The following terms have the meanings set out below throughout these Terms and Conditions:
By tendering Goods to Elite Shelter, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. These Terms govern all Services rendered. Elite Shelter reserves the right to update these Terms at any time; the current version will govern all Services rendered after the effective date of the update.
Elite Shelter does not provide or maintain insurance on your Goods. You are solely responsible for obtaining and maintaining adequate insurance coverage at your own expense.
Upon your written request and prior to Elite Shelter taking possession of your Goods, Elite Shelter can arrange insurance on your behalf based on a declared value you provide in writing. Insurance premiums will be added to the cost of Services and must be paid in full by you before coverage becomes effective. This declared-value insurance is separate from and in addition to any increased liability valuation charges described in Section 7 (Limited Liability).
If you cancel a Service Request after submission, you will be responsible for all costs and expenses already incurred by Elite Shelter in preparation for those Services.
If you cancel a Service Request with less than one (1) full business day's notice, a cancellation fee equal to one hundred percent (100%) of the estimated charges will apply.
You are solely responsible for arranging insurance coverage for your Goods for all risks of loss or damage. By agreeing to these Terms, you waive all rights of recovery against Elite Shelter for any loss of or damage to Goods, persons, or property arising from Elite Shelter's performance of Services.
This waiver is in addition to, and does not limit, any other waiver or release of liability in these Terms or in any other agreement between you and Elite Shelter. Because this waiver prevents subrogation, you agree to promptly notify your insurers of its terms and to have your insurance policies endorsed as necessary so that this waiver does not impair your coverage.
Before tendering Goods to Elite Shelter, you must physically inspect all Goods. Goods are accepted in apparent good order based solely on what is visible to the eye at the time of acceptance. Elite Shelter does not inspect Goods for any purpose and employs no fine art conservators. Any condition report issued by Elite Shelter staff is prepared informally for note-taking purposes only and is not binding.
By tendering Goods, you represent and warrant that:
You agree to indemnify, defend, and hold Elite Shelter harmless from all claims, costs, and expenses (including attorney's fees) arising from any inaccuracy in your representations regarding the identity, nature, or condition of the Goods.
Unless a higher declared value is established in writing as described below, Elite Shelter's maximum liability for loss or damage to Goods is the lesser of:
You may declare a higher value in writing before Elite Shelter takes possession of your Goods (or before Goods already in Elite Shelter's possession are designated for shipment). If you do so, Elite Shelter will charge an additional monthly fee of $0.50 per $100.00 (or fraction thereof) of declared value in excess of the above release value. This fee is not insurance. Any partial loss will be adjusted pro-rata against the declared value.
These liability limits apply even if Elite Shelter handles packing, packaging, or labeling on your behalf. Under no circumstances will Elite Shelter be liable for:
Elite Shelter is not bound to transport Goods by any particular means, schedule, or route, but will transport Goods with reasonable dispatch unless otherwise agreed in writing. Elite Shelter assumes no liability for acts or omissions of third-party service providers, but will use reasonable care in selecting them.
Elite Shelter is not liable for loss, damage, or delay caused by events beyond its reasonable control, including but not limited to:
Elite Shelter also has no liability for loss or damage to:
Elite Shelter will not knowingly transport contraband, illegal substances, firearms, ammunition, explosives, dangerous chemicals, livestock, plants, or biological or hazardous materials. Costs associated with removal of such items will be borne by you, and you agree to indemnify Elite Shelter for all related damages, fines, penalties, and legal fees.
You authorize Elite Shelter to select carriers and transportation methods it deems appropriate. Elite Shelter may substitute carriers, deviate from stated routing, and select any route between origin and destination. Elite Shelter is not bound to any specific schedule, vehicle, or vessel, but will act with reasonable dispatch. Where the Carmack Amendment (49 U.S.C. § 14706) applies, its protections, defenses, and exemptions are incorporated herein.
Goods will only be delivered or transferred upon receipt of complete written instructions from you. If Elite Shelter is unable to deliver Goods for any reason — including refusal by you, inability to reach the destination, or required storage in transit — Elite Shelter's liability converts to that of a warehouseman, and storage charges will accrue from the next business day. Storage location will be chosen at Elite Shelter's reasonable discretion. All storage costs are your responsibility.
Elite Shelter reserves the right to reject any Goods whose acceptance would likely cause delay, damage to other shipments or equipment, harm to personnel, or violation of law or these Terms. This right applies even if similar Goods were previously accepted under similar circumstances.
All claims for loss, damage, or delay must be filed in writing with Elite Shelter as follows:
Legal action must be instituted:
Claims not filed or suits not instituted within these timeframes will be barred.
Elite Shelter holds a general and continuing lien on all Goods in its possession, custody, or control as security for all charges, expenses, and advances related to any shipment, storage, installation, or transportation. If any amount remains unpaid for thirty (30) days after demand, Elite Shelter may exercise all available remedies, including selling the Goods at public auction or private sale. Any surplus from a sale will be returned to you. If the sale proceeds are insufficient to cover the outstanding amount, you remain liable for the deficiency. This lien takes priority over any other lien or security interest. You must notify any third party with an interest in the Goods of this lien.
Access to any Elite Shelter facility is subject to reasonable security and operational conditions, including being accompanied by a Elite Shelter representative at all times — except within your exclusive private storage room under a separate occupancy agreement. Smoking and consumption of food or beverages are prohibited in all facilities at all times.
Any person you authorize to access a facility is your agent. You are responsible for their conduct. Elite Shelter may deny access if any charges remain unpaid for more than five (5) business days after the due date.
Elite Shelter makes no warranties, express or implied, regarding any Services or the suitability of any facility for a particular purpose, unless expressly confirmed in writing by an authorized Elite Shelter representative. By using Elite Shelter's facilities, you acknowledge that you have independently assessed their suitability for storing your property.
You are solely responsible for understanding and complying with all applicable federal, state, and local laws and regulations pertaining to the Goods, including those relating to marking, classification, licensing, import, and export. You agree to indemnify Elite Shelter for any fines or penalties resulting from your non-compliance.
Only authorized Elite Shelter employees may alter the face of any bill of lading or warehouse receipt. Estimated charges shown on such documents are not binding and are based on information you provide; actual charges may vary.
You agree to indemnify, defend, and hold Elite Shelter harmless from all claims, fines, penalties, damages, costs, and expenses (including attorney's fees) arising from your violation of these Terms, any agreement with Elite Shelter, or any damage to or theft of equipment procured by Elite Shelter on your behalf.
TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH YOU AND ELITE SHELTER ROCKS ARTS INC. WAIVE THE RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, THE GOODS, THE SERVICES, OR USE OF ANY ELITE SHELTER FACILITY. THIS WAIVER APPLIES TO YOUR AGENTS, GUESTS, AND INVITEES, AND IS MADE IN FAVOR OF ELITE SHELTER'S AGENTS, EMPLOYEES, AND REPRESENTATIVES.
In connection with your use of Elite Shelter's website, client portal, or any digital systems, you agree that you will not:
Any breach of this section may result in immediate suspension of your access to Elite Shelter's digital systems and Services, and you will be liable for all resulting damages, costs, and expenses (including attorney's fees and costs of remediation) incurred by Elite Shelter or any affected third party.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force. The invalid provision will be modified to the minimum extent necessary to make it enforceable.
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. Any dispute must be brought exclusively in the state or federal courts located in New York County, New York.