Welcome to Excel Decorators Indianapolis

TERMS AND CONDITIONS OF CONTRACT By acceptance of services of Excel Decorators, Inc. or its Agents, Customer and any other party with an interest in the Goods agree to these Terms and Conditions of Contract I. Definitions: Excel Decorators, Inc., is hereinafter referred to as Excel and their employees; Agents: Excels' agents, sub-contractors, carriers, and the agents of each; Customer: Exhibitor or other party requesting Services from Excel; Goods: Exhibits, property, and commodities of any type for which Excel 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; Accessible Storage: Holding of Goods in an area from which Goods may be removed during shows; Services: Warehousing, drayage, un-supervised labor, supervised labor and/or related services; Show Site: The venue or place where an exposition or event takes place; Supervised Labor: Labor that is provided to a Customer to install or dismantle a booth or exhibit space, and is supervised and/or directed by Excel; Un-Supervised Labor: Labor that is provided to a Customer to install or dismantle a booth or exhibit space and pursuant to Customer's election is not supervised and/or directed by Excel. Customer assumes the responsibility and any liability arising therefrom, for the work of labor when Customer elects to use un-supervised labor. II. Scope: These Terms and Conditions shall be binding upon Customer, Excel, and their respective Agents and representatives, 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. III. Customer Obligations: Payment Terms-Full payment, including any applicable tax, is due in advance or at show site. All payments must be in U.S. funds and all checks must be drawn on a U.S. bank. Orders received without advance payment or after the deadline date will incur additional After Deadline charges. All materials and equipment are on a rental basis for the duration of the show or event and remain the property of Excel except where specifically identified as a sale. All rentals include delivery, installation, and removal from Exhibitor’s booth. In case of cancellation of any orders or services by Exhibitor, a one hour per person, per hour charge will be applied for all labor orders that are not canceled in writing at least 24 hours prior to the scheduled start time. If Furniture & Floor Covering, Custom-Cut Carpet, Preset Booth Exhibits and any other custom-order items or services have already been provided at the time of cancellation, fees will remain at 100% of the original charge. If the Show or Event is canceled because of reasons beyond Excel’s control, Exhibitor remains responsible for all charges for services and equipment provided up to and including the date of cancellation. Excel will not issue refunds to Exhibitor of any payments made before the date of cancellation. It is Exhibitor’s responsibility to advise the Excel Service Center Representative of problems with any orders, and to check the Exhibitor’s invoice for accuracy prior to the close of the Show or Event. If Exhibitor is exempt from payment of sales tax, Excel requires an exemption certificate for the State in which the services are to be used. Resale certificates are not valid unless Exhibitor is rebilling these charges to its customers. For International Exhibitor’s, Excel requires 100% prepayment of advance orders, and any order or services placed at show site must be paid at the show. For all others, should there be any pre-approved unpaid balance after the close of the show; terms will be net, due and payable upon receipt of invoice. Effective 30 days after invoice date, any unpaid balance will bear a FINANCE CHARGE at the lesser of the maximum rate allowed by applicable law, or 1.5% per month, which is an ANNUAL PERCENTAGE RATE of 18%, and future orders will be on a prepaid basis only. If any finance charge hereunder exceeds the maximum rate allowed by applicable law, the finance charge shall automatically be reduced to the maximum rate allowed, and any excess finance charge received by Excel shall be either applied to reduce the principal unpaid balance or refunded to the payer. If past due invoices or invoice balances are placed with a collection agency or attorney for collection or suit, Exhibitor agrees to pay all legal and collection costs. THESE PAYMENT TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF INDIANA. In the event of any dispute between the Exhibitor and Excel 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 Excel for its services, as an offset against the amount of any alleged loss or damage. Any claims against Excel shall be considered a separate transaction, and shall be resolved on its own merits. Excel reserves the right to charge Exhibitor for the difference between the Exhibitor’s estimate of charges and the actual charges incurred by Exhibitor, or for any charges that Excel may be obligated to pay on behalf of Exhibitor, including without limitation, any shipping charges. If Exhibitor