I. TERMS AND CONDITIONS
These terms and conditions, limitations of liability, and time limitations are binding on all parties and their representatives, including Exhibitor Appointed Contractors, Installation & Dismantle personnel, as well as agents of the parties. They may be changed by SHEETS DMC without notice. SHEETS DMC assumes no liability in connection with Client’s use and Client’s supervision of union labor provided by SHEETS DMC. Client agrees and understands that its employees and representatives attend the show site at their own risk.
All charges for services or materials are due in advance or at the time of order. A credit card on file and authorization to charge it is required to place an order. Payment may be made by credit card, check, or wire transfer. A credit card on file with SHEETS DMC and authorization to charge it is required in order to pay by check or wire transfer. Fees for cancellation of an order can range up to the full amount of the order (up to 100%) depending on the pre-event work already performed, set up costs, and other factors. A non-refundable deposit will be required.
Outstanding balances must be paid by the end of the show. A late charge of 1.5% per month applies to any amounts not settled before the end of the event. SHEETS DMC reserves the right to retain Client’s goods in appropriate circumstances for amounts due which have not been settled. Client is responsible for all charges involved in the rendering of services or materials in the transaction with SHEETS DMC, and for all amounts incurred in connection with the transaction with SHEETS DMC which involve the event. Parties agree that the credit card provided to SHEETS DMC may be charged for services, material handling, labor, and for other services and materials related to the transaction, including those provided by any third parties, representatives, or agents of the parties. By placing an order online or otherwise, client authorizes SHEETS DMC to charge its credit card and agrees that SHEETS DMC may charge the credit card provided to SHEETS DMC by Client for any services, equipment, transportation, shipping, or materials as described and set forth in this Paragraph. Client authorizes SHEETS DMC to charge all amounts to the credit card on file for said materials and services ordered by Client or Client’s representatives as well as for said materials and services rendered to Client’s company.
In order to obtain advance pricing, payment must be received and accepted by SHEETS DMC prior to the deadline. After the conclusion of the event, SHEETS DMC will make any adjustments to an invoice, if applicable. If Client is tax exempt in the state in which the event is held, a sales tax exemption certificate must be submitted to SHEETS DMC.
Services and goods have separate, specific forms that apply to their order. Client must review the specific form that is applicable to the ordered service or materials for additional terms and conditions contained therein. SHEETS DMC has a separate agreement with terms and conditions that apply to storage of goods. Client shall review SHEETS DMC’s form that pertains to the agreement for storage of goods for additional provisions that apply and authorize said form for the storage of any materials.
II. LIMITS OF LIABILITY & RESPONSIBILITY
1) The placing of an order for services, equipment, transportation, shipping, or materials by a client or any agent of the Client shall be construed as an offer subject to acceptance and approval of SHEETS DMC in its sole discretion. Upon participation of any SHEETS DMC show or event, the Client and its agents shall be bound by the terms and conditions set forth in Sections 2 through 8 below and Sections 1 thorough 7 in Part III. Likewise, once SHEETS DMC has accepted and approved the Client’s offer, any shipper consigning or delivering a shipment to SHEETS DMC or its subcontractors on behalf of Client shall be bound by the terms and conditions set forth in Sections 2 through 8 below and Sections 1 through 7 in Part III.
2) SHEETS DMC and its subcontractors shall not be liable for: damage to, or loss of, pieces of art; fragile equipment; electronics; uncrated freight; freight improperly packed or improperly labeled; glass breakage; concealed damage as determined by SHEETS DMC; for delay to uncrated freight or freight improperly packed or labeled; or for ordinary wear and tear which occurs in the handling of the goods. Client shall package and label items properly before goods are moved or shipped; this includes making sure that goods are packed to withstand transport using forklifts, dollies, and related equipment.
3) Relative to inbound shipments, there may be a lapse of time between the delivery of shipment(s) to a booth by SHEETS DMC or its subcontractors and the arrival of the Client’s representative at the booth. Similarly, relative to outgoing shipment(s), it is possible that there will be a lapse of time between the completion of packing and the actual pick-up of materials from the booth for loading onto a carrier. It is understood that during such times the shipment(s) will be left in the booth unattended. Therefore, it is agreed that SHEETS DMC and its subcontractors are not responsible for the loss or disappearance of, or damage to any items left in the booth unattended at any time, or for loss, disappearance, or damage occurring during the time the items are transported to dock and subsequently accepted by carrier. All bills of lading covering outgoing shipment(s) submitted to SHEETS DMC or its subcontractors by Client will be checked at the time of pick-up from the booth and corrected where discrepancies exist. Received goods must be accompanied by documents showing appropriate details, such as bills of lading or suitable documents showing unit counts. If goods are not accompanied by such documents there shall be no guarantee as to the goods’ condition or as to the piece count.
4) SHEETS DMC and its subcontractors shall not be held liable for any damage incurred during the handling of equipment requiring special devices to properly load, place or reload, unless advance notice has been given to SHEETS DMC in time to obtain the proper equipment.
5) SHEETS DMC and its subcontractors shall not be held responsible for any loss, delay, or damage due to events beyond their reasonable control which cannot be avoided by the exercise of due care and prudence, including without limitation, strikes, labor disputes, lockouts or work stoppages of any kind, fire, theft, windstorm, water, vandalism, acts of God, failure of power or utilities, events of force majeure, actions or lack thereof of Client or other third parties, and the transportation of fragile items.
