THE USE OF
NINAADAINTERNATIONAL.COM’S SERVICES AND/OR THE ADVANCEMENT OF CREDIT,
APPLICANT(S) INDIVIDUALLY, JOINTLY AND SEVERALLY ("Customer") AGREES TO THE TERMS AND CONDITIONS SET FORTH BELOW.
THESE TERMS AND CONDITIONS ARE EXPRESSLY INCORPORATED INTO ANY CREDIT AGREEMENT SIGNED BY CUSTOMER,
ANY BILL OF LADING EXECUTED BY
NINAADAINTERNATIONAL.COM, CUSTOMER, OR CARRIER, AND ALL OTHER TRANSACTIONS
BETWEEN CUSTOMER AND
NINAADAINTERNATIONAL.COM.
The Customer agrees to these TERMS AND CONDITIONS, which no agent or employee of the parties may change,
alter or in any way transform. These TERMS AND CONDITIONS shall apply to all shipments by Customer.
NINAADAINTERNATIONAL.COM reserves the right to alter or amend these TERMS AND CONDITIONS.
If not stated within the carrier's General Rules Tariff, the following TERMS AND CONDITIONS shall control.
In the case of conflict between the TERMS AND CONDITIONS contained herein and those set forth by the individual
selected carrier's General Rules Tariff, the selected carrier's General Rules Tariff shall control;
however, under no circumstance shall the scope of
NINAADAINTERNATIONAL.COM’S liability be greater than specified in these
TERMS AND CONDITIONS. All Terms, including, but not limited to, all the limitations of liability,
shall apply to the selected carrier and their agents and contracted carriers.
SCOPE:
These Terms and Conditions shall be binding upon Customer, NINAADA, 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.
CUSTOMER OBLIGATIONS:
a. Payment for Services:
Customer, Shipper, and Consignee shall be jointly liable for all unpaid charges for services performed by
NINAADA or Agents. Customer authorizes NINAADA to charge its credit card directly for services rendered on
Customer’s behalf after departure by placing an order on-line, 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.
NINAADA 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 Customer having to pay in cash in advance for future services.
NINAADA retains its right to hold Customers’ Goods for non-payment. If a credit card is provided to NINAADA,
NINAADA is authorized to bill to such credit card any unpaid charges for services provided to 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 NINAADA and Carrier if Customer’s packages contain
items that are considered Hazardous Materials or Dangerous Goods. 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. Customer must provide all documentation for HAZMAT shipping as
required by the Department of Transportation. Customer hereby agrees to provide NINAADA and Carrier with
accurate information in order to allow for all proper disclosures to be made on Customer’s shipment.
Customer is responsible for all placarding.
DISCLAIMER AND LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES WILL ANY PARTY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME. NINAADA SHALL BE LIABLE, SUBJECT TO THE LIMITATIONS CONTAINED
HEREIN, FOR LOSS OR DAMAGE TO GOODS ONLY IF SUCH LOSS OR DAMAGE IS CAUSED BY THE DIRECT NEGLIGENCE OR WILLFUL
MISCONDUCT OF NINAADA. CLAIMS PRESENTED FOR LOSS OR DAMAGE ARISING OUT OF INCIDENTS REFERENCED IN SECTION VI
HEREIN WILL BE DENIED.
No Liability for Loss or Damage to Goods:
a. Condition of Goods:
NINAADA shall not be liable for damage, loss, or delay to uncrated freight, freight improperly packed,
glass breakage or concealed damage. NINAADA 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:
NINAADA 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 booth without the guarantee of piece count or condition.
c. Force Majeure:
NINAADA 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. Cold Storage:
Goods requiring cold storage are stored at Customer’s own risk. NINAADA assumes no liability or responsibility
for Cold Storage.
e. Unattended Goods:
NINAADA assumes no liability for loss or damage to unattended Goods received at Show Site at any time from the
point of receipt of inbound Goods until the loading of the outbound Goods, including the entire term of the
respective show or exhibition. Customer is responsible for insuring its own Goods for any and all risk of loss.
f. Empty Storage:
NINAADA assumes no liability for loss or damage to Goods or crates, or the contents therein, while containers
are in Empty Storage. It is Customer’s sole responsibility to affix the appropriate labels available at the
NINAADA Service Desk for empty container storage, and ensures that any pre-existing empty labels are removed.
g. Forced Freight:
NINAADA is not liable for Customer Goods left on the show floor after the show closing deadline,
with or without a Material Handling Services/Straight Bill of Lading signed by Customer.
It is Customer’s responsibility to complete accurate paperwork for shipping and to ensure Customer Goods are
properly labeled. If Customer Goods remain on the floor after the show closing deadline, NINAADA has the right
to remove the Customer Goods. NINAADA is authorized by Customer to proceed in the manner chosen by Customer on
the Order of Material Handling Services/Straight Bill of Lading, if one has been completed, or otherwise,
to ship Customer Goods at the discretion of NINAADA and at Customer’s expense.
NINAADA shall incur no liability for such shipment. NINAADA retains the right to dispose of Customer Goods
without liability if left on the show floor unattended, without labels or not correctly labeled.
h. Concealed Damage:
NINAADA shall not be liable for concealed loss or damage including but not limited to; glass, electronic
equipment, prototypes, original art, uncrated Goods, or improperly packaged or labeled Goods.
i. Unattended Booth:
NINAADA shall not be liable for any loss or damage occurring while the Goods are unattended in Customer’s
booth at any time, including, but not limited to, the time the Goods are delivered to the dock until the
time the Goods are received by Customer’s chosen carrier. All Material Handling Forms and/or Straight
Bills of Lading covering outgoing Goods submitted to NINAADA will be checked at the time of pickup from the
booth and corrections to the count or condition will be documented where discrepancies exist.
Hazardous Materials:
Customer and NINAADA shall comply with all applicable laws and regulations relating to the transportation of
hazardous materials to the extent that any shipments constitute hazardous materials.
Customer is obligated to inform NINAADA immediately if any such shipments do constitute hazardous materials.
Customer shall defend, indemnify and hold NINAADA harmless from any penalties or liability of any kind, including
reasonable attorney fees, arising out of Customer’s failure to comply with applicable hazardous materials laws
and regulations.
Waiver:
Failure of either party to insist upon performance of any of these terms and conditions, or to exercise any right
or privilege herein, or the waiver of any breach of any of these terms and conditions, shall not be construed as
thereafter waiving any such terms, conditions, provisions, rights or privileges, but the same shall continue and
remain in full force and effect as if no forbearance or waiver had occurred.
Warranties:
The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations
including but not limited to customs laws, import and export laws and governmental regulation of any country to,
from, through or over which the shipment may be carried. The Customer agrees to furnish such information and
complete and attach to the Bill of Lading such documents as are necessary to comply with such laws, rules and
regulations. NINAADA assumes no liability to the Customer or to any other person for any loss or expense due to
the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the
Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and
the right to legally bind Customer.
Changes to Terms & Conditions:
Customer agrees to be bound by all of the terms, conditions contained in any credit application.
NINAADA may modify these terms and conditions from time to time, upon mailing notice of such change to Customer at
the address shown on NINAADA records or by posting the most up to date terms and conditions
on www.ninaadainternational.com. Such changes shall be effective for all transactions between NINAADA and
customer after the date of the notice/posting.
