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PAYMENT & LABOR TERMS & CONDITIONS The terms and conditions set forth below become a part of the contractual agreement between Steele Tradeshow Services and you, the EXHBITOR.<o:p></o:p> Acceptance of said terms and conditions will be construed when any of the following conditions are met: <o:p></o:p> · WHEN THE METHOD OF PAYMENT FORM IS SIGNED;OR · WHEN AN ORDER FOR LABOR, SERVICES AND/OR RENTAL EQUIPMENT IS PLACED BY AN EXHIBITOR WITH STEELE TRADESHOW SERVICES; OR<o:p></o:p> · WHEN WORK IS PERFORMED ON BEHALF OF EXHBITOR BY LABOR SECURED THROUGH STEELE TRADESHOW SERVICES. <o:p></o:p> Definitions: The name “Steele Tradeshow Services” shall be construed within the meaning of this contract as Steele Tradeshow Services (STS), also dba<o:p></o:p> “Steele Tradeshows”, and/or its employees, officers, directors, agents and assigns, affiliated companies and related entities including but not limited to any subcontractors STS 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 (E.A.C).<o:p></o:p> <o:p></o:p> Payment Terms: Full payment, including any applicable tax, is due in advance or at show site. All payments must be in U.S. funds and all checks must be drawn on a U.S. or Canadian bank. The term “U.S. Funds” must be pre-printed on all Canadian Checks. Orders received without advance payment or after the deadline date will incur additional {After Deadline} 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 STS except where specifically identified as a sale. All STS rentals include delivery, installation and removal for EXHBITOR’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. For all orders placed and then are cancelled, a restocking fee applies as follows, if services have not already been provided at the time of cancellation, a $35.00 fee will apply and if services have already been provided a 50% restocking fee will be applied to all STS rental items with the exception of Plush Carpet, Custom Cut Carpet, Signs and any other custom order items, which will remain 100% of the original charge. It is the EXHIBITOR’S responsibility to advise STS Exhibitor Services personnel of any problems with any order and to check invoices for accuracy prior to the close of the exhibit. If EXHBITOR is exempt from payment of sales tax, STS requires an exemption certificate for the State of California. Resale certificates are not valid unless EXHIBITOR is rebilling these charges to customers. For international EXHIBTORS, STS requires 100% prepayment of advance orders and any other orders or services placed at show site must be paid at the show. For all others, should there be any preapproved unpaid balance after the close of the show, terms will be met, due and payment in Palm Desert, California upon receipt of invoice. Effective 30 days after the 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 will automatically be reduced to the maximum rate allowed, and any excess finance charge received by STS shall be either applied to reduce the principal unpaid balance or refunded to the payer. These payment terms and 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 STS 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 STS for its services, as an offset against the amount of any alleged loss or damage. Any claim against STS shall be considered a separate transaction and shall be resolved on its own merits. STS reserves the right to charge EXHIBITOR for the difference between EXHIBITOR’S estimate or charges and the actual charges incurred by EXHIBITOR, or for any charges that STS may be obligated to pay on behalf or EXHIBITOR, including without limitation, any shipping charges.<o:p></o:p> <o:p></o:p> OPTION A: LABOR PROVIDED UNDER THE SUPERVISION OF STEELE TRADESHOW SERVICES RESPOSIBILITIES: STS shall be responsible for the performance of labor provided under this option. STS cannot assume responsibility for any acts of, or loss to, parties and/or other contracting firms not under STS’s direct supervision and control. In no event shall STS be liable for loss or damage cause by delay in labor beginning work when EXHIBITOR requests labor to being later than the start of the working day. STS shall not be responsible for loss, delay or damage due to strike, lockouts, and/or work stoppages or other causes beyond STS’s reasonable control.