DWA Policies: LIMITS OF LIABILITY & RESPONSIBILITY
All orders are governed by the DWA Payment Policy and Limits of
Liability & Responsibility. Please read the
following carefully.
-
DWA and its subcontractors shall not be responsible for ordinary
wear and tear in handling of equipment, damage to uncrated materials,
materials packed improperly, glass breakage or concealed damage.
Claims for loss or damage must be submitted to DWA by the close
of the show. No suit or action shall be brought against DWA or
its subcontractors more than six months after the cause of action
accrues.
-
DWA and its subcontractors are not responsible for the loss of,
disappearance of, or damage to Exhibitor's freight after the same
has been delivered to Exhibitor's booth, nor are DWA and its subcontractors
responsible for Exhibitor's freight before it is picked up from
Exhibitor's booth for loading after the show. All bills of lading
covering outgoing shipments submitted to DWA or its subcontractors
by Exhibitor will be checked at the time of pickup from the booth
and corrected where discrepancies exist.
- It
is agreed that DWA and its subcontractors are not insurers. Insurance,
if any, shall be obtained by Exhibitor. Amounts payable by DWA
hereunder are based on the scope of liability as herein set forth
and are unrelated to the value of the Exhibitor's property. It
is further agreed that DWA and its subcontractors do not provide
for full liability should loss or damage occur. In the event that
DWA should be found liable for loss or damage to Exhibitor's equipment,
the liability shall be limited to the specific article that was
physically lost or damaged. Such liability 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 per shipment, whichever is less,
as agreed upon damages and exclusive remedy. Provisions of this
paragraph shall apply if loss or damage, regardless of cause of
origin, results directly or indirectly to property through performance
or nonperformance of obligations imposed by the offering of services
to Exhibitors, or from negligence, active or otherwise, by DWA,
its subcontractors or their employees.
- At
the close of show, if carriers fail to pick up or refuse to accept
shipment, DWA reserves the right to reroute such shipment or move
shipment to our warehouse pending advice from Exhibitor who will
be charged accordingly for this service. No liability will be
assumed as a result of such rerouting or handling. Thus, in order
to expedite removal of materials from the show site, DWA shall
have the authority to change designated carriers, if such carriers
do not pick up on time. Where no disposition is made by Exhibitor,
materials will be taken to DWA's warehouse to await Exhibitor's
shipping instructions, and Exhibitor agrees to be responsible
for payment of charges relating to such handling at the warehouse.
DWA assumes no liability as a result of such re-routing or handling.
- DWA
and its subcontractors shall not be liable for shipments received
without receipts, freight bills or bill of lading, such as UPS
or van lines, these shipments will be delivered to booth without
guarantee of piece count or condition. No liability will be assumed
for such shipments. Shipments received on separate days will be
treated as separate minimum shipments.
- DWA
and its subcontractors shall not be liable to any extent whatsoever
for any actual, potential or assumed loss of profits or revenues
or for any collateral costs that may result from any loss, injury
or damage to Exhibitor's materials or Exhibitor personnel which
may make it impossible or impractical to exhibit same.
- The
Exhibitor agrees, in the event of a dispute with DWA or its subcontractors
relative to any loss or damage to any of the Exhibitor's freight
or equipment, that the Exhibitor will not withhold payment in
any amount due to DWA for freight handling services or any other
services provided by DWA or its subcontractors as an offset against
the amount of the alleged loss or damage. Instead, the Exhibitor
agrees to pay DWA prior to the close of the show for all such
charges and further agrees that any claim the Exhibitor may have
against DWA or its subcontractors shall be pursued independently
by the Exhibitor as a completely separate transaction to be resolved
on its own merits.
- DWA
and its subcontractors shall not be 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, mysterious failure of power or utilities,
and other events.
- The
Exhibitor agrees, in connection with the receipt, handling, temporary
storage and reloading of its freight, that DWA and its subcontractors
will provide these services as Exhibitor's agent and not as bailee
or shipper. If any employee of DWA or its subcontractors shall
sign a delivery receipt, bill of lading or other document, the
parties agree that DWA or its subcontractor will do so as the
Exhibitor's agent, and the Exhibitor accepts the responsibility
thereof.
- Empty
Storage labels will be available at the DWA Service Desk. Affixing
the labels is the sole responsibility of the Exhibitor or its
representative. It is understood that these labels are used for
empty storage only, and DWA and its subcontractors assume no responsibility
or liability for loss or damage to contents while containers are
in storage or for mislabeled containers.
- Rates
are subject to Union contract changes and rates effective at time
of show. Rates include Social Security, Worker™s Compensation
Insurance and Public Liability Insurance. DWA and its subcontractors
shall not be responsible for loss, delay or damage due to strikes,
lockouts, or work stoppages of any kind.
- Please
ship early and ship prepaid. DWA will not accept collect shipments.
All orders
are governed by the DWA Payment Policy and Limits of Liability &
Responsibility.
|
