PREMIER PACK N SHIP LLC - ARTWORK SHIPPING & LOGISTICS

Limitation of Liability & Shipping Services Agreement

By accessing or using the services provided by Premier Pack N Ship LLC (“Service Provider,” “we,” “our,” or “us”), you (“Client,” “you,” or “your”) acknowledge and agree to be bound by the terms and conditions of this Liability Waiver and Shipping Services Agreement (the “Agreement”). Please read this Agreement carefully before using our services. If you do not agree to these terms, you should not access or use our services.

1. INTRODUCTION AND SCOPE OF WORK

i. Service Provider

Premier Pack N Ship LLC provides logistics and transportation services for the packaging, shipment, and delivery of artwork and related goods.

ii. Client

The Client is the individual or entity using Premier Pack N Ship services. By entering into this Agreement, you affirm that you are the lawful owner of the goods and that the shipment complies with all applicable laws.

iii. Nature of Services

Premier Pack N Ship LLC acts as an independent logistics service provider and does not represent the goods' authenticity, value, or condition. We do not act as a seller, buyer, broker, appraiser, or dealer of any goods and make no representations regarding the authenticity, provenance, condition, or value of any goods being shipped.

2. CLIENT RESPONSIBILITIES AND AUTHORIZATIONS

i. Payment Authorization

The Client authorizes Premier Pack N Ship LLC to charge the provided payment method for all fees, including shipping, customs charges, return costs, and any additional fees that arise from the shipment.

ii. Identity Verification

You agree to provide, upon request, valid identification to verify your identity, ownership of the goods, and your status as the shipper. This may include a government-issued photo ID for individuals or business registration documents for companies. You authorize Premier Pack N Ship LLC to securely store this information for up to three (3) years to comply with legal and regulatory requirements.

iii. Storage

Once Premier Pack N Ship, has Issued you a final quote/Invoice you will have 10 calendar days to remit the payment. If the Invoice has not been paid within 10 calendar days, storage of $10 per day/per box will be added to the Invoice (unless otherwise agreed upon with Premier Pack N Ship LLC). After 1 month of non-payment/non-communication, your Items will be considered abandoned and Premier Pack N Ship will dispose of the items without notice.

3. LIABILITY, RISK ALLOCATION, AND INSURANCE

i. Transportation Risks

The Client acknowledges that the transportation of goods involves inherent risks, including but not limited to damage, loss, delay, misdelivery, theft, inspection, or seizure by customs authorities. To the maximum extent permitted by law, Premier Pack N Ship LLC’s total liability for any loss, damage, or claim arising out of or related to the services shall not exceed the amount of shipping fees actually paid for the specific shipment, unless the Client purchases full-value insurance through Premier Pack N Ship LLC.

ii. Insurance

The Client may purchase cargo transit insurance through Premier Pack N Ship LLC. If declined, the Client assumes all risks associated with the shipment. Claims under insurance are subject to the terms of the insurer.

Unless otherwise agreed, the insurer does not provide insurance for packaging.

iii. Exclusions from Insurance

The insurance does not cover the following, including but not limited to:

a. loss or damage resulting from the Client’s intentional misconduct, gross negligence, or failure to provide accurate information;

b. ordinary wear and tear, inherent defects, or pre-existing damage

c. damage due to improper packaging not performed by Premier Pack N Ship LLC or its authorized subcontractors;

d. losses arising from government actions, weather, or other force majeure events beyond the Service Provider’s control.

For the avoidance of doubt, exclusions shall not apply to loss or damage caused by the gross negligence or willful misconduct of Premier Pack N Ship LLC or its agents.

iv. Premier Pack N Ship’s Role in Claims

Premier Pack N Ship LLC’s role is limited to reasonable assistance in submitting claims to the insurance carrier. Premier Pack N Ship LLC bears no liability for any denial, limitation, or delay of insurance coverage, and all claims are subject to the terms and final determination of the insurance carrier.

v. Claims Reporting

Claims for damage or loss must be reported within three (3) days of delivery to premierpacknship@gmail.com. Failure to report such damage within this period shall result in the claim being deemed inadmissible.

vi. Best Practices Upon Delivery / Deadlines for Reporting a Claim

• Inspection of Goods at Delivery:

The Client is strongly encouraged to inspect the goods in the presence of the delivery driver at the time of delivery, even if there are no visible signs of damage to the package or box. Should any damage be identified, the Client must record such damage on the delivery note or the carrier’s delivery device, ensuring that the description of the damage is specific and accurate. The use of general terms such as “subject to unpacking” is insufficient.

Notwithstanding the foregoing, unless reservations are duly recorded upon delivery on the delivery note, the package will be deemed to have been delivered in good condition and without damage.

• Reporting of Damage:

In the event that the goods are not subject to exclusions and the Client has purchased cargo transit insurance, the Client is required to notify Premier Pack N Ship LLC of any damage within three (3) days of the delivery, by sending an email to premierpacknship@gmail.com. Failure to report the damage within this time frame will result in your claim being inadmissible.

• Submission of Reservation Details:

Within three (3) days of delivery, the Client shall send the details of the reservations made upon delivery to the final carrier, with a copy of such correspondence forwarded to Premier Pack N Ship LLC at premierpacknship@gmail.com. You will have 60 calendar days from the date of shipment to provide any required and/or additional documentation which has been requested to substantiate said claim. Failure to provide the required and/or additional documentation within 60 calendar days from the ship date will result in the denial of the claim.

