GES TERMS AND CONDITIONS OF CONTRACT

I. Definitions
GES: GES Exposition Services, Inc., d/b/a GES and/or GES Logistics, and their employees.
Agents: GES agents, sub-contractors, carriers, and the agents of each.
Customer: Exhibitor or other party requesting Services from GES.
Carrier: Motor carrier, van line, air carrier, or air or surface freight forwarder.
Shipper: Party who tenders goods to Carrier for transportation.
Consignee: Party to whom goods are shipped.
ICCTA: Part B 49 U.S.C. Sections 13101 - 14914, of the ICC Termination Act of 1995.
HAZMAT: Those articles, commodities and/or goods defined as hazardous in 49 CFR Parts s171-177.
Goods: Exhibits, property, and commodities of any type for which GES is requested to perform Services.
Cold Storage: Holding of Goods in a climate controlled area.
Accessible Storage: Holding of Goods in an area from which Goods may be removed during shows.
Services: Warehousing, transportation, drayage, and/or related services.

II. Scope
These Terms and Conditions shall be binding upon Customer, GES, Agents, Shipper, Consignee, and any other party with an interest in the Goods. Each shall have the benefit of and be bound by all provisions stated herein, including but not limited to time limits and limitations of liability.
By acceptance of services of GES or Agents, Customer and any other party with an interest in the goods agree to these Terms and Conditions.

III. Customer Obligations
Payment for Services. Customer, Shipper, and Consignee shall be jointly liable for all unpaid charges for services performed by GES or Agents.
Credit Terms. All charges are due before Services are performed unless other arrangements have been made in advance. GES has the right to require prepayment or guarantee of the charges at the time of request for Services. If a credit card is provided to GES, GES is authorized to bill to such credit card any unpaid charges for services provided to Customer, including charges for return shipping. Any charges not paid within 30 days of delivery will be subject to interest at 1 ½% per month until paid.
Proper Description. Customer is obligated to disclose to GES and Carrier if Customer's packages contain items that are considered Hazardous Materials or Dangerous Goods. Customer has the obligation to ensure that each package is properly and completely described, is properly marked and addressed, and is packaged adequately to protect the contents during transportation. Customer must provide all documentation for HAZMAT shipping as required by the Department of Transportation. Customer hereby agrees to provide GES and Carrier with accurate information in order to allow for all proper disclosures to be made on Customer's shipment. Customer is responsible for all placarding.

IV. Mutual Obligations
ICCTA Waiver. Customer and GES expressly and mutually waive, to the extent permissible under law, any and all rights and remedies each may have under ICCTA to the extent those provisions conflict with these Terms and Conditions.
Indemnification:
Customer to GES. Except to the extent of GES's own negligence and/or willful misconduct, Customer shall defend, hold harmless and indemnify GES from and against any claims, lawsuits, demands, liability, costs and expenses, including reasonable attorney's fees and court costs, resulting from any injury to or death of persons, or damage to property, relating to or arising from performance under this Agreement.
Unless otherwise agreed, Customer agrees to indemnify and hold GES harmless for any transportation charges.
GES to Customer. To the extent of GES' own negligence and/or willful misconduct, and subject to the limitations of liability below, GES shall defend, hold harmless and indemnify Customer from and against any claims, lawsuits, demands, liability, costs and expenses, including reasonable attorney's fees and court costs, resulting from any injury to or death of persons, or damage to property other than Goods.

V. No Liability for Consequential Damages
UNDER NO CIRCUMSTANCES WILL ANY PARTY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME.

