PLI LOGISTICS TERMS AND CONDITIONS OF OPERATION
By acceptance of services of PLI or its Agents, Customer and any other party with an interest in the goods agree to these Terms and Conditions of Operation. PLI Terms and Conditions are Subject to Change at PLI’ Sole Discretion Without Notice to Any Parties.
PLI: Paramount Logistics, Inc. is hereinafter referred to as PLI. PLI, as referenced hereinafter, shall include, but is not limited to the following services: logistics provided by PLI personnel to exhibitor pursuant to any purchase of Services.
Agents: PLI’ agents, sub-contractors, carriers, and the agents of each;
Customer: Exhibitor or other party requesting Services from PLI;
Goods: Exhibits, property, and commodities of any type for which PLI is requested to perform services;
Carrier: Motor carrier, van line, air carrier, or air or surface freight forwarder;
Shipper: Party who tenders Goods to Carrier for transportation;
Cold Storage: Holding of Goods in a climate-controlled area;
Consignee: Party to whom goods are shipped;
Services: Warehousing, transportation, drayage, and/or related services.
These Terms and Conditions shall be binding upon Customer, PLI, and their respective agents, representatives, Shipper, and Consignee, including but not limited to Customer contracted labor such as Customer Appointed Contractors and Installation and Dismantle Companies and any other party with an interest in the Goods. Each shall have the benefit of and be bound by all provisions stated herein, including but not limited to time limits and limitations of liability.
III. SHIPPER’S OBLIGATIONS AND ACKNOWLEDGEMENTS
a. The PLI Invoice/Receipt is non-negotiable and the Shipper acknowledges that it has been prepared by the Shipper or PLI on behalf of the Shipper. The Shipper warrants that it is the owner of the goods transported hereunder, or it is the authorized agent of the owner of the goods, and that it hereby accepts PLI’s terms and conditions for itself and as agent for and on behalf of any other person having an interest in the shipment.
b. The Shippers warrants that each article in the shipment is properly described on this invoice and has not been declared by PLI to be unacceptable for transport and that the shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling. Shipper also warrants that it will not ship prohibited items or regulated items without a proper permit.
The Shipper hereby acknowledges that PLI may abandon and/or release any item consigned by the Shipper to the PLI which the latter has declared to be unacceptable or which the Shipper has undervalued for Customs’ purposes or misdescribed hereon, whether intentionally or otherwise, without incurring any liability whatsoever to the Shipper and the Shipper will save and defend, indemnity and hold PLI harmless from all claims, damages, lines, and expenses arising therefrom.
The Shipper shall be liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to the Shipper or warehousing the shipment pending disposition.
In the case of LCL or parcels, the shipper further warrants that the addressee can be found and identified by agents of PLI at the point of destination without extreme difficulty.
If PLI is unable, after exercising due diligence to locate and identify the addressee of the cargo at the address indicated in the cargo box and shipping document, PLI shall notify the shipper of its inability to find the address. PLI shall also notify the Shipper of the location of the warehouse where the cargo is deposited. It shall then be the obligation of the Shipper to notify his/her addressee to claim the cargo at the Company’s designated warehouse. If the addressee does not claim the cargo at Company’s designated warehouse within six months from the attempted delivery at the address indicated in the cargo box, Company shall have the right to dispose of the cargo in any manner it deems reasonable to cover its costs.
IV. CUSTOMER OBLIGATIONS:
a. Payment for Services. Customer, Shipper, and Consignee shall be jointly liable for all unpaid charges for services performed by PLI or agents. Customer authorizes PLI to charge its credit card directly for services rendered on the Customer’s behalf after departure by placing an order online, via fax, phone, or through a work order on site.
