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Equipment And Sales
Quote # 7295-
Page 1 of 9
Show Date(s): (^) 05/26/2024 - 05/31/
Show Name: (^) USD - Asana Yeti Club 2024
FOUR SEASONS RESORT PUNTA MITA RAMAL CARRETERA FEDERAL 200 KM 19 Bahia De Banderas, Cruz De Huanacaxtle, NA 63734
Labor
Thank you for your business.
demand, all amounts incurred by ENCORE 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 will be responsible for rental fees while an ENCORE-authorized company repairs or replaces equipment as required. If Customer requires security or ENCORE deems security necessary during an event, Customer will be responsible for all
costs in connection with the provision of security.
10. EQUIPMENT FAILURE. ENCORE maintains and services its equipment in accordance with the manufacturer's specifications and standard industry practice. However, ENCORE does not warrant or guarantee that the equipment or services ENCORE provides will be free of defect, malfunction, or operator error. If the equipment malfunctions or does not operate properly during the Event for any reason, Customer agrees to immediately notify an ENCORE representative. ENCORE will attempt to remedy the problem as soon as possible so that no problems interrupt the Event. Customer agrees and acknowledges that ENCORE assumes no responsibility or liability for any loss, cost, damage, or injury to persons or property in connection with the Event
because of inoperable equipment or other service issues.
a) Master Account Following the Event, Encore may issue Customer an “Event Order” which summarizes all actual charges. If the Venue requires Customer to establish a “Master Account” with the Venue, the Venue will be Encore’s agent for payment. Encore will invoice the Venue, and the Venue will invoice Customer. Customer will pay the Venue. Customer must notify Encore prior to the Event if Customer did not secure a Master Account with the Venue in order to confirm direct billing arrangements. Upon conclusion of the Event, if Customer has established a Master Account, then Customer will make full and final
payment to Encore through such Master Account with the Venue accordance with the Venue’s payment terms.
b) Direct Bill – If the Venue is not invoicing Customer through a Master Account with the Venue, Customer will be direct billed for all equipment rental, labor, or services provided by Encore, and must establish credit with Encore by completing a credit application at least 30 days prior to the first day of the Event or at signing of the Event Quote if that date is within 30 days of the Event start date. Based on the results of the credit application, Encore may require Customer to make a deposit payment of up to the full amount at least 30 days prior to the first day of the Event, or at signing of the Event Quote if such date is within 30 days of the first day of the Event. Encore will credit the deposit received to the final invoice for the Event. Encore requires Customer to make full and final
payment to Encore within the terms determined by Encore from Customer’s creditapplication.
c) Late Payment. If Customer fails to make payment by the specified payment date outstanding balances will be subject to late payment charges in an
amount equal to five percent (5%) per month or a lesser amount as required by law.
12. CREDIT CARDS. Encore accepts credit cards (Visa, Master Card, or American Express) as payment for invoices in certain situations, such as COD orders and orders equal or under MXN$999,999.00 or the equivalent amount in Dollars. For orders equal or over MXN$1,000,000.00, Customer will pay by wire transfer or by certified check as directed by Encore. In the event of credit card payments, the Client will pay any corresponding banking fee or
commission.
13. CREDIT CHECK. ENCORE reserves the right to run a credit check or an independent background check on Customer’s credit history before this Agreement is signed and at any time after the Agreement is signed, so long as this Agreement is in effect or Customer has outstanding funds due to ENCORE. Such independent check may be carried out by ENCORE or through an independent service provider that is hired by ENCORE, at the sole discretion of ENCORE. Should ENCORE determine that Customer’s credit history is such that ENCORE must modify the payment terms included above, Customer agrees
to work with ENCORE reasonably and in good faith to update the payment terms.
