The name "EXPO" shall be construed within the meaning of this contract as EXPO Convention Contractors, Inc., Inc. and its employees, officers, agents, and assigns including any subcontractors EXPO may appoint. The term "exhibitor" refers to any party who contracts for services with EXPO. EXPO shall be responsible only for those services which it directly provides, and hereby agrees to execute its contracted duties in good faith. EXPO assumes no responsibility for any person, parties, or other contracting firms not under EXPO's direct supervision and control. EXPO shall not be responsible for loss, delay or damage due to strikes, lockouts, work stoppages, natural elements, vandalism, acts of God, civil disturbances, power failures, acts of terrorism or war, or any other causes beyond EXPO's reasonable control; or for ordinary wear and tear in the handling of materials. Due to the security and liability requirements, EXPO personnel will unload all vendor materials from the loading docks to the booths.
The exhibitor agrees to indemnify, forever hold harmless and defend EXPO and its employees, officers and agents from and against any and all claims, causes of action, fines, penalties, damages, liabilities, judgments, and expenses on account of personal injury or death, damage to or loss of property or profits arising out of, or contributed to by any of the following: (1) exhibitor's negligent supervision of any labor secured through EXPO or the negligent supervision of such labor by any of the exhibitor's employees, agents, representative, invitees, and/or exhibitor appointed contractor (EAC); (2) exhibitor's negligence, willful misconduct, or deliberate act, or such actions of exhibitor's employees, agents, invitees, representatives, or EACs at the show to which this contract relates, including but not limited to the misuse, improper use, unauthorized alteration or negligent handling of EXPO equipment; or (3) exhibitor's violation of Federal, State or Local ordinance; or violation of show regulations and/or rules as published by the Facility and/or Show Management.
Exhibitor agrees that any and all claims for loss or damage shall be submitted to EXPO prior to the conclusion of the show when alleged loss or damage occurred prior to that time, and in all cases within 30 days of the conclusion of the show. For claim reporting purposes, the "conclusion" of the show shall be construed as the end of the day on which exhibitor must vacate the show site. All claims reported after the 30-day period will be rejected. In no event shall a suit or action be brought against EXPO more than one year after the date that loss or damage occurred. Payment for services may not be withheld. In the event of any dispute between EXPO and the exhibitor relative to any loss or damage claim, the exhibitor shall not be entitled to, and shall not withhold payment for EXPO services as an offset against the amount of the alleged loss or damage. Any claim against EXPO shall be considered a separate transaction and shall be resolved on its own merit.
If found liable for any loss or damage, EXPO's sole and maximum liability for loss or damage to exhibitor's materials will be limited to the repair or replacement with like kind and quantity, subject to a dollar amount not to exceed $5.00 (five dollars) per pound based on the weight of the articles for which EXPO specifically acknowledges receipt in writing. EXPO shall in no event be liable for collateral, exemplary, indirect costs or damages, or loss of sales resulting from, or related to, a claim for loss of or damage to material.
Consistent with trade show industry practices, there may be a lapse of time between the delivery of shipment(s) to the booth and the arrival of the exhibitor or his representative. During such time, the materials will be left unattended. EXPO is not, and cannot be, responsible for loss, damage, theft, or disappearances of exhibitor's materials after same have been delivered to the exhibitor's booth. Similarly, there may be a lapse of time between the completion of packing and the actual pick up of exhibitor's materials from the booth for loading onto a carrier. During such time, the materials will be left unattended. EXPO shall not be responsible for loss, damage, theft, or disappearance of exhibitor's materials before same have been picked up for loading after the show. All materials will be checked at the booth at the time of loading using document(s) submitted by the exhibitor and notations of exceptions to conditions of materials, or piece counts will be made on said document. EXPO assumes no responsibility for loss, damage, theft, or disappearance of exhibitor's materials after same have been delivered to exhibitor's appointed carrier or agent for transportation after the show. EXPO loads materials onto the carrier's truck under the supervision of the carrier driver who checks and signs for the materials. EXPO assumes no liability for any materials after the carrier assumes custody of materials. If exhibitor's designated carrier fails to show by the moveout deadline after a show, EXPO shall have the authority to route exhibitor's shipment via an alternate carrier, or return shipment to a local warehouse for disposition at exhibitor's expense.
EXPO shall not be responsible for surface damage to loose or uncrated materials, pad-wrapped, or shrink-wrapped materials. EXPO shall not be responsible for concealed damage, damage to carpets in bags or poly, or damage to materials improperly packed. EXPO shall not be responsible for crates and packaging unsuitable for handling, partially assembled, or having prior damage. Affixing "Empty" storage labels to containers is the sole responsibility of the exhibitor or his representative. All previous labels should be removed. EXPO assumes no responsibility for removal or misdelivery of containers with old labels or incorrect information on labels or for loss or damage to materials stored in containers labeled "empty."
All materials are on a rental basis and shall remain the property of EXPO. The customer shall be held financially responsible for any damage to EXPO equipment used by the customer. Prices quoted are for the duration of the show and include installation, rental, and removal, except where indicated.
Onsite exchanges and cancellations in orders will be assessed a 100% pick-up fee. A 6% processing fee will be added to all orders prior to refunding a credit balance of any type.
Exhibitor does hereby authorize EXPO to charge the credit card on file for all freight and labor services to include but not limited to assembling, disassembling, shipping and handling both at the EXPO advance warehouse and at show site. The Exhibitor does hereby authorize EXPO to charge the credit card on file for all orders placed at show site by the exhibitor.
EXPO charges a 3% convenience fee for payments using a credit or debit card. This convenience fee is a charge in addition to the original transaction amount for the convenience of being able to use an alternate payment method. The fee will not apply to ACH and Wire payments and the same will be removed once processed. However, wire transfers must include an additional $30.00 for domestic and $50.00 for international bank fees.