<o:p></o:p> <o:p></o:p> INDEMNIFICATION: STS agrees to indemnify, hold harmless and defend EXHIBITOR from and against any and all demands, claims, causes of actions, fines, penalties, damages, liabilities, judgments and expenses (including but not limited to reasonable attorney’s fees and investigation costs) for bodily injury to STS employees, or property damage arising out of work performed by labor provided by and supervised by STS, except when EXHIBITOR exercises direction and/or control over the work being performed.<o:p></o:p> <o:p></o:p> OPTION B: LABOR PROVIDED UNDER THE SUPERVISION OF EXHIBITOR RESPONSIBITIES: EXHIBITOR shall be responsible for the performance of labor provided under this section. It is the responsibility of EXHIBITOR to supervise labor secured through STS 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 STS 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 Service Desk to pick up labor and to return to the Service Desk to release the labor when the work is completed.<o:p></o:p> <o:p></o:p> INDEMNIFICATION: EXHIBITOR agrees to indemnify, hold harmless and defend STS from and against any and all demands, claims, causes or action, fines, penalties, damages, liabilities, judgments and expenses (including but not limited to reasonable attorney’s fees and investigation costs) for bodily injury to STS employees, and/or property damage arising out of work performed by labor provided by STS but supervised by EXHIBITOR. Further, EXHIBITOR’S indemnification of STS 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 STS to work in a manner that violates any of the above rules, regulations, and/or ordinances.<o:p></o:p> <o:p></o:p> IMPORTANT: PLEASE REFER TO STEELE TRADESHOW SERVICES’ MATERIAL HANDLING TERMS AND CONDITIONS AS THEY RELATE TO<o:p></o:p> MATERIAL HANDLING SERVICES. <o:p></o:p><o:p> </o:p>MATERIAL HANDLING TERMS & CONDITIONS Acceptance of said terms and conditions will be construed when any of the following conditions are met:<o:p></o:p> <o:p> </o:p> · THE MATERIAL HANDLING SERVICE AGREEMENT IS SIGNED; OR<o:p></o:p> · WHEN EXHIBITOR’S MATERIALS ARE DELIVERED TO STS’ WAREHOUSE OR TO A SHOW/EXPOSITION SITE FOR WHICH STEELE TRADESHOW SERVICES DECORATIONS & SPECIAL EVENTS IS THE OFFICAL CONTRACTOR; OR<o:p></o:p> · WHEN AN ORDER FOR LABOR AND/OR RENTAL EQUIPMENT IS PLACED BY AN EXHIBITOR WITH STS.<o:p></o:p> <o:p> </o:p> 1. DEFINITION: For all purposes of this contract, “Steele Tradeshow Services” (STS), means the company, its employees, officers, directors, agents, assigns, affiliated companies<o:p></o:p> and related entities including but not limited to any subcontractors STS may appoint. The term “EXHIBITOR” means the<o:p></o:p> Exhibitor, its employees, agents, representatives and any Exhibitor Appointed Contractors (EAC). Further, the EXHIBITOR is in fact the “Shipper” for all purposes and<o:p></o:p> circumstances notwithstanding anything contained herein to the contrary.<o:p></o:p> 2. PACKAGING & CRATES: STS shall not be responsible for damage to loose, uncrated materials, pad-wrapped or shrink-wrapped materials, glass breakage, concealed damage, carpets<o:p></o:p> in bags or poly, or materials improperly packed. STS shall not be responsible for crates and packaging which are unsuitable for handling, in poor condition, or have prior<o:p></o:p> damage. Crates and packaging should be of a design to adequately protect contents for handling by forklift and similar means.<o:p></o:p> 3. EMPTY CONTAINERS: Empty container labels will be available at the show site service desk. Affixing labels to the containers is the sole responsibility of EXHIBITOR or his<o:p></o:p> representative. All previous labels must be removed or obliterated. STS assumes no responsibility for: error in the above procedures; removal of containers with old empty<o:p></o:p> labels & without STS labels; or improper information on empty labels. STS WILL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE TO CRATES AND CONTAINERS OR<o:p></o:p> THEIR CONTENTS WHILE SAID ITEMS ARE IN EMPTY STORAGE<o:p></o:p> 4. INBOUND SHIPMENTS: Consistent with trade show industry practices, there may be a lapse of time between the delivery of shipment(s) to the booth and the arrival of Exhibitor or his<o:p></o:p> representative, and during such time the materials will be left unattended. STS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, THEFT