Terms & Conditions of Service
1. These terms and conditions of service constitute a legally binding contract between Elite Cargo Systems, Inc., d/b/a “ELITeXPO Cargo Systems, Inc.” (hereinafter “ECS”) and the “Customer”, and govern all services ECS performs for the Customer. In the event that ECS renders services and issues a document containing terms and conditions governing such services, these terms and conditions of service also govern such services. All ECS terms and conditions of service inure to the benefit of any other person, firm or corporation performing pickup, delivery and other air/ground service in connection with the shipment. The ECS terms and conditions of service can only be modified, altered, or amended in writing signed by both ECS and the Customer; any attempt to unilaterally modify, alter, or amend same shall be null and void. The ECS terms and conditions of service are available on the ECS website, www.elitexpo.com, and also from the ECS home office or from ECS show site personnel in hard-copy.
a. “ECS” shall mean Elite Cargo Systems, Inc., d/b/a “ELITeXPO Cargo Systems, Inc.”, its subsidiaries, related companies, agents and/or representatives;
b. “Customer” shall mean the person or company for which ECS is rendering service, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and a copy of the ECS terms and conditions of service to all its agents or representatives.
c. “Third parties” shall include, but not be limited to, carriers, truckmen, cartmen, lightermen, forwarders using all modes of transportation, non-vessel-operating carriers, custom brokers, agents, warehousemen, and all others to which the goods are entrusted for transportation, cartage, handling, delivery, storage or otherwise.
3. ECS Airbill.
Every ECS airbill is non-negotiable (unless otherwise noted) and has been prepared either by the Customer or by ECS on behalf of and with information from the Customer (upon which ECS has relied in accordance with its terms and conditions of service). By tendering the shipment described in the airbill to ECS for transportation, the Customer, for itself and all parties having an interest in the shipment agrees to ECS’s terms and conditions of service, affirms the description of the shipment as recited on the airbill, and warrants that the shipment is of a nature suitable for carriage, is not hazardous, and does not contain non-approved cargo listed in Paragraph 10 of the terms and conditions of service. All shipments are subject to inspection by ECS.
4. Condition of Goods.
It is mutually agreed that the goods described on the ECS airbill are accepted on the date thereof in apparent good order and condition (except as noted) for carriage as specified therein, subject to the ECS terms and conditions of service.
5. Customer Compliance With Applicable Law.
The Customer shall know and comply with all applicable laws and all Transportation Security Administration, Customs and other Government regulations of any jurisdiction to, from or through which the shipment may be carried including those relating to the packing, carriage or delivery of the shipment, and shall furnish such information and attach such documents to the ECS airbill as may be necessary to comply with such laws and regulations. ECS shall not be liable to the Customer for loss or expense due to the Customer’s failure to comply with this provision, including action taken or fines or penalties assessed by any governmental agency against the shipment because of the failure of the Customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to the Customer by any such agency. No liability shall attach to ECS if ECS in good faith determines that the applicable law, government regulation, demand, or order provides that ECS refuses to handle a shipment.
6. Quotations Not Binding.
Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by ECS to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon ECS unless ECS in writing agrees to undertake the handling of transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between ECS and the Customer. ECS reserves the right to assess transportation charges based on actual and dimensional weights, whichever may be higher. Dimensional weight is calculated by multiplying length by width by height of each package or a shipment in whole (all of inches) and dividing by 194 for domestic shipments or dividing by 166 for international shipments. Customers who fail to apply accurate shipment weight or dimensions may be assessed reweigh or dimensional weight charges via a supplemental invoice from ECS. Delivery will be made by the delivery carrier to the consignee at a point when delivery service is available at ECS’s applicable charges unless instructions to deliver at city terminal are specified by Customer to ECS.
7. C.O.D. or Cash Collect Shipments.
Customer must enter the amount of any C.O.D (Collect on Delivery) amount to be collected on the ECS airbill subject to the ECS fees and terms and conditions of service and the delivering carrier. ECS shall use reasonable care regarding written instructions C.O.D. or cash collect shipments, bank drafts, cashier’s or certified checks, letters of credit and other payment documents. ECS will not be liable for any failure to pay act , omission, default, suspension, insolvency or want of care, negligence, or fault of a bank, correspondent, carrier, agent, or consignee nor for any delay in remittance, loss in exchange, during transmission, or in the course of collection.
