MATERIALHANDLING
TERMS &
CONDITIONS
Acceptance of said terms and conditions will be constructed when any of the following conditions are met:
~ THE MATERIAL HANDLING ORDER FORM AND INVOICE IS SIGNED; OR
~ WHEN EXHIBITOR’S MATERIALS ARE DELIVERED TO LES’S WAREHOUSE OR TO A SHOW/ EXPOSITION SITE
FOR WHICH LEVY EXPOSITION SERVICES INC. IS THE OFFICIAL SHOW CONTRACTOR; OR
~ WHEN AN ORDER FOR LABOR AND/ OR RENTAL EQUIPMENT IS PLACED BY AN EXHIBITOR WITH LEVY
EXPOSITION SERVICES INC.
1. DEFINITIONS. “Levy Exposition Services Inc” (”LES”), and
any sub-contractors affiliated within the show.
2. PACKAGING AND CRATES. LES shall not be responsible for
damage to loose, uncrated materials, pad-wrapped or shrink-
wrapped materials, glass breakage, concealed damage,
carpets in bags or poly, or materials improperly packed. In
addition, LES shall not be responsible for crates and packaging
which are unsuitable for handling, in poor condition, or have
prior damage. Crated and packaging should be of a design to
adequately protect contents for handling by forklift and similar
means.
3. EMPTY CONTAINERS. Empty container labels will be
available at the show site service desk. Affixing labels to the
containers is the sole responsibility of EXHIBITOR or his
representative. All previous labels must be removed or
obliterated. LES assumes no responsibility for: Error in the
above procedures; Removal of containers with old empty labels
& without LES labels; or Improper information on empty labels.
LES WILL NOT BE LIABLE FOR LOSS OR DAMAGE TO
CRATES AND CONTAINERS OR THEIR CONTENTS WHEN
SAID ITEMSARE IN EMPTY CONTAINER STORAGE.
4. INBOUND SHIPMENT(S). 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
EXHIBITOR or his representative, and during such time the
materials will be left unattended. LES WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE,
THEFT, OR DISAPPEARANCE OF EXHIBITOR’S
MATERIALS AFTER SAME HAVE BEEN DELIVERED TO
EXHIBITOR’S BOOTH AT SHOW SITE. LES highly
recommends the securing of security services for Facility or
Show Management.
5. OUTBOUND SHIPMENT(S). Consistent with trade show
industry practices, there may be a lapse of time between the
completions of packing and the actual pickup of materials from
the booths for loading onto a carrier and during such time the
materials will be left unattended. LES WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE,
THEFT, OR DISAPPEARANCE OF EXHIBITOR’S
MATERIALS BEFORE SAME HAVE BEEN PICKED UP FOR
RELOADING AT THE CONCLUSION OF THE EVENT. LES
highly recommends the securing of security services from
Facility or Show Management. All Material Handling
Agreements submitted to LES by EXHIBITOR will be checked
at the time of pickup from booth and corrections will be made
where discrepancies exist between the quantities of times
listed by EXHIBITOR and the actual count of such items in the
booth at the time of pickup.
6. LES’S RESPONSIBILITIES. LES shall be responsible only for
those services which it directly provides. LES assumes no
responsibility for any persons, parties, or other contracting firms
not under LES’s direct supervision and control. LES shall not
be responsible for loss, delay, or damage due to strike,
lockouts, work stoppages, natural elements, vandalism, acts of
God, civil disturbances, power failure, explosion, acts of
terrorism or war, other causes beyond LES’s reasonable
control, nor for ordinary wear & tear in the handling of materials.
7. INSURANCE. It is understood that LES is not an insurer.
Insurance on exhibit materials, if any, shall be obtained by
EXHIBITOR in amounts and for perils determined by
EXHIBITOR. EXHIBITOR agrees to provide LES with a release
of subrogation to the extent of any insurance settlement
received.
8. CLAIM(S) FOR LOSS. Claims for loss or damage must be
reported at show-site.
A. PAYMENT FOR SERVICES MAY NOT BE WITHHELD. In
the event of any dispute between the EXHIBITOR shall not
be entitled to and shall not withhold payment, or any partial
payment due to LES for its services, as an offset against the
amount of any alleged loss or damage.
If found damaged LES’s soleB. MAXIMUM RECOVERY.
and exclusive MAXIMUM liability for loss or damage to
EXHIBITOR’s materials and EXHIBITOR’s sole and
exclusive remedy is limited to $.50 per pound article with a
maximum liability of $100.00 per item, or $1,500.00 per
shipment.
9. JURISDICTION. THIS CONTRACT SHALL BE CONSTRUED
UNDER THE LAWS OF THE STATE OF NEW YORK
WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS
RULES. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING
OUT OF OUR RELATING TO THIS CONTRACT SHALL
RESIDE IN A COURT OF COMPETENT JURISDICTION IN
NEW YORK, NY.
10. INDEMNIFICATION. EXHIBITOR agrees to indemnify, forever
hold harmless and defend LES, its employees, directors,
officers, and agents from and against any and all demands,
claims, causes of action, fines, penalties, damages (including
consequential), liability, judgments, and expenses (including
but not limited to reasonable attorney’s fees and investigation
costs) on account of personal injury, death, or damage to or loss
of property or profits arising out of, or contributed to, by any of
the following:
- EXHIBITOR’s negligent supervision of any labor secured
through LES, or the negligent supervision of such labor by any
of EXHIBITOR’s employees, agents, representative,
customers, invitees and/or Exhibitor Appointed Contractor
(EAC).
- EXHIBITOR’s negligence, willful misconduct, or deliberate act
of EXHIBITOR’s employees, agents, representatives,
customers, invitees and/or any Exhibitor Appointed Contractor
(EAC) at the show or exposition to which this contract relates.
- EXHIBITOR’s violation of U.S.A. or Local ordinances or the
violation of Show Regulations and/or Rules as published and
set forth by Facility and/or Show Management.
- EXHIBITOR’s inclusion of illegal substances, hazardous
materials or waste in any shipment placed with LES and for the
violation of the representations and warranties made regarding
hazardous materials made on the front of this Agreement.
11. MISCELLANEOUS. EXHIBITOR, as a material part of the
consideration LES for material handling and transportation
services, waives and releases all claims against LES, its
employees, agents, officers, and directors, with respect to all
matters for which LES has disclaimed liability pursuant to the
provisions of this contract. The EXHIBITOR acknowledges
that he or she has read this agreement, understands it and
agrees to be bound by its terms, and further agrees that it is the
complete and exclusive agreement between the parties. The
invalidity or enforceability of any provision hereof shall not
affect, modify, or impair the validity and enforceability of all
provisions herein.