OR<o:p></o:p> DISAPPEARANCE OF EXHIBITOR’S MATERIALS AFTER SAME HAVE BEEN DELIVERED TO EXHIBITOR’S BOOTH AT SHOW SITE. STS highly recommends the<o:p></o:p> securing of security services from Facility or Show Management<o:p></o:p> 5. OUTBOUND SHIPMENTS: Consistent with trade show industry practices, there may be a lapse of time between the completion of packing and the actual pickup of materials from the<o:p></o:p> booths for loading onto a carrier and during such time the materials will be left unattended. STS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE,<o:p></o:p> THEFT OR DISAPPEARANCE OF EXHIBITOR’SMATERIALS BEFORE SAME HAVEBEEN PICKED UP FOR RELOADINGATTHE CONCLUSION OFTHE EVENT. STS<o:p></o:p> highly recommends the securing of security services from Facility or Show Management. All Material Handling Agreements submitted to STS by EXHIBITOR will be checked<o:p></o:p> at the time of pickup from the booth and corrections will be made where discrepancies exist between the quantities of items listed by EXHIBITOR and the actual count of such<o:p></o:p> items in the booth at the time of pickup.<o:p></o:p> 6. STS’ RESPONSIBILTIES: STS shall be responsible only for those services which it directly provides. STS assumes no responsibility for any persons, parties or other contracting firms<o:p></o:p> not under STS’ direct supervision and control. STS shall not be responsible for loss, delay or damage due to strike, lockouts, work stoppages, natural elements, vandalism,<o:p></o:p> acts of God, civil disturbances, power failures, explosions, acts of terrorism or war, other causes beyond STS’ reasonable control, nor for ordinary wear & tear in the handling<o:p></o:p> of materials<o:p></o:p> 7. INSURANCE: It is understood that STS is not an insurer. Insurance on exhibit materials, if any, shall be obtained by EXHIBITOR in amounts and for perils determined by EXHIBITOR.<o:p></o:p> EXHIBITOR agrees to provide STS with a release of subrogation to the extent of any insurance settlement received.<o:p></o:p> 8. DECLARED VALUE: Declared value is available only on AIR SHIPMENTS. The value per pound for applying valuation charges shall be determined by dividing the Shipper’s declared<o:p></o:p> value for carriage by the actual weight of the shipment.<o:p></o:p> (a) GROUND SHIPMENTS: No Declared Value is available for ground shipments. If the shipper elects to declare a value, they must ship by air.<o:p></o:p> (b) Notwithstanding the above limitations, all shipments, domestic and international, containing the following items of extraordinary value are limited to a maximum declared value of<o:p></o:p> $500.00 (USD):<o:p></o:p> 1. Artworks and objects of art, namely original paintings, drawings, etchings, water colors, tapestries or sculptures.<o:p></o:p> 2. Clocks, jewelry, including costume jewelry, furs and fur trimmed clothing.<o:p></o:p> 3. Personal effects, including without limitation papers and documents.<o:p></o:p> (c) Liability for damage to shipments containing glass shall be limited to $50.00 (USD). Shipments with a declared value exceeding $50.00 (USD) will not be accepted. If inadvertently<o:p></o:p> accepted, liability will be limited to $50.00 (USD). Glass shipments include without limitation windshields, plate glass, ceramics, chinaware and light bulbs.<o:p></o:p> (d) Any declared value in excess of the maximums allowed herein is null and void and the acceptance by us for carriage of any shipment with a declared value in excess of the allowed<o:p></o:p> maximums does not constitute a waiver of these maximums<o:p></o:p> 9. CLAIM(S) FOR LOSS. Claims for loss or damage must be filed within nine (9) months after the delivery of the property, except that claims for failure to make delivery must be filed nine<o:p></o:p> (9) months after a reasonable time for delivery has elapsed. In no event shall a suit or action be brought against STS more than two (2) years and one day from the day when<o:p></o:p> written notice is given by STS to EXHIBITOR that the claim is disallowed. Receipt of shipment by consignee or the consignor’s agent without written notification of damage or<o:p></o:p> loss will be prima facie evidence that the shipment was delivered in good condition.