provides a credit card for payment and charges are rejected by the Exhibitor’s credit card company for any reason, Excel hereby provides notice that it reserves the right, and Exhibitor authorizes Excel, to continue to attempt to secure payment through that credit card for as long as unpaid balances remain on the Exhibitor’s account. Your Account- If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Excel does not sell goods or services to children. If you are under 18, you may not use the Site. Excel and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. IV. Mutual Obligation Indemnification: a. Customer to Excel: Customer shall defend, hold harmless and indemnify Excel from and against any claims, lawsuits, demands, liability, costs and expenses, including reasonable attorney’s fees and court costs, resulting from any injury to or death of persons, or damage to property other than Goods, relating to or arising from performance of Services herein. Customer agrees to indemnify and hold Excel harmless for any and all acts of its representatives and agents, including but not limited to Customer Appointed Contractors and Installation and Dismantle Companies, any subtenant or other user of its space or any agents or employees engaged in business on behalf of Customer or present at Customer’s invitation, including supervision of labor secured through Excel. Customer’s obligations under this provision shall not apply to Excels’ own negligence and/or willful misconduct. CUSTOMER ACKNOWLEDGES THAT THE SHOW SITE IS AN ACTIVE WORK ZONE AND CUSTOMER, ITS AGENTS, EMPLOYEES AND REPRESENTATIVES ARE PRESENT AT THEIR OWN RISK. b. Excel to Customer: To the extent of Excels’ own negligence and/or willful misconduct, and subject to the limitations of liability below, Excel shall defend, hold harmless and indemnify Customer from and against any claims, lawsuits, demands, liability, costs and expenses, including reasonable attorney’s fees and court costs, resulting from any injury to or death of persons, or damage to property other than Goods. Excels’ obligations under this provision shall not apply to claims for bodily injury arising a) from Customer’s presence in areas which have been marked as “off limits to exhibitors”; and b) when exhibitors are present in the facility prior or subsequent to the effective dates or hours of Exhibitor’s space lease with show management. V. 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. EXCEL 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 EXCEL. CLAIMS PRESENTED FOR LOSS OR DAMAGE ARISING OUT OF INCIDENTS REFERENCED IN SECTION VI HEREIN WILL BE DENIED. VI. No Liability for Loss or Damage to Goods: a. Condition of Goods: Excel shall not be liable for damage, loss, or delay to uncrated freight, freight improperly packed, glass breakage or concealed damage. Excel 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 Show floor. b. Receipt of Goods: Excel shall not be liable for Goods received without receipts, freight bills, or specified piece count on receipts or freight bills, or for bulk shipments (i.e., UPS, air freight, or van lines). Such Goods shall be delivered to booth without the guarantee of piece count or condition. c. Force Majeure: Excel 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. d. Cold Storage: Goods requiring cold storage are stored at Customer’s own risk. Excel assumes no liability or responsibility for Cold Storage. e. Accessible Storage: Excel assumes no liability for loss or damage to Goods while in Accessible Storage. Storage charges are for the use of space and are not a form of insurance, or a guarantee of security. f. Unattended Goods: Excel assumes no liability for loss or damage to unattended Goods received at Show Site at any time from the point of receipt of inbound Goods until the loading of the outbound Goods, including the entire term of the respective show or exhibition. Customer is responsible for insuring its own Goods for any and all risk of loss. g. Empty Storage: Excel 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 available at the Excel Service Desk for empty container storage, and ensures that any pre-existing empty labels are removed. h. Forced Freight: Excel is not liable for Customer Goods left on the show floor after the show closing deadline, with or without a Material Handling Services/Straight Bill of Lading signed by Customer. It is Customer’s responsibility to complete accurate paperwork for shipping and to ensure Customer Goods are properly labeled. If Customer Goods remain on the floor after the show closing deadline, Excel has the right to remove the Customer Goods. Excel is authorized by Customer to proceed in the manner chosen by Customer on the Order of Material Handling Services/Straight Bill of Lading, if one has been completed, or otherwise to ship Customer Goods at the discretion of Excel and at Customer’s expense. Excel shall incur no liability for such shipment. Excel retains the right to dispose of Customer