8. No liability for the Selection or Services of Third Parties and/or Routes.
Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, ECS shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment. Advice by ECS that a particular person or firm has been selected to render services with respect to the goods shall not be construed to mean that ECS warrants or represents that such person or firm will render such services nor does ECS assume responsibility or liability for any actions and/or inactions of such third parties and/or its agents, nor shall ECS be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party. All claims in connection with the actions of a third party shall be brought solely against such third party and/or its agents; in connection with any such claim, ECS shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by ECS. All shipments are tendered to third parties subject to the terms of the third party’s limitations of liability and/or terms of conditions of service. The Customer understands and agrees that third parties to whom the goods are entrusted may limit liability for loss or damage. ECS will request higher valuation coverage from such third party only upon specific written instruction from the Customer, which must agree to pay any charges therefore. In the absence of written instruction or the refusal of the third party to agree to a higher declared value, ECS at its discretion may tender the goods to the third party.
9. No liability for Specific Causes.
ECS shall never be liable for loss, damage, or other injury proximately caused by:
(a) Authority of law, quarantine, unavailability in whole or in part of aircraft fuel, or nuclear risk.
(b) The act or default of the Customer, Shipper, or Consignee.
(c) The nature of the shipment, or any defect, characteristic or inherent vice thereof.
(d) Violation by the Customer, Shipper or Consignee of any of the rules contained in the contract of carriage and/or failure to observe any of the terms and conditions of service contained in the contract of carriage and/or failure to observe any of the terms and conditions of service relating to shipments acceptable only under certain conditions.
(e) Compliance with delivery instructions from the Customer, Shipper or Consignee or non-compliance with special instructions from the Customer, Shipper or Consignee not authorized by Carrier’s terms and conditions of service.
(f) Shortage of articles loaded and sealed in containers by the Customer or Shipper, provided the seal is unbroken at the time of delivery and the container retains its basic integrity.
(g) Customs or government officials.
(h) Packaging service and/or packing materials provided by ECS or a representative thereof.
(i) Uncrated and/or unpackaged materials.
(j) Improper or insufficient packaging, securing marking, and /or addressing.
(k) Commandeering, preemption, requisition or nationalization by the governmental (defacto or otherwise) of the country to or from which thegoods are insured.
(l) Seizure or destruction under quarantine, environmental, TSA or customs regulations.
(m) Nuclear reaction, radiation or radioactive contamination, regardless of how it was caused.
(n) Change in temperature or humidity.
(o) Loss or shortage to materials when multiple pieces are contained on a skid and counted as one piece.
(p) Delay in pickup or delivery.
(q) Intrinsic loss.
(r) Consequential damages including but not limited to, actual, potential, or assumed loss of profits, income, interest markets, and/or use of contents due to damage, loss, or delay whether or not ECS has knowledge that such damages might be incurred.
(s) Any other cause for which ECS has no liability under applicable law.
10. Uninsurable Cargo - Released Liability.
It is understood and agreed that the following items will not be insured by ECS or its agents. In the event that any of these items is included within a shipment, ECS will have no liability with respect to such item, or with respect to any loss or damage suffered as the result of the inclusion of such item in the shipment.
· Alcoholic Beverages
· Bagged Goods, Cement, Fertilizer, Fishmeal
· Bank Notes
· Bulk Commodities
· Ceramics, Pottery, Porcelain
· China and Glassware
· Computer Memory Chips
· Confectionery, Chocolates
· Fine Arts – Insured values in excess of USD 50,000
· Iron or Steel Products, Structural, Steel, Pipe, Coils, Sheets, Beams, Wires
· Jewelry (other than Costume)
· Live Animals, Plants
· Marble, Granite
· Meats, Fruits and Vegetables
· Nuclear Fuels
· Paper, Newsprint
· Perishables (Products requiring Refrigeration)
· Precious Metals, Gold, Silver
· Precious Stones
· Used Goods/Machinery
· Valuable Papers
ELITeXPO will not transport Dangerous Goods / Hazardous Materials.