<o:p></o:p> * PAYMENT FOR SERVICES MAY NOT BE WITHHELD. In the events of any dispute between the EXHIBITOR and STS relative to any loss, damage or claim such<o:p></o:p> EXHIBITOR shall not be entitled to and shall not withhold payment, or any partial payment, due to STS for its services, as an offset against the amount of any alleged loss or<o:p></o:p> damage.<o:p></o:p> * MAXIMUM RECOVERY. If found liable for any loss, STS’ sole and exclusive MAXIMUM liability for loss or damage to EXHIBITOR’S materials and EXHIBITOR’S sole and<o:p></o:p> exclusive remedy is limited to $.50 per pound per article with a maximum liability of $100.00 per item, or $1,500.00 per shipment, whichever is less, unless shipper makes a<o:p></o:p> declaration of value in the space designated on the Material Handling Agreement and pays the appropriate valuation charge. When a declaration is made, liability shall in no<o:p></o:p> event exceed the declared value of the shipment. DECLARED VALUE AMOUNTS APPLY ONLY TO THE AIR SHIPMENT OF MATERIALS AND NOT TO ANY OTHER<o:p></o:p> SERVICES PROVIDED BY STS INCLUDING, WITHOUT LIMITATION, MATERIAL HANDLING SERVICES.<o:p></o:p> * BREACH OF CONTRACTAND/OR NEGLIGENCE ONLY. STS’ liability shall be limited to any loss or damage which results solely from STS’ NEGLIGENCE in the<o:p></o:p> actual physical handling of the items compromising EXHIBITOR’S shipment(s) OR which results from BREACH OF THIS CONTRACT and not for any other type of loss or<o:p></o:p> damage. In no event shall STS be liable to the EXHIBITOR or to any other party for special, collateral, exemplary, indirect, incidental or consequential damages, whether<o:p></o:p> such damages occur either prior or subsequent to, or are alleged as a result of tortuous conduct, failure of the equipment or services of STS or provisions of this agreement<o:p></o:p> regardless of the form of action, whether in contract or in tort, including strict liability and negligence, even if STS has been advised or has notice of the possibility of such<o:p></o:p> damages, or for any damages caused by EXHIBITOR’S responsibilities. Such excluded damages include but are not limited to loss of profile, loss of use or interruption of<o:p></o:p> business, or other consequential or indirect economic loss(es).<o:p></o:p> 10. JURISDICTION. THIS CONTRACT SHALL BE CONSTRUED UNDER THE LAWS OF THE STATE OFT CALIFORNIA WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS RULES,<o:p></o:p> EXCLUSIVE VENUE FOR ALL DISPUTESARISING OUT OF OR RELATING TO THIS CONTRACT SHALLRESIDE INA COURT OF COMPETENT JURISDICTION IN<o:p></o:p> Riverside County, CA.<o:p></o:p> 11. INDEMNIFICATION. EXHIBITOR agrees to indemnify, forever hold harmless and defend STS, its employees, directors, officers and agents from and against any and all demands,<o:p></o:p> claims, causes of action, fines, penalties, damages (including consequential), liabilities, judgments, and expenses (including but not limited to reasonable attorney’s fees and<o:p></o:p> investigation cost(s) on account of personal injury, death, or damage to or loss of property or profits arising out of, or contributed to, by any of the following: EXHIBITOR’s<o:p></o:p> negligent supervision of any labor secured through STS, or the negligent supervision of such labor by any of EXHIBITOR’S employees, agents, representatives, customers,<o:p></o:p> invitees and/or any EAC. EXHIBITOR’s negligence, willful misconduct, or deliberate act, or the negligence, willful misconduct, or deliberate act of EXHIBITOR’s employees,<o:p></o:p> agents, representatives, customers, invitees and/or any EAC at the show or exposition to which this contract relates. EXHIBITOR’s violation of Federal, State, County or Local<o:p></o:p> ordinances or the violation of Show Regulations and/or Rules as published and set forth by Facility and/or Show Management. EXHIBITOR’s inclusion of illegal substances,<o:p></o:p> hazardous materials or waste in any shipments placed with STS and for the violation of the representations and warranties made regarding hazardous materials as shown on<o:p></o:p> the Material Handling Agreement.<o:p></o:p> 12. MISCELLANEOUS. EXHIBITOR, waives and releases all claims against STS, its employees, agents, officers and directors, with respect to all matters for which STS has disclaimed<o:p></o:p> liability pursuant to the provisions of this contract. The EXHIBITOR acknowledges that he or she has read, understands and agrees to the provisions herein.<o:p></o:p> <o:p></o:p> <o:p> </o:p>