Terms and Conditions

The Customer must notify Maquette of any change to the Customer’s contact information by: (i) mailing the change in the Customer’s contact information in writing by certified mail-return receipt requested or (ii) emailing the change in the Customer’s contact information to: jason@maquetteartservices.com. Upon receipt by Maquette of the change in the Customer’s contact information, Maquette shall acknowledge, in writing, receipt of the change in the Customer’s contact information.  Notice of any change in the Customer’s contact information shall not be valid or binding upon Maquette, if not made in accordance with these Terms and Conditions and acknowledged in writing by Maquette. 

 

Maquette’s Mailing Address is 288 West Street, New York, New York 10013 and Maquette’s Telephone Number is (212) 925-3067. Maquette’s Mailing Address and Maquette’s Telephone Number shall be used by the Customer to make inquiries and provide notices to Maquetteconcerning the Services provided by or on behalf Maquette. 

 

The Customer’s Mailing Address is the first address provided by the Customer to Maquette, unless the Customer changes its address in accordance with these Terms and Conditions. In the event the Customer changes its address in accordance with these Terms and Conditions, the Customer’s Mailing Address shall be the address provided by the Customer in its change of contact information.

 

“Agreement” in these Terms and Conditions shall mean the representations, promises, agreements, or understandings between Maquette and the Customer for Services. These Terms and Conditions are incorporated in the Agreement.

 

“Maquette” in these Terms and Conditions shall mean Maquette Fine Art Services, Inc. and any of its past or present affiliates, operating divisions, parent corporations, subsidiaries, directors, officers, agents, employees, and representatives.

 

“Customer” in these Terms and Conditions shall mean the person or entity for whom Services are provided, and any agent, representative, or contractor thereof, including, but not limited to, any shipper, consignor, consignee, exporter, importer, owner, bailor, bailee, warehouseman, forwarder, broker, insurer, or carrier, engaged separately by the Customer, as well as the Customer’s heirs, executors, successors and assigns.

 

“Services” in these Terms and Conditions shall mean any and all services provided by or on behalf of Maquette including, but not limited to, warehousing of goods; building of crates; crating of goods; packing, padding, papering, and boxing of goods; importing and exporting of goods; outturning of goods; rigging of goods; screening and inspection of goods; viewing of goods; collecting of goods; loading and unloading of goods; hoisting and lowering of goods; transportation of goods; installation and de-installation of goods; removal and attachment of fittings, such as curtains, mirrors, fixtures, pictures and electronics; and re-laying of floor coverings and other similar services. 

 

The use of a disjunctive term (“or”) incorporates the conjunctive (“and”), and vice versa, as necessary to bring within the scope of these Terms and Conditions. The singular form of any word includes the plural, and vice versa, as necessary to bring within the scope of these Terms and Conditions.

 

 

ALL SERVICES BY OR ON BEHALF OF MAQUETTE FOR THE CUSTOMER SHALL BE SUBJECT TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS SUPERSEDE AND REPLACE ALL OTHER TERMS AND CONDITIONS FOR SUCH SERVICES.

 

 

1.  Storage, Location, and Temperature and Climate Control. (a) In the event Maquette has agreed to provide storage Services to or on behalf of the Customer, subject to the rates, terms, and conditions set forth in the Agreement, including, but not limited to, the limitations and restrictions contained in Section 9 (Goods) below, Maquette agrees to store goods for or on behalf of the Customer, who represents and warrants that it is a merchant, in the warehouse premises identified on the Agreement, bill of lading, waybill, warehouse receipt, warehouse agreement, storage agreement, pickup and delivery receipt, transportation agreement, contract of carriage, installment agreement, service agreement, or other similar document or agreement (the “Facility”). (b) The Customer acknowledges and accepts that the Facility is not temperature controlled or climate controlled, unless Maquette specifically states in writing that it agrees to exercise reasonable care to maintain the temperature of the Facility between 66 °F and 74 °F and to maintain the relative humidity in the Facility between 40% and 55%. (c) In the event Maquette specifically states in writing that it agrees to exercise reasonable care to maintain the temperature of the Facility between 66 °F and 74 °F and to maintain the relative humidity in the Facility between 40% and 55%, the Customer acknowledges and accepts that Maquette cannot and does not guarantee these temperatures and relative humidity. The Customer shall not attempt to change or change the temperature or the relative humidity in the Facility. If the Customer attempts to change or changes the temperature or the relativity humidity in the Facility, (i) it shall be a material breach of the Agreement, and Maquette may, in its sole discretion, immediately terminate the Agreementand (ii) the Customer shall, to the fullest extent permitted by law, defend, indemnify, and hold Maquette harmless for any claim, action, proceeding, liability, loss, damage, and expense, including, but not limited to, attorney's fees loss, caused by, arising from, or related in any way to any change in the temperature or the relative humidity in the Facility.

