Terms and Conditions—Please read carefully.
1. DEFINITIONS AND ABBREVIATIONS
“Acumen FAL”, “the Carrier” or “the carrier”: Acumen Fine Art Logistics, Inc. and its employees.
“BOL” “Bill of Lading”: A contract representative of an order for Acumen FAL to perform transportation, packing
and/or related services. This document is a Bill of Lading.
“COD”: Cash or check on delivery. Agreement to pay Acumen FAL for services performed at time of delivery.
“Concerned Parties”: Persons who Acumen FAL identifies as connected to or involved with a shipment.
“Consignee” or “consignee”: Persons or parties who receive freight from Acumen FAL.
“COPY”: Check or cash on pick-up. Agreement to pay Acumen FAL for services performed at the time of pick-up.
“Customer” or “customer”: Persons, parties or organizations who hire and employ Acumen FAL to collect and
delivery freight and perform transportation related services and who become liable to remit payment to Acumen
FAL for charges incurred.
“Exclusions”: Conditions and occurrences as set forth below, that protects and relieves Acumen FAL from all
liability and responsibility for loss and damage related to Freight identified in Section 4 of this BOL.
“Insurance”: A premium charged to the customer that is based on the value of freight declared by that customer
(the declared value), and subject to all the limitations and exclusions set forth below. Payment of the insurance
premium allows the customer to collect the declared value in the event of a loss or mishap that is attributable to
events or occurrences during Acumen FAL’s possession of freight.
“NVO”: No value declared. The shipper consigns freight for carriage by Acumen FAL and does not declare a value
on that freight thus limiting Acumen FAL’s liability to its minimum level of liability as set forth in Section 3 of this
“On File”: Statement on the face of this BOL that refers to information being kept in writing by Acumen FAL
Management and not specifically listed on the face of this BOL.
“PBS”: Packed by shipper. Contents and content’s condition are unknown to Acumen FAL.
“Reasonable” or “reasonable”: Accepted as sufficient, rational, and common when compared to standard
practice and procedures in the shipping industry.
“Shipper” or “shipper”: Persons or parties who consign freight to Acumen FAL for transport, packing and/or
General: Where the context permits the singular shall include the plural and vice-versa, and all shall include the
2. CUSTOMER’S OBLIGATIONS
A. Customers and their agents must read and understand the terms of this BOL. Acumen FAL is not responsible
for explaining all terms verbally.
B. All terms are binding once Shipper, or his employees are acting as agents for the customer, it is the Shipper’s
responsibility to notify that customer of all terms as set forth in this BOL.
C. If Acumen FAL is to receive freight that is PBS, it is the Shipper’s responsibility to adequately pack and protect
the goods to ensure safe transportation. The Shipper is also obligated to properly label each item in order to
prevent delay or errant dispatch.
D. Shipper and customer are obligated to provide accurate consignee information in order to prevent delay or
errant dispatch. Furthermore, Shipper and customer are jointly and severally responsible to notify consignee of
impending arrival of freight and secure approval for carrier’s delivery.
E. Failure of Shipper or customer to meet the foregoing obligations may result in, among other things, additional
charges as set forth in Section 9 of this BOL.
3. LIMITATIONS OF LIABILITY
A. The maximum liability of Acumen FAL for loss or damage to the goods including those relating to or caused by
Acumen FAL’s (I) wrongful acts and/or (II) acts or omissions with respect to the construction of a crate or other
container for the goods is limited to $0.60 (sixty cents) per pound as determined by actual weight of unwrapped
goods. In shipments of multiple items, the $0.60 per pound maximum liability shall apply to each unwrapped
goods. To determine Acumen FAL’s maximum liability on shipments released at $0.60 per pound for items being
made subject to a claim when Acumen FAL is not in physical possession of the freight, dimensional weight shall
apply as determined with a cubic factor of 194 cubic inches per one pound. Should any claim in an amount in
excess of the foregoing limits of liability be asserted against Acumen FAL by a third party for loss or damage to
freight handled by Acumen FAL, the shipper, consignee and customer agree to, jointly and severally, indemnify
and hold Acumen FAL harmless in whole (without diminution by reason of Acumen FAL’s contribution thereto) as
against any such claim. This provision shall be in full force irrespective of the cause of such loss or damage
including Acumen FAL’s negligence.