14. EVENT CANCELLATION. If Customer cancels the Event or the provision of audiovisual equipment, labor, or services by ENCORE 30 days or more before the first day of the Event, no cancellation charges will apply, except for any expenses actually incurred or services actually rendered by ENCORE, which will be payable by Customer. Cancellations received 29 to 15 days before the first day of the Event will be subject to a cancellation charge equal to 50% of the charges contained in the Event Quote. Cancellations received 14 to 3 days before the first day of the Event will be subject to a cancellation charge of 75% of the charges contained in the Event Quote. Cancellations received less than 3 days (72 hours) before the first day of the Event or the start of load-in, whichever is earlier, or after equipment has departed from its storage facility, will be subject to a cancellation charge equal to 100% of the total charges set out in the Event 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 or cancels the provision of audiovisual equipment, labor, or services by ENCORE, and that such charges are not a penalty. Cancellation fees, including fees to cover any incurred ENCORE costs, will be due immediately upon any such cancellation by Customer. All cancellation notices must be in writing and delivered to the domicile of ENCORE as set forth in the Quote. For all custom materials that have been ordered for an event, an additional cancellation fee will be applicable and due to ENCORE regardless of the date of cancellation in an amount equal to the direct and indirect costs incurred by ENCORE or its affiliates in securing or constructing such custom materials plus a 15% restocking fee. ENCORE will not be responsible for any cancellation derived from a Force Majeure Event (as said term is defined below), for which the Customer acknowledges and agrees
that this clause will be applicable even in the event of a cancellation in a Force Majeure Event.
15. CHANGES TO EVENT QUOTE. Customer may request changes to equipment, labor, or services specified in the Event Quote, and the cancellation charges in Section 14 will not apply if Customer signs a revised Event Quote within 24 hours of the first day of the Event and provided that the total charges in the revised Event Quote are not less than ninety percent (90%) of the charges in the original Event Quote. ENCORE will use commercially
reasonable efforts to accommodate all such Customer requests but will not be liable to Customer for any failure to do so.
16. INDEMNIFICATION. Customer agrees to indemnify, defend, and hold harmless the other for any and all third party claims, losses, costs (including reasonable attorneys’ fees and costs), damages, or injury to property and persons (including death) as a result of the negligent acts, errors, or omissions of the Customer and its respective employees, agents, representatives, and contractors. Customer also agrees to indemnify, defend, and hold harmless ENCORE against all claims for copyright, patent, or other intellectual property infringement including claims for licenses and royalties, as a result of ENCORE’s use of
against all claims for copyright, patent, or other intellectual property infringement including claims for licenses and royalties, as a result of ENCORE’s use of any and all Customer-provided materials such as images, recordings, transmissions, videos, software, hardware, or any other form of intellectual property,
etc., in connection with the Event.
17. COOPERATION IN INVESTIGATIONS. ENCORE and Customer each agree to immediately notify the other of any incidents, physical injuries, property damage, claims, demands, losses, causes of action, general damages, and expenses that may arise during ENCORE’s performance of the services for Customer. ENCORE and Customer further agree to work together on the investigation of any such matters unless the competent authority instructs
otherwise either party.
18. INTELLECTUAL PROPERTY. Hereby Customer allows ENCORE to use the trademarks, trade names, service marks, and other intellectual property provided by Customer to ENCORE for the purposes of carrying out ENCORE’s duties under this Event Quote and as otherwise requested by Customer. By signing this Agreement, Customer agrees that it has full authority to use the trademarks, trade names, service marks, and other intellectual property given to ENCORE for use in connection with the ENCORE Services under this Agreement. Further, Customer permits ENCORE to include photos, renderings of set designs and other elements of Customer’s event(s) as ENCORE may reasonably require in showing current or prospective customers
examples of ENCORE’s work.
19. FORCE MAJEURE. ENCORE will not be responsible for amendments to the applicable law, governmental actions, acts of God, hurricanes, earthquakes, other adverse weather conditions; war or terrorism; strikes or other labor disputes; third party failures; or any other emergency of comparable nature beyond the parties' control; in each instance making it impossible, illegal or impracticable to perform its obligations under this Agreement (“ Force
Majeure Event ”).
