Effective Date: 3/1/2025

1. Overview

Welcome to Arête Logistics. These Terms of Service (“Terms”) govern your use of our website, services, and any agreements, including but not limited to transportation quotes, contracts, and Bills of Lading (BOLs). By accessing our website, engaging our services, or signing any agreement, you agree to comply with these Terms. If you do not agree, please refrain from using our services or website.

2. Services

Arête Logistics provides secure transportation for fine art, luxury goods, and high-value items. Our services include, but are not limited to, private courier delivery, white-glove handling, custom packaging, temporary storage, and inside delivery to a common entry point within a reasonably accessible area. Service availability may vary by location, scheduling, and compliance with legal requirements. All shipments are subject to the terms outlined in the applicable transportation agreement or BOL. Arête Logistics is not responsible for unwrapping or unpacking unless specified in writing at booking and paid for by the client. Note: Our services do not include insurance coverage for artworks. Clients must obtain appropriate insurance coverage prior to transport (see Section 7: Insurance & Liability).

3. Client Responsibilities

Clients are responsible for:

• Providing accurate and complete information regarding shipment details, including item descriptions, declared values, dimensions, condition, and specific instructions for handling, crating, or delivery. For shipments involving multiple artworks, each item must be individually itemized with a separate declared value, recorded on the BOL at booking. Declared values may not be altered after pickup without Arête Logistics’ written consent. Failure to provide accurate information or sufficient instructions may result in additional fees, service delays, denial of service, or limitation of carrier liability.

• Ensuring that shipments comply with all applicable legal requirements, restrictions, and customs regulations (for international shipments).

• Participating in condition inspections at pickup and delivery, with notes recorded on the BOL. Additional inspection services (e.g., appraisals) are at the client’s expense. Clients must provide documented proof of value (e.g., appraisals, sales records) for insurance claims, as required by their insurer.

• Ensuring proper packing if performed by the client or third parties. Arête Logistics is not liable for loss or damage due to improper packing or insufficient instructions.

• Allowing Arête Logistics to inspect shipments and, if deemed necessary, add packing or wrapping at the client’s expense to ensure safe transport. Clients may refuse additional packing, but this may result in service denial or limited liability.

• Ensuring a shipper, consignee, or authorized agent is present at pickup and delivery locations to oversee loading and unloading. Arête Logistics is not liable for loss or damage at unattended locations.

4. Intellectual Property

All content on our website, including logos, text, images, service descriptions, and proprietary materials, is the property of Arête Logistics and protected under intellectual property laws. Unauthorized use, reproduction, or distribution of our content is strictly prohibited without written consent.

5. Payments

Payments for services must be made as agreed upon in the transportation agreement, quote, or BOL. We accept various payment methods, including check, credit cards, bank transfers, Venmo, PayPal and other secure options. Late payments may incur additional fees, as specified in the agreement. All service fees are non-refundable unless otherwise stated in the agreement or required by law.

6. Confidentiality

Arête Logistics respects client privacy and ensures the confidentiality of all shipment details, transactions, and sensitive information. We do not disclose such information to third parties unless required by law, authorized by the client, or necessary for service fulfillment (e.g., customs documentation).

7. Insurance & Liability

• Carrier Insurance: Arête Logistics maintains a Progressive Insurance Policy #994464469 with $1,000,000 general liability coverage for third-party bodily injury, property damage, or advertising injury, and $750,000 cargo coverage. Cargo coverage under this policy explicitly excludes artworks, jewelry, precious metals, and similar items. Accordingly, Arête Logistics’ liability for loss or damage to artworks during transit, storage, or handling is strictly limited to $0.60 per pound per item, based on the actual weight of unwrapped goods, and clients are solely responsible for insuring the full value of artworks while in Arête Logistics’ care.

• Client Insurance Responsibility: Clients are solely responsible for maintaining their own insurance to cover the full value of artworks and other high-value items during transit, storage, and handling. Clients shall name Arête Logistics as an additional insured on their insurance policy for transit-related risks and provide a certificate of insurance upon request. Clients must provide declared values for all artworks at the time of booking, itemized for multiple items, to ensure adequate insurance coverage and compliance with sales tax documentation requirements (e.g., nexus verification). Declared values may not be altered after pickup without Arête Logistics’ written consent. Failure to provide a declared value or documented proof of value (e.g., appraisals, sales records) does not increase carrier liability, which remains limited to $0.60 per pound per item. Clients acknowledge that relying solely on Arête Logistics’ cargo policy does not provide sufficient protection for fine art or high-value items. Arête Logistics shall not be held responsible for uninsured or underinsured shipments.

• Inspection and Packing: Arête Logistics reserves the right to inspect all shipments and, at its sole discretion, determine if additional wrapping or packing is necessary for safe transport. Additional packing services, if performed, will be at the client’s expense. Inspections are limited to surface conditions and apparent damage; Arête Logistics is not responsible for hidden defects or pre-existing conditions. Clients may refuse additional packing, but this may result in service denial or limited liability to $0.60 per pound per item.