B. Acumen FAL shall not be liable for loss or damage due to lack or of insufficient detailed and specific customer
instructions in handling and/or placement of goods or construction of a crate or other container for such goods.
The provisions of this BOL shall also extend to items damaged inside the shipper’s or consignee’s premises or
place of business.
C. Acumen FAL shall not be responsible for and shall be exempt from liability for physical damage to freight or
loss of any kind, direct or indirect, incidental, consequential, exemplary or special, caused by delay of delivery
when conditions beyond Acumen FAL’s control are encountered during transport. Some conditions, among other,
are listed below:
• Extreme weather conditions and/or changes of temperature, acts of nature and God.
• Breakdown or mechanical defect of vehicles or equipment.
• Faulty or impassible highway; lack of capacity of roadway structures.
• Highway obstruction or closure due to official action.
• Civil disobedience, riots, strikes or lockouts; illegal or unlawful actions.
“Loss caused by delay” as stated above is hereby understood to also define and apply to loss of revenue, interest,
market and/or utility. Acumen FAL is not bound to transport goods by any particular means, schedule vehicle or
otherwise other than with reasonable dispatch.
D. Acumen FAL will not be responsible for any loss or damage and is released from all liability for freight when
directed to accept and load or deliver and unload at locations where and when the shipper, consignee, customer
or their agents are not physically present.
E. Acumen FAL is only required to affect inside delivery; Acumen FAL is not required to or be responsible for
unwrapping or unpacking freight unless such actions are specified and ordered in advance and in writing. “Inside
delivery” is hereby defined as delivery taking place inside consignee’s location or structure at or near a common
point of entry and within a reasonably accessible area.
F. Claims regarding loss or damage of any kind must be made in writing and within seven (7) days of the delivery
date of shipment. Acumen FAL reserves the right to inspect all items and wrapping materials that are being made
in subject to a claim. As a condition precedent for a claim, the consignee must retain the goods in the original
container(s) and/or materials and to make such goods and materials available to Acumen FAL or Acumen FAL’s
insurance company for inspection upon Acumen FAL’s or insurance company’s demand. Claims not reported
within seven (7) days of the delivery date shall be conclusively deemed waived or abandoned. Claims are also
subject to the terms of Section 8C of this BOL.
A. Acumen FAL shall not be liable to Customers or consignees, and Customers and consignees release Acumen
FAL from any and all liability and responsibility for physical damage, or loss due to delay for items of freight listed
• Items improperly or inadequately packed or mislabeled by the shipper.
• Items containing internal damage or concealed breakage; glass and ceramic with existing cracks or other
• Items of inherent vice or weakness due to poor craftsmanship in fabrication.
• Items containing internal mechanics or instrumentation.
• Items with waxen, resinous or viscous surface area (whether they are in wet, semi-dry or hardened state).
• Uncured and/or not thoroughly dry paintings; uncured and/or unset varnish applied to furniture.
• Items with directional orientation to which the shipper does not affix descriptive arrows in advance.
• Damaged or excessively worn antique items in disrepair, items exhibiting prior repairs or breakage.
In relation to any subjective terms as used above (“improperly”, “inadequately packed”, “mislabeled”, “inherent
vice”, “weakness”, “excessively worn”, etc.” it is understood and agreed that Acumen FAL shall have the sole and
exclusive right to define and interpret such terms provided such definitions are reasonable and commonly
acceptable in Acumen FAL’s industry and as applied against common and previous occurrences in the normal
course of packing and shipping.
