Terms & Conditions of Service
These Terms & Conditions of Service (“Terms”) govern all services provided by Cypress Art Handling (“Cypress,” “we,” or “us”) to clients (“Client” or “you”), including fine art handling, packing, transportation, installation, storage, and related services.
By approving an estimate, tendering artwork, or authorizing Cypress to perform services, the Client agrees to these Terms.
1. Scope of Services
Cypress provides professional fine art handling services, which may include packing, crating, transportation, installation, deinstallation, storage, coordination with third parties, and related logistical support. Services are performed in accordance with accepted professional standards for fine art handling.
2. Estimates & Billing
All estimates are based on information available at the time of issuance and assume reasonable access, normal working conditions, and standard labor unless otherwise stated. Actual charges may vary based on site conditions, access limitations, schedule changes, artwork condition, or changes in scope.
Final invoices reflect actual services rendered, time incurred, and materials used. Estimates are valid for thirty (30) days unless otherwise noted.
3. Care, Custody, and Control
Cypress shall exercise reasonable professional care while artwork is in its care, custody, and control. Cypress is not an insurer of artwork under any circumstances.
4. Insurance & Valuation
Insurance or valuation coverage is not included unless expressly requested by the Client and confirmed in writing prior to service.
Where insurance or valuation is arranged, coverage is subject to the terms, conditions, exclusions, and limits of the applicable policy. Cypress does not guarantee the value of any artwork and shall not be deemed an insurer. Clients are encouraged to maintain their own fine art insurance coverage at all times.
5. Liability Limitation
To the fullest extent permitted by law, Cypress’s liability, if any, for loss or damage to artwork arising from services provided shall be limited to the lesser of:
The reasonable cost of repair; or
$5,000 per occurrence, unless a higher liability amount is expressly agreed to in writing by Cypress prior to commencement of Services.
Cypress shall not be liable for indirect, incidental, consequential, or special damages, including loss of market value, loss of use, or loss of profit.
6. Packing & Condition
Clients represent that artwork tendered to Cypress is accurately described and in suitable condition for handling, transport, installation, or storage, subject to any pre-existing conditions disclosed in writing prior to service.
Unless a written condition report is performed by Cypress, artwork is accepted based on apparent external condition only.
Cypress reserves the right to repackage or add protective materials if existing packing is deemed inadequate. Additional labor or materials may result in additional charges.
7. Storage
Where artwork is placed into Cypress-managed storage, services are provided subject to these Terms and any additional storage-related terms communicated in writing. Cypress shall exercise reasonable care but is not responsible for inherent vice, gradual deterioration, or conditions beyond its reasonable control.
8. Third-Party Services
Cypress may coordinate or arrange services performed by third parties, including but not limited to riggers, shippers, cranes, customs brokers, or specialized installers. Cypress is not responsible for the acts or omissions of third parties, except to the extent required by law.
9. Scheduling, Delays & Access
Clients are responsible for providing safe, timely, and reasonable access to sites. Cypress is not responsible for delays caused by site conditions, weather, acts of God, government action, labor issues, or other circumstances beyond its control.
Cancellations or rescheduling with less than twenty-four (24) hours’ notice may incur charges.
10. Compliance & Prohibited Items
Clients represent that all artwork and materials comply with applicable laws and regulations, including customs, import/export, and wildlife restrictions where applicable. Cypress reserves the right to refuse services involving prohibited or undisclosed materials.
11. Indemnification
The client agrees to indemnify, defend, and hold harmless Cypress from any claims, damages, losses, or expenses arising from:
The condition or ownership of the property
Client instructions or omissions
Participation of the client or its agents in the Services
12. Governing Law & Venue
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any disputes shall be brought in a court of competent jurisdiction located in Massachusetts.
13. Entire Agreement
These Terms, together with any applicable estimate, Bill of Lading, or written agreement, constitute the entire agreement between the parties and supersede prior communications or understandings.
14. Acceptance
Approval of an estimate, written or email authorization to proceed, or tender of artwork to Cypress constitutes acceptance of these Terms & Conditions of Service.