All work is undertaken by the Company at Owner’s Risk and the Company will not be liable for any direct, indirect or consequential loss whatsoever or howsoever arising whether caused by the negligence or breach of statutory duty of the Company, its servants, agents, sub-contractors or otherwise.
The Company will not take out any insurance on work undertaken by the Company unless the customers specifically requests and all insurance effected by the Company will be subject to the terms of the policy. In the event of any claim under such insurance, the Company will be under no liability in relation thereto, but will assist the Owner at his expenses in making a claim under the policy. The premiums payable for such insurance shall be charged to the customer.
In any event the liability of the Company for any claim, which the Merchants have or may have against the Company whether for loss of, damage to, short delivery, mis-delivery, non-delivery, delay in delivery of the goods or otherwise, shall be limited to HK$500.00 per measurement ton of one cubic metre or per weight ton of one metric ton whichever is the less of such part of the goods lost, damaged, short-delivered, mis-delivered, non-delivered or delayed in delivery or of such part of the goods to which the claim relates, whichever is the less.
The company or its sub-contractors shall not be liable for damage, loss or delay to uncrated freight, freight improperly packed, glass breakage or concealed damage.
Relative to inbound shipment(s), there may be a lapse of time between the delivery of shipment(s) to the booth by the Company or its sub-contractors and the arrival of the Exhibitor’s representative at the booth. Similarly, relative to out-going shipment(s), it is possible that there will be a lapse of time between the completion of packing and the actual pick up of freight from the booth for loading onto a carrier. It is understood that during such times the shipment(s) will be left in the booth unattended. Therefore, it is agreed that the Company and its sub-contractors are not liable for the loss of disappearance of, or damage to Exhibitor’s freight after the same has been delivered to Exhibitor’s booth, nor are the Company and its sub-contractors liable for Exhibitor’s freight before it is picked up from the Exhibitor’s booth for loading after the show. Consequently, all bills of lading covering outgoing shipment(s) submitted to the Company or its sub-contractors by Exhibitor will be checked at the time of pick up from the booth and corrected where discrepancies exist.
The Company and its sub-contractors shall not be liable for any damage incurred during the handling of equipment requiring special devices to properly load, place , or reload unless 10 days advance notice has been given to JES Logistics in time to obtain the proper equipment.
Customers entering into any transactions of any kind with the Company expressly warrant that they are either the Owners or the authorized agents of the Owners of the goods or property being the subject matter of the transaction and are authorized to accept and do accept these conditions for themselves and all other interested parties.
The Company reserves the right to sub-contract without notice all or any part of the contract.
The Company is not a Common Carrier. All goods entrusted to the Company is carried subject to the Conditions of any other Carrier concerned in the transit, provided the Company’s liability shall be limited but shall not be extended thereby. All rates quoted are based on current Freight and Carriage rates which are subject to change without notice. In the event of such rates, or any fees, dues, premiums or charges being increased, the Company shall be entitled to collect the increased amounts from the Owner or his Agent.
The Owner shall indemnify the Company against any loss, damage, injury or expense arising from the nature or conditions of the goods or the packing of the goods.
All quotations given by the Company are subject to these conditions and are subject to revision for rise or fall in costs. Unless otherwise agreed, quotations are withdrawn unless accepted within seven days.
The Company contracts on the foregoing Conditions for itself and as agent for all and each of its servants agents and sub-contractors who shall be entitled to the benefit of these Conditions.
If the Company agrees to act as Sub-Contractor, the work will be performed subject to these Conditions and the Contractor will indemnify the Company against all claims by whosoever made arising out of the work.
Goods coming into the possession of the Company will be revised and held by it subject to:
a lien for monies due to it for the transportation of any other proper charges and expenses upon or in connection with the goods, and
a general lien for any monies due to it from the Owners of the goods for work performed under any Contract whatsoever.
Any disputes arising under or in connection with this Contract shall be determined according to the Laws of Hong Kong by the Hong Kong Courts to the exclusion of the jurisdiction of the Courts in any other country.