Terms of Service

Museum Services Inc.

Master Terms of Service: Delivery, Framing, Installation, Fabrication, Storage & All Liability.

1. SCOPE OF SERVICE & DELIVERY

  • Inside Delivery Defined: Unless otherwise specified in a formal work order, Museum Services Inc. (MSI) is responsible for Inside Delivery only. This is defined as the secure transport of crated or packed property into the consignee’s structure to a reasonably accessible area at or near the primary point of entry.
  • White-Glove Additions: MSI is not liable for unpacking, unwrapping, debris removal, or installation unless such services are ordered in advance and in writing.
  • Shuttle Logistics: All art shuttle dates are estimates. Flexibility in collection and delivery windows is required. Due to the complex nature of fine art logistics, no discounts are provided for shifts in estimated timing. Any changes to pickup or dropoff dates or times that we're approved will be subject to 25% fee unless indicated by more than 48 hours notice.
  • Subcontracting: MSI reserves the right to subcontract services, including last-mile delivery and specialized shuttles, to ensure project completion.
  • Client Participation: To ensure the safety of the collection and the staff, MSI technicians are the primary handlers. If a client insists on assisting with a project to reduce costs, MSI shall be held harmless for any damage or injury occurring during such collaborative efforts.

2. ESTIMATES, BILLING & RELIANCE

  • Validity: Estimates are valid for 30 days and are based on information provided by the client. Actual charges may vary based on final dimensions, project duration, and actual material usage.
  • Reliance on Information: The accuracy of an estimate depends on the information provided by the client. MSI will use reasonable effort to notify the client if actual charges are expected to significantly exceed the estimate; however, failure to provide such notice does not constitute a basis for disputing charges.
  • Revisions: Initial estimates and one revision are complimentary. Each additional revision requested in writing will be billed at $50 per revision.
  • Overtime: Estimates assume work occurs during regular business hours (8-hour days). Jobs extending beyond 8 hours or occurring on weekends are subject to overtime rates.
  • Exclusions: Estimates do not include sales tax, insurance, condition reports, or customs duties (VAT/Import taxes) unless explicitly noted.
  • Payment Terms: Invoices are due upon receipt. Accounts unpaid after 10 days are subject to a 1.5% monthly interest charge. MSI does not offer third-party billing.

3. CANCELLATIONS & SCOPE CHANGES

  • Notice Period: Approved estimates may be canceled outside of 24 hours without penalty. This does not include any shuttles, transport or dedication shuttles.
  • Late Cancellations: Projects canceled within 24 hours of a scheduled appointment are subject to a late cancellation fee of 10%. The client remains responsible for the cost of any specialized materials already purchased for the project.
  • COIs: The client is responsible for notifying MSI of building-specific Certificate of Insurance (COI) requirements. If a job cannot be completed due to lack of notification, it will be treated as a late cancellation.

4. STORAGE POLICIES & LIENS

  • Grace Period: Items remaining at an MSI facility for more than 5 business days without a prior written storage agreement will begin accruing daily storage fees.
  • Billing Cycles: Storage is prorated for items exiting before the 15th of the month. Items in storage after the 15th will be billed for the entire month.
  • Long-Term Preservation: Packing for transport is not synonymous with packing for storage. If artwork enters long-term storage (60+ days) and the client declines museum-spec storage packing, MSI is not responsible for any resultant damage.
  • Lien & Abandonment: MSI maintains a lien on all property for unpaid fees. Items stored for more than three months without payment may be deemed abandoned and sold at MSI’s sole discretion to satisfy outstanding debts, including legal and collection fees.

5. SPECIALIZED FABRICATION & PACKING

  • Custom Framing: A 50% deposit is required for all framing jobs over $500. All products are custom-fabricated; we do not offer refunds or returns. Unsatisfied clients may receive credit or a redo at management’s discretion.
  • Post-Framing Storage: Completed framing must be collected within 15 days. After 15 days, items will enter storage and be subject to standard delivery and storage fees.
  • Packing Liability: MSI is not responsible for damage occurring to items packed by the Shipper or third parties. If MSI is hired to pack for a 3rd-party freight carrier, we assume the carrier will use ordinary care; MSI is not liable for damage resulting from the carrier's failure to do so.

6. EXEMPTIONS FROM LIABILITY & FORCE MAJEURE

MSI shall be liable only for loss or damage occurring as a result of its negligence. The client bears the burden of proof. MSI is exempt from liability for:

  • Environmental Factors: Extreme weather, natural reactions to climate changes, or variations in temperature despite climate-control efforts.
  • Inherent Vice: Pre-existing defects, concealed damage, weakened areas from previous repairs, or deterioration caused by insects, mold, or rust.
  • Technical Failure: Damage to the mechanical or electrical function of items (e.g., clocks, pianos, electronics).
  • Force Majeure: Acts of God, civil disobedience, riots, strikes, or acts of terrorism.
  • Valuation: Unless an excess valuation is declared and paid for, MSI’s maximum legal liability is limited to $0.60 per pound.

7. CLAIMS & REPORTING

MSI is deemed to have delivered property in good order unless written notice of loss or damage is provided within thirty (30) days of delivery. Claims not reported within this period are considered waived.