X hits on this document





14 / 53

forth in this document. Forced Freight - ICES shall not be liable for Goods not picked up by Customers' chosen carrier

claim for the payment of a specified or determinable amount of money. Such claim must be

filed with the appropriate party within the time limits specified below.

by the show deadline. It is Customer's responsibility to complete accurate paperwork for ship-

Damage Reports, incident reports, inspection reports, notations of shortage or damage on

ping and insure its' Goods are appropriately labeled. Customer acknowledges that it is a

freight bills or other documents, do not constitute filing of claim. Claims of Goods alleged to

lessee of space, and as such has an obligation to remove its' Goods on or before the targeted

be lost, stolen or damaged at the Show Site must be received in writing by ICES within sixty

time. If Goods remain on the floor after this point, ICES has the right to remove them in order

(60) days after the close of the show. Claims of Goods alleged to be lost or damaged during

to restore the premises to its' original condition for show management pursuant to the venue's

transit must be received by the responsible party within nine (9) months of date of delivery

lease with show management. In such cases ICES is authorized to proceed in the manner

months of date of delivery of Goods. Claims for damage in transit should be made directly

chosen by Customer on the Order for Material Handling Services / Straight Bill of Lading.

with the Customer's carrier as shown on the Material Handling Form/Bill of Lading. In the

Failure to select one of the provided options will result in re-routing at ICES' discretion, and at

event of a dispute with ICES, Customer will not withhold payment of any amount due ICES for

Customer's expense assuming the Goods are labeled for return. ICES retains the right to

Services as an offset against the amount of the alleged loss or damage. Customer agrees to

dispose of Goods left on the show floor without liability if left unattended, left without labels or

pay ICES prior to the close of the show for all such charges and further agrees that any claim

not correctly labeled. Concealed Damage - ICES shall not be liable for concealed loss or damage, uncrated Goods,

Customer may have against ICES shall be pursued independently by Customer as a separate

action to be resolved on its merits. ICES retains the right to pursue collection on amounts

or improperly packaged or labeled Goods. Unattended Booth - ICES shall not be liable for any loss or damage occurring while Goods are

owed after show close, without regards to any amount alleged to be owed for damage or loss. Filing of suit - Any action at law regarding loss or damage to Goods must be filed

unattended in Customers booth at any time, including but not limited to the time the Goods

are delivered to the dock until the time the Goods are received by Customers' chosen

within two (2) years of the date of declination of any part of a claim. 7. Jurisdiction, Choice of Forum -

carrier. All Material Handling Forms and/or Straight Bills of Lading covering outgoing Goods

This Agreement shall be govered by and construed in accordance with the application laws of

submitted to ICES will be checked at the time of pickup from the booth and corrections to the

the United States or, alternatively, and depending on jurisdiction, the laws of the State of

count or condition will be documented where discrepencies exist. Measure of damage - ICES' liability shall be limited to the lesser of (1) the depreciated value of

Hawaii. The parties hereby submit to jurisdiction and venue in the United States Federal

District Court of Hawaii, or as applicable depending upon jurisdiction, the State of Hawaii's

Goods, (2) repair cost, or (3) the limitation of liability. The limitation of liability shall be $0.30

Circuit Court in Honolulu, Hawaii.

(thirty cents) per pound per piece, with a maximum liability of $50.00 (fifty dollars) per item or

8.Advanced Warehouseing/Temporary Storage/Long Term Storage

$1000.00 (one thousand dollars) per shipment, whichever is less. Excess Declared Value - If Customer wishes a higher limitation of liability than stated above,

All terms and conditions relative to Advanced Warehousing/Temporary Storage/Long Term

Storage are contained in the separate agreement, entitled "Storage Agreement". In the event

for loss or damage to property that occurs during the show, the Customer may do so by

that a Storage Agreement is not executed between the parties, the following shall apply with

declaring a value in the space provided on the ICES services order form(s) and also on the

respect to, ICES Liability for Customer's Goods:

Material Handling Order Form and paying by the appropriate additional charge in advance of

The responsibility of ICES with respect to Exhibit Material is limited to the exercise of ordinary

the commencement of services by ICES. Maximum liability for damages resulting from ICES

care and diligence in handling and storing of Customer's Goods. ICES shall be liable only for

negligence shall then be increased to the amount of declared, but in no case shall it exceed

the loss or damage to Goods caused by ICES' sole negligence. ICES' liability is limited to thirty

the depreciated value of the Goods or repair costs, whichever is less. In case of partial loss or

cents per pound ($0.30) of the actual cash value per item. In case of partial loss or damage,

damage,the maximum liability shall be prorated based upon weight. Excess Declared Value is

the maximum liability shall be prorated based on weight. ICES is not responsible for any loss

not for: plasma screens, or other fragile electronic equipment, original art, and prototypes. The

or damage to Goods caused by, but not limited to fire, theft, the elements, vandalism,

Declared Value may never exceed $100,000 for the purpose of this provision and ICES' liability

moisture, vermin, mechanical breakdown or failure, freezing or changes in temperature, as we

in all circumstances liability in all circumstances shall be limited to the amount of this cap. No Insurance - ICES is not an insurance company and does not offer or provide insurance. It

as any other causes beyond ICES' immediate control. ICES is not responsible for the marring,

scratching or breakage of glass or other fragile items. ICES is not liable for the mechanical

is the obligation of Customer to ensure Goods are insured at all times. Loss or theft of the

functions of instruments or appliances event if such articles are packed or unpacked by ICES.

Goods in storage or in transit to and from the show and or while on the show floor is the sole

In no event shall ICES be liable for special, incidental, indirect or consequential damages,

responsibility of Customer, unless it is shown that ICES performed in a manner that constitutes

including business loss of any kind, resulting from any damage to or loss of the Goods or

gross negligence in the performance of its services for Customer. Notice of loss or damage - In order to have a valid claim notice of loss or damage to Goods

from any act or failure to act. Customer pays storage fees, if any or costs for advance ware-

housing for use of the space only. There is no guarantee of security or representations made

must be given to ICES or its agent within 24 hours or occurrence or delivery of Goods, which-

by ICES as to appropriateness of the condition for Exhibitors' Material. The risk of loss

ever is later. Filing of Claim - Any claim of loss or damage to Goods must be in writing, containing facts

remains the Customers alone and ICES recommends the Customer carry and maintain

insurance in amounts sufficient to cover its' risk.

sufficient to indentify the Goods, asserting liability for alleged loss or damage, and making

I have read & agree to this Limits of Liability:

Signature of Authorized Personnel

Title & Date

(page 2 of 2)


Document info
Document views162
Page views162
Page last viewedSun Dec 11 10:21:31 UTC 2016