Legal
Arta Transit Insurance Terms & Conditions
Effective date: July 19, 2023
Last modified date: February 8, 2024
Table of Contents
- Overview
- General Information
- Conditions of Transit Insurance
- Coverage Specifics
- Pre-existing Conditions
- General Exceptions
- Packaging and Packing Requirements and Disclaimer
- Conditioning
- Lost Shipments
- Claims
Transit Insurance
This page describes the Arta Transit Insurance Terms & Conditions that provides ‘all risks’ coverage for the duration of shipments booked with Arta.
1. Overview
Arta understands your shipment is important, thus, Arta offers “All Risks” transit insurance to its customers for an additional cost, through third-party insurance providers, subject to the applicable policy’s terms, conditions, and exclusions.*
2. General Information
If transit insurance is booked, the cost of the transit insurance coverage will be added to the charges paid to Arta for arranging the shipment of the object.
The total value of the object is provided by the customer to match the invoiced value of the goods.
The invoiced value can include additional charges required at purchase related to the object, such as buyer’s premium and sales tax. The value should include frames, mounts, pedestals. If these additional charges are not included in the declared value of the object, they will not be paid out as part of the claim.
Transit insurance does not include coverage for duties and taxes paid to customs.
For claims with shipment values over one million dollars, there is a flat deductible of $5,000. For $2.5m - $5m, there is a flat deductible of $20,000.
Costs related to the claim, including transportation to or from an appraiser, restorer or disposal company may be covered by Transit Insurance.
The object(s) and shipment value must reflect the true cost paid for the objects. Insured value will be the value declared to customs.
“All risks” covers restoration for conditions acquired in transit, not just claims for total loss, subject to the applicable policy’s terms and conditions.
Loss or non-delivery are considered total loss. Conditions that cannot be restored or repaired, or when the value of repair exceeds the cost of the item, will be considered for total loss.
Conditions include but are not limited to; scratches, indentations, punctures, tears, pigment loss, water stains, cracks, shattered materials and will be compared to condition documentation performed at collection.
“Handling” includes on site services including, but not limited to de-installation, packaging and conditioning at collection and conditioning, unpacking and installation at delivery.
“Transportation” includes handling items during collection, in transit, at carrier facilities while being packaged or cross-docked, and during handling at delivery. Delivery occurs at the threshold denoted by the transport service booked, ranging from curbside to door, ground level or room of choice.
3. Conditions of Transit Insurance
Transit insurance must be booked prior to collection and prior to any known loss or damage. Transit insurance cannot be added to a shipment after release.
If the customer declines transit insurance, Arta's liability for loss, damage, or non delivery of objects arranged to be shipped by Arta is limited as described in Arta's Terms & Conditions to $.60 per pound, subject to a maximum of $50 per occurrence. Arta's Terms and Conditions are available at: Arta Standards.
Certificates of transit insurance are not provided automatically. Arta can obtain one for the Customer upon request, which can take 1 – 2 business days to produce.
Transit Insurance does not cover perceived suboptimal service; however, subject to the applicable policy’s standard terms, limits, conditions, and exclusions, the transit insurance covers the carrier’s negligent handling that results in damage or loss.
Damage to a client’s property by the carrier while on site is not covered by the shipper’s interest transit insurance. Such property damage claims are handled on a case by case basis by the carrier.
4. Coverage Specifics
Artwork frames, cases, mounts, pedestals or other display materials are covered for restoration only. This excludes filing for total loss.
For objects with multiple objects or sets/components restoration costs are evaluated per piece.
If claiming for total loss and the object value is dependent on the entire set (ie. a diptych, a set of sculptures), components or pieces will need to be surrendered to Arta or the applicable insurer.
Transit Insurance does not cover objects not released from the origin location as “non-delivery”.
5. Pre-existing Conditions
Transit Insurance does not cover pre-existing conditions omitted from object descriptions or objects delivered not as described.
Transit Insurance covers restoration to the condition of the object at collection, provided that the cost of restoration does not exceed the value of the object. Excluded pre-existing conditions are evaluated by Arta from existing documents and images taken by the seller, shipper or other involved party prior to or at collection.
Arta can cancel transit insurance on behalf of the Customer at collection if the object is damaged or unstable and is likely to worsen in transit.
“Unstable” objects are material or structural conditions that prevent the object from being moved without deterioration. This includes but is not limited to loose joints, cracked or flaking pigments, poorly hinged prints and other issues of structural integrity.
All “unstable” and damaged objects will be inspected at collection and documentation will be immediately provided to the Client. Arta will include options for next steps. Shipments will be held pending approval or cancellation.
6. General Exceptions
Transit Insurance does not cover costs resulting from customer-initiated delayed or held shipments. This includes transit, storage and handling fees resulting from delinquent payment to customs authorities. Transit Insurance does not cover requested modifications to the framing, mounting or folding of an artwork. This includes but is not limited to, removing items from frames, folding stretchers and re-hinging works. Transit Insurance does not cover hinged artworks that slip in transit. Transit Insurance does not cover certain losses or damage, including without limitation, loss or damage caused by or resulting from:
- Natural aging, gradual deterioration, inherent defect, rust or oxidation, moth or vermin, warping or shrinkage.
Directly or indirectly by acts of conflict and natural disasters; force majeure. - By or resulting from confiscation, nationalization, requisition or destruction of or damage to property by or under the order of any government or public or local authority.
- Loss or damage that occurs while on site at a convention center or fairground when not in possession of Arta contracted carriers.
- This is intended as a general overview and is not an exhaustive list of all the exclusions.
