SWVS 2024 Fort Worth Convention Center Fort Worth, TX September 26-29, 2024
Discount Price Deadline Date SEPTEMBER 11th Method of payment must accompany your order
Terms & Conditions of Contract - Material Handling Services
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 AGS and Carrier with accurate information in order to allow for all proper disclosures to be made on Customer’s shipment. Customer is also responsible for all placarding associated with HAZMAT materials. 4. ICCTA Waiver; Mutual Indemnification: a. ICCTA Waiver. Customer and AGS expressly and mutually waive, to the extent permissible under law, any and all rights and remedies each may have under ICCTA, as amended from time to time, to the extent those provisions conflict with these Terms and Conditions. b. Customer Indemnification. Customer shall defend, hold harmless and indemnify AGS and its carriers, contractors, and agents of each, from and against any and all claims, lawsuits, demands, liability, costs and expenses, including reasonable attorneys’, expert, and consulting fees, and court costs, arising from or relating to any injury to or death of persons, or damage to property other than Goods, arising from or relating to AGS’ (and/or its carriers, contractors, and agents of each), performance of Services herein. Customer further agrees to indemnify and hold AGS and its carriers, contractors, and agents of each, harmless for any and all actions or inactions of Customer, its agents, contractors, customers and invitees, and their contractors, representatives and agents, including but not limited to Customer’s installation and dismantle companies and personnel, any subtenant, licensee, invitee, or other user of its space or any agents or employees engaged in business on behalf of Customer or present at Customer’s invitation, including supervision of labor secured through AGS. Customer’s obligations under this provision shall not apply to AGS’ own gross negligence and/or willful misconduct. CUSTOMER ACKNOWLEDGES THAT THE EVENT SITE IS AN ACTIVE WORK ZONE AND CUSTOMER, ITS AGENTS, EMPLOYEES, CONTRACTORS, LICENSEES, INVITEES, CUSTOMERS, SUB-TENANTS, AND THEIR RESPECTIVE AGENTS AND REPRESENTATIVES ARE PRESENT AT THEIR OWN RISK AND ASSUME ALL RISKS ASSOCIATED THEREWITH BY VIRTUE OF THEIR PRESENCE. c. AGS Indemnification. To the extent of AGS’ own gross negligence and/or willful misconduct, and subject to the
limitations of liability set forth in Sections 4 and 5 of this Agreement, AGS 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. AGS’ indemnity obligation under this provision shall not apply to claims for damage to property, bodily injury or death arising: (i) from persons present in areas which have been marked as “off limits to exhibitors”; and/or (ii) when persons are present in the facility prior or subsequent to the effective dates or hours of exhibitor’s space lease with event management. 5. Disclaimer And Limitation Of Liability: UNDER NO CIRCUMSTANCES SHALL ANY PARTY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME. AGS SHALL BE LIABLE, SUBJECT TO THE LIMITATIONS CONTAINED HEREIN, FOR LOSS OR DAMAGE TO GOODS ONLY IF SUCH LOSS OR DAMAGE IS CAUSED SOLELY AND EXCLUSIVELY BY THE DIRECT, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AGS. NOTWITHSTANDING THE FOREGOING, AND UNDER NO CIRCUMSTANCES, REGARDLESS OF CLAIMED FAULT AGAINST AGS, SHALL AGS BE LIABLE FOR ANY CLAIMS PRESENTED FOR LOSS OR DAMAGE ARISING OUT OF INCIDENTS REFERENCED IN SECTION 6, BELOW. FURTHER, AGS SHALL NOT BE LIABLE FOR LOSS, DAMAGE, OR DELAY THAT RESULTS FROM ACTS OF GOD, WEATHER CONDITIONS, ACT OR DEFAULT OF CUSTOMER, SHIPPER, CARRIER, OR THE OWNER OF THE GOODS, INHERENT NATURE OF THE GOODS, PUBLIC ENEMY, PUBLIC AUTHORITY, LABOR DISPUTES, AND ACTS OF TERRORISM OR WAR. 6. No Liability for Loss or Damage to Goods: a. Condition of Goods. AGS shall not be liable for damage, loss, or delay to uncrated freight, freight improperly packed, glass breakage or concealed damage. AGS shall not be liable for ordinary wear and tear in handling of Goods or for damage to shrink wrapped Goods. All Goods shall be able to withstand handling by heavy equipment, including but not limited to forklifts, cranes, or dollies. It is the Customer’s responsibility to ensure that Goods are packaged correctly prior to shipment or movement on or off the event floor.
AGS Expo Services • 4561 SW 34th Street • Orlando, FL 32811 Phone: 407.292.0025 • Fax: 407.292.4414 Email: eventservices@ags-expo.com Order Online: www.ags-expo.com
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