GENERAL TERMS and CONDITIONS
ACCEPTANCE. This Proposal will be valid for a period or thirty (7) days from the Proposal Date (*Acceptance Period*). In the event this proposal is not accepted, signed and returned to MRIT Events within the Acceptance Period, it will be void. All prices are subject to change without notice following Acceptance Period.
ESTIMATE. This proposal was developed based upon information provided by the undersigned customer (*Customer*). This proposal is only an estimate of equipment and services to be provided in connection with the applicable event (*Event*). 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 proposal, Customer shall be charged for such additional equipment, services and/or labor (including rental fees and freight) at prevailing standard rates. Unless itemized on the proposal, all pricing excludes 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.
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 proposal, the Customer will be billed the appropriate prevailing or premium rate for the additional hours worked.
SERVICE CHARGES. Service charges are billed in association with an event. Service Charges are NOT gratuities that are paid in whole or in part to MRIT Events (or other) employees in connection with the event and amounts comprising Service Charges are NOT otherwise shared with MRIT Events employees.
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 11:59 pm. Customers agrees to pay the rental fees described in this proposal for the stipulated period. Any equipment that is used and/or retained by Customer for a longer period shall be subject to MRIT Events’ prevailing rates until the equipment is returned.
EQUIPMENT HANDLING. All equipment must be handled by MRIT Events 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 MRIT Events. Customer will incur additional charges if equipment is moved or relocated by Customer or any other party. Customer agrees that MRIT Events shall be permitted free access to the equipment at any time before, during and/or after the Event for purposed of set/strike, maintenance and routine checks. MRIT Events retains all title and rights in and to the equipment and all related accessories.
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 MRIT Events’ negligence. In addition to amounts due to MRIT Events in connection with this proposal, Customer agrees to pay MRIT Events upon demand for all amounts incurred by MRIT Events 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 MRIT Events to protect the equipment during the Event, Customer shall be responsible for all costs in connection with the provision of security.
EQUIPMENT FAILURE. MRIT Events maintains and services its equipment in accordance with the manufacturer’s specifications and industry practice. MRIT Events 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 MRIT Events representative. MRIT Events will attempt to remedy the problem as soon as possible so that the Event is not interrupted. Customer agrees and acknowledges that MRIT Events 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.
EVENT CANCELLATION. If Customer cancels the Event or the provision of audiovisual equipment and services by MRIT Events more that 30 days prior to the first day of the Event, no cancellation charges shall apply except for any expenses actually incurred by MRIT Events. 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 proposal. Cancellations received 72 hours or less before the first day of the Event, or after equipment has departed for 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 proposal. Customer agrees and acknowledges that the cancellation charges described in this paragraph are reasonable and appropriate under the circumstances of Customer cancels the Event and/or cancels the provision of audiovisual equipment and services by MRIT Events. Cancellation fees, including fees to cover any incurred costs, shall be due immediately upon any such cancellation by Customer. ALL CANCELLATION MUST BE IN WRITING AND RECEIVED BY MRIT EVENTS ONSITE REPRESENTATIVES BEFORE BECOMING EFFECTIVE. IF APPLICABLE – IF ANY CUSTOM SETS, GOBOS OR OTHER CUSTOM MATERIALS ARE REQUIRED FOR AN EVENT, AN ADDITIONAL CANCELLATION FEE WILL BE APPLICABLE AND DUE TO MRIT EVENTS REGARDLESS OF THE DATE OF CANCELLATION IN AN AMOUNT EQUALTO THE DIRECT AND INDIRECT COSTS INCURRED BY MRIT EVENTS OR ITS AFFILIATES IN SECURING AND/OR CONSTRUCTING SUCH CUSTOM MATERIALS PLUS A 15% RESTOCKING FEE.
CHANGES TO CUSTOMER PROPOSAL. Customer may make changes to equipment or services specified in the proposal and the above cancellation charges shall not apply if Customer requests changes to equipment or services within 24 hours of the Event so long as the overall charges in the revised proposal are within 10% of the original agreed proposal.
INDEMNIFICATION. Customer and MRIT Events each hereby forever agree to indemnify, defend and hold harmless the other for any and all claims, losses, costs (included reasonable attorney’s 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 MRIT Events against all claims for copyright, patent or other intellectual property infringement including claims for licenses and royalties, as a result of MRIT Events’ use of any and all, without limitation, Customer provided materials, recordings, transmissions, videos, software, hardware etc., in connection with the Event.
LIMITATION OF LIABILITY. Under no circumstances will MRIT Events be responsible for any indirect, special or consequential damages (including, but not limited to, loss of profits, interest, earning or use) whether arising in contract, tort or otherwise in connection with the Event.
FORCE MAJEURE. Performance under this Agreement 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 and/or impractical. 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.
LOSS DAMAGE WAIVER (LDW). If LDW applies and is quoted in the Event order and Customer does not elect to decline LDW for the Event, Customer understands that charges for loss or damage to MRIT Events owned equipment will be waived by MRIT Events. Customer further acknowledges and understands that if any loss or damage occurs, Customer will be required to participate in any investigation by MRIT Events, facility security and/or other authorities. If it is determined that the loss or damage was intentionally caused by Customer or its representatives, this LDW shall not apply and Customer will be fully responsible for all such loss or damage.
MISCELLANEOUS. This proposal shall be governed and interpreted in accordance with the laws of the state where the Event is located. The individuals signing this proposal with respect to each warrant to the other that they have the proper authority to bind their respective parties to the provisions of this proposal. The provisions of this proposal may only be modified by written agreement signed between the parties.
ADDITIONAL TERMS AND CONDITIONS. From time to time, additional Event-specific terms may also be included throughout the proposal. Customer understands and agrees to any additional provisions contained within the Event Proposal.
Acceptance of Terms. Acceptance of the terms and conditions is either by signature below or a deposit payment on the order.