Conditions of Contract
This contract is between Show Solutions LLC dba TLC-Expo (hereinafter referred to as TLC) - TLC a Nevada Corporation (the "Forwarder") and the Shipper designated on the Bill of Lading. Forwarder and Shipper agree as follows. Forwarder reserves the right to act as an agent of Shipper, instead of a forwarder, in which event the direct carrier's tariff shall apply to the shipment. These Conditions of Contract mean all of the terms set forth below, all of the terms on the reverse side hereof (the "Airbill"), all of the terms, rate, rules and regulations set forth in Forwarder's tariff (herein called the "Tariff") as such Tariff may be changed form time to time (which Tariff is incorporated herein by this reference) and all other agreements made between Forwarder and Shipper (however none of the terms set forth on this document may be altered or waived by any employee or agent of Forwarder without the express permission of an officer of Forwarder). Shipper will cause the property described in the Airbill (the "Property" to be shipped by the Shipper to the Consignee at the destination. Shipper agrees to pay all freight charges, tariff charges, pick up and delivery charges, excess value insurance fees, COD fees and all other fees and charges charged by the Forwarder in connection with the shipment of the Property. Forwarder shall pay all amounts charged by Forwarder in US funds upon presentation of a bill. If said charges are not paid within 15 days of the presentation of a bill shipper authorizes Forwarder (1) to process a credit card transaction of the full amount of said charges to the credit card identified on the application for credit; (2) to a lien on the property and to retain possession of the Property until the full amount of said charges, together with interest, storage charges, and legal fees incurred as set forth herein below, are paid in full; and (3) to sell the Property through a private or public sale following 30 days notice to shipper, via first class mail, and to apply the proceeds of such sale first to the costs of sale, then to the outstanding balance owed t Forwarder, together with interest, storage and legal fees and costs, and then to pay the balance to Shipper. Shipper is responsible to pack the Property adequately to protect the Property from damage due to the elements and to ensure safe transportation of the Property with ordinary care in handling. Shipper warrants that the description of the Property is accurate and complete. Shipper warrants that any shipments which include hazardous substances, restricted articles, or dangerous goods, are described accurately and able for shipment by Forwarder, only as set forth below in this document to the extent expressly disclosed to and consented to by an authorizing officer of Forwarder, Shipper shall indemnify, hold harmless, and defend Forwarder for all damage, liability, and claims resulting from any breach of the foregoing warranties. FORWARDER IS NOT LIABLE FOR, AND SHIPPER WAIVES ALL CLAIMS AGAINST FORWARDER FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT FOWARDER HAS KNOWLEDGE THAT SUCH DAMAGE MIGHT BE INCURRED. Due to the inherent nature of the transportation of goods, Forwarder does not guarantee delivery to be on a specific date or at a specific time, and Forwarder is not liable for any consequences of failure to make a timely delivery. Forwarder is not liable for, and Shipper waives all claims for, loss or damage due to acts of God, public authorities, strikes, labor disputes, weather, theft, accidents, mechanical failure, aircraft failure, acts or ommissions of any sort, or customs quarantine, or delay, civil commotion, airline schedules, ground transportation schedules or delays or any other cause or event not within the control of, or sort reasonably foreseeable by Forwarder. Shipper may not make a claim against Forwarder relating to the shipment unless written notification detailing the claim is delivered to Forwarder within 60 days after Forwarder accepted the Property for shipment. Shipper may not make a claim against Forwarder for concealed loss or damage unless Shipper notifies Forwarder of the concealed loss or damage within 7 days after delivery (with respect to perishables, the claim must be made verbally to Forwarder within 24 hours, with a written claim make within 48 hours). No claim amount may be deducted or offset from amounts owed to Forwarder. Legal action to enforce a claim against Forwarder must be brought in Washoe, Nevada within one year after the claim has been wholly or partially denied by Forwarder. Forwarder shall pay no claim until all Airbill charges have been paid. Forwarder's liability for damage of loss to the shipment or Property shall