VI. GES Liability for Loss or Damage to Goods
Negligence Standard. GES shall be liable, subject to the limitations contained herein, for loss or damage to Goods only if such loss or damage is caused by the negligence or willful misconduct of GES.
Force Majeure. GES shall not be liable for loss or damage that results from Acts of God, weather conditions, act or default of Customer, shipper, or the owner of the goods, inherent nature of the goods, public enemy, public authority, labor disputes, acts of terrorism or war.
Cold Storage. Goods requiring cold storage are stored at Exhibitor's own risk. GES assumes no liability or responsibility for Cold Storage.
Accessible Storage. GES assumes no liability for loss or damage to goods while in Accessible Storage.
Concealed Damage. GES shall not be liable for concealed loss or damage, uncrated goods, or improperly packaged or labeled goods.
Forced Freight. GES shall not be liable for Goods not picked up by Customer's chosen carrier by the show deadline. It is Customer's responsibility to complete accurate paperwork for shipping and insure its' Goods are appropriately labeled. Customer acknowledges that it is a lessee of space, and as such has an obligation to remove its' Goods on or before the targeted time. If Goods remain on the floor after this point, GES has the right to remove them in order to restore the premises to its original condition for show management pursuant to the venue's lease with show management. In such cases GES is authorized to proceed in the manner chosen by Customer on the Order for Material Handling Services/Straight Bill of Lading. Failure to select one of the provided options will result in re-routing at GES' discretion, and at Customer's expense assuming the Goods are labeled for return. GES retains the right to dispose of Goods left on the show floor without liability if left unattended, left without labels or not correctly labeled.
Unattended Booth. GES shall not be liable for any loss or damage occurring while Goods are unattended in Customer's 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 Customer's chosen carrier. All Material Handling Forms and/or Straight Bills of Lading covering outgoing Goods submitted to GES will be checked at the time of pickup from the booth and corrections to the count or condition will be documented where discrepancies exist.
Measure of Damage.. GES' liability shall be limited to the lesser of 1) the depreciated value of goods, 2) repair cost, or 3) the limitation of liability. The limitation of liability shall be $.50 (fifty cents) per pound per package, $100.00 (one hundred dollars) per package or $1,500.00 (one thousand five hundred dollars) per occurrence.
Excess Declared Value. If Customer wishes a higher limitation of liability than stated above, for loss or damage to property that occurs during the show, the Customer may do so by declaring a value in the space provided on the GES services order form(s) and also on the Material Handling Order Form and paying by the appropriate additional charge in advance of the commencement of services by GES. Maximum liability for damages resulting from GES' negligence shall then be increased to the amount declared, but in no case shall it exceed the depreciated value of the Goods or repair costs, whichever is less. In case of partial loss or damage, the maximum liability shall be prorated based on weight. Excess Declared Value is not for: plasma screens, or other fragile electronic equipment, original art, and prototypes. The Declared Value may never exceed $100,000, for the purpose of this provision and GES' liability in all circumstances shall be limited to the amount of this cap.
No Insurance. GES is not an insurance company and does not offer or provide insurance. It is the obligation of Exhibitor to ensure goods are insured at all times.
Notice of Loss or Damage. Notice of loss or damage to goods must be given to GES or its agent within 24 hours of occurrence or delivery of goods, whichever is later.
Filing of Claim. Any claim for loss or damage to Goods must be in writing, containing facts sufficient to identify the Goods, asserting liability for alleged loss or damage, and making 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. Damage reports, incident reports, inspection reports, notations of shortage or damage on freight bills or other documents, do not constitute filing of a claim.
Claims for Goods alleged to be lost or damaged during transit must be received by the responsible party within nine (9) months of date of delivery of Goods. GES Logistics subcontracts the movement of Goods to third party carriers. Claims for damage in transit should be made directly with the Customer's carrier as shown on the Material Handling form/ Bill of Lading. In the event of a dispute with GES, Customer will not withhold payment or any amount due GES for Services as an offset against the amount of the alleged loss or damage. Customer agrees to pay GES prior to the close of the show for all such charges and further agrees that any claim Customer may have against GES shall be pursued independently by Customer as a separate action to be resolved on its own merits. GES retains the right to pursue collection on amounts owed after show close, without regard 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 construed in accordance with the applicable laws of the United States or, alternatively, and depending on jurisdiction, the laws of the State of Oregon. The parties hereby submit to jurisdiction and venue in the United States Federal District Court for the District of Oregon, or as applicable depending upon jurisdiction, the Multnomah County Circuit Court in Portland, Oregon.

These terms apply to your order.