Exhibitors – Find your GES show
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 of Contract.
GES TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT GES’ SOLE DISCRETION WITHOUT NOTICE TO ANY PARTIES – Rev. 2/10
Global Experience Specialists, Inc. is hereinafter referred to as GES. GES as referenced hereinafter shall include, but is not limited to the following services: electrical (a/k/a TSE/Trade Show Electrical), rigging, material handling, installation and dismantle, and logistics provided by GES personnel to exhibitor pursuant to any purchase of Services. Agents: GES’ agents, sub-contractors, carriers, and the agents of each; Customer: Exhibitor or other party requesting Services from GES; Goods: Exhibits, property, and commodities of any type for which GES is requested to perform Services; Carrier: Motor carrier, van line, air carrier, or air or surface freight forwarder; Shipper: Party who tenders Goods to Carrier for transportation; Cold Storage: Holding of Goods in a climate controlled area; 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. Services: Warehousing, transportation, drayage, and/or related services.
These Terms and Conditions shall be binding upon Customer, GES, and their respective Agents, representatives, Shipper and Consignee, including but not limited to Customer contracted labor such as Customer Appointed Contractors and Installation and Dismantle Companies, 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.
UNDER NO CIRCUMSTANCES WILL ANY PARTY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME. 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 DIRECT NEGLIGENCE OR WILLFUL MISCONDUCT OF GES. CLAIMS PRESENTED FOR LOSS OR DAMAGE ARISING OUT OF INCIDENTS REFERENCED IN SECTION VI HEREIN WILL BE DENIED.
This Agreement shall be governed by and 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 of Oregon, or as applicable depending upon jurisdiction, the Multnomah County Circuit Court in Portland, Oregon.
All terms and conditions relative to Advanced Warehousing/Temporary Storage/Long Term Storage are contained in separate agreements titled “Storage Agreement”. In the event that a Storage Agreement is not executed between the parties, the following shall apply with respect to GES’ liability for Customer’s Goods. The responsibility of GES with respect to Customer’s Goods is limited to the exercise of ordinary care and diligence in handling and storing of Customer’s Goods. GES shall be liable only for loss or damage to Goods caused by GES’ sole negligence. GES’ liability is limited to $.60 (USD) per pound with a maximum liability of $100.00 (USD) per container, or $1,500.00 (USD) per shipment whichever is less. In case of partial loss or damage, the maximum liability shall be prorated based on weight. GES is not responsible for any loss or damage to Goods caused by, but not limited to fire, theft, the elements, vandalism, moisture, vermin, mechanical breakdown or failure, freezing or changes in temperature, as well as any other causes beyond GES’ immediate control. GES is not responsible for the marring, scratching or breakage of glass or other fragile items. GES is not liable for the mechanical functions of instruments or appliances even if such articles are packed or unpacked by GES. In no event shall GES be liable for special, incidental, indirect or consequential damages, including business loss of any kind, resulting from any damage to or loss of the Goods or from any act or failure to act. Customer pays storage fees or costs for advance warehousing for use of the space only. There is no guarantee of security or representations made by GES as to appropriateness of the conditions for Customer’s Goods. The risk of loss remains Customer’s alone and GES recommends the Customer carry and maintain insurance in amounts sufficient to cover its risk.
These terms apply to your order.