2.  Rates. (a) Monthly storage charges do not include any other charges for Services, including, but not limited to, moving goods to or from the Facility. (b) The monthly storage charges include monthly storage charge, overage or volume charge, and a sales tax at a rate of 8.875%. (c) Other Charges for Services (i) include, but is not limited to, charges for pick-up, delivery, ordinary labor and materials offsite, ordinary warehouseman’s labor and materials at the Facility, rigging offsite, and rigging at the Facility and (ii) may be subject to a sales tax at a rate of 8.875%. (d) For Services that require special handling, such as the collection, packing, loading, unloading, or storage of damaged, oversized, or unstable goods or hoisting or lowering of goods, Maquette shall provide the Customer with a quote in advance that is subject to Section 6 (Quotes) below. (e)Charges related to packing and moving do not include the labor and materials to take down or put up curtains, mirrors, fixtures, pictures, electronics, or other fittings, or the re-laying of floor coverings or other similar Services, but if such Services are ordered, a charge shall be made and the Customer agrees to pay those charges. (f) Unless otherwise agreed in writing between Maquette and the Customer, the choice of packing materials shall be left to the sole discretion of Maquette or its third-party subcontractor. 

3.  Acceptance and Application. (a) The act of tendering goods by the Customer to Maquette for Services shall constitute acceptance by the Customer of these Terms and Conditions. (b)Maquette and the Customer acknowledge and agree that these Terms and Conditions are applicable to all of Maquette’s invoices, bills of lading, waybills, warehouse receipts, warehouse agreements, storage agreements, pickup and delivery receipts, transportation agreements, contracts of carriage, installment agreements, service agreements, and other similar documents or agreements, and are incorporated therein. However, these Terms and Conditions are not applicable to Maquette’s Self-Storage Occupancy Agreement. (c) The Customer acknowledges and agrees that it is responsible for providing notice and a copy of these Terms and Conditions to all of its agents, representatives, and contractors.

4.  No Agency Relationship. (a) Subject to any applicable law, statute, regulation, treaty, or convention, these Terms and Conditions shall not be construed as creating an agency relationship between Maquette and the Customer.  (b) Maquette shall act at all times as an independent contractor, even when providing Services pursuant to a duly authorized power of attorney issued by the Customer.

5.  Services by Third Parties.  (a) Unless otherwise agreed in writing between Maquette and the Customer, Maquette shall be entitled to subcontract the whole or any part of any Service provided hereunder to third parties.  (b) Maquette shall exercise reasonable care in the selection of third-party subcontractors, but assumes no liability and shall not be held responsible for any loss, damage, injury, expense, or delay caused by their actions or omissions, except as provided in Section 14 (Liability of Maquette) below.  (c) It is agreed that third-party subcontractors providing Services hereunder shall be considered intended beneficiaries of the Agreement, but nothing in the Agreement shall be construed as limiting or relieving such third parties of liability to Maquette or the Customer for any loss, damage, injury, expense, or delay resulting from their acts or omissions.

6.  Quotes:  All fee and rate quotes provided by Maquette to the Customer are for informational purposes only and are subject to change without notice.  Under no circumstance shall a quote be binding upon Maquette unless Maquette undertakes in writing to provide Services thereunder at a specific and fixed fee or rate prior to the tender and acceptance of goods. These Terms and Conditions are incorporated in all quotes provided by Maquette to the Customer.

7.  Term and Cancellation.  In the event Maquette has agreed to provide storage Services to or on behalf of the Customer and where no fixed period of storage is provided in the Agreement, the term of the Agreement shall be from the date the goods are tendered or consigned to Maquette and Maquette accepts the goods for storage and continues month-to-month until either (i) the Customer gives not less than thirty (30) days written notice, cancelling the Agreement, to Maquette by mailing it to Maquette’s Mailing Address or (ii) Maquette gives not less than thirty (30) days written notice, cancelling the Agreement, to the Customer by mailing it to the Customer’s Mailing Address. The written notice must state the date of the termination.

