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<div class="descriptioncontent"> Please read carefully: The following Terms & Conditions define the respective parties’ responsibilities of the contractual agreement between TRICORD TRADESHOW SERVICES (TRICORD) and you, the Exhibitor. Acceptance of said terms and conditions will be construed when any of the following conditions are met: <ul> <li>Signature of the Payment Authorization Form or</li> <li>Online order is placed or</li> <li>An order for labor, services, and/or rental equipment is placed by an Exhibitor with TRICORD or</li> <li>Work is performed on behalf of Exhibitor by labor secured through TRICORD</li> </ul> DEFINITIONS: The name TRICORD shall be construed within the meaning of this contract as TRICORD TRADESHOW SERVICES (TRICORD), and their employees, officers, agents and assigns, affiliated companies and related entities including but not limited to any subcontractors TRICORD may appoint. The term Exhibitor shall be construed within the meaning of this contract as the EXHIBITOR and/or its employees, agents, representatives and/or any Exhibitor Appointed Contractor (EAC). PAYMENT TERMS: Full payment, including any applicable tax, is due in advance or at show site. A $25.00 administrative fee will be applied to any refund based on overpayment of check. All payments must be in U.S. funds and all checks must be drawn on a U.S. Bank. Orders received without advance payment or after the deadline date will incur additional (standard) charges as indicated on each order form. All materials and equipment are on a rental basis for the duration of the show or event and remain the property of TRICORD except where specifically identified as a sale. All TRICORD rentals include delivery, installation and removal from Exhibitor’s booth. In case of cancellation, a one hour “per person, per hour” charge will be applied to all labor orders that are not cancelled in writing at least 24 hours prior to the scheduled start time. If services have already been provided at the time of cancellation, a 100% cancellation fee will be applied to all TRICORD rental items. It is Exhibitor’s responsibility to advise TRICORD personnel of any problem with any orders and to check invoices for accuracy prior to the close of the exhibit. If Exhibitor is exempt from payment of sales tax, TRICORD requires an exemptions certificate for the state in which the services are to be used. Resale certificates are not valid unless Exhibitor is rebilling these charges to its customers. For International Exhibitors, TRICORD requires 100% prepayment of advance orders; any orders or services placed at show site must be paid at the show. For all others should there be any pre-approved unpaid balance after the close of the show, terms will be net 15 due and payable in Marina, California upon receipt of invoice. Effective 15 days after invoice date, any unpaid balance will bear a Finance Charge at the lesser of the maximum rate allowed by applicable law, or 1.5% per month, which is an Annual Percentage Rate of 18% and future orders will be on a pre-paid basis only. If any finance charge hereunder exceeds the maximum rate allowed by applicable law, the finance charge shall automatically be reduced to the maximum rate allowed, and any excess finance charge received by TRICORD shall either be applied to reduce the principal unpaid balance or be refunded to the payer. These payment Terms & Conditions shall be governed by and construed in accordance with the Laws of the State of California. In the event of any dispute between Exhibitor and TRICORD relative to any loss, damage or claim, such Exhibitor shall not be entitled to and shall not withhold payment, or any partial payment, due to TRICORD for its services as an offset against the amount of any alleged loss or damage. Any claim against TRICORD shall be considered a separate transaction and shall be resolved on its own merits. TRICORD reserves the right to charge Exhibitor for the difference between the Exhibitor’s estimate of charges and the actual charges incurred by Exhibitor, or for any charges that TRICORD may be obligated to pay on behalf of Exhibitor, including without limitation, any shipping charges. If Exhibitor provides a credit card for payment and charges are rejected by the Exhibitor’s credit card company for any reason, TRICORD hereby provides notice that it reserves the right, and Exhibitor authorized TRICORD, to continue to attempt to secure payment through that credit card for as long as unpaid balances remain on Exhibitor’s account. <h1>LABOR TERMS & CONDITIONS RESPONSIBILITY AND INDEMNIFICATION</h1> LABOR UNDER THE SUPERVISION OF TRICORD: TRICORD will be responsible for the performance of labor provided under this option. TRICORD does not assume responsibility for any acts of, or loss to, persons, parties and/or other contracting firms not under TRICORD’ direct supervision and control. In no event shall TRICORD be liable for loss or damage caused by delay in labor beginning work when Exhibitor request labor to begin later than the start of the working day. TRICORD shall not be responsible for loss, delay or damage due to strike, lockouts and/or work stoppages, or other causes beyond TRICORD’ reasonable control. TRICORD agrees to indemnify, hold harmless and defend Exhibitor from and against any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments and expenses (including but not limited to reasonable attorney’s fees and investigation costs) for bodily injury, including any injury to TRICORD’ employees, or property damage arising out of work performed by labor provided and supervised by TRICORD, except when Exhibitor exercises direction and/or control over the work being performed. LABOR UNDER THE SUPERVISION OF EXHIBITOR: Exhibitor shall be responsible for the performance of labor provided under this option. It is the responsibility of Exhibitor to supervise labor secured through TRICORD in a reasonable manner as to prevent bodily injury and/or Property damage and also to direct them to work in a manner that is in compliance with TRICORD’ Safe Work Rules and/or Federal, State, County and Local ordinances, rules and/or regulations, including but not limited to Show or Facility Management rules and/or regulations. It is the responsibility of Exhibitor to check in with the TRICORD Service Desk to pick up labor, and to return to the Service Desk to release labor when the work is completed. Exhibitor agrees to indemnify, hold harmless and defend TRICORD from and against any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and expenses (including but not limited to reasonable attorneys’ fees and investigation costs) for bodily injury, including any injury to TRICORD employees, and/or property damage arising out of work performed by labor provided by TRICORD but supervised by Exhibitor. Further, the Exhibitor’s indemnification