6) SHEETS DMC and its subcontractors shall not be liable for ordinary wear and tear in the handling of materials and/or equipment. SHEETS DMC shall not be responsible for damage to shrink wrapped items.
7) SHEETS DMC and its subcontractors are not to be held liable for events of loss or damage to Client’s property; that is, SHEETS DMC does not insure the Client’s property against loss or damage, nor does it provide full replacement value should loss or damage occur. Insurance, if any, shall be obtained by the Client. Amounts payable by SHEETS DMC under this Paragraph are based on the scope of the liability as herein set forth and are unrelated to the value of the Client’s property. Provisions of this paragraph shall apply if Client’s property is lost or damaged through performance or nonperformance of services by SHEETS DMC or from the negligence of SHEETS DMC, its subcontractors, or their respective employees. If such loss or damage occurs, the liability of SHEETS DMC and its subcontractors shall be limited to a sum equal to $.30 per pound per article, with a maximum liability of $50.00 per item or $1,000.00 per shipment, whichever is less. This amount shall be considered Client’s agreed-upon damages and exclusive remedy.
8) SHEETS DMC will not be bound to honor any claim or action brought against SHEETS DMC or its subcontractors more than 60 days after the date of incident.
III. LIMITATION OF LIABILITY
1) SHEETS DMC AND ITS SUBCONTRACTORS SHALL NOT BE LIABLE TO ANY EXTENT WHATSOEVER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO ANY ACTUAL, POTENTIAL OR ASSUMED LOSS OF PROFITS OR REVENUES, LOSS OF USE OF EQUIPMENT OR PRODUCTS, OR ANY COLLATERAL COSTS THAT MAY RESULT FROM ANY LOSS OR DAMAGE TO CLIENT’S MATERIALS OR ANY INJURY TO CLIENT’S PERSONNEL WHICH MAY MAKE IT IMPOSSIBLE OR IMPRACTICAL FOR CLIENT TO EXHIBIT ITS MATERIALS.
2) Client agrees in connection with the receipt, handling, temporary storage and reloading of its freight, that SHEETS DMC and its subcontractors will provide these services as Client’s agent and not as bailee or shipper. If any employees of SHEETS DMC or its subcontractors sign a delivery receipt, bill of lading or other document, the parties agree that SHEETS DMC or its subcontractors will do so as the Client’s, and the Client shall accept the responsibility thereof.
3) SHEETS DMC and its subcontractors shall not be liable for shipments received without receipts, freight bill, or specified unit counts on receipts or freight bills. Such shipments will be delivered to booth without guarantee of piece count or condition.
4) Empty container labels will be available at the SHEETS DMC Service Desk. Affixing the labels is the sole responsibility of the Client or its representative. It is understood that these labels are used for Empty Storage only, and SHEETS DMC and its subcontractors assume no responsibility or liability for loss or damage to contents while containers are in storage or for mislabeled containers.
5) In order to expedite removal of freight from the show site, SHEETS DMC shall have the authority to change designated carriers, if assigned carriers do not pick up on time. Where the Client makes no disposition, freight will be taken to a warehouse or forced shipped on a carrier determined by SHEETS DMC and the Client agrees to be responsible for payment charges relating to such handling and shipping. SHEETS DMC assumes no liability as a result of such rerouting or handling.
6) Dry and Cold Storage – Client stores products at its own risk. SHEETS DMC assumes no liability or responsibility for dry or cold storage.
7) The Client agrees, in the event of a dispute with SHEETS DMC or its subcontractors related to any loss or damage to any of the Client’s freight or equipment, that the Client will not withhold payment in any amount due to SHEETS DMC for freight handling services or any other services provided by SHEETS DMC or its subcontractors as an offset against the amount of the alleged loss or damage. Instead, the Client agrees to pay SHEETS DMC prior to the close of the show for all such charges and further agrees that any claim the Client may have against SHEETS DMC or its subcontractors shall be pursued independently by the Client as a completely separate transaction to be resolved on its own merits.
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Be sure your freight is insured from the time it leaves your place of business until it is returned after the show. It is suggested that Clients arrange all risk coverage. Riders to existing policies can usually do this. Contact your insurance representative. Also, be sure your liability insurance is in effect during transmit and return of your freight, during storage, and at show site. All transit claims will be referred to the common carrier.
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Client shall hold harmless, protect, defend, and indemnify SHEETS DMC and SHEETS DMC’s subcontractors, its employees, agents, contractors, representatives, installation and dismantle persons, persons supervising union labor obtained through SHEETS DMC, including reasonable attorney fees and court costs, for and against every claim, demand, damage, cause of action, suit or other litigation, without limit and without regard to the cause or causes thereof or the fault of any party, on account of or stemming from every instance of bodily injury to persons, or loss or damage to property other than goods, arising from performance of services.
The terms and conditions of this agreement and transaction with SHEETS DMC shall be construed in accordance with and governed by the applicable laws of the United States of America and the laws of the State of Nevada where applicable. Any action or proceeding against SHEETS DMC under or in connection with this Agreement or transaction with SHEETS DMC, or any of the forms or Contract Documents involving SHEETS DMC providing services or materials for the event, may be brought in the Courts of the State of Nevada, County of Clark.
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I, the Client herein, agree that submitting my order online or otherwise shall constitute my acceptance of, and electronic signature to, this Agreement. I have read and understand all of the terms of this Agreement. By submitting this information to SHEETS DMC, I hereby agree to, consent to, and authorize this Agreement and all of its terms.
