1. Limits of Liability: Exhibit Management
Solutions, LLC (hereinafter "EMS") shall perform installation and dismantle service for the
above-named Exhibitor, their representative agent, and for any other party described under this
Agreement (hereinafter "Exhibitor"), in compliance within the standards of care generally applicable
in the industry, and according to those published Exhibitor Appointed
Contractors Association (EACA). EMS, its agents, and representatives,
shall not be liable for loss of profits, loss of use, physical injury,
property damage or other consequential or incidental damages. The
exclusive remedy for any loss or damage shall always be limited to the amount
of our invoice to the Exhibitor.
A. Rental Properties: If the display to be
serviced is not owned by the Exhibitor, Exhibit Management Solutions can
and will not be held responsible for missing, damaged, or incomplete
property, nor will EMS be responsible for any additional labor,
transportation, or material costs involved with completing service to
the Exhibitor’s satisfaction. This will apply to all rented and/or
leased exhibit properties supplied by show management or any other
agency including, but not limited to; an original manufacturer, their
representative, or third-party affiliates.
B. Audio-Visual
Equipment: Exhibit Management Solutions can and will not be held
responsible
for any damage
resulting from the installation or dismantle of CRT or LCD Computer
Monitors, Plasma Screen Televisions, or any other Audio-Visual equipment
whether performed or supervised by EMS.
C. Freight Shipment: Show management may elect
to "force" the freight belonging to an Exhibitor to a
designated freight carrier other than the one originally requested by
the Exhibitor or Exhibit Management Solutions. In these situations, EMS
can and will not be held responsible for excess freight or storage charges
incurred. These charges will be the sole responsibility of the Exhibitor.
2. Estimated Labor: Exhibit Management Solutions
will generate an estimated labor total based exclusively on the
information above. The Exhibitor will be responsible for any and all labor
required in addition to this estimate including, but not limited to, the
installation and dismantle of additional equipment and wait times due to
missing or unshipped items. Further, while EMS will make an effort to meet
the Exhibitor's wishes, Exhibit Management Solutions does not guarantee a
specific start time for any service.
3. Labor Authorization:
EMS is not union affiliated in every location, and union labor may be
required by show management. Unless otherwise indicated, EMS assumes no
financial responsibility for labor charges if show
management demands that such labor be hired. In these cases, the
undersigned authorizes EMS to hire and supervise show management’s union
labor, and to charge that labor to the Exhibitor’s show account, credit
card, or to invoice the Exhibitor directly.
4. EAC Notification: The Exhibitor has the
responsibility to notify the show management that Exhibit Management
Solutions is their Exhibitor Appointed Contractor (EAC) for installation
& dismantle labor. If requested to do so, EMS will provide
appropriate insurance information to the company listed above.
5. Payment: 50% of
the estimated total must be paid by the date of installation, with the
balance due upon job completion. If this deposit is not received by the
due date, Exhibit Management Solutions reserves the right to refuse
service without notification.
Balances carried more
than 30 days after the date of installation are subject to a 10% finance
charge in addition to any collection fees incurred.
6. Cancellation Policy:
This service is subject to a 50% fee, or any deposit made is forfeit, if
service if cancelled less than seven days prior to
an event, or if Exhibit Management Solutions is prevented by show
management from performing service as outlined.
7. General Provisions and Jurisdiction: The
Terms and Conditions of this Agreement will be in effect upon
confirmation, and will supercede any and all Agreements made either orally,
electronically, or in
writing. Modifications to this agreement will be effective only if made in
writing, and signed by both parties. The failure of either party to insist
on strict compliance with the terms of this agreement by the other party
shall not be construed as a waiver of rights. In the event that disputes
arise relating to this agreement, the Exhibitor and their representative
agent agrees that the federal
or state courts of Wisconsin shall have exclusive jurisdiction over all
claims, and that such claims will be adjudicated under the laws of the
state of Wisconsin.
By
clicking the button below, you are providing an
electronic signature affirming that
you understand and concur with all aspects of this agreement,