B. Acumen FAL will not transport currency, specie, precious stones, jewelry, or negotiable documents at any time.
In the event that Acumen FAL shall transport such items without Acumen FAL’s knowledge or consent, Acumen
FAL shall have no liability whatsoever for or in connection with such goods.
C. The following types of freight will not be transported by Acumen FAL under any circumstances and are
collectively referred to as “dangerous goods”:
• Contraband or illegal substances, firearms or ammunition.
• Explosive, chemical, noxious or dangerous goods.
• Livestock, plants, biological or hazardous goods.
The Act of consigning items of these types to Acumen FAL which are disguised by the shipper acting with or
without knowledge of the customer shall entitle Acumen FAL to recover any and all costs and expenses for fines,
penalties, legal fees, or other damage to Acumen FAL, its equipment and/or personal injury and compensation to
Acumen FAL employees. The customer also shall be liable for and indemnify and hold harmless Acumen FAL from
and against all loss or damage to other property to persons caused by said dangerous goods. Acumen FAL is at
liberty to dispense of any items consigned with or associated with and dangerous goods at any time and place
deemed appropriate by Acumen FAL with disposal charges billable to the customer, who shall promptly pay the
5. Bills of Lading
A. Only Acumen employees may alter the face of Acumen FAL’s BOLs in the event that any shipper or consignee
alters an Acumen BOL by making written additions or omissions without the express written permission of
Acumen FAL, Acumen FAL shall be released and discharged from providing or completing services debited to
those additions or omissions. All conditions set forth on this side of the BOL are binding and cannot be modified,
altered or waived by any person including Acumen FAL employees save for officers of Acumen FAL, and then only
in writing and when signed by such an officer.
B. Acumen FAL retains the right to prepare other BOLs and addenda as necessary to sufficiently describe freight
in transit. Should one customer, by his requests or actions, instigate Acumen FAL to exchange this BOL for
Another, the shipper shall transfer all conditions, instructions, and/or values from the original BOL onto any
subsequent BOL bearing the same reference number.
C. If in the sole opinion or judgment of Acumen FAL it becomes at any stage necessary if desirable to depart from
customer’s instructions in relation to freight in transit, then Acumen FAL shall be at liberty to do so. Acumen FAL
is also at liberty to execute any new BOL information or instructions as it in its sole and absolute discretion shall
deem necessary in the interest of safe handling of freight.
6. USE OF OTHER CARRIERS
A. In the event freight can’t be delivered to its destination, Acumen FAL may engage other carriers at Acumen
FAL’s sole discretion, such carriers, however shall be engaged only after Acumen FAL’s reasonable attempts to
verbally contact concerned parties to the shipment. Should another carrier become the consignee, the liability of
Acumen FAL to all concerned persons hereunder shall terminate effective at the time of the consignee’s receipt
and signature. It is understood that Acumen FAL’s receipt of other carrier’s BOL of receipt ticket constitutes an
agreement between Acumen FAL and its customer to release freight to that other carrier and for said freight to
be governed by said other carrier’s terms and conditions set forth on other carrier’s BOL or receipt ticket.
Acumen FAL shall not be liable to review other carrier’s terms and conditions in full and Acumen FAL its agents,
servants and employees, shall be released and discharged from all liability under this BOL.
B. Customers who order Acumen FAL services in advance that are pre-arranged to involve Acumen FAL plus other
carriers understand that they are also bound by the terms of Section 7A of this BOL.
7. INCOMPLETE BILLS OF LADING
A. In the event that freight remains unclaimed or undelivered after ninety (90) days due to failure or refusal of
consignee to receive, or due the inability of Acumen FAL to contact concerned parties after reasonable effort,
then said freight will be placed at the disposal if Acumen FAL for lien or sale in order to recoup transit related
charges due as well as normal and reasonable storage fees and costs of disposal and sale. Prior to such disposal
Acumen FAL will notify all concerned parties on the shipment by US Mail sent to consignee’s last known address
and will enclose complete inventory and written terms of said disposal or sale.
