is fine with Shipist cropping as needed, and has no additional editing requirements. Other prep can be done by the artist or by Shipist at our current hourly editing rate.
The Recipient is responsible to fully inspect the final, shipped Products carefully and immediately upon arrival, and declare any and all defects, non-conformances or damages, immediately. The customer must notify Shipist, by contacting its customer service team either in writing (including by email) or by telephone, about any alleged defects, non-conformances or damages within 14 days after receipt of the Products.
You retain all copyrights and ownership of your images. Shipist may store your files for the use of printing your work. At your request, Shipist can delete all files. Shipist may also use your images to showcase work we’ve done on social media or our website, though you may opt out of this.
Health & Safety
When using the Shipist self-service stations, hazards such as box cutters and heavy objects exist. Customers agree to exercise caution and their best judgement while using Shipist equipment. Customers agree to take responsibility for their own actions and to not hold Shipist responsible for any injuries they sustain while using the Shipist facilities and equipment. The facilities and equipment are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, warranties of merchantability or fitness for a particular purpose.
Shipist reserves the right to require all unvaccinated customers to wear a mask at all times while on Shipist property or while using Shipist facilities. Mask mandates and other COVID precautions will vary based on local regulations and the latest guidance from the CDC, and Shipist will take additional precautions as required.
Shipping
Shipist uses third parties to ship the Products. As such, you agree as follows:
You agree to timely provide a final address for each Shipment. We will hold Property waiting for an address or additional information for up to two weeks at no charge. You will automatically incur a storage fee based on the size of the pieces will after the 2 week hold period.
Shipping rates are based on the dimensions, insurance value, and address information entered. If any of these have an error, it’s possible that additional charges may apply after the items have been shipped.
If an item is unable to be delivered, it may be returned to Shipist or to you depending on the origin address that you selected. If delivery couldn’t be made for a reason that the carrier deems valid, resending the package will incur additional charges. This is entirely at the carrier’s discretion. You agree not to hold Shipist liable for such additional charges.
You may optionally purchase insurance on shipped items. Shipist cannot guarantee the availability or pricing of any insurance provided by third-party shipping services.
For FedEx, UPS, or USPS, you can get up to $1,000 of insurance on each package containing artwork. FedEx and UPS include $100 of insurance at no additional cost. If you want additional insurance, you must secure it separately through a third party that you locate prior to shipping.
Shipist does not offer insurance on glass.
Shipping insurance is made available by a third-party insurance company and is not provided directly by Shipist.
The insurance amount that you purchase is the maximum payout that you can potentially receive.
You must provide Shipist with the amount that you want to insure each package for. If a package contains multiple insured items, you must provide an itemized list.
It is your responsibility to justify the amount that you choose to insure for in case of a claim. For example, if you insure a collectible item for more than you originally purchased for, it is your responsibility to justify the higher amount.
In case of damage, be prepared to show proof of value, photos of the damage, and have the recipient keep the damaged packaging in case the adjuster wants to examine it. Be prepared to provide repair estimates or to get a statement from an appropriate company stating that repair isn’t possible.
If the item is going to be repaired, don’t do the repairs until the insurance adjuster gives permission.
In case of a lost package or damaged package, alert Shipist as quickly as possible and we will work with you to file the claim.
Shipist will assist with the insurance process but has no control over the final determination of the carrier and/or insurance provider.
You may optionally have Shipist package your items for you.
Most items will be packed within one business day.
Shipist will take the same care with your items as we would with our own property of comparable value. However, Shipist accepts no liability for damage to your items while packing.
Shipist packs items with great care and has very few damage claims. However, having Shipist pack your items may limit your insurance coverage. For damage due to packing. .
We will do our best to accommodate custom requests for how to package items. However, if you have us pack for you, we can’t guarantee that we will be able to accommodate your requests. If you have a certain way that you prefer items to be packed, the only way to guarantee they are packed that way is to use self-service.
If you are shipping an item that is unusually fragile or has special requirements, it is your responsibility to inform our staff. Shipist can’t guarantee that we are able to accommodate every type of special packing requirement.
If we are missing any needed information, Shipist will wait for you to provide it before shipping. Note: if you fail to timely provide the missing information as requested, you may incur storage fees beginning after Shipist has held the Product for more than 2 weeks.
