ARTSERVICES INC.
INSTALLATION TERMS AND CONDITIONS
The following are the terms and conditions applicable to the installation services to be provided by ArtServices Inc. (the “Installer”) on behalf of the “Client”.
1. Description of Services: The Installer agrees to provide fine art installation services:
2. Cancellation: Notice of cancellation is required no fewer than 24 hours in advance, after which there will be a cancellation fee equal to 50% of quoted amount.
3. Client Responsibilities: – prepare the installation site
– provide the Installer with access to the installation site
– specify in advance any installation requirements or settings that go beyond a standard eye level drywall installation (e.g., staircase or ceiling installation; installation on stone, glass or tile; specific hardware requirements, etc.)
4. Insurance: Client to place a check mark beside the chosen option below. Where the second option is selected, a value of the art to be installed must be declared.
The Client will arrange its own insurance for the installation and the materials being installed, in which case the Client hereby assumes all risks incidental to the installation (including damage to all art being installed) and waives any and all claims relating thereto against the Installer.
OR
The Client declares the value of the art to be $_________________ and agrees to pay the Installer’s cost of insuring the art for such declared value, such cost to be determined in advance and communicated to the Client prior to the installation.
5. Warranty: Subject to the limitations set forth below, the Installer warrants and represents that the installation services shall be provided in good and workmanlike manner and according to industry standards. If the Client alleges a breach of the above warranty or alleges any other claim, written notice thereof shall be given to the Installer promptly, but not later than ninety (90) days from the date on which the installation services were performed. Except as provided in this Section 7, all installation services hereunder are provided “as is” without any warranty whatsoever. The Installer expressly disclaims all other warranties, terms, or conditions (express, implied, or statutory) regarding the installation services, including any warranties of merchantability, title, or fitness for a particular purpose.
6. Limitation of Liability: NEITHER THE INSTALLER NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS WILL BE LIABLE FOR ANY LOSS, DELAY, NEGLIGENCE, ERRORS, OMISSIONS, OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR AGGRAVATED DAMAGES) ARISING IN CONNECTION WITH THE INSTALLATION, REGARDLESS OF WHETHER ANY CAUSE OF ACTION RELATING TO SUCH CLAIM IS FRAMED IN CONTRACT, TORT, OR ANY OTHER LEGAL BASIS. THE MAXIMUM CUMULATIVE LIABILITY OF THE INSTALLER FOR THE INSTALLATION SERVICES IS LIMITED IN ALL CIRCUMSTANCES SOLELY TO THE RETURN OF FUNDS ALREADY RECEIVED BY THE INSTALLER IN CONNECTION WITH THE INSTALLATION SERVICES AND, IF APPLICABLE, WHERE THE CLIENT CHOOSES IN SECTION 6 ABOVE TO HAVE THE INSTALLER OBTAIN INSURANCE, THE PROCEEDS OF INSURANCE RECEIVED BY THE INSTALLER IN AN AMOUNT NO GREATER THAN THE DECLARED VALUE SET FORTH IN THAT SECTION. WHERE THE INSTALLER INSTALLS ADDITIONAL ITEMS FOR THE CLIENT AT NO CHARGE, SUCH INSTALLATION(S) WILL BE GOVERNED BY THESE TERMS AND CONDITIONS.
7. Arbitration: All disputes, disagreements, controversies, questions, or claims arising out of or relating in any way to this Agreement shall be determined by a single arbitrator pursuant to the Arbitration Act, 1991 (Ontario), as amended, to be held at Toronto, Ontario with an arbitrator appointed by the Installer. The arbitrator shall have jurisdiction to apportion the costs of the arbitration, including all reasonable legal fees and other disbursements, in such manner as the arbitrator considers reasonable. The decision of the arbitrator shall be final and binding and no appeal shall lie therefrom and all matters relating to the arbitration shall be kept confidential to the full extent permitted by law. Written notice of any claim against the Installer shall be given by the Client to the Installer.