20. INTERNET/NETWORK EQUIPMENT AND SERVICES. In the event this Agreement includes internet/network equipment and/or services, Customer understands and agrees as follows: (a) Every device connected to the internet/network must have a purchased IP address from ENCORE, whether or not the IP address is used; (b) No servers or routers are allowed including, but not limited to, NAT, DHCP and proxy servers; (c) ENCORE reserves the right to disconnect any equipment that, in ENCORE’s sole discretion, is found to be causing overall network problems without any refunds for services that have been disconnected; (d) Customer agrees not to share, resell, extend, bridge or otherwise misuse ENCORE’s connections and/or services. ENCORE, in its sole discretion, reserves the right to disconnect any Customer found to have violated this Agreement or usage equipment without any refunds for services that have been disconnected; (e) Specific service location is defined as the area in the booth/room or other area designated by the Customer. Service extended beyond rooms, air walls, doorways, walkways or 50’ distance from the drop point will require an additional location and incur an additional fee; (f) ENCORE is not responsible for any cable and/or equipment provided by Customer or any third party; (g) The network may only be used for lawful purposes and in accordance with these terms and conditions. Transmission of any materials in violation of any local, state, federal or international laws or regulations is strictly prohibited. This includes, but is not limited to, copyrighted materials, materials judged to be threatening or obscene, or materials protected by trade secret or confidentiality obligations; (h) Wireless internet service is inherently vulnerable to interference from other devices that transmit similar radio frequency signals or that operate within the same frequency spectrum. ENCORE cannot guarantee that interference will not occur. ENCORE does not recommend wireless service for mission critical services such as product presentations or demonstrations. For demonstrations or to present products and other mission critical activity via the internet, ENCORE highly recommends Customer purchases hardwired services. If you are unsure which product best suits your needs, please contact ENCORE’s on-site representative. All wireless access points not authorized by ENCORE are prohibited. Customer provided access points are prohibited for use within the Event facility without ENCORE’s prior approval. Wireless access points without adjustable power outputs are prohibited under all circumstances. If a Customer wishes to showcase its wireless products, it must contact ENCORE at least 14 days prior to the start of the Event so that
ENCORE may attempt (with no guarantee) to engineer a cohesive operating network that limits or controls interference. Approvals may incur a site survey fee.
21. VIRTUAL/HYBRID MEETINGS AND SERVICES. In the event this Agreement includes virtual and/or hybrid meetings and related services, the Customer understands and agrees as follows: (a) ENCORE reserves the right to disconnect any equipment that, in ENCORE’s sole discretion, is found to be causing overall network problems without any refunds for services that have been disconnected; (b) Customer agrees not to share, resell, extend, bridge or otherwise misuse ENCORE’s platforms, applications, connections and/or services. ENCORE, in its sole discretion, reserves the right to disconnect any Customer or attendee found to have violated this Agreement or and usage restrictions without any refunds for services that have been disconnected; (c) ENCORE is not responsible for any Event interruptions or transmission failures due to (i) the operation or failure of any cable, equipment, or software/conferencing platform provided by Customer, a presenter, or any third party, or (ii) a power surge, interruption, or failure at the location of any attendee or presenter; (d) The virtual and/or hybrid meeting platforms, applications, and services may only be used for lawful purposes and in accordance with these terms and conditions. Transmission of any materials in violation of any local, state, federal or international laws or regulations is strictly prohibited. This may include, but is not limited to, copyrighted materials, materials judged to be threatening or obscene, trade secrets, or materials protected by trade secret or confidentiality obligations; (e) Internet speed and functionality at the Customer’s, presenter’s or attendee’s location can greatly impact the quality of the Event, and accordingly, ENCORE is not responsible for any Event interruptions or transmission failures due to internet speeds, latency, connections or failures at the
Customer’s location, or at the location of any presenter or attendee, or at any location where ENCORE does not manage the internet services.
22. CUSTOMER MATERIAL HANDLING. Unless this Agreement expressly includes or otherwise necessitates ENCORE’s handling of Customer’s materials in connection with the provision of services, Customer shall not ask ENCORE to handle or assist in handling Customer’s materials and ENCORE assumes no responsibility for loss, damage, theft or disappearance for any such materials. In the event ENCORE handles Customer’s materials as part of this Agreement, ENCORE’s maximum liability for loss or damage to such materials and Customer’s sole and exclusive remedy is limited to MXN$10.00 per pound per article with a maximum liability of MXN$2,000.00 per item, or MXN$3,000.00 per shipment, whichever is less. All shipment weights are subject to
correction and final charges determined by the actual or re-weighed weight of the shipment.
23. GOVERNING LAW. For the interpretation and performance of this Agreement, the parties expressly submit to the laws and jurisdiction of the competent courts in Mexico City, expressly renouncing any other jurisdiction that may correspond to them by reason of their present or future addresses or
due to any other cause.
Signed Acceptance must be received prior to delivery of equipment to Customer/show site.