Goods without liability if left on the show floor unattended, without labels or not correctly labeled. i. Concealed Damage: Excel shall not be liable for concealed loss or damage including but not limited to; glass, electronic equipment, prototypes, original art, uncrated Goods, or improperly packaged or labeled Goods. j. Unattended Booth: Excel shall not be liable for any loss or damage occurring while the Goods are unattended in Customer’s booth at any time, including, but not limited to, the time the Goods are delivered to the dock until the time the Goods are received by Customer’s chosen carrier. All Material Handling Forms and/or Straight Bills of Lading covering outgoing Goods submitted to Excel will be checked at the time of pickup from the booth and corrections to the count or condition will be documented where discrepancies exist. k. Hanging items from Booth: Customer shall not hang any articles, merchandise, product, advertisements, or other similar items from Excel supplied booth materials (this includes but is not limited to Excel panels or pipe and drape), utilized in Customer’s own booth set up or in areas occupied by the show organizer or third parties. If Customer does hang any prohibited items, Customer alone shall be held liable for any damages, costs, actions or injuries resulting from the hanging of such item(s). Excel shall have no liability for any damages, costs, actions or injuries arising out of Customer’s failure to comply with this provision. l. DESIGNATED CARRIERS: In order to expedite removal of materials from show site as required by show management and/or the facility, Excel shall have the authority to change the EXHIBITOR designated carrier if that carrier does not pick-up the shipment at the appointed time. Where no disposition is made by EXHIBITOR, materials may be taken to a warehouse to await EXHIBITOR'S shipping instructions, and/or consigned to carrier of Excel’s choice and EXHIBITOR agrees to be responsible for charges relating to such rerouting and handling. In no event shall Excel be responsible for any loss resulting from such rerouting designation. Outbound UPS and FEDEX must have completed air bills with senders’ account number. VII. Measure of Damage: a. Sole Relief: If found liable for any loss, Excels’ sole and exclusive maximum liability for loss or damage to Customer’s Goods is limited to $.50 (USD) per pound with a maximum liability of $100.00 (USD) per container, or $1,500.00 (USD) per shipment whichever is less. b. Labor: Excel assumes no liability for loss, damage, or bodily injury arising out of Customer’s supervision of Excel provided labor. If Excel supervises labor for a fee, Excel 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 Excel and show management with an indemnity, including defense costs, for any claims that result from Customers’ supervision or failure to supervise assigned labor. VIII. Miscellaneous: a. Insurance: EXCEL 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 show and or while on the show floor is the sole responsibility of Customer. Excel recommends Customer arrange for all Risk Coverage. b. Notice of Loss or Damage: In order to have a valid claim, notice of loss or damage to Goods must be given to Excel or its agent within 24 hours of occurrence (as evidenced in an Incident Report completed at Show Site by Excel) or delivery of outbound Goods. c. 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 at the Show Site must be received in writing by Excel within thirty (30) days after the close of the show. Claims for Goods alleged to be lost or damaged during transit must be received by the responsible party within nine (9) months of date of delivery of Goods. Claims for damage in transit should be made directly with your carrier as shown on the Material Handling form/ Bill of Lading. In the event of a dispute with Excel, Customer will not withhold payment or any amount due Excel for Services as an offset against the amount of the alleged loss or damage. Customer agrees to pay Excel prior to the close of the show for all such charges and further agrees that any claim Customer may have against Excel shall be pursued independently by Customer as a separate action to be resolved on its own merits. Excel retains the right to pursue collection on amounts owed after show close, without regard to any amount alleged to be owed for damage, or loss. d. Filing of Suit: Any action at law regarding loss or damage to Goods must be filed within one (1) year of the date of declination of any part of a claim (logistics claims excluded). IX. Jurisdiction, Choice of Forum: These Terms and Conditions of Contract shall be governed by and construed in accordance with the applicable laws of the United States or, alternatively, and depending on jurisdiction, the laws of the State of Indiana. The parties hereby submit to jurisdiction and venue in the United States Federal District Court of Indiana.

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