Terms and Conditions

In tendering the Shipment described herein for transportation, Shipper agrees on behalf of itself, as well as the party from whom the Shipment is received, the party who requested the Shipment to be transported, any party having or claiming an interest in the Shipment, and any party who acts as an agent for any of the above, that the terms of this bill of lading, including these Terms and Conditions, shall constitute the contract of carriage between it and EAX Worldwide, LLC. (Hereinafter “EAX”) and that no agent, contractor or employee of the parties hereto may alter, modify or waive said terms.

1. Current Terms and Conditions Apply. The Terms and Conditions applicable to this Shipment are those set forth in EAX’s Terms and Conditions in effect on the date the Shipment is accepted by EAX. Accordingly, the Terms and Conditions set forth on this bill of lading may or may not be EAX’s current Terms and Conditions and therefore may not be applicable to the Shipment. EAX’s current Terms and Conditions are available upon request to EAX and at its website at www.eaxww.com.
2. Precedence Over Any Other Terms. EAX’s current Terms and Conditions shall supersede, nullify and prevail over the terms and conditions contained in any bill of lading, waybill, shipping document, shipping receipt, or other purported contract of transportation under which any shipper, carrier, exposition contractor, person or entity undertakes to tender freight to EAX for transportation. The signature of any agent, driver or other representative of EAX on any such document shall operate solely as an acknowledgment of receipt of the Shipment executed for the convenience of the entity on whose behalf such Shipment is tendered to EAX and shall not constitute an acceptance by EAX or EAX’s agent, driver or other representative of any terms which vary from EAX’s current Terms and Conditions.
3. Acceptance of Shipment. It is mutually acknowledged and agreed that the Shipment described herein is accepted for transportation on the date hereof in apparent good order, except as noted (contents and conditions of contents of packages unknown), subject to EAX’s current Terms and Conditions and its governing rules, rates, tariffs, and service guides in effect as of the date hereof, which are available upon request to EAX and at its website at www.eaxww.com, as well as any such further rates, terms and conditions as may be set forth in a Shipment Quotation issued by EAX with respect to the Shipment (which is effective only if timely signed by both Shipper and an authorized agent of EAX), all of which are hereby incorporated into and made part of this bill of lading.
4. Shipper Warranties. Shipper warrants and represents to EAX that the information set forth on the face of this bill of lading is complete and accurate and that each package and/or article in this Shipment is properly and completely described on this bill of lading, is properly marked and addressed, except as noted is in good order and condition and adequately packaged to protect the enclosed goods to ensure safe transportation with ordinary care in handling, is properly classified, marked and labeled, is in proper condition for transportation according to the applicable regulations of the U.S. Department of Transportation, the Transportation Security Administration, the International Air Transport Association, and any other governmental agency having jurisdiction, including without limitation all regulations governing the transportation of hazardous materials. Shipper further warrants that the Shipment does not contain any hazardous materials as defined by any of the foregoing entities. Shipper’s violation of any of these warranties shall excuse EAX from any liability whatsoever for damage to any item(s) or article(s) incurred as a result of such violation and shall also cause Shipper to be liable to indemnify EAX for all claims, fines, penalties, damages, expenses, costs or other sums, including reasonable attorneys’ fees, incurred by EAX as a result of such violation.
5. Delivery Receipt. At time of delivery, the consignee must note on the bill of lading / delivery receipt any exceptions to the condition of the Shipment (eg. shortage in the Shipment and/or damage to the contents of packages). Such notations as “subject to recount” and “subject to inspection” are not exceptions. Receipt of a Shipment by the consignee or its representative (i.e. an exposition contractor) without written notice of damage on the bill of lading / delivery receipt shall constitute prima facie evidence that the Shipment was delivered in good condition.
6. No Special Damages. EAX shall not be liable in any event for any special, incidental, or consequential damages, including but not limited to loss of profits, income, interest, utility, or loss of market, whether or not EAX had knowledge that such damages might be incurred.
7. Filing and Processing of Loss and Damage Claims. Claims for loss, damage or delay to Shipments must be filed in writing with EAX at the address shown on the front of this bill of lading within nine (9) months after delivery of the Shipment, except that claims for failure to make delivery must be filed within nine (9) months after a reasonable time for delivery has elapsed. In the case of all claims, EAX must be allowed to inspect the damaged contents, the shipping containers and all packing materials at the delivery location. In addition, written notice must be given to EAX of concealed damage claims (i.e. claims for loss or damage discovered by the consignee after delivery and after a clear delivery receipt has been given) within seven (7) calendar days of the delivery thereof. Claimant shall respond to all requests for information from EAX within 45 calendar days of any such request, unless EAX in writing authorizes a longer period for such response. Failure to comply with the foregoing provisions shall exonerate EAX from any liability for the claim and such claims will not be paid.
