Terms and Conditions – Blue Logistics

Blue Logistics Terms and Conditions of Contract

By acceptance of services of Blue Logistics or Agents, Customer and any other party with an interest in the goods agree to these Terms and Conditions of Contract.

BLUE LOGISTICS TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT BLUE LOGISTICS’ SOLE DISCRETION WITHOUT NOTICE TO ANY PARTIES.

Definitions Blue Logistics (BL)

Blue Logistics, is hereinafter referred to as BL. BL as referenced hereinafter shall include, but is not limited to, the following services: road delivery, material handling, installation and dismantle, and logistics provided by BL personnel to exhibitor pursuant to any purchase of Services. Agents: BL agents, sub-contractors, and the agents of each; Customer: Exhibitor or other party requesting Services from BL; Goods: Exhibits, property, and commodities of any type for which BL 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, Warehousing, transportation, drayage, and/or related services.

Scope

These Terms and Conditions shall be binding upon Customer, BL, 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

Payment for Services. Customer, Shipper, and Consignee shall be jointly liable for all unpaid charges for services performed by BL or Agents. Customer authorizes BL to charge its credit card directly for services rendered on Customer’s behalf after departure by placing an order on-line, phone, email, text, or through a work order on site.
Credit Terms. All charges are due before Services are performed unless other arrangements have been made in advance. BL 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 all services. BL retains its right to hold Customers’ Goods for non-payment. If a credit card is provided to BL, BL is authorized to bill to such credit card any unpaid charges for services provided to Customer, including charges for return services. Any credit charges not paid within 30 days of delivery will be subject to interest at 2.5% per month until paid.
Proper Description. Customer is obligated to disclose to BL and Agents 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 & Customs. Customer hereby agrees to provide BL and Agents with accurate information in order to allow for all proper disclosures to be made on Customer’s shipment. Customer is responsible for all declarations.

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. BL 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 BL.

No Liability for Loss or Damage to Goods

Condition of Goods: BL shall not be liable for damage, loss, or delay to uncrated goods & freight, goods & freight improperly packed, glass breakage or concealed damage. BL 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 ground.
Receipt of Goods: BL shall not be liable for Goods received without receipts, freight bills, or specified piece count on receipts or freight bills, or for bulk shipments. Such Goods shall be delivered to recipient without the guarantee of piece count or condition. Receipt of Goods: BL shall not be liable for Goods received without receipts, freight bills, or specified piece count on receipts or freight bills, or for bulk shipments.
Force Majeure: BL 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.
Cold Storage. Goods requiring cold storage are stored at Customer’s own risk. BL assumes no liability or responsibility for Cold Storage.
Unattended Goods: BL assumes no liability for loss or damage to unattended Goods received at final destination site at any time from the point of receipt of Goods including the entire term of the respective assignment. Customer is responsible for insuring its own Goods for any and all risk of loss.
Empty Storage: BL 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 for empty container storage, and ensures that any pre-existing empty labels are removed.

Unattended Goods: BL shall not be liable for any loss or damage occurring from unattended goods.

Measure of Damage

Sole Relief: If found liable for any loss, BL’ sole and exclusive maximum liability for loss or damage to Customer’s Goods is limited to $10(USD).
Labor: BL assumes no liability for loss, damage, or bodily injury arising out of Customer’s supervision of BL provided union labor. If BL supervises labor for a fee, BL shall be liable only for actions or claims arising out of its negligent supervision. Such liability shall be limited to the cost to Customer of the supervised labor or the depreciated value of the Goods, whichever is less. If Customer elects to use unsupervised labor, then Customer assumes all liability for the actions or claims that arise out of such work, including but not limited to loss, damage or bodily injury and shall provide BL and show management with an indemnity, including defense costs, for any claims that result from Customers’ supervision or failure to supervise assigned labor.

Miscellaneous

Insurance. BL IS NOT AN INSURANCE COMPANY AND DOES NOT OFFER OR PROVIDE INSURANCE. It is the obligation of Customer to ensure Goods are insured at all times. Loss or theft of the Goods in storage or in transit to and from the location and or while on the transport journey is the sole responsibility of Customer. BL recommends Customer arrange for all Risk Coverage.
Notice of Loss or Damage: In order to have a valid claim, notice of loss or damage to Goods must be given to BL or its agent within 24 hours of occurrence (as evidenced in an Incident Report completed at Show Site by BL) or delivery of outbound Goods.
Filing of Claim: Any claim for loss or damage to Goods must be in writing, containing facts sufficient to identify the Goods, asserting liability for alleged loss or damage, and making claim for the payment of a specified or determinable amount of money. Such claim must be filed with the appropriate party within the time limits specified herein. Damage reports, incident reports, inspection reports, notations of shortage or damage on freight bills or other documents, do not constitute filing of a claim.
Claims for Goods alleged to be lost, stolen or damaged must be received in writing by BL within one (01) day after completion of assignment.
Claims for Goods alleged to be lost or damaged during transit must be received by the responsible party within one (1) day of date of delivery of Goods. BL Logistics subcontracts the movement of Goods to third party carriers. Claims for damage in transit should be made directly with your carrier as shown on the Material Handling form/ Bill of Lading, etc.
In the event of a dispute, Customer will not withhold payment or any amount due BL or Services as an offset against the amount of the alleged loss or damage. Customer agrees to pay BL for all such charges and further agrees that any claim Customer may have against BL shall be pursued independently by Customer as a separate action to be resolved on its own merits. BL retains the right to pursue collection on amounts owed after completion of assignment, without regard to any amount alleged to be owed for damage, or loss.
Filing of Suit: Any action at law regarding loss or damage to Goods must be filed within THREE (3) days of the date of declination of any part of a claim.

Jurisdiction, Choice of Forum

This Agreement shall be governed by and construed, express & implied in accordance with the applicable laws of the Republic Of Singapore.