In connection with all services performed by ECS, Customer may obtain additional insurance coverage up to $500,000 of the actual or invoice value of the shipment, by requesting such coverage and agreeing to make payment therefore, which request must be confirmed by ECS prior to rendering services for the covered transaction.
Unless requested to do so and confirmed to Customer, ECS is under no obligation to procure such insurance on Customer’s behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance.
ECS and the insurer have the right to refuse Customer’s request for insurance due to the nature of the goods and/or physical condition of the shipment.
Plasma monitors are excluded from the standard insurance policy. A separate plasma monitor insurance policy is required.
All insurance purchased on behalf of the Customer will be governed by the certificate or policy issued and will only be effective when accepted by such insurance company or underwriter. In the event of any dispute with the insurance company, the Customer agrees that ECS has no liability for such dispute and will seek resolution of such dispute only with the insurance company.
All claims are subject to a $100.00 deductible.
12. Plasma Monitors & Plasma Screens.
All-Risk Plasma Monitor Insurance is available under a separate policy, subject to Paragraph 11 above. Details available upon request.
Requirements for All-Risk Plasma Monitor Coverage:
Plasma Monitors must be part of an entire insured booth shipment.
Plasma monitors must be insured under a separate policy declaration from the rest of the booth.
Each plasma monitor must be packaged in a professional hard shell shipping case designed specifically for that monitor. If not packaged as such, coverage is void.
13. Disclaimers; Limitation of Liability.
Except as specifically set forth herein, ECS makes no express or implied warranties in connection with its services or those of third parties;
Customer agrees that in connection with any and all services performed by ECS, ECS shall only be liable for its negligent acts, which are the direct and proximate cause of any injury to Customer, including loss or damage to Customer’s goods, and ECS shall in no event be liable for the acts of third parties;
In the absence of additional coverage under Paragraphs 11 and 12 above, ECS’s liability is limited to $0.50 per pound of each piece of the shipment which has been lost, damaged, or destroyed, or $50.00 per shipment, whichever is greater.
In no event shall ECS be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if ECS has been put on notice of the possibility of such damages.
In no event shall ECS be liable or responsible for loss of or damage to packaging materials including: crates, cases, or other types of packaging materials.
14. Claims against ECS
Receipt by the Consignee of the shipment without written notification of loss or damage on the delivery receipt shall be prima facie evidence that the shipment has been delivered in good order and condition.
All claims, except for overcharges, must be made in writing received by the ECS Claims Department at the ECS home office within 30 days after the delivery of the shipment. Claims for overcharges must be made in writing within 90 days after the date of acceptance of the shipment. Failure to give ECS timely notice hereunder will be a complete defense to any suit or action by or on behalf of Customer.
All documentation required to support a claim must be received by ECS within 90 days after written claim notification has been received. Such documents include original purchase invoices, estimates or invoices for repair, and/or other records.
Original shipping containers, packing materials, and contents involved in a claim must be held for inspection until the claim is complete.
All damage claims are subject to inspection by ECS.
No claim will be reviewed until all shipping and any other related charges owed have been paid to ECS.
15. Limitation of Actions.
All suits against ECS must be filed with the Clerk of the Court and properly served on ECS, as follows:
a. For claims arising out of surface transportation, within two (2) years from the date of loss or damage;
b. For claims arising out of air transportation, within two (2) years from the date of loss or damage.
c. For any and all other claims of any type, within one (1) year from the date of loss or damage.
16. Amounts Due ECS.
If a shipment is to be delivered to the Consignee without ECS’s recourse on the Consignor, ECS shall not make delivery of such shipment without payment of freight and all other lawful charges.
The Shipper, Consignee, and/or owner of the goods shall be liable, jointly and severally, to pay or indemnify ECS for all claims, fines, penalties, damages, costs or other sums which may be incurred, suffered or disbursed by ECS by reason of the ECS terms and conditions of service or any other default of the Shipper or such other parties with respect to the shipment.
In any referral for collection or action against the Customer for monies due to ECS, the Customer shall pay the expenses of collection and litigation, including a reasonable attorney fee. These expenses and fees shall be in addition to the total outstanding balance due ECS.