Shipist doesn’t support shipping alcohol, temperature-controlled items, CBD, firearms, illegal, or hazardous materials.
If you ship an item internationally, Shipist will assist as much as we are able. However, every country is different and we are not experts in customs. It is your responsibility to make sure that you are complying with international shipping requirements.
When shipping internationally, your recipient may have to pay additional customs and duties to receive their item.
When shipping internationally, Shipist may not be listed as a “known shipper” on any Customs documents. It is your duty to provide Shipist with all information necessary to comply with all United States Customs and Border Protection rules, regulations and laws. All penalties incurred for non-compliance shall soley be your responsibility. Furthermore, you understand that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements; for violation of any United States Laws on exportation, including but not limited to 13 USC §305, 22 USC §401, 18 USC §1001, and 50 USC App. 2410; or for the violation of export laws of other countries.
Storage
INSURANCE: Shipist does not insure Client’s Property and Shipist is not an insurance broker. You may arrange for insurance to be purchased through an insurance broker of your choice, at your expense, at a premium based on the value of Property but Client will be required to sign a Waiver of Subrogation against Shipist if required to do so by insurance carrier.
NOTICE OF DAMAGES, CLAIM AND FILING OF SUIT INVOLVING STORAGE AND/OR SERVICES: With respect to Property in storage and/or upon which Shipist performs Services, Client shall notify Shipist in writing of all damages within twenty-four (24) hours after discovery of damage to Property, but in no event more than three (3) days after receipt of Property. Claims by Client and all other persons must be presented in writing to Shipist within 30 days after date of delivery by Shipist. Any action or lawsuit brought against Shipist involving storage or services must be commenced within one (1) year of the date of delivery or the date that the damages to Property were discovered (whichever is sooner). Notwithstanding any provisions to the contrary, in no event will Shipist be liable for any claims of damage unless the Client, its agent or representative, opened Property when received from Shipist or its agents in the presence of video surveillance and has documented video evidence of damage to Property existing on receipt of same from Shipist.
Pickup & Delivery
TRANSPORTATION AND OTHER SERVICES: Shipist may be retained to perform transportation, logistics and ancillary services including, but not limited to packing, crating, installation, assisting with exhibitions, special projects, assistance at art fairs, and handling container loads. Estimates provided by Shipist are subject to change without notice and are not binding upon Shipist. Shipist may also act as an Agent for the Client and may arrange for carriage of the Client’s Property. If Client’s Property is not in Shipist’s care, custody and control, Shipist is acting only as the Client’s Agent and Shipist assumes no liability as a carrier and shall not be responsible or held liable by the Client for any loss, damage, expense or delay to the Property. Shipist shall never be regarded as an Ocean Freight Forwarder, NVOCC (Non-Vessel Operating Common Carrier), Indirect or Direct Air Carrier or Customs House Broker.
Shipping insurance purchased does not cover Shipist delivery or pickup. For example, if you purchase insurance for an item that is being shipped and have Shipist pick that item up from you to bring back to our shop for packing, the shipping insurance doesn’t cover damage incurred during the pick up, transportation from your location to Shipist’s facilities, or packing your items. If you would like to add insurance for that service, it is your responsibility to arrange third party insurance.
Image Capture
Shipist offers image capture services and provides resulting files to you.
The captured images are yours to keep and use as you see fit.
If you have us do color correction, Shipist will match colors to the point that the average person wouldn’t be able to tell the difference. However, 100% color matching isn’t guaranteed.
Shipist occasionally deletes files to free up storage and reserves the right to do so without prior notice. Your files will be available to you to download for a minimum of 30 days. It is your responsibility to download copies of your files. After 30 days, they may no longer be available.
