Terms and Conditions
1. ACCEPTANCE. By completing the online form you are accepting the proposal with the prices listed. All prices are subject to change without notice following the Acceptance Period.
2. ESTIMATE. In the case where the actual amount of equipment, services and labor provided in connection with the Event is greater than the amount specified in this form, Customer shall be charged for such additional equipment, services and/or labor (including rental fees and freight) at prevailing standard rates. Unless otherwise itemized on the order, all online pricing includes sales tax, freight, shipping/handling and electrical charges (if applicable to the Event) which will be charged and due upon final invoice. Sales tax exempt entities must submit sales tax exemption certificates prior to the commencement of the Event. In the event tax exemption certificates are not received prior to the billing of the Event, sales tax will be due and payable at the time of final invoice.
3. LABOR RATES. Hourly labor rates, minimum calls, overtime labor rates, daily labor rates and per diems apply and are based upon prevailing rates and practices at the venue where the Event is being held and the business division providing the equipment and services. Labor estimates were developed based on information provided by the Customer. All Labor calls are subject to a minimum charge period based on local venue rules, servicing division policies, and or Union rules, as they may apply. In the event that the employee works more hours than estimated in the Quote, the Customer will be billed the appropriate prevailing or premium rate for the additional hours worked.
4. EQUIPMENT RATES. Unless otherwise noted, all rates are based upon per-room, per-day calculations with the minimum rental period being one calendar day. A day rental period consists of all or any portion of each 24-hour period starting at 12:00am and continuing through 11:59pm. Customer agrees to pay the rental fees described in this Quote for the stipulated period. Any equipment that is used and/or retained by Customer for a longer period shall be subject to AVER's prevailing rates until the equipment is returned.
5. EQUIPMENT HANDLING. All equipment must be handled by AVER personnel only. Equipment may not be moved, stored, or serviced by Customer or any other party. Customer may not operate the equipment unless authorized by AVER. Customer will incur additional charges if equipment is moved or relocated by Customer or any other party. Customer agrees that AVER shall be permitted free access to the equipment at any time before, during and/or after the Event for purposes of set/strike, maintenance and routine checks. AVER retains all title and rights in and to the equipment and all related accessories.
6. DAMAGE & SECURITY. Customer shall be responsible for all equipment that is damaged, lost or stolen (whether by use, misuse, accident or neglect), unless caused by AVER's negligence. In addition to amounts due to AVER in connection with this Quote, Customer agrees to pay AVER upon demand for all amounts incurred by AVER on account of lost, damaged and stolen equipment, based upon repair costs for reparable equipment or full replacement cost for lost or irreparable equipment. In addition, Customer
shall be responsible for rental fees while equipment is being repaired and/or replaced, as the case may be. If security is required by Customer or deemed necessary by AVER to protect the equipment during the Event, Customer shall be responsible for all costs in connection with the provision of security.
7. EQUIPMENT FAILURE. AVER maintains and services its equipment in accordance with the manufacturer's specifications and industry practice. AVER does not, however, warrant or guarantee that the equipment or services being provided will be free of defect, malfunction or operator error. If the equipment malfunctions or does not operate properly during the Event for any reason whatsoever, Customer agrees to immediately notify a AVER representative. AVER will attempt to remedy the problem as soon as possible so that the Event is not interrupted. Customer agrees and acknowledges that AVER assumes no responsibility or liability for any loss, cost, damage or injury to persons or property in connection with the Event as a result of inoperable equipment or otherwise.
8. EVENT CANCELLATION. If Customer cancels the Event or the provision of audiovisual equipment and services by AVER more than 30 days prior to the first day of the Event, no cancellation charges shall apply except for any expenses actually incurred by AVER. Cancellations received at least 15 days prior to the first day of the Event, shall be subject to a cancellation charge equal to 50% of the entire estimate of charges contained in the most recent version of this Quote. Cancellations received 72 hours or less before the first day of the Event, or after equipment has departed from its storage facility will be subject to a cancellation charge equal to 100% of the total estimate of charges described on the most recent version of this Quote. Customer agrees and acknowledges that the cancellation charges described in this paragraph are reasonable and appropriate under the circumstances if Customer cancels the Event and/or cancels the provision of audiovisual equipment and services by AVER. Cancellation fees, including fees to cover any incurred costs, shall be due immediately upon any such cancellation by Customer.