17. Exhibitions and Trade Show Procedures.
It is agreed that:
(a) Customer accepts that shipments forced to ECS by a Showsite Decorator under its terms and conditions are governed by the ECS terms and conditions of service.
(b) Customer accepts the responsibility for the payment of ECS’s charges in connection with the movement of the shipment as set forth above and guarantees payment to ECS in the event any third party who acts on Customer’s behalf of such shall fail to pay such charges within 60 days after the close of the event.
(c) In connection with the receipt, handling, storage and reloading of Customer’s materials at the event location (as distinct from ECS warehouse) that ECS will provide its services as Customer’s agent and not as bailee or Shipper. If any employee of ECS shall sign a delivery receipt, Bill of Lading, or other documents, Customer agrees that ECS shall do so as an agent, and Customer accepts the responsibility thereof.
(d) Shipments of large piece quantity may be signed off as “SLC” or “shipper load and count” when the actual piece count may be impossible , inappropriate, or may cause excessive delays in the operations of ECS. In that event, ECS will not be responsible for any piece count discrepancies.
(e) In the event of a dispute with ECS relative to any loss or damage to any materials or equipment, that Customer will not withhold payment of any amount due to ECS for cartage or any other services provided by ECS as an offset against the amount of the alleged loss or damage. Instead, Customer agrees to pay ECS within 30 days from close of the event for all such charges.
18. ECS Reliance on Information Furnished.
(a) Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with any government agency and/or third parties, and will immediately advise ECS of any errors, discrepancies, incorrect statements, or omissions on any declaration filed on Customers behalf;
(b) In assisting the third party customs broker in its preparing and submitting Customs entries, export declarations, applications, documentation and/or export data to the United States and/or a third party, ECS relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to insure the correctness of all such information and shall indemnify and hold ECS harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to disclose information or any incorrect or false statement by the Customer upon which ECS reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to import, export, enter or transport the goods.
19. Advancing Money. ECS shall not be obligated to incur any expense, guarantee any payment or advance any money in connection with the importing, forwarding, transporting, insuring, storing or coopering of the goods, unless the same is previously provided to ECS by the Customer on demand. ECS shall be under no obligation to advance freight charges, customs duties or taxes on any shipment, nor shall any advance by ECS be construed as a waiver of the provisions hereof.
20. Indemnification/Hold Harmless. The Customer agrees to indemnify, defend, and hold ECS harmless from any claims and/or liability arising from the importation, exportation, or transportation of Customer’s merchandise and/or any conduct of the Customer, which violates any Federal, State. And/or other laws, and further agrees to indemnify and hold ECS harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to reasonable attorney fees, which ECS may hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against ECS, it shall give notice in writing to the Customer by mail at its address on file with ECS.
21. General Lien and Right To Sell Customer’s Property.
ECS shall have a general and continuing lien on any and all property of Customer’s coming into ECS’s actual or constructive possession or control for monies owed to ECS with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both; ECS shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges; Customer shall notify all parties having an interest in its shipment(s) of ECS’s rights and/or the exercise of such lien. Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of ECS, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, ECS shall have the right to sell such shipment(s) at public or private sale or auction.
22. No Duty To Maintain Records for Customer. Customer acknowledges that pursuant to Sections 508 & 509 of the Tariff Act, as amended, (19 USC 1508 and 1509), it has the duty and is solely liable for maintaining all records required under the Customs and/or other Laws and Regulations of the United States; unless otherwise agreed to in writing, ECS shall only keep such records that it is required to maintain by Statute(s) and/or Regulations, but not act as a “recordkeeper” or “recordkeeping agent” for Customer.
23. Governing Law; Consent to Jurisdiction and Venue.
These terms and conditions of service and the relationship of the parties shall be construed according to the Laws of the State of Illinois without giving consideration to principals of conflict of law. Customer and ECS:
(a) irrevocably consent to the sole and exclusive jurisdiction in the State Courts and Federal Courts having jurisdiction over Kane County, Illinois for any claims and disputes between parties;
(b) agree that any action relating to the services performed by ECS shall only be brought in said courts;
(c) consent to the exercise of in personam jurisdiction by said courts over them, and
(d) further agree that any action to enforce a judgment may be instituted in any jurisdiction.