8. Additional Rules Governing Loss and Damage Claims. No claims will be entertained until all transportation charges have been paid. Only one claim per Shipment may be filed. Claim amounts may not be deducted from any charges due EAX. Suit for loss or damage to a Shipment must be instituted against EAX no later than two (2) years and one (1) day from the day when written notice is given that all or any part of the claim specified in the notice has been denied. The parties to this bill of lading expressly agree that the only proper venue for any lawsuit arising out of this bill of lading, including a claim for breach of this bill of lading, shall be in a court of law in the County of San Diego, California.
9. Limitation of LiabilityUnless a higher value is declared to EAX at time it accepts the shipment and excess value charges as provided herein are paid, Shipper agrees and declares that EAX’s liability for loss or damage to any Shipment or portion thereof is limited to the lesser of i) $0.50 per pound per piece lost or damaged up to a maximum of $50.00 per shipment or ii) the actual invoice value of the article or articles lost or damaged. In no event shall EAX’s liability exceed $50,000.00 per shipment.
10. Excess Value Charges. Where a higher value is declared, excess value charges will be assessed in $1,000.00 increments as follows: i.) $15.00 per $1,000.00 declared or part thereof, with a minimum of $25.00
11. Unacceptable Articles. EAX does not accept and will not transport shipments containing hazardous materials. In addition, EAX will not accept for transportation any article of extraordinary value as defined herein and will not be liable in any way for loss or damage to any article of extraordinary value other than as provided herein. Articles of extraordinary value shall include items prohibited by law, original works of art, antiques, prototypes of any kind, bonds, coins, currency , furs, fur clothing, gem stones, industrial diamonds, gold or silver coin concentrates, human remains, jewelry (other than costume jewelry), precious metals, negotiable securities, time sensitive written materials, household goods and personal effects, and such other articles as provided in EAX’s governing rules, rates, tariffs, and service guides in effect as of the date hereof. Articles and/or shipments with a declared value in excess of $25,000 will not be accepted for transportation unless, prior to shipment, Shipper secures EAX’s approval of such declared value in a written Shipment Quotation issued by EAX setting forth said declared value, which Shipment Quotation must be signed by Shipper and EAX. Should EAX inadvertently accept for transportation i) any article(s) of extraordinary value as defined herein or ii) article(s) or shipment(s) with a declared value in excess of $25,000.00 as to which no Shipment Quotation as described herein has been validly issued, EAX’s liability for loss or damage thereto shall be limited to the lesser of i) $0.50 per pound per piece lost or damaged up to a maximum of $50.00 per shipment or ii) the actual invoice value of the article or articles lost or damaged. No employee, agent, driver, or representative of EAX, including without limitation any exposition contractor, has any authority to accept such articles for transportation or to waive the limitations contained herein.
12. Liability Exclusions. EAX shall not be liable for damage to i) exterior packaging and outsides of shipping containers, ii) damage and/or loss of articles shipped in unenclosed containers and’or otherwise not adequately packaged and marked to ensure safe transportation with ordinary care in handling, and iii) damage to fluorescent tubes, neon lighting, neon signs, Z-ray tubes, laser tubes, light bulbs, flat panel or plasma display screens, or other inherently fragile items, all of which are accepted for transportation at Shipper’s risk. EAX does not consider shockwatch, tiltmeter, temperature meter or similar device results in evaluating damage claims.
13. EAX Defenses. EAX shall not be liable for loss, damage or delay caused by circumstances or events beyond its control. These include, but are not limited to, acts of God, acts of public authorities, public enemies, labor strikes or disputes, weather, mechanical failures, civil commotion, acts or omissions of customs or quarantine officials, acts or omissions of exposition contractors, inherent vice, hazards incident to a state of war, or acts of terrorism, nor shall EAX be liable for loss, damage or delay caused by the act, default or omission of the Shipper or consignee or for their failure to observe these Terms and Conditions, including without limitation inadequate packaging, improper labeling, inaccurate bill of lading preparation, and failure to observe the rules relating to articles not acceptable for transportation.
14. Inspection of Shipments. All shipments are subject to inspection by EAX. However, EAX is not obligated to perform such inspection. EAX may refuse to accept any shipment.