• Retention of Goods in As-Delivered Condition:

The Client is obligated to retain the goods in their as-delivered condition, including packaging, until a claim is processed. Failure to do so will result in the claim being deemed inadmissible.

vii. Required Documentation for Claims

The following documentation is required for the processing of claims. This list is not exhaustive and may be subject to modification based on the specific nature of the case:

• Photographs of the damaged goods and packaging, taken before and after the damage occurred, if possible.

• The original invoice for the goods.

• The shipping note, consignment note, air or maritime transport note (depending on the mode of transport).

• The actual delivery date, or in the case of a loss, the assumed delivery date.

• Reservations recorded by the addressee at the time of delivery on the delivery note and by post.

• A copy of the Client’s email reporting the damage or loss to Premier Pack N Ship LLC within 72 hours after delivery.

• A quote for repairs, if the goods are repairable.

• A certificate of loss issued by the carrier in the event of a proven loss.

4. PACKAGING AND MISDECLARATION OF GOODS

i. Packaging by Client

If the Client handles packaging, they are responsible for ensuring the goods are adequately protected. Premier Pack N Ship LLC is not liable for any damage or loss resulting from improper packaging. If packaging fails to meet reasonable standards, the Client may be charged for re-packaging.

ii. Misdeclaration of Goods

The Client guarantees that all information provided about the goods, including descriptions, values, and customs documentation, is accurate. The Client agrees to indemnify Premier Pack N Ship LLC for any penalties, fines, or damages arising from misdeclarations or failure to comply with applicable laws, including customs requirements. Premier Pack N Ship LLC is not responsible for any issues resulting from incorrect or incomplete declarations.

5. DUTIES, TAXES, AND CUSTOMS

i. Duties, Taxes, and Customs Charges

The Client is responsible for all import/export duties, taxes, and customs charges unless otherwise agreed in writing. Premier Pack N Ship LLC is not liable for any customs-related penalties, fines, or delays.

ii. Returns and Refused Shipments

The Client bears the cost of any returns or refused shipments, including any associated customs fees and return shipping costs.

6. LIMITATION OF LIABILITY

i. Limitation of Liability

To the maximum extent permitted by law, Premier Pack N Ship LLC’s liability for any claim arising from this Agreement shall be limited to the amount of shipping fees paid by the Client for the specific shipment involved. In no event shall Premier Pack N Ship LLC be liable for indirect, incidental, special, or consequential damages, including but not limited to loss of profits, goodwill, or business opportunities, arising from any breach of this Agreement or any service provided under this Agreement.

7. LEGAL TERMS AND DISPUTE RESOLUTION

i. Acceptance of Agreement

This Agreement becomes legally binding when the Client accepts it by clicking the “I Accept” button or otherwise consenting electronically. The Client agrees to be bound by all terms set forth herein.

ii. Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of California. Any disputes will be resolved exclusively in the courts located in California.

iii. Dispute Resolution

Any disputes between the parties shall be resolved through the following process:

a. Mediation: Prior to initiating formal legal proceedings, both parties agree to attempt to resolve the dispute through mediation. The mediation shall be conducted in good faith, and any resolution reached shall be binding.

b. Arbitration: If mediation is unsuccessful, the dispute shall be resolved through binding arbitration, under the rules of the American Arbitration Association (AAA), in the State of California.

c. Legal Costs: In the event of litigation or arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the non-prevailing party, in addition to any other relief granted.

8. CONFIDENTIALITY AND DATA PROTECTION

i. Confidentiality

Both parties agree to keep all confidential information related to the shipment, business, and operations confidential, and not to disclose such information to any third parties without prior written consent, except as required by law. This obligation shall continue even after the termination of this Agreement.

ii. Protection

Premier Pack N Ship LLC shall comply with all applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR), in processing personal data. The Client’s personal and business data will only be used for the purpose of fulfilling this Agreement and will be stored securely. The Client may request access to, correction, or deletion of their personal data at any time, subject to applicable legal limitations.

9. FORCE MAJEURE

i. Non-Performance

Neither party shall be liable for failure to perform any obligation under this Agreement if such failure is caused by a force majeure event, including but not limited to natural disasters, pandemics, wars, strikes, government actions, or other unforeseeable events beyond the reasonable control of the party invoking the force majeure.

ii. Notice

The affected party must promptly notify the other party of the occurrence of a force majeure event and make reasonable efforts to mitigate the effects of the event. The affected party’s performance will be suspended during the period of force majeure and extended for an equal period of time after the force majeure event ends.

10. BINDING NATURE OF AGREEMENT

i. This Agreement is binding upon and inures to the benefit of the parties and their respective successors, assigns, and legal representatives. The Client may not assign or transfer its rights and obligations under this Agreement without the prior written consent of Premier Pack N Ship LLC.

11. ENTIRE AGREEMENT AND MODIFICATION

i. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

ii. Modification

Any modification, amendment, or waiver of this Agreement must be made in writing and signed by both parties. Any attempt to modify the terms without such written consent will be null and void.

12. SEVERABILITY

i. If any provision of this Agreement is deemed invalid, illegal, or unenforceable, such provision shall be modified to reflect the parties’ intent as closely as possible, and the remainder of the Agreement will remain in full force and effect.

13. NO WAIVER OF RIGHTS

i. No failure or delay by Premier Pack N Ship LLC in enforcing its rights will operate as a waiver of those rights. Waivers must be expressly stated in writing.

Reminder:

Please read this Liability Waiver and Shipping Services Agreement carefully before accepting. By continuing to use Premier Pack N Ship LLC’s services, you confirm your acceptance of this Agreement.