Terms of Service
These Terms and Conditions (“Agreement”) govern all services provided by Blue Boat Art Services LLC (“Blue Boat,” “we,” or “us”) to any client (“Client,” “you,” or “your”). By engaging Blue Boat to perform any services, you agree to be bound by this Agreement.
1. Scope of Services
Blue Boat provides specialized services for artwork, including storage, transportation, packing, crating, installation, and handling (“Services”). Each project or engagement will be confirmed in writing by estimate, service order, or email. Estimates are subject to change if work scope or conditions change.
2. Payment Terms
Invoices are due within thirty (30) days of issue unless otherwise agreed in writing. Late payments may incur interest at 1.5% per month or the maximum rate allowed by Massachusetts law. Blue Boat may withhold delivery or release of artwork until payment is made in full. Cancellations within forty-eight (48) hours of a confirmed job may be subject to a 50% cancellation fee.
3. Client Responsibilities
Client must ensure safe and adequate access to all premises and provide accurate information about artwork, including known fragility or special handling needs. Blue Boat is not responsible for loss or damage resulting from inadequate packing, labeling, or site access not caused by Blue Boat. Client or authorized representative must be present during pickup or delivery unless otherwise agreed.
4. Limitation of Liability
Blue Boat’s liability for loss or damage to artwork, whether arising from negligence or otherwise, is limited to sixty cents ($0.60) per pound unless a higher value is declared in writing and accepted by Blue Boat before work begins. Declared value may increase service rates. This limitation does not apply to losses caused by Blue Boat’s gross negligence or willful misconduct. Blue Boat shall not be liable for indirect, incidental, or consequential damages, including loss of market or emotional value.
5. Insurance
Blue Boat does not insure artwork. Clients are encouraged to maintain their own insurance coverage for artwork during storage, transit, or handling. Upon written request, Blue Boat may assist in arranging insurance through a third-party broker at Client’s expense.
6. Storage Terms
Storage is provided on a month-to-month basis unless otherwise agreed in writing. Storage charges begin when Blue Boat accepts custody of the artwork. Blue Boat may move artwork between its Massachusetts facilities as necessary. If storage fees remain unpaid for more than ninety (90) days, Blue Boat may, after written notice, enforce its lien and sell or otherwise dispose of artwork in accordance with Massachusetts General Laws Chapter 106, Sections 7-209 and 7-210.
7. Privacy and Data Security
Blue Boat complies with Massachusetts data protection regulations (201 CMR 17.00) regarding the security and confidentiality of personal information. We use reasonable administrative, technical, and physical safeguards to protect client data and will notify affected clients in the event of a data breach as required by law.
8. Cancellation and Refunds
Client may cancel services by written notice at least forty-eight (48) hours in advance. Work already performed, materials purchased, and costs incurred up to the cancellation date remain payable. Refunds, if applicable, will be issued within thirty (30) days. If Blue Boat cancels a service, any prepaid amounts for unperformed work will be refunded in full.
9. Mediation and Arbitration
In the event of any dispute, the parties agree first to attempt resolution through good-faith negotiation. If unresolved, the parties shall submit the matter to mediation in Massachusetts administered by the American Arbitration Association (“AAA”) or a mutually agreed mediator. If mediation fails, any remaining dispute shall be resolved by binding arbitration in Massachusetts under AAA Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
10. Governing Law and Venue
This Agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. Any legal actions arising from this Agreement shall be brought exclusively in the state or federal courts located in Massachusetts. The parties waive any right to a jury trial.
11. Miscellaneous
a. Force Majeure – Blue Boat shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including acts of God, labor disputes, or government actions.
b. Severability – If any part of this Agreement is held invalid, the remaining provisions remain enforceable.
c. Modification – This Agreement may only be modified in writing signed by both parties.
d. Assignment – Client may not assign rights or obligations under this Agreement without Blue Boat’s written consent.
e. Entire Agreement – This Agreement constitutes the full understanding between the parties and supersedes any prior terms.
By engaging Blue Boat Art Services, Client acknowledges having read, understood, and agreed to these Terms and Conditions.