TTS Logistics, Inc. Terms and Conditions
1. In tendering this shipment the shipper agrees to these Conditions of Contract which no agent or employee of the parties may alter in that this Bill of Lading is Non-negotiable. The shipper certifies and represents to TTS Logistics, Inc. dba Tradeshow Transportation Specialists (hereinafter referred to as TTS) that the information inserted on the face of this bill of lading is complete and accurate. It is agreed among the parties involved that the conditions of carriage for this shipment are governed by TTS tariffs, and available for inspection at TTS offices and which are hereby incorporated into this contract. Shipper in this contract means the party who requested the shipment to be transported by TTS, any party having an interest in the shipment and any party who acts as an agent for any of the above.

2. Shipper warrants that each package in this shipment is properly described on the bill of lading, is properly marked and addressed, is packaged adequately to protect the enclosed goods to ensure safe transportation, and except as noted is in good order and condition. A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling.

3. At time of delivery, the consignee must note on the bill of lading any exceptions to the shipment that would indicate a discrepancy (shortage in the shipment or possible damage to the contents of the containers). TTS shall not be liable for damage to containers. The consignee may not inspect the contents of the shipment until the consignee signs for the shipment on the delivery receipt. Such notations as “subject to recount” and “subject to inspections” are not exceptions. Any and all claims for damage or loss must be received within 10 days of delivery.Â

4. TTS 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 TTS had knowledge that such damages might be incurred.

5. The shipper must be self-insured for TTS does not offer declared value or insurance. By tendering this shipment, the shipper is aware of this fact. TTS will provide the shipper with information of select insurance companies specializing in the coverage of trade show material if so needed. TTS’s limit of liability shall in no event exceed the following: $0.50 per pound for each piece of the shipment which may have been lost, damaged, or destroyed (but no less than $50.00 per shipment) or the actual value of such piece, whichever is less. All outstanding freight charges must be paid before any claim is entertained.

6. TTS shall not be liable for loss, damage, or delay caused by the following: acts of God, public authorities acting with actual or apparent authority, strikes, labor disputes, weather, mechanical failures, aircraft failures, civil commotion, acts or omissions of customs, or quarantine officials, the nature of the shipment or any defects thereof, public enemies, hazardous incident to a state of war, acts of terrorism, and by acts, defaults or omissions of the shipper or consignee for failure to observe the terms and conditions of this contact contained in the bill of lading including but not limited to improper packaging, marking, bill of lading information, and the rules relating to shipments not acceptable for transportation. These shipments include but are not limited to, any shipment prohibited by law, original works of art, prototypes of any kind, antiques, bonds, coins of any kind, currency, furs, fur clothing, gems or stones.

7. The shipment is subject to inspection by TTS, however, TTS is not obligated to perform such inspection.

8. Shipper and consignee shall hold TTS and its agents harmless for loss/damage/delay that is a result of auxiliary services. Such services include, but are not limited to, local cartage, crating, uncrating, packing and unpacking which are requested by the shipper or consignee and arranged by TTS or its agents. Such limitation of liability shall extend to the selection by TTS of the providers of the 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 services or by TTS. Providers of auxiliary services are contractors for the shipper or consignee and are not agents for TTS. Local cartage is the movement of unpackaged, uncrated freight.

9. Should TTS successfully defend itself for any legal action brought by any party with an interest in this shipment, TTS shall be entitled to reasonable attorney fees and costs.

10. All legal suits will be held in the state in which TTS is incorporated, i.e. California.

11. Should TTS incur collection costs in attempt to collect the debt, TTS shall be entitled to all collection fees.

12. Due to the inherent nature of the transportation business, TTS does not guarantee pickup, transportation, or delivery by a stipulated date or a stipulated time nor shall TTS be liable for the consequences of failure to do so.

13. TTS shall have the right to substitute alternate carriers or other means of transportation, and select the routing or deviate from that shown on the face hereof.

14. Rates and charges for this shipment will be based on actual or dimensional weight whichever is greater. Overcharge claims must be received in writing by TTS within 30 days after date of acceptance of the shipment by TTS.

15. TTS does not automatically extend open credit to all shippers. TTS has a minimum charge per shipment.

16. The shipper and consignee shall be liable jointly and severally for all unpaid charges payable on account of this shipment pursuant to this contract and to pay or indemnify TTS for claims, fines, penalties, damages, costs (storage, handling, reconsignment, return of freight to shipper, etc) or other sums which may be incurred by TTS by reason of any violation of this contract or any other default of the shipper or consignee or their agents. TTS shall have a lien on any goods shipped for failure to pay for charges payable on account of this shipment pursuant to this contract or collection of any sums due and payable under this contract, TTS shall be entitled to reasonable attorney fees and costs.

17. All invoices not paid within 15 days of invoice will be subject to an additional charge of 1.5% per month.

18. “All terms and conditions agreed upon or offered are based upon accurate representations by the client as to weight and time allowed for delivery. Client and TTS agree that time is of the essence in this matter. In the event that the weight in fact is different than the weight represented, client understands and agrees in advance that the amount of payment will change as appropriate to reflect the additional cost of shipping and delivery for the weight in fact of the items. Furthermore, client understands and agrees in advance that where the weight as represented by client is in error, the terms and conditions of payment shall be changed to where NEW AND INCREASED PAYMENT IN FULL SHALL BE MADE PRIOR TO DELIVERY OF ITEMS SHIPPED. This shall supersede any previous agreements. Furthermore, in the event that the time allowed for delivery and/or manner of shipment changes in fact to meet any deadlines for delivery and where said deadlines are created by actions or terms of the client, then client understands and agrees in advance that the amount of payment will change as appropriate to reflect the change in manner and priority for shipment and delivery. Furthermore, client understands and agrees in advance that where the time allowed for delivery and/or manner of shipment changes in fact, the terms and conditions of payment shall be changed to where THE NEW AND INCREASED PAYMENT IN FULL SHALL BE MADE PRIOR TO DELIVERY OF ITEMS SHIPPED. This shall supersede any previous agreements.”