Insurance is available upon request for $10 per thousand of value. By accepting this Bill of Lading, DAX Transportation Inc. assumes no responsibility for shipments left in booth or other designated area by shipper. All materials are subject to final count and correction at time of actual removal from place of origin. DAX reserves the right to reroute any in going or outgoing shipment via an alternate carrier. DAX assumes no responsibility for misdirected shipments as a result of old shipping labels which remain on containers.
LIMITS OF LIABILITY AND RESPONSIBILITY
1. DAX shall not be responsible for damage to uncrated materials, materials improperly packed, or concealed damage.
2. DAX shall not be responsible for loss, theft, or disappearance of exhibitor's material after same has been delivered to exhibitor's booth, in lieu of exhibitor's absence.
3. DAX shall not be responsible for loss, theft, disappearance of materials before they are picked up from exhibitor's booth for reloading after the show. Bill of Lading covering outgoing shipments, which are furnished by DAX to exhibitors, will be checked at time of actual pickup from booth and corrections made where discrepancies occur.
4. DAX shall not be responsible for any loss, damage, or delay due to fire, Acts of God, strikes, lockouts, or work stoppages of any kind or to any cause beyond its control.
5. DAX's liability shall be limited to the physical loss or damage to the specific article which is lost or damaged, and in any event DAX's maximum liability shall be limited to $.60 per pound per article with a maximum liability of $50.00 per item, or $1,000.00 per shipment, whichever is less, UNLESS ADDITIONAL INSURANCE HAS BEEN PURCHASED AS LISTED ON CONTRACT PRIOR TO SHIPPING.
6. DAX shall not be liable to any extent whatsoever for any actual, potential, or assumed loss of profits or revenues, or for any collateral costs, which may result from any loss or damage to an exhibitor's materials which may make it impossible or impractical to exhibit same.
7. The consignment or delivery of a shipment to DAX by an exhibitor, or by any shipper to or on behalf of the exhibitor, shall be construed as an acceptance by such exhibitor (and/or other shipper) of the terms and conditions set forth in this bulletin. ANY CASE AGAINST DAX SHALL BE MADE IN WRITING WITHIN TWO WEEKS FROM WHEN THE ALLEGED DAMAGE OCCURRED.
We hereby authorize DAX to handle our shipment(s) in accordance with the information set forth above in the "Limits of Liability" section of this form and we will further agree to the following:
a. We accept the responsibility for the payment of DAX's charges in connection with our shipment as set forth above and we guarantee payment to DAX in the event any third party who acts on our behalf shall fail to pay prior to show.
b. We agree to the "Limits of Liability and Responsibility" as set forth above.
c. We agree that DAX's liability shall be limited to any loss or damage which results solely from DAX's negligence in the actual physical handling of items comprising our shipment(s), and not for any other type of loss or damage.
d. With particular reference to subparagraphs b and c of the above, we agree in connection with the receipt handling storage, and reloading of our materials at the destination site (as distinct from DAX's warehouse). That DAX will provide its services as our agent, and not as bailee or shipper. If any employee of DAX shall sign a delivery receipt, Bill of Lading or other documents, we agree that DAX will do as our agent, and we accept the responsibility therefore.
1. Relative to outgoing shipments after the show, we recognize that there will be a lapse of time between the completion of packing and the actual pickup of our materials from our booth for loading onto a carrier, and that during such time our shipment will be left unattended in our booth or other locales of origin. We agree that DAX shall not be responsible for any loss or damage during such period, and we authorize DAX to adjust the quantities of items on any Bill of Lading left by us with DAX to conform to the actual count of such items in the booth at the time of pickup.
2. IT IS RECOMMENDED THAT EACH EXHIBITOR SECURE THEIR OWN FIRST PARTY INSURANCE TO COVER ANY LOSS FROM THIS SHIPMENT.
e. We agree, in the event of a dispute with DAX relative to any loss or damage to any of our materials or equipment, that we will not withhold payment of any amount due to DAX for material handling or any other services provided by DAX as an offset against the amount of the alleged loss or damage. Instead, we agree to pay DAX within 30 days from close of the show for all such charges, and further agree that any claim we may have against DAX shall be pursued independently by us as a completely separate transaction to be resolved on its own merits.
f. In order to expedite removal of materials, DAX shall have authority to change designated carriers. Where no disposition is made, materials will be taken to DAX's warehouse, awaiting exhibitors shipping instructions and charged accordingly.