Theft and damage is a serious problem in the trade show industry. Nth Degree, Inc. has always sought to protect our clients from damage due to the negligence of labor under our employ. Our workers are trained to take precautions to make sure exhibit materials and products in our jobs are protected. Nth Degree highly recommends that our clients insure all booth materials. We suggest you contact your insurance representative for more information. If you wish, you can request Nth Degree personnel to remain on site and assure that your freight is loaded safely onto the correct truck; however, there will be a charge for this additional service.
By your engagement of Nth Degree to provide services, you agree with Nth Degree that the following terms and conditions shall apply:
This is an AGREEMENT between Nth Degree, Inc. (“Nth Degree”) and the client (“Client”) commissioning work from Nth Degree in connection with a trade show or other event (such work being referred to herein as the “Services”).
- The Services shall consist of reasonable set-up, dismantle and/or other services as expressly agreed to in writing between Nth Degree and Client, or, absent such a writing, the Services shall consist of those set up, dismantle and incidental services as would customarily be performed for Client by a comparable set up and dismantle service-provider in the trade show and convention industry.
- Client shall be responsible for providing at Client’s expense (i) all information reasonably necessary to enable Nth Degree to make timely performance of the Services; and (ii) comprehensive and other liability insurance covering the exhibits and all other Client property with respect to theft, loss, destruction or damage– for which Nth Degree shall have no liability under any circumstances whether or not Client procures and provides such insurance.
- Client is responsible for providing timely notification to show management that it intends to utilize Nth Degree to perform the Services and for the payment of any associated fees.
- Nth Degree shall have no responsibility whatsoever to Client or any other party for any of the following: (a) any defect in the manufacture or design of any exhibit, part, item of equipment or other tangible thing associated with Client’s exhibits, and any additional costs of set up, dismantle or other work by Nth Degree resulting from such defect shall be an extra charge to be borne by Client; (b) the failure of the Client, any exhibit manufacturer or other party to provide all reasonably necessary exhibit components; (c) any loss, damage or delay (i) caused by persons not employed by Nth Degree, (ii) resulting from services rendered or labor furnished outside of Client’s booth; (iii) resulting from instructions by Client or any representative of Client; (iv) occurring after the bill-of-lading has been turned over to the drayage contractor; (v) resulting from changes made to the bill-of-lading by anyone other than personnel of Nth Degree; (vi) resulting from rules or actions of show management or the general contractor; (vii) resulting from poor packing performed by any entity other than Nth Degree;(viii) RESULTING FROM THE THEFT (OTHER THAN BY NTH DEGREE) OR LOSS OF PRODUCTS, DEMONSTRATION ITEMS, DISPLAYS, LITERATURE AND OTHER ITEMS AND MATERIALS REGARDLESS OF WHETHER THEY ARE EXHIBIT COMPONENTS; (ix) resulting from any matter or thing not within the control of Nth Degree or resulting from the acts or omissions of others not in the control of Nth Degree, including, without limitation, fire, acts of God, theft, vandalism, strikes or lockouts.
- Nth Degree warrants that it will perform the Services in a good and workmanlike manner. Nth Degree DISCLAIMS ALL OTHER AND FURTHER WARRANTIES ON SERVICES AND MATERIALS FURNISHED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS; and the stated express warranty herein is in lieu of all obligations or liabilities on the part of Nth Degree arising out of or in connection with the performance of the Services.
- LIMITATION OF LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OR AGREEMENT BETWEEN THE PARTIES, NTH DEGREE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES (WHETHER OR NOT NTH DEGREE IS ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM) FOR (a) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM DELAY OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, (b) INJURIES TO PERSONS OR DAMAGE TO PROPERTY UNLESS CAUSED PRIMARILY BY ITS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (c) ANY CLAIM NOT PRESENTED WITHIN 90 DAYS AFTER THE CLOSING DATE OF THE SHOW OR EVENT FROM WHICH THE CLAIM ARISES. NTH DEGREE’S LIABILITY FOR DAMAGE TO PROPERTY SHALL BE FURTHER LIMITED TO LIABILITY FOR THE PHYSICAL LOSS OF OR DAMAGE TO PROPERTY ONLY AND IS LIMITED TO THE LESSER OF (a) $0.30 PER POUND PER LOST OR DAMAGED ITEM AND (b) $1,000.00 PER SHIPMENT PER EXHIBIT. NOTWITHSTANDING ANY OTHER PROVISION OR AGREEMENT BETWEEN THE PARTIES, NTH DEGREE’S TOTAL AGGREGATE LIABILITY TO CLIENT, REGARDLESS OF CAUSE OF ACTION, RELATED DIRECTLY OR INDIRECTLY TO THE SERVICES SHALL NOT EXCEED THE FEES PAID BY CLIENT TO NTH DEGREE WITHIN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM FOR SUCH AROSE.
- All amounts due to Nth Degree for the Services are due on receipt of the invoice therefore, and all invoices to be deemed received within three (3) days after the mailing thereof via the U.S. Mail, first-class postage pre-paid or on actual receipt, if earlier. In the event Client disputes a portion of any invoice received from Nth Degree, Client agrees to pay upon receipt of such invoice the charges or portions thereof which are not in dispute. All invoice amounts not paid within 30 days of receipt shall bear interest at the rate of 1.5% per month, or the highest rate permitted by applicable law, if less.
- This Agreement shall be governed by and interpreted and construed in accordance with the laws of the State of Georgia, without giving effect to such state’s rules regarding conflict of laws. The parties acknowledge that this is a Georgia contract and that Georgia is a proper venue for any action regarding this Agreement brought against Client or Nth Degree. Nth Degree and Client hereby waive any and all objections they may otherwise have to venue in Georgia and hereby consent to venue and jurisdiction in a Georgia court having appropriate subject matter jurisdiction; and specifically and without limitation, Nth Degree and Client consent to venue and jurisdiction in the Superior Court of Gwinnett County, Georgia.