ALL CANCELLATION NOTICES MUST BE IN WRITING BEFORE BECOMING EFFECTIVE. IF ANY EXPENSES HAVE BEEN INCURRED BY AVER AT THE TIME OF THE CANCELATION, AN ADDITIONAL CANCELLATION FEE WILL BE APPLICABLE AND DUE TO AVER REGARDLESS OF THE DATE OF CANCELLATION IN AN AMOUNT EQUAL TO THE DIRECT AND INDIRECT COSTS INCURRED BY AVER OR ITS AFFILIATES PLUS A 15% RESTOCKING FEE.
9. PAYMENT. Direct Bill - Customers that seek to be direct billed for equipment rental, labor and other services must establish credit with AVER by completing a credit application at least 30-days prior to the first day of the Event or at signing of the contract if that date is within 30 days of the Event start date. Based on review of the credit application, the Customer may be required to make a deposit at least 30- days prior to the first day of the Event or at signing of the contract if such date is within 30 days of the first day of the Event. Deposit schedule is as follows 30 days out from event 50%, 15 days out from event 75%, Full balance must be cleared by the due date. Warehouse will not release any equipment until all payments have been received. The deposit received will be credited to the final invoice for the Event. Customer shall be required to make full and final payment to AVER within the terms determined based on the credit application All services must be paid in accordance with the terms listed above and secured with a valid credit card. Accepted forms of payment include; cashiers check, company check, Visa, MasterCard, & American Express. Payment that is outstanding for any reason will be billed to the credit card on record. Payments made by credit card will have a 4% processing fee. The Customer/Lessee agrees to pay a service charge of 5% of order total if check is returned by Customer/ Lessees bank. Late Payment and Collections: Customer agrees to pay 5% per month on the unpaid balance for any charges not paid in full within 10 days of invoice date.
10. CHANGES TO CUSTOMER QUOTE. Customer may make changes to equipment or services specified in the Quote and the above cancellation charges shall not apply if Customer requests changes to equipment or services within 72 hours of the Event so long as the overall charges in the revised Quote are within 10% of the original agreed Quote.
11. INDEMNIFICATION. Customer and AVER each hereby forever agree to indemnify, defend and hold
harmless the other for any and all claims, losses, costs (including reasonable attorneys fees and costs), damages and/or injury to property and persons (including death) as a result of the negligent acts, errors or omissions of each party and their respective employees, agents, representatives and contractors. Customer also agrees to indemnify, defend and hold harmless AVER against all claims for copyright, patent or other intellectual property infringement including claims for licenses and royalties, as a result of AVERs use of any and all, without limitation, Customer provided materials, recordings, transmissions, videos, software, hardware etc., in connection with the Event.
12. LIMITATION OF LIABILITY. Under no circumstances will AVER be responsible for any indirect, special or consequential damages (including, but not limited to, loss of profits, interest, earnings or use) whether arising in contract, tort or otherwise in connection with the Event.
13. FORCE MAJEURE. Performance under this Quote may be delayed due to unforeseeable and unavoidable delays caused by federal, state or municipal actions, statutes, ordinances or regulations; acts of god, hurricanes, earthquakes, other adverse weather conditions; war or terrorism; strikes or other labor disputes; or other unforeseeable incidents outside of any responsible party's control which shall make such performance impossible. The party whose performance is so delayed shall give notice of the delay and its cause to the other party to whom performance is owed within five (5) days of the commencement of such delay.
14. RELATIONSHIP. During the Term and for a period of two (2) years following the expiration or termination of this project, the client shall not: (I) directly or indirectly, recruit, engage or otherwise employ, on behalf of the client or in connection with any other entity, any person who was an employee, freelance or sub vendor of other party or its parent, subsidiaries and affiliates for the purpose of providing audiovisual, lighting, rigging, scenic equipment or related audiovisual, lighting, rigging, scenic services to the client; or (II) induce or persuade any employee of other party or its parent, subsidiaries and affiliates, to terminate their employment, engagement or otherwise with AVER or its parent, subsidiaries and affiliates.
15. CONTENT RELEASE. The client hereby grants permission to AVER to use photographs and/or videos taken during this project in publications, news releases, online, and in other actions related to the mission of promotions and record keeping.
16. MISCELLANEOUS. This Quote shall be governed and interpreted in accordance with the laws of the state where the Event is located. Time is of the essence with respect to each party's obligation hereunder. The individuals signing this Quote each represent and warrant to the other that they have the proper authority to bind their respective parties to the provisions of this Quote. The provisions of this Quote may only be modified by written Quote signed between the parties.
17. ADDITIONAL TERMS AND CONDITIONS. From time to time, additional Event-specific terms may also be included throughout the Quote. Customer understands and agrees to any additional provisions contained within the Event Quote.