General
LIMITATION OF SHIPIST’ LIABILITY: THE MAXIMUM LIABILITY OF SHIPIST FOR LOSS OR DAMAGE BY ANY CAUSE IS LIMITED TO $0.60 (SIXTY CENTS) PER POUND PER ITEM AS DETERMINED BY THE ACTUAL WEIGHT OF THE UNWRAPPED PROPERTY, BUT IT CANNOT EXCEED THE ACTUAL LOSS. SHIPIST SHALL NOT BE LIABLE FOR ANY CLAIM IN EXCESS OF $0.60 (SIXTY CENTS) PER POUND, PER ITEM, UNLESS THE CLIENT / SHIPPER DECLARES THE VALUE, PAYS AN ADDITIONAL CHARGE, AND DOCUMENTS ITS ACTUAL LOSS IN ACCORDANCE WITH THESE RULES. If the space provided for Declared Value on a bill of lading, warehouse receipt, occupancy agreement, services agreement or any other contract with Shipist is left blank, then is the value declared for Property is NVD. Should any claim in an amount in excess of the foregoing limits of liability be asserted against Shipist by a third party for loss or damage to Property handled by Shipist, Shipper / Client, agrees to indemnify and hold Shipist harmless as against any such claim. If you want to insure works for an amount in excess of $0.60 per pound, you need to list that amount on any agreements between you and Shipist and arrange third party insurance for that amount.
Shipist incorporates by reference, to the extent applicable, all benefits, defenses and exemptions of the Carmack Amendment 49 USC §14706 to the full extent applicable, including, but not limited to Shipist’s $.60 per pound limitation of liability and the two year limitation of time to commence an action if the Carmack Amendment is applicable. To the extent that the Carriage of Goods by Sea Act (“COGSA”) or the Harter Act, 46 U.S.C. § 30701 are applicable to the Shipment, Shipist herein incorporates by reference all benefits, defenses and exemptions of COGSA to the full extent applicable, including, but not limited to the $500 per package limitation of liability and COGSA’s one year limitation of time to commence an action. Shipist also incorporates by reference all benefits, defenses and exemptions of the Convention on the Contract for International Carriage of Goods by Road (“CMR”), the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12, 1929, and that Convention as further amended by Montreal Protocol Nos. 1, 2, or 4, including, but not limited to the limitation of liability to 17 SDR per kilogram for damage to property in those Conventions.CONSEQUENTIAL DAMAGES: Shipist shall not be liable for consequential, punitive or special damages, including, but not limited to, loss caused by delay, loss of revenue, income, profit, diminution of market value, utility and/or emotional distress, even if Shipist had knowledge that such damage may be incurred.
EXCLUSIONS: Shipist is not liable for loss or damage to Property due to: improper or inadequate packing or mislabeling by Shipper, its agents or employees or by third parties directed by Shipper, internal damage or concealed breakage, breakage of glass, mirrors, marble, stone, ceramic, works in plaster, uncured (not thoroughly dry) paintings, inherent vice, defect, weakness, wear, tear, gradual deterioration, moths, insects, rodents, vermin, pre-existing conditions, the fabrication, repairing, refinishing, renovating, framing, reframing, restoring or retouching process, internal mechanics or instrumentation, waxen, resinous, or viscous surface areas, excessively worn items, such as antiques in disrepair; uncured or unset varnish applied to furniture, mysterious disappearance, fire, lightning, windstorm, hail, hurricane, tsunami or other catastrophic weather events, explosion, earthquakes, floods, mudslides, collapse, burglary, theft, vandalism, malicious mischief, rust, oxidation, mold, directional orientation to which Shipper does not affix descriptive arrows in advance, extreme weather, changes in temperature or humidity, acts of God, pandemics and pandemic response or declaration of national emergency orders and government directives resulting in transportation delays, breakdown or mechanical defect of vehicles or equipment, faulty or impassable highways, civil disobedience, riots, strikes or lockouts, illegal or unlawful actions, loss or damage related to war, invasion, acts of foreign enemies or customs officials, rebellion, revolution, insurrection, military or usurped power of confiscation or conversion by any government, public or local authority, ionizing radiations, contamination by radioactivity from any nuclear fuel or waste, atomic or nuclear fission, radioactive, toxic explosive or other hazardous properties of any nuclear component, any weapon of war, biological or chemical weapons, terrorism, willful misconduct, consequence of war, invasion, acts of foreign enemies, hostilities, nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority, cyber-attack, damage caused by spoilage, contamination, deterioration, freezing, electrical and/or mechanical failure, damage to refrigerated and/or temperature controlled Property, damage caused by mechanical or electronic derangement on clocks, scientific instruments, computers, and hi-fi equipment, decrease in market value, leakage, loss in weight or volume and/or folded or rolled art. Regarding damage to any item that is part of a pair or set, Shipist shall only be liable for the separate value of the damaged item without respect to any special value claimed for such item as a part of a pair or set.