B. Should a customer or concerned party to a shipment redirect freight outside if Acumen FAL’s route area in
mid-transit or otherwise renders freight not deliverable, Acumen FAL shall retain the right to create new BOLs
and direct freight via Acumen FAL to outside carriers as set forth above. Acumen FAL retains the right to deliver
freight to a warehouse selected by Acumen FAL at the destination city or at an intermediate point with charges
for such warehousing payable by the customer. All additional charges incurred by such actions shall be the
responsibility of the customer unless Acumen FAL receives and approves written instructions prior to delivery.
C. Shippers and consignees agree to be available to Acumen FAL for pick-up and delivery during regular business
hours or to arrange reasonable appointment times with Acumen FAL directly. Acumen FAL reserves the right to
assess additional charges pertaining to BOLs in which parties fall to arrange to adequately complete shipments by
means of delay, impediment, omission of information and/or willingness to schedule.
8. RATE APPLICATION AND PAYMENT TERMS
A. Estimates and quotations are issued on the basis of immediate acceptance. Acumen FAL maintains and
reserves the right to withdraw or revise without prior notice any estimate whether issued verbally or in writing,
should any changes occur in regards to the rate of height, or any other charges that are applicable to the goods.
Conditions which nullify estimates and cause rate adjustments may include, but are not limited to the following:
• Additional volume in the form of larger or heavier freight.
• Additional pick-ups, deliveries, packing/unpacking services and/or materials.
• Delays due to lack of preparation, waiting time, poor access and/or non-availability of freight.
• Delays due to errors or omissions made by the customer or concerned parties.
B. Payment terms are net receipt upon presentation of invoice unless otherwise stated on the face of this BOL.
Invoices that are past due more than thirty (30) days are subject to a 1.5% per month service charge. Acumen FAL
reserves the right to assess fees, costs or expenses incurred by Acumen FAL to the customer for collection
procedures on delinquent accounts including, but not limited to, costs for administration communication, legal
procedures as well as statutory interest on unpaid amounts. It is further understood that customer, shipper,
consignee and owner of freight shall remain jointly and severally liable for such charges until payment in full is
made to Acumen FAL.
C. No claims for loss or damage will be entertained until all of Acumen FAL’s charges have been paid in full. The
amount of the claim may not be deducted from the total due and payable charges.
9. WAIVER OF LIABILITY
The person signing this BOL, now to be known as the “client”, acknowledges that they have the right to waive
liability by either being the person(s) named on the front of this BOL or by being a legal representative of the
person(s) named on the front of this BOL. This agreement releases Acumen Fine Art Logistics, Inc., a corporation
located in Maspeth, New York, from all liability relating to any artwork value, property damages, injuries, or
death that may occur for anything installed during the date(s) indicated on the front of this BOL at the location(s)
indicated on the front of this BOL or at any time in the future after the installation has concluded. By signing this
BOL, the client(s) agree(s) to hold Acumen Fine Art Logistics, Inc. entirely free from any liability, including financial
responsibility for injuries incurred, regardless of whether injuries are caused by negligence on the part of Acumen
Fine Art Logistics, Inc., flood, earthquake, fire, or any other act of God that cannot be foreseen by Acumen Fine
Art Logistics, Inc.
The client(s) also acknowledges the risks involved in owning and maintaining artwork in an area open to
pedestrian traffic on personal property. These include but are not limited to property damage, injury or death.
The client(s) swear(s) that Acumen Fine Art Logistics, Inc. is being hired voluntarily, and that all risks have been
By signing this BOL, the client(s) forfeit(s) all right to bring a suit against Acumen Fine Art Logistics, Inc. for any
reason. In return, the artwork will be installed on the aforementioned property to the client’s specification.
Additionally, the client(s) acknowledge(s) to make every effort to obey safety precautions as listed in writing and
as explained verbally.