of TRICORD includes any and all violations of Federal, State, County or Local ordinances, “Show Regulations and/or Rules” as published and/or set forth by Facility or Show Management, and/or directing labor provided by TRICORD to work in a manner that violates any of the above rules, regulations and/or ordinances. <h1>FREIGHT HANDLING TERMS & CONDITIONS</h1> TRICORD and its subcontractors shall not be liable for damage, loss or delay to uncrated freight, freight improperly packed, glass breakage or concealed damage. Crates and packaging should be of a design to adequately protect contents for handling by forklift and similar means. <ol> <li style="padding-bottom: 10px;">Relative to inbound shipment(s), there may be a lapse of time between the delivery of shipment(s) to the booth by TRICORD or its subcontractors and the arrival of the Exhibitor’s representative at the booth. Similarly, relative to outgoing shipment(s), it is possible that there will be a lapse of time between the completion of packing and the actual pickup of freight from the booth for loading onto a carrier. It is understood that during such times the shipment(s) will be left in the booth unattended. Therefore, it is agreed that TRICORD and its subcontractors are not liable for the loss of, disappearance of or damage to Exhibitor’s freight after the same has been delivered to Exhibitor’s booth, nor are TRICORD and its subcontractors liable for Exhibitor’s freight before it is picked up form the Exhibitor’s booth for loading after the show. Consequently, all bills of lading covering outgoing shipment(s) submitted to TRICORD or its subcontractors by Exhibitor will be checked at the time of pickup from the booth and corrected where discrepancies exist.</li> <li style="padding-bottom: 10px;">TRICORD and its subcontractors shall not be liable for any damage incurred during the handling of equipment requiring special devices to properly load, place or reload unless 14 days advance notice has been given to TRICORD in time to obtain the proper equipment.</li> <li style="padding-bottom: 10px;">TRICORD and its subcontractors shall not be liable 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 but without limitation to, 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 of force of nature.</li> <li style="padding-bottom: 10px;">TRICORD and its subcontractors shall not be liable for ordinary wear and tear in handling of equipment.</li> <li style="padding-bottom: 10px;">It is understood that TRICORD and its subcontractors are not insurers. Insurance, if any, shall be obtained by the Exhibitor. Amounts payable by TRICORD hereunder are based on the scope of the liability as herein set forth and are unrelated to the value of the Exhibitor’s property. It is further understood and agreed that TRICORD and its subcontractors do not provide for full liability should loss or damage occur. In the event that TRICORD or its subcontractors 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 $.10 per pound per article, with a maximum liability of $50.00 per item or $1,000.00 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 or 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 TRICORD, its subcontractors or their employees.</li> <li style="padding-bottom: 10px;">Be sure your freight is insured from the time it leaves your firm until it is returned after the show. It is suggested that Exhibitors arrange all risk coverage. This can usually be done by riders to existing policies. Contact your insurance representative. Be sure your liability insurance is in effect during transit and return of your freight, during storage and at show site.</li> <li style="padding-bottom: 10px;">TRICORD and its subcontractors shall not be liable to any extent whatsoever for indirect, special, incidental, or consequential damages, including but not limited to, delay any actual, potential or assumed loss of profits or revenues, loss of use of equipment or products or 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 the Exhibitor’s materials.</li> <li style="padding-bottom: 10px;">Claims for loss or damage must be submitted to TRICORD immediately at show site, and in any case not later than thirty (30) business days after the conclusion of the event. Any and all claims reported after thirty (30) days will be rejected. No suit or action shall be brought against TRICORD or its subcontractors more than one year after the cause of action accrues.</li> <li style="padding-bottom: 10px;">The Exhibitor agrees, in connection with the receipt, handling, temporary storage and reloading of its freight, that TRICORD and its subcontractors will provide these services as Exhibitor’s agent and not as bailee or shipper. If any employee of TRICORD or its subcontractors shall sign a delivery receipt, bill of lading or other document, the parties agree that TRICORD or its subcontractor will do so as the Exhibitor’s agent, and the Exhibitor accepts the responsibility thereof.</li> <li style="padding-bottom: 10px;">TRICORD and its subcontractors shall not be liable for shipments received without receipts, freight bills or specified unit counts on receipts or freight bills, such as UPS, FedEx, DHL or van lines. Such shipments will be delivered to booth without guarantee of piece count or condition.</li> <li style="padding-bottom: 10px;">Empty container labels will be available at the TRICORD Exhibitor 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. TRICORD assumes no responsibility for error in preceding procedures, removal of containers with old empty labels and without TRICORD labels or improper information on labels. TRICORD and its subcontractors assume no responsibility or liability for loss or damage to contents while containers are in storage or for mislabeled containers.</li> <li style="padding-bottom: 10px;">In order to expedite removal of freight from the show site, TRICORD shall have the authority to change designated carriers, if such carriers do not pick up on time. Where no disposition is made by the Exhibitor, freight will be taken to a warehouse to await Exhibitor’s shipping instructions, and the Exhibitor agrees to be responsible for payment of charges relating to such handling at the warehouse. TRICORD assumes no liability as a result of such rerouting or handling.</li> <li style="padding-bottom: 10px;">The Exhibitor agrees, in the event of a dispute with TRICORD 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 TRICORD for freight handling services or any other services provided by TRICORD or its subcontractors as an offset against the amount of the alleged loss of damage. Instead, the Exhibitor agrees to pay TRICORD prior to the close of the show for all such charges and further agrees that any claim the Exhibitor may have against TRICORD or its subcontractors shall be pursued independently by the Exhibitor as completely separate.</li> </ol></div>