Terms & Conditions.
Service Terms and Conditions for blkarts.ca
General Terms
1. Application of These Terms
These Service Terms and Conditions (these “Terms”) govern all services (“Services”) offered by Bryce Louis Krynski Fine Art Services (hereafter “blkarts.ca”) to its direct customer and/or shipper, owner, consignee, or any person or entity claiming legal or beneficial interest in goods (“Customer”). A copy of these Terms can be made available upon request.
2. Acceptance of Terms
By accessing or using any blkarts.ca website, utility, or service, placing an order for services via online web form, email, text, or tendering goods or any property, including artwork (the “Goods”), to blkarts.ca in connection with the Services, the Customer agrees on behalf of itself and any company or organization it represents that it has read and accepts these Terms.
3. Modification of Terms
blkarts.ca reserves the right to modify, amend, or supplement its rates, services, and these Terms without notice.
4. Entire Agreement
These Terms, along with any order confirmation, delivery slip or bill of lading provided by blkarts.ca to the Customer, constitute the entire agreement between blkarts.ca and the Customer (the “Agreement”). No other representations, warranties, collateral agreements, terms, or conditions (whether oral, written, or implied by law) are binding on blkarts.ca unless explicitly agreed upon in writing by both parties.
Neither party shall be bound by any change order unless mutually agreed upon in writing by both parties.
5. Governing Law
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein.
6. Severability
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
7. Limitation of Liability
IN NO EVENT SHALL BLKARTS.CA BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL BLKARTS.CA 'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF A) THE CUSTOMER'S ACTUAL PRODUCTION OR ACQUISITION COST TO REPLACE OR REPAIR THE GOODS (LESS SALVAGE VALUE) AND B) CDN $10,000.
8. Insurance
Absent a special arrangement in writing with blkarts.ca for blkarts.ca to arrange insurance coverage on goods being the subject of Services herein, Customer shall be responsible to place insurance over its goods. blkarts.ca shall have no obligation to place any insurance over and in respect of goods of Customer. Except where prohibited by law, Customer shall require its insurer to waive all rights of subrogation against blkarts.ca 's insurers and blkarts.ca.
9. Force Majeure
blkarts.ca shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of blkarts.ca including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemics, pandemics, lock-outs, strikes, or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
10. Indemnity
The Customer shall indemnify and hold harmless blkarts.ca and its officers, directors, employees, agents and contractors for and in respect of all duties, taxes, payments, fines, expenses, losses, claims and liabilities including without limitation any storage, demurrage, port or terminal charges and any liability to indemnify any other person against claims made against such other person by Customer unless contributed to or caused by any negligence or breach of duty by blkarts.ca.
11. General Service Obligations
blkarts.ca will:
Exercise reasonable care in its obligations, including selecting and instructing third-party service providers.
Inform the Customer of any deviations from instructions and related charges.
Perform services within a reasonable time frame after receiving instructions, acting in the Customer's best interests.
Use reasonable efforts to meet any performance dates specified and any such dates shall be estimates only and subject to change.
Not open or inspect parcels unless requested or necessary for the service.
Charge one-way travel time for any site located outside of the Calgary City Limits and.
Charge additional fee’s for weekend bookings and overtime rates for any job that extends past 8 hours in a single 24 hour period.
12. Customer Obligations
The Customer warrants that:
Goods are properly prepared and packaged for handling, carriage, or storage.
It has notified blkarts.ca of applicable laws and regulations governing the goods.
The tender complies with customs and regulatory requirements.
It provides timely and accurate information for service provision.
No hazardous articles are delivered to blkarts.ca, which may dispose of such items at the Customer's risk and expense.
The Customer is competent in matters affecting its business, including insurance needs and packaging requirements.
The Customer will pay blkarts.ca on delivery of the Services, unless otherwise agreed.
Transportation Services
13. Local Road Delivery Service
blkarts.ca provides local road delivery services for goods as outlined in a delivery slip issued to the Customer. These services may involve:
blkarts.ca performing the delivery using its personnel and equipment as specified in a delivery slip issued prior to or at the time of goods receipt.
Engaging a third-party carrier to perform the delivery as defined in a delivery slip. Any bill of lading or transport document issued by such a carrier will not supersede these Terms. In case of conflict, these terms will govern.
blkarts.ca assumes responsibility for cargo loss and damage during the scope and duration of a delivery slip except as provided in these Terms, subject to applicable laws at the place of goods receipt.
blkarts.ca's liability for loss or damage to goods under a delivery slip is governed by the uniform bill of lading terms in effect in the province of origin or, where there is no such legislation, in accordance with applicable common law.
In the event of a conflict between a delivery slip and these Terms, the delivery slip will prevail.
14. Carriage of Goods Beyond Local Destinations
a. Available Services
blkarts.ca offers services involving the issuance of a bill of lading. This may include door-to-door carriage, terminal-to-terminal carriage, or various modes of transport (truck, air, ocean). A delivery slip may be issued in conjunction with a bill of lading.
If a delivery slip is issued, blkarts.ca will perform the services outlined and arrange for third-party carriers to complete the carriage as specified in the bill of lading.
Without a delivery slip, blkarts.ca will arrange for third-party carriers to perform the carriage.
For a bill of lading, blkarts.ca may:
Arrange for line haul motor carriers for North American shipments.
Engage independent air and/or ocean carriers (directly or through freight forwarders).
b. Liability for Loss or Damage
blkarts.ca assumes responsibility for cargo loss and damage during the scope of a bill of lading, subject to the following conditions:
For loss or damage under a delivery slip, paragraph 13 applies.
For other claims, blkarts.ca assumes no greater liability than the performing third-party carrier and is subject to their defenses. blkarts.ca may contract with third-party carriers under their usual terms and conditions, which are incorporated into these Terms by reference.
If a delivery slip forms part of a bill of lading and the location of loss or damage cannot be determined, it will be deemed to have occurred during the transit covered by the delivery slip.
In case of conflict between documents, the order of precedence is: delivery slip, bill of lading, and these Terms.
Services Other Than Transportation
15. Additional Services
In addition to transportation services, blkarts.ca offers:
Customized crating or packaging fabrication, packing, and unpacking services.
Installation and deinstallation services.
16. Customized Packaging Services
blkarts.ca provides customized crating or packaging fabrication, display fabrication for artwork, and packing and unpacking services as detailed in a work order confirmation email (“Work Order Confirmation”). This document references these Terms, outlines the Customer's instructions, and specifies pricing. In case of conflict, the Work Order Confirmation prevails.
17. Installation and Deinstallation Services
blkarts.ca provides installation and deinstallation services as detailed in a Work Order Confirmation, which references these Terms, outlines the Customer's instructions, and specifies pricing. In case of conflict, the Work Order Confirmation prevails.
18. Responsibility for Loss or Damage
blkarts.ca assumes responsibility for loss or damage to goods during services described in paragraphs 15 through 17, subject to these Terms. blkarts.ca provides reasonable care and diligence for stored goods. The quality, condition, contents, and value of goods are as declared by the Customer or as apparent upon inspection. blkarts.ca is not responsible for concealed damage.