8.  Billing and Payment. (a) Monthly charges, for each full or partial month, are payable in advance 288 West Street, New York NY 11013 on the first (1st) day of each month. Maquette shall charge only one-half of monthly charges for goods released by the fifteenth (15th) of the month; otherwise the full monthly charges shall be charged by Maquette to the Customer. In addition, the Customer shall pay: (i) a late charge of $25.00 for any month in which the monthly charges are more than ten (10) days late, (ii) an additional late charge of $25.00 for each full or partial month thereafter until the overdue charges are paid in full, (iii) a $25.00 charge for any payment returned uncollected, (iv) interest at a rate of two percent (2%) per month on any overdue charges, and (v) other charges as described in the Agreement. (b) Maquette may increase the monthly storage charge or any other charge at the beginning of any month. Maquette shall give not less than forty-five (45) days written notice of the increase to the Customer by mailing it to the Customer’s Mailing Address. (c)Maquette shall invoice the Customer for Services rendered at the time of service, except for recurring charges, such as the monthly storage charge. However, Maquette, reserves the right, and may, in its sole discretion, require payment from the Customer for Services prior to performance of said Services by or on behalf of Maquette.  (d) The Customer shall at all times maintain a valid credit card on file with Maquette. The Customer authorizes Maquette to charge the Customer’s credit card to satisfy any and all amount due to Maquette, unless Maquette permits the Customer to pay for charges by cash, money order, or check. Payments received by the Customer may be applied first to interest, late charges and the oldest storage charges due, in the sole discretion of Maquette. If the Customer delivers a check to Maquette, which is not honored for any reason, the Customer shall make all future payments hereunder by cash, bank or cashier's check, or money order. (e) Final payments for all unpaid charges shall be due and immediately payable prior to final release of goods by Maquette.

9.  Goods. (a) The Customer represents and warrants that the Customer has lawful possession of the goods as well as the right and authority to tender those goods to Maquette.  Customer further represents and warrants that the goods are free from any liens or encumbrances. (b) Customershall NOT store or consign to Maquette: (i) contraband or illegal substances; (ii) firearms or ammunition; (iii) inflammable, combustible, explosive, chemical, noxious, or other dangerous items; (iv) animals, food, plants, biological, or hazardous items; (v) items that have an infestation, pests, or other nuisance; (vi) items that the Customer does not have title to, lawful possession of, or right of possession; (vii) money, notes, accounts, bills, deeds, evidences of debt, or other valuable papers or records; (viii) jewelry, watches, furs, garments trimmed with fur, bullion, precious metals, precious or semi-precious stones or gems, stamps or coins whose values exceed face value, unless Maquette specifically agrees in writing to allow the Customer to store or consign to Maquette such items; (ix) items that require refrigeration; or (x) items that require temperature or climate control, unless Maquette specifically states in writing that it agrees to exercise reasonable care to maintain the temperature of the Facility between 66 °F and 74 °F and to maintain the relative humidity in the Facility between 34% and 46%. (the “Prohibited Goods”). (c) If the Customer stores or consigns any of the Prohibited Goods to Maquette, whether or not willfully disguised by the Customer, the Customer shall, to the fullest extent permitted by law, defend, indemnify, and hold Maquette harmless for any claim, action, proceeding, liability, loss, damage, and expense, including, but not limited to, attorney's fees, caused by, arising from, or related in any way to the Prohibited Goods. (d) Should Maquette, in its sole discretion, determine that any of the goods require treatment, fumigation, cleanup, or relocation for the protection of other goods, personal property, Maquette’s property, the Facility, Maquette’s employees, and other third parties, Maquette may render such service and the Customer shall be liable to Maquette for those services and agrees to pay for those services.

10.  Denial of Access to Goods. If the Customer does not pay in full the monthly storage charges and any other charges when due, Maquette, at any time and in its sole discretion, may deny Customer access to the Facility and the goods until the Customer pays those charges.

