Common use of CLAIM(S) FOR LOSS Clause in Contracts

CLAIM(S) FOR LOSS. EXHIBITOR agrees that any and all claims for loss or damage must be submitted to T3 immediately at the show site and in any case not later than thirty (30) business days after the conclusion of the show or exposition (for purposes of claim reporting, the ‘conclusion’ of the show shall be construed as the time when EXHIBITOR’S materials are delivered to the carrier for transportation from the show site or from T3’s warehouse). All claims reported after thirty (30) business days will be rejected. In no event shall a suit or action be brought against T3 more than one year after the date of loss or damage occurred. a. PAYMENT FOR SERVICES MAY NOT BE WITHHELD. In the event of any dispute between the EXHIBITOR and T3 relative to any loss, damage, or claim, such EXHIBITOR shall not be entitled to and shall not withhold payment, or any partial payment, due to T3 for its services, as an offset against the amount of any alleged loss or damage. Any claims against T3 shall be considered a separate transaction, and shall be resolved on its own merits. b. MAXIMUM RECOVERY. THE DECLARED VALUE DOES NOT APPLY TO THE SERVICES PROVIDED BY T3 if found liable for any loss. T3’s sole and exclusive MAXIMUM liability for loss or damage to EXHIBITOR’S materials and EXHIBITOR’S sole and exclusive remedy is limited to repair or replacement with like kind and quality, subject to a dollar amount limited equal to the amount paid by EXHIBITOR to T3 for material handling services during the show or exposition under this contract.

CLAIM(S) FOR LOSS. EXHIBITOR agrees that any and all claims for loss or damage must be submitted to T3 immediately at the show site and in any case not later than thirty (30) business days after the conclusion of the show or exposition exposition. (for For purposes of claim reporting, the ‘conclusion’ of the show shall be construed as the time when EXHIBITOR’S materials are delivered to the carrier for transportation from the show site or from T3’s warehouse). .) All claims reported after thirty (30) business days will be rejected. In no event shall a suit or action be brought against T3 more than one year after the date of loss or damage occurred. a. A. PAYMENT FOR SERVICES MAY NOT BE WITHHELD. In the event of any dispute between the EXHIBITOR and T3 relative to any loss, damage, or claim, such EXHIBITOR shall not be entitled to and shall not withhold payment, or any partial payment, due to T3 for its services, as an offset against the amount of any alleged loss or damage. Any claims against T3 shall be considered a separate transaction, and shall be resolved on its own merits. b. B. MAXIMUM RECOVERY. THE DECLARED VALUE DOES NOT APPLY TO THE SERVICES PROVIDED BY T3 if found liable for any loss. T3’s sole and exclusive MAXIMUM liability for loss or damage to EXHIBITOR’S materials and EXHIBITOR’S sole and exclusive remedy is limited to repair or replacement with like kind and quality, subject to a dollar amount limited equal to the amount paid by EXHIBITOR to T3 for material handling Material Handling services during the show or exposition under this contract. C. BREACH OF CONTRACT AND/OR NEGLIGENCE. T3’s liability shall be limited to any loss or damage which results solely from T3’s NEGLIGENCE in the actual physical handling of the items comprising EXHIBITOR’S shipment(s) OR which results from BREACH OF THIS CONTRACT and not for any other type of loss or damage. In no event shall T3 be liable to the EXHIBITOR or to any other party for special, collateral, exemplary, indirect, incidental, or consequential damages, whether such damages occur either prior to, subsequent to, or are alleged as a result of tortuous conduct, failure of the equipment or services of T3 or breach of any of the provisions of this agreement regardless of the form of action, whether in contract or in tort, including strict liability and negligence, even if T3 has been advised or has notice of the possibility of such damages or for any damages caused by EXHIBITOR’S failure to perform EXHIBITOR’s responsibilities. Such excluded damages include but are not limited to: loss of profits, loss of use or interruption of business, or other consequential or indirect economic loss(s).

CLAIM(S) FOR LOSS. EXHIBITOR agrees that any and all claims for loss or damage must be submitted to T3 immediately at the show site and in any case not later than thirty (30) business days after the conclusion of the show or exposition exposition. (for For purposes of claim reporting, the ‘conclusion’ of the show shall be construed as the time when EXHIBITOR’S materials materi- als are delivered to the carrier for transportation from the show site or from T3’s warehouse). .) All claims reported after thirty (30) business days will be rejected. In no event shall a suit or action be brought against T3 more than one year after the date of loss or damage occurred. a. A. PAYMENT FOR SERVICES MAY NOT BE WITHHELD. In the event of any dispute between the EXHIBITOR and T3 relative to any loss, damage, or claim, such EXHIBITOR shall not be entitled to and shall not withhold payment, or any partial payment, due to T3 for its services, as an offset against the amount of any alleged loss or damage. Any claims against T3 shall be considered a separate transactiontransac- tion, and shall be resolved on its own merits. b. B. MAXIMUM RECOVERY. THE DECLARED VALUE DOES NOT APPLY TO THE SERVICES PROVIDED BY T3 if found liable for any loss. T3’s sole and exclusive MAXIMUM liability for loss or damage to EXHIBITOR’S materials and EXHIBITOR’S sole and exclusive remedy is limited to repair re- pair or replacement with like kind and quality, subject to a dollar amount limited equal to the amount paid by EXHIBITOR EXHIB- ITOR to T3 for material handling Material Handling services during the show or exposition under this contract. C. BREACH OF CONTRACT AND/OR NEGLIGENCE. T3’s liability shall be limited to any loss or damage which results solely from T3’s NEGLIGENCE in the actual physi- cal handling of the items comprising EXHIBITOR’S ship- ment(s) OR which results from BREACH OF THIS CON- TRACT and not for any other type of loss or damage. In no event shall T3 be liable to the EXHIBITOR or to any other party for special, collateral, exemplary, indirect, incidental, or consequential damages, whether such damages occur either prior to, subsequent to, or are alleged as a result of tortuous conduct, failure of the equipment or services of T3 or breach of any of the provisions of this agreement regardless of the form of action, whether in contract or in tort, including strict liability and negligence, even if T3 has been advised or has notice of the possibility of such dam- ages or for any damages caused by EXHIBITOR’S failure to perform EXHIBITOR’s responsibilities. Such excluded damages include but are not limited to: loss of profits, loss of use or interruption of business, or other consequential or indirect economic loss(s). Send Email Order: xxxxxx@x0xxxx.xxx | T3 Expo Fax Line: 0-000-000-0000 | Help Email: xxxx@x0xxxx.xxx | Phone: 000-000-0000 x000 40 TERMS & CONDITIONS (continued)