7. Packaging and Packing Requirements and Disclaimer
Arta requires Arta recommended minimum packing requirements for transit.*
“Packing requirements” are based on the object type, materials, fragility, size, weight and value of each object.
Arta will require images of any current packing and packaging and may, but is not obligated to, assess if current packing and packaging provided by the Customer is sufficient to withstand the rigors of transit. If additional packaging or repacking is required by Arta, such will be included in the shipping rate.
If Customer requires packaging that does not meet Arta requirements, Arta may provide a Hold Harmless Agreement that excludes packing related conditions from coverage, at Arta's sole discretion. This is subject to review and not universally available.
If current packaging is not as described or unstable for any reason Arta will package the object with our recommended packaging type. Additional charges may apply.
At Arta's sole discretion, Arta may accept alternative but comparable packaging. Packaging is designated into tiers based on safety. (e.g.., If Arta recommends poly and cardboard, and the object is packed in paper and cardboard Arta may consider this comparable.)
Arta prioritizes the safety of the object over consolidated packaging. If objects require the same packaging, Arta will arrange to consolidate items when safe to pack together in any given packaging type.
If original packaging materials are not reusable after an inspection, Arta will arrange to package the object with our recommended packaging type. Additional charges may apply.
*Notwithstanding the foregoing, Customer is always responsible for sufficiently packaging and packing the objects and assumes full responsibility for any damage or loss arising from insufficient packaging or packing. Arta does not undertake any obligation to safely or properly pack or package the objects.
8. Conditioning
All objects, insured or not, are subject to inspection during transit, which may require unpacking and repacking, at Arta's sole discretion. The inspection may be performed at the origin location or at a facility with ample clean space and materials for repacking.
If an inspection is required it will be indicated on Arta's or the delivery paperwork.
See Packaging for notes on repacking and reusing existing materials.
“Ample clean space” is a flat table or floor space large enough for the object and two technicians to walk around it without moving furniture or other household goods.
Inspections may either consist of Condition Checks or Condition Reports, depending on value, object type and media – or upon client request. Both options result in a written document.
Condition Checks record visible conditions of the object. Condition Reports summarize the condition of the object with or without any visible conditions.
Arta Condition Checks include:
- Handwritten notes of significant conditions, visible while handling the object.
- 2 – 3 images of the object.
- Notes may be on the Bill of Lading or a separate document signed by the handler on site.
9. Lost Shipments
Subject to the applicable policy’s terms, exclusions, and conditions, Transit Insurance covers shipments in the case of loss or non-delivery.
Recipient contacts/ consignees that refuse or cannot be reached for delivery do not qualify for a “lost shipment” claim. Such shipments will be returned to the shipper, at the shipper’s expense.
Arta will investigate shipments that are not delivered prior to resolving a claim. Shipments that are located and delivered are not covered by Transit Insurance.
Customers are responsible for cooperating with Arta's and/or the applicable insurer’s claims investigation, including but not limited to: surveying the objects after delivery, speaking with facility staff, and confirming with other individuals on site. Arta can request proof of these efforts as part of our investigation.
If an object that was not purchased is delivered to the buyer, it is not considered a “lost shipment”.
10. Claims
Claims should be reported as soon as practicable, and in any event, within seven days of delivery. Loss or non-delivery needs to be reported within seven days of scheduled delivery.
Arta and/or the applicable insurer will require photographs, documentation and potentially a site visit to evaluate the condition of the object.
Arta will schedule all visits and collections of the damaged object(s) with the recipient.
Objects must remain in possession of the recipient at the delivery location until the claim is resolved or the object(s) is collected by Ar or our affiliates for repair, appraisal or disposal. The objects should not be moved unnecessarily from or within the location.
*TRANSIT INSURANCE IS PROVIDED BY THIRD-PARTY INSURERS AND NOT BY ARTA. ARTA IS NOT IN THE BUSINESS OF PROVIDING OR SELLING TRANSIT INSURANCE, RATHER, ARTA MERELY OBTAINS SUCH TRANSIT INSURANCE FOR THE BENEFIT OF ITS CUSTOMER WHEN BOOKED BY THE CUSTOMER PRIOR TO THE SHIPMENT TAKING PLACE AND PRIOR TO ANY KNOWN LOSS OR DAMAGE. FINAL COVERAGE IS DETERMINED BY THE TERMS AND CONDITIONS OF THE APPLICABLE TRANSIT INSURANCE POLICY. THE FULL POLICY LANGUAGE IS AVAILABLE UPON REQUEST.
CUSTOMER AGREES AND ACKNOWLEDGES THAT ARTA IS NOT A TRANSIT INSURANCE CARRIER, UNDERWRITER, AGENT, OR AN ADMINISTRATOR. ARTA DOES NOT SELL, SOLICIT, BROKER, OR UNDERWRITE TRANSIT INSURANCE. ALTHOUGH ARTA MAY FACILITATE TRANSIT INSURANCE CLAIMS ON BEHALF OF ITS CUSTOMER, ARTA HAS NO LIABILITY OR OBLIGATION TO PAY OR PROCESS SUCH CLAIMS. AS OF THE DATE OF THE PUBLICATION OF THIS TRANSIT INSURANCE OVERVIEW, TRANSIT INSURANCE COVERAGE MAY BE PROVIDED THROUGH THE FREIGHT CARRIER, OR UNDER POLICIES ISSUED BY NAVIGATORS TRANSIT INSURANCE COMPANY OR FEDERAL TRANSIT INSURANCE COMPANY.
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