11.  Liability of the Customer. In addition to the liabilities set forth in Section 9 (Goods) above the Customer shall remain liable to Maquette for (i) all unpaid monthly storage charges and any other charges and (ii) any claim, action, proceeding, liability, loss, damage, and expense, including, but not limited to, attorney's fees, caused by, arising from, or related in any way to the Customer’s non-compliance of the Agreement.

12.  Indemnification, Defense, and Hold Harmless. In addition to the indemnification, defense, and hold harmless agreed by the Customer in Sections 1 (Storage, Location, and Temperature and Humidity Control) and 9 (Goods) above and Sections 13 (Insurance), 16 (Shipment to Warehouse) and 23 (Accurate Information) below, Customer agrees, to the fullest extent permitted by law, to defend, indemnify, and hold Maquette harmless for any claim, action, proceeding, liability, loss,damage, and expense, including, but not limited to, attorney's fees, (i) caused by, arising from, or related in any way to the Customer’s goods; (ii) concerning title to the goods, lawful possession of the goods, or right of possession of the goods; and (iii) caused by, arising from, or related in any way to an act or omission of the Customer.

13.  Insurance. The Customer acknowledges that Maquette is not an insurer of goods and that the Customer shall maintain its own insurance on the goods for any loss, damage, expense, or delay suffered while the goods are in Maquette’s care, custody, or control. The Customer’s insurance shall be considered as being for the benefit of the Customer and Maquette. In the event the Customer’s goods are lost or damaged, the Customer agrees to only make a claim against the Customer’s insurer. The Customer waives its right to make a claim against Maquette, and agrees not to make a claim against Maquette for loss or damage caused by, arising from, or related in any way to the Services provided by or on behalf of Maquette. The Customer agrees to have the Customer’s insurer waive any right of subrogation against Maquette.

14.  Liability of Maquette. (a) In consideration of the rate charged by Maquette, the Customer agrees that Maquette shall only be liable for its negligent acts that are the direct and proximate cause of injury to the Customer, including, but not limited to, loss or damage to goods, and further agrees that Maquette is free of any responsibility and liability as set forth in this section below, Section 5 (Services by Third Parties) above, and Sections 16 (Shipment to Warehouse), 17 (Transfer, Release, and Delivery), and 26 (Legal Compliance) below. (b) Maquette’s liability to the Customer for any and all Services provided by or on behalf of Maquette, if any, shall be limited to two thousand dollars ($2,000.00) unless both (i) an increased limit is declared in writing and (ii) the Customer agrees to pay and pays a higher rate for the increased limit prior to Maquette’s receipt of the goods. Such increased limit may be increased at the time of signing the Agreement or at the time the goods are tendered or consigned to Maquette by declaring the increased limit in writing to Maquette and paying Maquette $10.00 for each $100.00, or part of $100.00 liability plus sales tax.(c) In the event the Customer declares an increased limit, the Customer represents and warrants that the increased limit does not exceed the actual market value of the goods at the time of tender to Maquette. (d) The Customer acknowledges that it has been offered an opportunity to increase Maquette’s liability and that, in the absence of a declared increased limit and an agreement to pay a higher rate for the increased limit by the Customer, the Customer has elected the limitation set forth above in subsection (b) of this section to apply to Maquette’s liability, if any, to the Customer for any and all Services provided by or on behalf of Maquette. (e) Where the Customer’s goods are transported by interstate motor carriage, the Agreement shall constitute the entire contract of carriage between the Customer and Maquette.  The Customer further agrees to waive any and all rights and remedies under Title 49, Subtitle IV, Part B of the U.S. Code, pursuant to 49 U.S.C. § 14101, and agrees that its exclusive remedy for breach of the Agreement shall be an action filed in accordance with Section 21 (Jurisdiction and Venue) below (f) Notwithstanding anything to the contrary, Maquette shall not be liable for (i) any loss or damage caused by, arising from, or related in any way to acts of God, war, terrorism, random acts of violence, act of public enemy, acts of public authority, quarantines, riot, or strike; (ii) any loss or damage caused by, arising from, or related in any way to faulty, inadequate, or defective planning, design, materials, or maintenance of the goods; (iii) any special damages, indirect damages, incidental damages, punitive damages, or special damages, including, but not limited to, lost profits or loss of market, even if Maquette has been placed on notice of the possibility of such damages; (iv) any fragile items not packed by Maquette; (v) any mechanical or electrical functioning items; (vi) any of the Prohibited Goods identified in Section 9 (Goods) above, unless Maquette specifically states otherwise in writing for such items; and (vii) any loss, damage, expense, or delay caused by, arising from, or related in any way to wear and tear, inherent vice, infestation, rust, lack or failure of refrigeration, change in temperature, change in climate, climate condition, fumigation, deterioration, defect in or failure of any packing material, mold, or the Prohibited Goods identified in Section 9 (Goods) above.