not exceed $0.50 per pound of Property or shall exceed $50.00 per shipment as set forth on the Airbill or Bill of Lading unless a Declared Value amount has been stated on the Airbill or Bill of Lading and Shipper pays the applicable excess value charge, in which case Forwarder's liability shall not exceed the declared value. Unless otherwise expressly provided in Forwarder's tariffs, and subject to all conditions and restrictions set forth therein, and unless otherwise expressly approved by an authorized officer of the Forwarder, the following items will not be accepted for shipment, and Forwarder shall have no liability for any delay, loss or damage to: any item or property the transportation of which is restricted or prohibited by law or which requires special permits, restricted articles, dangerous goods, explosive material, artwork, bonds, coins of any kind, currency, furs, fur clothing, gems or stones (cut or uncut), industrial diamonds, gold or silver concentrates, jewelry (other than costume jewelry), money, precious metals, securities (whether or not negotiable), time sensitive written materials such as bids or contract proposals, processed film when the declared value exceeds $500.00, watches and parts thereof, and any other item set forth in Forwarder's tariffs. No agent or employee of Forward shall have the right to accept any such items for shipment or to waiver any limitations to such shipment. Rates and charges for shipment will be based upon the actual weight or the dimensional weight of the Property shipped whichever is greater Dimensional weight of the Property means the cubic feet displaced by the Property shipped as reasonably estimated or calculated by Forwarder in accordance with Forwarder's Tariff, multiplied by the applicable pounds per square foot for the shipment calculated as set forth in Forwarder's Tariff. For international shipment, except for Canada, liability rules under Warsaw convention shall apply (but only if they impose less liability upon Forwarder that otherwise would be imposed under these terms), and Forwarder shall prepare and execute on Shipper's behalf an international air waybill and documents. For such international shipments, Forwarder reserves the right to act as an agent of Shipper, instead of a forwarder, in which event the direct carrier's tariff shall apply to the shipment. Even though the Airbill may provide that the charges are to be collected from or paid by a third party, or are to be collected COD, Shipper remains fully liable for payment of all amounts charged by Forwarder. If for any reason Forwarder fails to or does not collect from any other person designated by Shipper, Shipper shall pay all amounts charged by Forwarder. Forwarder has no obligation to attempt to collect from any other person or entity. Forwarder is not liable for failure of any third party to pay any amounts owed to Shipper. Shipper is directly liable to Forwarder for all amounts charged by forwarder, and Shipper is not merely a guarantor. In addition, if any third party or consignee named on the airbill has agreed to pay all or any amounts owed to Forwarder, they will be jointly and severally liable with Shipper for payment of all amounts charged by Forwarder. To expedite movement of the Property, Forwarder may divert shipment to motor or other carrier in accordance with Forwarder's Tariff, unless Shipper directs otherwise on the face of the Airbill. Regardless of the method of transportation employed, Forwarder's freight charges from origin to destination will apply. The internal laws of the State of Nevada, without regard to conflict of laws and rules shall apply. Shipper consents to jurisdiction in and all actions relating to this agreement shall be brought in, any federal or state court located in Washoe, Nevada. Shipper consents to service of process of any lawsuit by registered or certified mail return receipt required. Shipper shall pay to Forwarder all legal fees and costs and/or costs of collection incurred by Forwarder to collect on any charges outstanding longer than 30 days. In the event of any dispute between the parties, the prevailing party shall be entitled to recover from the losing party, and the losing party shall pay all reasonable attorneys fees, costs and expenses incurred by the prevailing party, including those incurred in settlement negotiations, arbitration, litigation and appeal. Any unpaid amounts owed to Forwarder shall accrue interest, and shipper shall pay interest, calculated at the rate of 21% per annum, but not less than $20.00 per month, provided that Shipper shall not be liable for and shall not pay any interest which violates any applicable usury laws.
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