15. Auxiliary Services. Neither EAX nor its agents or representatives shall be liable for loss, damage or delay to the Shipment arising as a result of auxiliary services. Auxiliary services are those which are performed prior or subsequent to transportation and which may be billed directly by the provider of the auxiliary service or by EAX. Auxiliary services include, but are not limited to, services provided by exposition contractors on behalf of Shipper or consignee and local cartage, drayage, crating, uncrating, packing, unpacking, loading, unloading, storage and warehousing provided on behalf of Shipper or consignee. Providers of auxiliary services shall be deemed contractors of Shipper or consignee and not agents of EAX Such limitation of liability shall extend to the selection by EAX of the providers of auxiliary services. Under no circumstance shall the liability of EAX for loss, damage or delay incurred as a result of any auxiliary services performed or arranged by EAX or its agents or representatives exceed the lesser of i) $0.50 per pound per piece lost or damaged up to a maximum of $50.00 per shipment or ii) the actual invoice value of the article or articles lost or damaged. In addition, Shipper and consignee shall hold EAX and its agents and representatives harmless from all claims, fines, penalties, damages, expenses, costs or other sums, including reasonable attorneys’ fees, incurred by EAX as a result of such auxiliary services.
16. Reasonable Dispatch. Due to the fact that transportation of shipments is subject to availability of equipment and space thereon, EAX does not guarantee pickup, transportation, or delivery by a stipulated date or a stipulated time or in time for any particular market or event or in any manner other than with reasonable dispatch, nor shall EAX be liable for any damages or loss caused by delays in delivery. Shipper authorizes EAX to select the carriers, routing, and means and mode of all transportation to be utilized in transporting the Shipment.
17. International Shipments. In the case of international shipments, the rules established by the Warsaw Convention may apply where shipment moves by air and the rules established by the Carriage of Goods by Sea Act may apply where shipment moves by water. Where applicable, such rules shall supersede and prevail over any contrary rules or provisions contained in this bill of lading, any applicable Shipment Quotation, or in EAX’s governing rules, rates, tariffs, and service guides in effect as of the date hereof. EAX accepts this bill of lading as a shipper’s letter of instruction with authorization to prepare and sign on Shipper’s behalf an international bill of lading. In the case of international air transportation, Shipper agrees that its Shipment may be carried via intermediate stopping places which EAX deems appropriate.
18. Routing. EAX shall have the right to i) substitute alternate carriers or other means of transportation and ii) select the routing or deviate from that shown on the face hereof.
19. Rates and Charges. Rates and charges for this Shipment will be calculated on the basis of actual or dimensional weight, whichever is greater. EAX has a minimum per-shipment charge. EAX shall provide to any shipper, upon such shipper’s request, a written or electronic copy of the rates, classifications, rules, and practices upon which any rate applicable to its shipments or agreed to between the shipper and EAX is based.
20. Extension of Credit. All invoices not paid within thirty (30) calendar days of mailing of invoice will be subject to an additional charge of 1 ½ % per month from the date payment is due until it is received by EAX. If such rate of interest shall be in excess of that permitted to be charged under the law applicable to this transaction, the interest rate to be charged by EAX shall be reduced to the maximum rate that may be legally charged. EAX does not and is not obligated to extend credit to any shipper.
21. Payment of Charges. Shipper and consignee shall be liable jointly and severally for all unpaid charges payable on account of this Shipment, including charges for sums advanced or disbursed by EAX on account of such Shipment or incurred by EAX by reason of the breach of any provision of this bill of lading by Shipper or consignee or their agent(s). EAX may refuse to surrender possession of the Shipment until such charges are paid. Failure to timely pay billed charges may also result in a lien in favor of EAX on future shipments, including the cost of storage and appropriate security for the subsequent shipment. Should EAX bring legal action for collection of any sums due and payable under this bill of lading or pursuant to any lien arising hereunder, EAX shall be entitled to recover its reasonable attorneys’ fees and costs. Overcharge claims must be filed with EAX within 180 days of receipt of bill for freight charges.
22. Waiver. In the event that any service provided hereunder is determined to be subject to the Interstate Commerce Commission Termination Act of 1995 (49 U.S.C. Section 13101 et seq.) and to the extent that any right or remedy provided in these Terms and Conditions conflicts or is otherwise inconsistent with the rights and remedies provided by that Act, EAX and Shipper hereby expressly waive all such rights and remedies, except those governing registration, insurance, and safety fitness.

Shipper’s Security Endorsement. Shipper certifies that this Shipment does not contain any unauthorized explosive or destructive devices or material. Shipper is aware that this Shipment is subject to appropriate aviation security controls and other relevant government regulations. Shipper is aware that this endorsement and original signature, along with other shipping documents, will be retained on file until the Shipment is delivered.