 15. Lien.  (a) Maquette shall have a lien on all goods deposited by the Customer, or on the proceeds thereof in Maquette’s possession, for any and all charges, including, but not limited to, storage, increased valuation, and labor charges associated with any Services provided to the Customer as well as all costs and expenses necessary to preserve goods or reasonably incurred in its sale pursuant to Article 7 of the Uniform Commercial Code and any applicable law. (b) All goods deposited by the Customer shall be subject to Maquette’s lien for like charges in relation to other goods. (c) Upon notifying the Customer and any person claiming an interest in the goods, this lien may be enforced by public or private sale of the goods in block or parcel, at any time or place and on any terms which are commercially reasonable, pursuant to Article 7 of the Uniform Commercial Code and any applicable law, without judicial hearing. (d) If Maquette, in good faith, believes that the goods are abandoned and are about to deteriorate or decline in value to less than the amount of Maquette’s general lien before the end of the next succeeding storage month, Maquette may provide immediate demand for removal of the goods with payment of outstanding charges, and in case the goods are not removed by such specified date, may sell them at public or private sale as provided by law. The Customer acknowledges that this shall not relieve the Customer of its obligation to pay outstanding charges. The Customer further acknowledges that Maquette may enforce its superior lien by public or private sale in accordance with UCC 7-209 - 7-210.

16.  Shipment to Warehouse. (a) In the event that the Customer engages a third party to transport or deliver goods to Maquette for warehousing or storage, the Customer agrees not to ship goods to Maquette as the named consignee.  (b) Where goods are shipped to Maquette as the named consignee in violation of subsection (a) above, the Customer agrees to notify all third party carriers, with a copy of each notice to Maquette, that Maquette is acting solely as a warehouseman and has no beneficial title or interest in the goods.  The Customer further agrees, to the fullest extent permitted by law, to defend, indemnify, and hold Maquette harmless from any and all claims for unpaid transportation charges, including, but not limited to, unpaid freight, demurrage, and detention charges, made by such third parties. (c) The Customer further agrees that, should it fail to notify a third party carrier in accordance with subsection (b) above, Maquette shall have the right to refuse such goods and that Maquette shall not be liable or held responsible for any loss, damage, expense, or delay thereto, except as provided in Section 14 (Liability of Maquette) above.

17.  Transfer, Release, and Delivery. (a) All goods for storage must be shipped or delivered by the Customer to the Facility, and clearly marked with the Customer's name. The Customer shallonly use boxes and other packing materials that are in good condition and of sufficient quality to protect the goods. Any goods not delivered to the Facility properly packaged for storage shall be repacked by Maquette and the Customer agrees to pay for the cost of said repacking. (b) Except as provided in subsection (c) below, no goods shall be transferred, released, or delivered from the Facility prior to the receipt of complete, written instructions from the Customer via fax, email, EDI, or similar form of written communication. Maquette takes no responsibility for typographical or clerical errors contained in instructions sent by the Customer, whether by e-mail, fax, or letter. (c)Where no negotiable receipt is outstanding, goods may be transferred, released, or delivered from the Facility in accordance with telephone instructions, provided that the Customer has issued prior written authorization to Maquette for this purpose. However, Maquette shall not be liable or held responsible for any damage or loss occassioned by such transfer, release, or delivery, expect as provided in Section 14 (Liability of Maquette) above. (d) Upon receipt of instructions from the Customer to transfer, release, or deliver goods, Maquette shall be entitled to a reasonable amount of time to carry out the applicable instructions. Any estimated date or time given by Maquette for transfer, release, or delivery shall be approximate in nature and not binding unless it is agreed in writing between the Customer and Maquette that time is of the essence. (e) Maquette shall not be liable or held responsible for any loss, damage, expense, or delay if Maquette is unable to carry out the Customer’s instructions due to acts of God, war, public enemies, seizure under legal process, riot or civil commotion, any other reason that is beyond Maquette’s control, or any other excuse provided by law.  (f) The Customer agrees that, upon the transfer, release, or delivery of goods to a third party, including, but not limited to, any carrier or bailee engaged separately by the Customer, in accordance with the Customer’s instructions, Maquette shall have no further obligation, responsibility, or liability to the Customer for the goods, except as provided in Section 14 (Liability of Maquette) above. (g) If goods cannot be delivered in the ordinary way by stairs or elevator, the Customer agrees to pay an additional charge for hoisting or lowering or other necessary labor to effect delivery. The Customer shall arrange in advance for all necessary elevator and other services and any charges for these services shall be the responsibility of and paid by the Customer.

