Legal Crating Waiver

LEGAL CRATING WAIVER

This Legal Crating Waiver (the "Waiver") is entered into as of Effective Date: by and between Client Name: whose principal place of business or residence is Address: (hereinafter "Client"), and Crating Provider Name: with principal place of business at Address: (hereinafter "Provider"). Client and Provider are sometimes individually a "Party" and collectively the "Parties."

RECITALS

WHEREAS, Client desires that Provider perform crating, packaging and related handling services for certain goods described as: (the "Goods"); and

WHEREAS, Provider is willing to provide crating services in accordance with the specifications agreed by the Parties and subject to the terms and limitations contained in this Waiver; and

WHEREAS, Client acknowledges certain risks associated with crating, including but not limited to damage resulting from fragility, improper description, undisclosed hazardous materials, and conditions arising in transit, and wishes to allocate responsibility and remedies between the Parties.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows:

1. DEFINITIONS

1.1 "Crating Services" means the labor, materials, packaging design, assembly, and related handling performed by Provider to prepare the Goods for transport or storage. "Declared Value" means the monetary amount declared by Client for the Goods for insurance and liability purposes, as set forth in Section 4.

2. SCOPE OF WAIVER

2.1 Client expressly waives and releases Provider from any and all claims, causes of action, demands, or liabilities for loss, damage, delay or deterioration of the Goods arising out of or resulting from customary crating methods, except to the extent such loss or damage is proximately caused by Provider's gross negligence or willful misconduct. This waiver applies regardless of fault except as expressly set forth in this Section.

2.2 Client acknowledges that crating is intended to mitigate but not eliminate all risk, and that certain fragile, perishable, or inherently vulnerable items may suffer damage notwithstanding ordinary care and industry-standard materials.

3. ASSUMPTION OF RISK; CLIENT RESPONSIBILITIES

3.1 Client represents and warrants that the Goods description is accurate and complete. Client assumes the risk of loss for any aspects of the Goods not disclosed to Provider at the time of tender, including fragility, internal condition, or pre-existing damage.

3.2 Client shall provide written instructions and any special crating specifications in the field below. Provider shall follow such instructions so long as they are feasible and safe. Special instructions:

4. CRATING SPECIFICATIONS; DECLARED VALUE; INSURANCE

4.1 Crating Type (select all that apply): Standard Crating Custom Crating Specialized / Climate-Controlled

4.2 Declared Value for insurance and liability purposes:

4.3 Insurance election: Client will procure insurance Provider to procure insurance on Client's behalf (additional fee may apply)

5. INSPECTION, NOTICE AND LIMITS ON CLAIMS

5.1 Client shall inspect the Goods and the crating upon delivery and shall provide written notice to Provider of any visible damage at the time of delivery. For concealed damage discovered after unpacking, Client must provide written notice to Provider within days of delivery. Failure to provide timely notice shall bar recovery to the extent prejudice results from delay.

5.2 Except for liability occasioned by Provider's gross negligence or willful misconduct, Client's exclusive remedy for loss or damage to the Goods shall be limited to the Declared Value or the cost of reasonable repair of the Goods, whichever is less.

6. INDEMNITY

6.1 Client shall indemnify, defend and hold Provider harmless from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of: (a) inaccurate or incomplete description of the Goods; (b) failure to disclose hazardous characteristics of the Goods; and (c) Client-directed crating specifications that deviate from Provider's recommendations.

7. LIMITATION OF LIABILITY; EXCLUSION OF CONSEQUENTIAL DAMAGES

7.1 Except as provided in Section 5.2, Provider's liability for any claim arising out of or related to the Crating Services shall in no event exceed the Declared Value or the total crating fees paid by Client for the subject Goods, whichever is less. Provider shall not be liable for any indirect, incidental, special, punitive or consequential damages, including loss of profit or business interruption, even if advised of the possibility of such damages.

8. REPRESENTATIONS AND WARRANTIES

8.1 Each Party represents and warrants that it has full power and authority to enter into this Waiver, that its execution and performance will not violate any agreement or law, and that the signatories are authorized to bind the Party.

9. FEES AND PAYMENT

9.1 Client shall pay Provider's fees in accordance with the invoice terms. Payment obligations are independent from the allocation of risk and do not condition Client's duty to pay for services rendered.

10. NOTICES

All notices required or permitted by this Waiver shall be in writing and delivered to the addresses identified above or to alternate addresses provided in writing by a Party. Notices shall be deemed given upon personal delivery, three days after deposit in the U.S. mail with postage prepaid, or one day after deposit with a nationally recognized overnight courier.

11. GOVERNING LAW; VENUE

This Waiver shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of laws principles. The Parties agree that exclusive venue for any litigation arising out of this Waiver shall be the state or federal courts located in the county or federal district where Provider's principal place of business is located.

12. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENTS

12.1 This Waiver constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral or written.

12.2 If any provision of this Waiver is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The Parties shall negotiate in good faith to replace any invalid or unenforceable provision with a valid provision that effectuates the Parties' intent as closely as possible.

12.3 This Waiver may not be amended except by a written instrument signed by authorized representatives of both Parties. No waiver of any provision shall be effective unless in writing and signed by the Party waiving compliance.

13. COUNTERPARTS

This Waiver may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed originals for all purposes.

ADDITIONAL INFORMATION

Sign Now