b. Credit Terms. All charges are due before Services are performed unless other arrangements have been made in advance. PLI has the right to require prepayment or guarantee of the charges at the time of request for Services. A failure to pay timely will result in the Customer having to pay in cash in advance for future services. PLI retains its right to hold Customers’ Goods for non-payment. If a credit card is provided to PLI, PLI has authorized to bill to such credit card any unpaid charges for services provided to the Customer, including charges for return shipping. Any charges not paid within 30 days of delivery will be subject to interest at 1 1/2% per month until paid.
c. Proper Description. Customer is obligated to disclose to PLI and Carrier if Customer’s packages contain items that are considered Hazardous Materials or Dangerous Goods. A customer has the obligation to ensure that each package is properly and completely described, is properly marked and addressed, and is packaged adequately to protect the contents during transportation. The customer must provide all documentation as required by the Bureau of Customs and hereby agrees to provide PLI and Carrier with accurate information in order to allow for all proper disclosures to be made on the Customer’s shipment. The customer is responsible for all placarding.
V. RIGHT OF INSPECTION OF SHIPMENT
PLI has the right, but not the obligation, to inspect any shipment including, without limitation, opening the shipment.
VI. LIEN ON GOODS SHIPPED
Any expenses incurred by PLI on behalf of Shippers including, but not limited to, taxes, interests, penalties, fines surcharges, duties, etc., arising from non-declaration or misdeclaration shall be reimbursed or refunded by Shipper upon submission by PLI of proper proof or evidence for such expenses. In such an event, PLI is entitled to hold, retain or impound the shipment as surety for payment until said refund or reimbursement is fully satisfied.
PLI shall have a lien on any goods shipped for all freight charges, customs duties, advances, or other charges of any kind arising out of the transportation hereunder and may refuse to surrender possession of the goods until such charges are paid. PLI has the right to hold shipper’s cargo until shipper shall have fully paid his/her obligation herein. If full payment has not been received within six months from the date of this contract, PLI has the right to dispose of the shipper’s cargo in any manner it deems reasonable to cover Shipper’s liabilities under this contract.
VII. LIABILITY FOR LOSS OR DAMAGE TO GOODS
a. Condition of Goods: PLI shall not be liable for damage, loss, or delay to uncrated freight, freight improperly packed, glass breakage, or concealed damage. PLI shall not be liable for ordinary wear and tear in handling of Goods or for damage to shrink wrapped Goods. All Goods shall be able to withstand handling by heavy equipment, including but not limited to forklifts, cranes, or dollies. It is the Customer’s responsibility to ensure that Goods are packaged correctly prior to shipment or movement on or off the Show floor.
b. Receipt of Goods: PLI shall not be liable for Goods received without receipts, freight bills, or specified piece count on receipts or freight bills, or for bulk shipments (i.e., UPS, air freight, or van lines). Such Goods shall be delivered to the booth without the guarantee of piece count or condition.
c. Force Majeure: PLI shall not be liable for loss or damage that results from Acts of God, weather conditions, act or default of Customer, shipper, or the owner of the Goods, inherent nature of the Goods, public enemy, public
authority, labor disputes, and acts of terrorism or war.
d. Limitation of Liability: The liability of PLI for any loss or damage to the shipment (which term shall include all goods and effects consigned to the PLI under this Invoice) is limited to the lesser amount between as declared in the
invoice or USD200 per box. As to containerized shipments, shipments are guaranteed shipments, and PLI will compensate the value of the cargo as declared by the shipper.
VIII. LIABILITIES NOT ASSUMED
While PLI will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules, PLI WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR DELAY IN PICKUP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT, REGARDLESS OF THE CAUSE OF SUCH DELAY.
Further, PLI shall not be liable for any loss, damage, miss-delivery, or nondelivery due to acts of God, force majeure occurrence, or any cause reasonably beyond the control of PLI.
Any claim must be brought by the Shipper and delivered in writing to the office PLI at which the shipment was accepted within 30 days of the date of delivery to the destination. No claim may be made against PLI outside of that time limit.
No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim may not be deducted from any transportation charges owed to PLI When claims are paid, PLI will not reimburse the basic cost of shipment, pick-up, and delivery.