18.  Relocation. Maquette reserves the right to move, at its expense, any goods in storage from the Facility to any other of its warehouses. In the event, Maquette moves the goods pursuant to this section, Maquette shall give written notice to the Customer by mailing it to the Customer’s Mailing Address. If the Customer elects to take delivery of its Goods in lieu of transfer by Maquette, in addition to all unpaid charges, the Customer shall be responsible for the monthly storage charge, beginning on the first day of the storage month until the date the Customer takes delivery of the goods. If the Customer removes goods for any other reason, the Customer remains responsible for the full monthly storage charge and all unpaid charges.

19.  Claim. (a) The Customer acknowledges and agrees that it is the responsibility of the Customer, its agents, representatives, or contractors to note in writing any loss or damage to goods at the time of transfer, release, or delivery. A signed bill of lading or receipt without exception or notation as to loss or damage shall be prima facie evidence that the goods were not lost or damaged while in Maquette’s care, custody, or control. (b) All claims by the Customer for damage or loss to goods transported by interstate motor carriage must be submitted to Maquette in writing within nine (9) months from (i) the date of delivery or (ii) the date on which delivery should have occurred.  (c) All other claims by the Customer for any loss, damage, injury, expense, or delay must be submitted in writing to Maquette within sixty (60) days from (i) the date of transfer, release, or delivery or the date the Services were completed, (ii) the date on which transfer, release, or delivery should have occurred or the date the Services should have been completed, or (iii) the date on which the Customer received written or oral notice from Maquette of the loss, damage, injury, expense, or delay at issue, whichever occurs first. Failure by the Customer to submit a claim to Maquette in writing within the applicable time set forth in this section shall bar the Customer from pursuing its claim against Maquette.

20.  Limitation on Actions. (a) Subject to Maquette’s receipt of timely notice of claim, pursuant to Section 19 (Claim) above, all suits, actions, or proceedings arising from or related in any way to the Services provided by or on behalf of Maquette or the Agreement shall be filed against Maquette within the following periods: for goods transported by ocean carriage to or from the United States, within one (1) year from (i) the date of delivery or (ii) the date on which delivery should have occurred; for goods transported by interstate motor carriage, within two (2) years from the declination or disallowance, in whole or in part, of a timely claim submission to Maquette; for goods transported by international air carriage, within two (2) years from the date of arrival, the date on which arrival should have occurred, or the date on which carriage stopped; for all other movements, storage, warehousing, and other Services provided by or on behalf of Maquette, within nine (9) months from (i) the date of transfer, release, or delivery or the date the Services were completed, (ii) the date on which transfer, release, or delivery should have occurred or the date the Services should have been completed, or (iii) the date on which the Customer received written or oral notice from Maquette of the loss, damage, injury, expense, or delay at issue, whichever occurs first. (b) In the event that any limitation period set forth in subsection (a) above violates the compulsory or restrictive provisions of any applicable law, statute, regulation, treaty, or convention, all suits, actions, or proceedings must be filed against Maquette within the shortest allowable period set forth therein.

21.  Jurisdiction and Venue.  The Agreement shall be governed by the laws of the State of New York without regard to its conflicts of law principles.  Maquette and the Customer agree that any suit, action, or proceeding arising from or related in any way to the Services provided by or on behalf of Maquette or the Agreement shall be commenced in the County of New York, State of New York, to the exclusion of all other venues, and irrevocably submit to the jurisdiction of any court (state or federal) so located therein.

22.  Waiver of Trial by Jury. Maquette and the Customer waive trial by jury in any suit, action, or proceeding arising from or related in any way to the Services provided by or on behalf of Maquette or the Agreement.

