Canadian Neurological Sciences Federation 2014 | Page 32

CNSF 2014 June 4-6th, 2014 Fairmont Banff Springs All orders are governed by the GES CANADA Payment Policy and GES CANADA Terms & Conditions as specified in this Exhibitor Kit. GES CANADA Terms & Conditions of Contract (Page 2 of 2) PO Box 960 Banff Alberta T1L 1J4 Phone: 403 762-2828 Fax: 403 762-2777 Empty Storage: GES CANADA assumes no liability for loss or damage to Goods or crates, or the contents therein, while containers are in storage. It is the Customer's sole responsibility to affix the appropriate labels available at the GES CANADA Service Desk for empty container storage. Damage that is the direct result of GES CANADA's negligence shall be subject to the limitations of liability set forth in this document. Forced Freight: GES CANADA shall not be liable for Goods not picked up by Customer's chosen carrier by the show deadline. It is the Customer's responsibility to complete accurate paperwork for shipping and ensure its' Goods are appropriately labeled. Customer acknowledges that it is a lessee of space, and as such has an obligation to remove its' Goods on or before the targeted time. If Goods remain on the floor after this point, GES CANADA has the right to remove them in order to restore the premises to its original condition for show management pursuant to the venue's lease with show management. In such cases GES CANADA is authorized to proceed in the manner chosen Customer on the Order for Material Handling Services/ Straight Bill of Lading. Failure to select one of the provided options will result in re-routing at GES CANADA's discretion, and at Customer's expense assuming the Goods are labeled for return. GES CANADA retains the right to dispose of Goods left on the show floor without liability if left unattended, left without labels or not correctly labeled. Concealed Damage: GES CANADA shall not be liable for concealed loss or damage, uncrated Goods, or improperly packaged or labeled Goods. Unattended Booth: GES CANADA shall not be liable for any loss or damage occurring while Goods are unattended in Customer's booth at any time, including, but not limited to, the time the Goods are delivered to the dock until the time the Goods are received by Customer's chosen carrier. All Material Handling Forms and/or Straight Bills of Lading covering outgoing Goods submitted to GES CANADA will be checked at the time of pickup from the booth and corrections to the count or condition will be documented where discrepancies exist. Measure of Damage: GES CANADA's liability shall be limited to the lesser of 1) the depreciated value of Goods, 2) repair cost, or 3) the limitation of liability. The limitation of liability shall be $0.30 (thirty cents) per pound per piece, $50 (fifty dollars) per article or $1000.00 (one thousand dollars) per shipment. No Insurance: GES CANADA 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 show and or while on the show floor is the sole responsibility of Customer, unless it is shown that GES CANADA performed in a manner that constitutes gross negligence in the performance of its services for Customer. Notice of loss or damage: In order to have a valid claim, notice of loss or damage to Goods must be given to GES CANADA within 24 hours of occurrence or delivery of Goods, whichever is later. 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 the appropriate party within the time limits specified below. Damage Reports, incident reports, inspection reports, notations of shortage or damage on freight bills or other documents, do not constitute filing of a claim. Claim for goods alleged to be lost, stolen or damaged at the Show Site must be received in writing by GES CANADA within sixty (60) days after the close of the show. Claims for Goods alleged to be lost or damaged during transit must be received by the responsible party within nine (9) months of the date of delivery of Goods. GES Logistics subcontracts the movement of Goods to third party carriers. Claims for damage in transit should be made directly with the Customer's carrier as shown on the Material Handling form / Straight Bill of Lading. In the event of a dispute with GES CANADA, Customer will not withhold payment or any amount due GES CANADA for Services as an offset against the amount of the alleged loss or damage. Customer agrees to pay GES CANADA prior to the close of the show for all such charges and further agrees that any claim Customer may have against GES CANADA shall be pursued independently by Customer as a separate action to be resolved on its own merits. GES CANADA reserves the right to pursue collection on amounts owed after show close, without regard to any amount alleged to be owed for damage, or loss. Filing of Suit: Any action at law regarding loss or damage to Goods must be filed within one (1) years of the date of declination of any part of a claim. VII. Jurisdiction, Choice of Forum. This Agreement shall be governed by and construed in accordance with the applicable laws of Canada or, alternatively, and depending on jurisdiction, the laws of the Province of Alberta. Email: banff@ges.com GES CANADA TERMS AND & CONDITIONS ARE S P