• Claims Process: Clients must inspect artworks at pickup and delivery, with condition notes recorded on the BOL, and report any loss or damage in writing within 7 days of delivery. Arête Logistics reserves the right to inspect claimed goods and materials, which clients must retain in their original condition for inspection. Claims not reported within 7 days are deemed waived. Additional inspection services (e.g., appraisals) are at the client’s expense. Arête Logistics will cooperate with clients’ insurers to facilitate claims but is not liable for artwork losses beyond $0.60 per pound per item due to the cargo policy exclusion. Clients must provide documented proof of value for claims, and Arête Logistics is not responsible for substantiating values or authenticating goods. Any legal action against Arête Logistics for loss or damage must be filed in a competent court in the State of Colorado within 9 months of delivery or notification of loss, whichever is shorter. Clients shall pay Arête Logistics’ reasonable attorney fees and litigation costs if Arête Logistics prevails.

• Service Denial: Arête Logistics reserves the right to refuse shipments deemed high-risk (e.g., due to inadequate packing, undisclosed values, or condition concerns) at its sole discretion, particularly given the cargo policy’s exclusion of artworks.

Disclaimer Regarding All-Risk Insurance:
At this time, Arête Logistics does not maintain an all-risk, wall-to-wall fine art insurance policy. Our existing cargo insurance does not cover artworks, jewelry, precious metals, money, etc…, and our liability is limited to $0.60 per pound per item. Clients are solely responsible for obtaining their own comprehensive fine art insurance policy that covers loss, theft, and damage throughout transit, storage, and handling. We strongly advise clients to consult with their insurance providers to ensure adequate protection.

8. Federal Compliance

Arête Logistics is fully compliant with federal regulations as a registered common carrier under the Federal Motor Carrier Safety Administration (FMCSA). We hold USDOT Number 4384684 and Motor Carrier (MC) Authority MC01719391, ensuring adherence to safety, operational, and insurance standards for interstate transportation. Additionally, we maintain Unified Carrier Registration (UCR) compliance, as required by the FMCSA, to support lawful and reliable service delivery. Clients may verify our credentials through the FMCSA’s Safety and Fitness Electronic Records (SAFER) system or by contacting us directly.

9. Nexus Compliance

Arête Logistics operates as a common carrier and provides accurate delivery documentation (e.g., BOLs) to support clients’ sales tax obligations, including verification of interstate deliveries to avoid nexus in destination states. No storage or layovers are permitted in destination states unless explicitly agreed, to prevent creating sales tax nexus for clients. Clients must provide declared values and accurate shipment details to ensure compliance with tax authorities.

10. Termination

Arête Logistics reserves the right to refuse service, terminate agreements, or cancel shipments at its discretion, including but not limited to cases of policy violations, non-payment, failure to provide accurate shipment information, or misuse of services. Clients may terminate agreements per the terms of the specific contract, subject to any applicable fees.

11. Limitation of Liability

• General Limitations: While Arête Logistics takes every precaution to ensure safe transportation, we are not liable for loss or damage to artworks, jewelry, precious metals, or similar items, except as provided in Section 8 ($0.60 per pound per item). Clients are solely responsible for insuring the full value of artworks, and Arête Logistics is not liable for damages, whether caused by negligence, wrongful acts, omissions, or otherwise, beyond the $0.60 per pound per item limit. Arête Logistics is not responsible for consequential damages, lost profits, lost market value, lost utility, or indirect losses arising from service use.

• Client and Third-Party Failures: Arête Logistics is not liable for loss or damage due to insufficient or incorrect client instructions for handling, crating, or delivery, or improper packing by clients or third parties, including damage to crates or containers constructed by others. This exemption extends to damage occurring inside a shipper’s or consignee’s premises or place of business.

• Delays: Arête Logistics is not liable for physical damage or losses (direct, indirect, consequential, or otherwise) caused by delivery delays due to conditions beyond our control, including but not limited to extreme weather, acts of nature, vehicle breakdowns, road obstructions, highway closures, civil unrest, or strikes. Arête Logistics is not bound to specific transport means, schedules, or vehicles, only to transport goods with reasonable dispatch.

• Unattended Locations: Arête Logistics is not liable for loss or damage when directed to load or unload at locations where the shipper, consignee, or their agents are not present.

• Inside Delivery: Arête Logistics is responsible only for inside delivery to a common point of entry and reasonably accessible area. Unwrapping, unpacking, or installation services are not provided unless specified in writing at booking and paid for by the client.

12. Governing Law

These Terms, and all agreements governed by them, are subject to the laws of the State of Colorado. Any disputes arising from these Terms or services shall be resolved in the appropriate courts within Colorado. For interstate shipments, federal regulations (e.g., Carmack Amendment) may also apply.

13. Changes to Terms

Arête Logistics reserves the right to modify these Terms at any time. Updated Terms will be posted on our website and included in new contracts and BOLs. Continued use of our services or signing of agreements constitutes acceptance of the updated Terms.

14. Contact Information

For questions or concerns regarding these Terms, to request a Certificate of Insurance, or to verify our FMCSA credentials, please contact us directly.