23.  Accurate Information. (a) The Customer agrees to provide Maquette with accurate and complete information to allow Maquette to comply with all laws and regulations governing the Services provided by or on behalf of Maquette. In addition to Section 12 (Indemnification, Defense, and Hold Harmless) above, the Customer further agrees, to the fullest extent permitted by law, to defend, indemnify, and hold Maquette harmless for any and all losses, damages, fines, penalties, and costs, including, but not limited to, reasonable attorneys’ fees, incurred by Maquette in connection with the Customer’s failure to fully comply with this obligation. (b) It shall be the Customer’s responsibility to ensure that all addresses, including, but not limited to, billing and delivery addresses, are accurately conveyed to Maquette. 

24.  Notices. Notices shall be deemed given when deposited with the U.S. Postal Service or when sent by email, as applicable.

25.  No Waiver of Agreement Terms. (a) If Maquette does not take action for non-compliance of the Agreement by the Customer, such inaction shall not prevent Maquette from taking action in response to future non-compliance by the Customer. Acceptance by Maquette for charges with knowledge of non-compliance by the Customer shall not be a waiver of non-compliance, and shall not estop Maquette from demanding compliance by the Customer. (b) Maquette’s acceptance of a partial payment shall not be a waiver of the balance of charges, a waiver of the full payment of any future charges, or a waiver of any of Maquette’s rights or remedies for the Customer’s failure to make full payment, even if the payment is made with a memo stating “payment in full,” “full and final settlement,” “paid in full,” or other similar language. (c) Maquette’s acceptance of one or more partial payments shall not constitute as “accord and satisfaction” of any unpaid charges, even if the payment is made with a memo stating “payment in full,” “full and final settlement,” “paid in full,” or other similar language.

26.  Legal Compliance.  (a) The Customer hereby acknowledges that it is the responsibility and duty of the Customer to know and comply with all applicable laws, statutes, regulations, treaties, and conventions.  (b)  Maquette shall not be liable for any action taken or any fine or penalty assessed by any government agency against the Customer on account of Maquette’s failure to comply with such laws, statutes, treaties, and conventions, except as provided in Section 14 (Liability of Maquette) above.  (c)  The Customer further acknowledges that it is the sole responsibility and duty of the Customer to maintain all records required by such laws, statutes, regulations, treaties, and conventions. Unless otherwise agreed in writing between Maquette and the Customer, Maquette shall only keep those records that it is required to maintain by law, statute, regulation, treaty, or convention, but not as a “record-keeper” or “record-keeping agent” for the Customer.

27.  Assignment.  The Customer shall not assign the Agreement by operation of law or otherwise without the prior written consent of the President of Maquette and payment in full of all outstanding charges to Maquette. Any attempted assignment in violation of this section shall, in the sole discretion of Maquette, terminate the Agreement.

28.  Invalidity. If any provision of the Agreement is determined to be void, invalid, or otherwise unenforceable, the remaining provisions shall remain unaffected, valid, and enforceable in full force and effect.

29.  Heading. Headings and sections in these Terms and Conditions are inserted for convenience only, and shall not govern or change any of these Terms and conditions.

30.  Biding Effect of Agreement. The Agreement shall bind and benefit Maquette and the Customer.

31.  Final Understanding. The Agreement states the entire agreement between Maquette and the Customer for the Services provided by or on behalf of Maquette, and supersedes and replaces all prior or contemporaneous agreements, understandings, and negotiations, including, but not limited to, any terms and conditions contained on warehouse receipts, inventories, and bills of lading.  There are no other representations, promises, agreements, or understandings betweenMaquette and the Customer that are not specifically contained in the Agreement. Any representations, promises, agreements, understandings, or waivers not contained in the Agreement shall not be effective unless in writing and signed by the President of Maquette and the Customer, except for increases in charges, of which the Customer shall be notified in accordancewith Section 8 (Billing and Payment) above.

NYC CONTACT

48-49 35th Street,

Long Island City, NY 11101

30-30 Hunters Point,

Long Island City, NY 11101

BOSTON CONTACT

Phone: 212-925-3067 x3512

Email: mqtboston@maquettefas.com

420 Pearl Street,

Malden, MA 02148

WORKING HOURS

Mon - Fri: 8am - 6pm

​​Saturday: by appointment

​Sunday:by appointment