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
equipment or facility limitations exist. It will be the sole responsibility of the Customer to arrange for any such special needs with AGS, or alternate servicing agents where such special needs cannot be procured by AGS, except for locations where liability assignment, contractual limitation, local law or jurisdiction prohibits such agents from performing any such special handling needs. 7. AGS Not a Bailee or Shipper/ AGS Retained Authority to Substitute Carriers: a. AGS Not Bailee or Shipper. The Customer agrees in connection with the receipt, handling, temporary storage and reloading of its Goods that AGS will provide these services as Customer’s agent and not as a bailee or shipper. If any agent or employee of AGS signs a delivery receipt, Bill of Lading or other document, Customer agrees that AGS will do so as the Customer’s Agent and the Customer accepts all liability and responsibility for loss, damage, theft, or delay thereof. b. AGS Retained Authority to Substitute Carriers. In order to expedite removal of Goods from the event site, AGS shall have the authority to change designated carriers if such carriers do not pick-up Customer’s Goods on time. 8. Measure of Damage: a. Sole Relief. If found liable for any loss, AGS’ sole and exclusive maximum liability for loss or damage to Customer’s Goods is limited to $.50 (USD) per pound with a maximum liability of $100.00 (USD) per container, or $1,500.00 (USD) per shipment whichever is less. b. Labor. AGS assumes no liability for loss, damage, death, or bodily injury arising out of Customer’s supervision of AGS provided union labor. If AGS supervises labor for a fee, AGS shall be liable only for actions or claims arising out of its grossly negligent supervision or willful misconduct. Such liability shall be limited to the cost to Customer of the supervised labor or the depreciated value of the Goods, whichever is less. If Customer elects to use unsupervised labor, then Customer assumes all liability for the actions or claims that arise out of such work, including but not limited to loss, damage to property, Goods, death, or bodily injury and shall indemnify AGS and event management, to include reasonable defense costs, attorney’s, expert, and consulting fees and court costs, for any claims that result from Customers’ supervision or failure to supervise assigned
labor. 9. Miscellaneous:
a. Insurance. AGS IS NOT AN INSURANCE COMPANY AND DOES NOT OFFER OR PROVIDE INSURANCE. It is the obligation of Customer to ensure Goods are insured at all times. Loss or theft of the Goods in storage or in transit to and from the event and or while on the event floor is in the sole responsibility of Customer. AGS recommends Customer arrange for “All Risk” Coverage. b. Notice of Loss or Damage. In order to have a valid claim, notice of loss or damage to Goods must be given to AGS or its agent within 24 hours of occurrence (as evidenced in an Incident Report completed at event site by AGS) or delivery of outbound Goods. c. 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 AGS within the time limits specified herein or it is completely and irrevocably waived and barred. Damage reports, incident reports, inspection reports, notations of shortage or damage on freight bills or other documents, DO NOT and SHALL NOT constitute the filing of a claim. i. Claims for Goods alleged to be lost, stolen or damaged at the event site must be received in writing by AGS within 30 days after the close of the event. ii. Claims for Goods alleged to be lost or damaged during transit must be received in writing by AGS within thirty (30) days after the date of delivery of Goods to or from the event site. In the event of a dispute with AGS, Customer shall not withhold payment or any amount due AGS for Services as an offset against the amount of the alleged loss or damage. Customer agrees to pay AGS prior to the close of the event for all such charges and further agrees that any claim Customer may have against AGS shall be pursued independently by Customer as a separate action to be resolved on its own merits. AGS retains the right to pursue collection on amounts owed after event close, without regard to any amount alleged to be owed for damage, or loss. d. Filing of Suit. Any action at law regarding loss or damage
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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