Terms and Conditions
Limitation of Liability: EMS Designer Services shall only be responsible for loss of, or damage to property directly and proximately caused by an act of negligence on the part of EMS Designer Services. Unless otherwise agreed to in advance by EMS Designer Services, in writing, EMS Designer Services’ liability for loss of, or damage to, any of the Goods, or any activity related thereto, shall be limited to a maximum of sixty cents ($0.60) per pound of such property, and shall only be owed at that rate for loss of, or damage to, such property directly and proximately caused by an act of negligence on the part of EMS Designer Service. Under no circumstances shall EMS Designer Services be responsible for incidental or consequential damages, punitive damages, or any other damages, for any act, or failure to act, arising out of or in conjunction with this Agreement, or any related activity.
Rejected Shipments: If any consignee rejects any shipment, or if Shipper or such consignee advises or instructs EMS Designer Services to stop movement of the shipment, EMS Designer Services shall, at EMS Designer Services’ option either place the shipment in public storage, or return the shipment to the point of origin or some other point of destination designated by EMS Designer Services, at a rate in accordance with on EMS Designer Services’ standard terms and conditions, with its standard fees for such services in effect at that time.
Insurance: Client expressly understands that EMS Designer Services is not insuring Client or the Goods, nor insuring the limited liability imposed upon EMS Designer Services by this Agreement. If Client wishes to obtain insurance for coverage beyond the limited liability imposed upon EMS Designer Services as set forth herein, then Client may, at Client’s sole expense, purchase such optional insurance from any insurer of its choice.
Warehouseman’s Lien: EMS Designer Services shall have a warehouseman’s lien on the Goods, pursuant to Section 7-210 of the Uniform Commercial Code. In the event any of the Goods are sold pursuant to such lien, EMS Designer Services shall be entitled to retain an amount from the net proceeds of such sale necessary to satisfy any payments owed by Client. Client agrees to waive any and all rights, including but not limited to those pertaining to notice, in that regard. For purposes of this provision, “net proceeds” shall mean the amount realized by EMS Designer Services from the proceeds of sale of the Goods, after deducting all costs related to such sale.
Hazardous Materials and Perishable Goods: Client shall not admit for storage, or otherwise store, any material which may be hazardous to the Building or its contents. Such materials shall include, but not be limited to, the storage of combustible materials, explosives, flammable liquids and toxic materials and live animals and perishables.
Notice of Claims: Client shall immediately provide written notice to EMS Designer Services of any and all potential claims against EMS Designer Services, arising out of or in conjunction with this Agreement, which Client becomes aware of. Client also agrees to promptly provide any written reports, affidavits or other information or assistance requested by EMS Designer Services, in order to investigate, settle or litigate any such potential claim against EMS Designer Services and/or its insurers.
Presentation of Claims: Claims by Client, or any person claiming through or on behalf of Client, shall be presented in writing to EMS Designer Services within a reasonable time, and, in no event, more than sixty (60) days after whichever of the first two events occurs first: (i) delivery of the Goods by EMS Designer Services; or (ii) after Client is notified by EMS Designer Services that the loss or damage has occurred.
Institution of Proceedings: No action may be maintained by Client against EMS Designer Services for loss or damage to the Goods, unless notice of claim has been given as provided for herein, and, in any event, unless such action is commenced within nine (9) months of first of the following two events: (i) after date of delivery by EMS Designer Services; or (ii) after the Client is notified that the loss or damage has occurred. The nine month time limits specified herein shall commence on the date of mailing of notice of damage or loss by EMS Designer Services to Client.
Substituted Bill of Lading: If this Bill of Lading is issued on the order of Shipper, or otherwise, in exchange or in substitution for another bill of lading, any such prior bill of lading shall be incorporated herein by reference, and shall be subject to all of the terms and conditions set forth herein.
Modifications: This Bill of Lading shall not be modified, altered, changed or amended in any respect unless agreed to in writing and signed by both Shipper and EMS Designer Services.