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GENERAL TERMS AND CONDITIONS OF BUSINESS – UNITED ARAB EMIRATES & KINGDOM OF SAUDI ARABIA

The following are Standard Terms & Conditions of hire between Encore Staging Services LLC and/or Encore Venue Services LLC (“Encore”), and the individual or entity hiring Encore’s services or equipment (the “Client”), jointly referred to as the “Parties”.

Confirmation of Hire
It is understood by the Client that confirmation of hire is only recognized as such after a signed authority (signed copy of Encore’s Proposal and valid Purchase Order) is received by Encore from the Client, specifically agreeing to all related terms and costs of hire as detailed in the Proposal provided by Encore. Such confirmation will be accepted in the form of signed copies of the relevant documents by email.

Hire Period
The “Hire Period” is defined as the period of time from the date that any Equipment leaves Encore’s warehouse to the date that the equipment is returned to Encore’s warehouse. These dates will be agreed between Encore and the Client prior to the dispatch of equipment from Encore’s warehouse and stated on the Proposal supplied by Encore to the Client.

Any adjustments to the Hire Period after the date that the equipment leaves Encore’s warehouse, whether an extension or reduction to the overall hire period, should be negotiated between the Parties and invoiced to the Client as a variation.

Equipment
The “Equipment”, the subject of an individual hire, is considered the property of Encore and will remain the property of Encore throughout the Hire Period. The Client is not permitted to move any Equipment outside of the agreed venue or event location without the explicit written permission of Encore.

If contracted, Encore will supply suitably qualified personnel to operate the Equipment. If the Client chooses to hire the Equipment exclusive of Encore’s operational personnel, it is the Client’s sole responsibility to source and employ suitably qualified personnel to operate the Equipment.

Encore will check the Equipment prior to delivery to the Client. Upon receipt of Equipment, it is the responsibility of the Client to check Equipment for any damages or malfunction and to notify Encore immediately.

In the event of damages to the Equipment at any stage during the Hire Period, Encore will invoice the Client for the cost of repair or the cost of replacement should the damaged Equipment be considered by Encore to be damaged beyond repair. It is the sole discretion of Encore to appoint a suitably qualified supplier to source spare parts and repair any damaged Equipment accordingly. In the event that the specific Equipment model is no longer manufactured, an equivalent item of similar capability and specification will be invoiced by Encore to the Client.

It is understood by the Parties that there will be a 24 (twenty-four) hour period both before and after the delivery or return of Equipment to Encore’s warehouse during which either Party can inform the other of damages to Equipment that were not previously noted.

Variations
Any variations to the agreed Equipment, Hire Period, location or personnel should be negotiated and agreed separately in writing and signed by both Parties. Agreed variations and any related charges will be invoiced to the Client accordingly.

Client Responsibilities
Unless otherwise stated, Encore’s proposal does not include the following which, if required, are to be supplied by the Client at the Client’s own expense:

  • Mains power supply
  • All electricity and provisional costs
  • Content creation, presentation files, artwork and any other source materials required
  • Any lifting and/or access equipment such as cherry pickers, forklifts, scissor lifts, etc
  • Any venue associated charges (work passes, electrical, rigging points, drainage, etc)
  • Any government/venue permissions and/or associated charges
  • Any clean-up of consumable material (confetti, streamers, etc)
  • Any colour fastness related damages (coloured confetti, etc)
  • On site security for the equipment
  • On site crew catering
  • Crew travel, visas, accommodation, subsistence and per-diems

Insurance for Equipment/Personnel
It is the responsibility of the Client to insure for: any losses or damages of equipment (whether during transit to or from Encore’s warehouse and while on location at the venue or event location), injury to operational staff (whether employees of Encore or third-parties hired by Encore or by the Client), damages to the venue (or any other event location), and for public liability.

By request of the Client, Encore can offer insurance coverage for some of the areas mentioned above at a cost of 10% (ten percent) of the overall list price equipment rental value, to the extent of cover required for Equipment and personnel provided by Encore only.

Loss Damage Waiver
The Client may purchase from Encore an optional Loss Damage Waiver (LDW) for Equipment priced at 5% (five percent) of the total Equipment rental cost. In doing so, the Client’s financial liability for any losses or damages to Equipment will be limited to 15% (fifteen percent) of the cost to replace the lost or damaged Equipment, except in the case of gross negligence, misuse, or intentional misconduct. This LDW does not cover unauthorized modifications, theft without a police report, or damages due to improper use.

The LDW fee is non-refundable and must be paid prior to the start of the Hire Period.

Personnel Overtime
Service hours are estimated and will be charged on T&M basis (time and material basis). Should Encore’s services exceed the agreed working hours as a result of Client changes or requests, the additional time of Encore’s personnel will be charged to the Client as follows: hours of overtime multiplied by Encore’s rate per personnel.  

Any overtime invoices are to be paid by the Client upon receipt of invoice from Encore.

Taxes
The Proposal, unless otherwise indicated, excludes any local taxes (including, but not limited to, VAT or Withholding Tax) that may be due or become due in the future in the country of delivery.

Any such taxes are the responsibility and liability of the Client.

Payment Terms
Unless otherwise indicated on the Proposal issued by Encore to the Client, it is agreed that payment terms are as follows:

  • 100% (one hundred percent) before the event

Variations and/or additions will be billed separately and payable upon receipt of invoice, unless specifically agreed otherwise in writing.

All cancellation charges (detailed below) are payable by the Client immediately upon confirmation of cancellation. Confirmation of cancellation will be accepted in the form of a signed copy of the relevant documents by email.

Should the Client not pay Encore on time, Encore will charge the Client a late payment fee of 2% (two percent) of the total project value. Late payment fees are due from the Client upon receipt of invoice from Encore.

Cancellation of Hire
Cancellation of hire is at the discretion of either Party to the agreement.

Cancellation by the Client is acceptable upon receipt of a signed letter detailing the cancellation reason(s) to Encore. The cancellation date will be determined by the date of receipt of this confirmation. Confirmation of cancellation will be accepted in the form of signed copies of the relevant documents by email. In the event that the Client cancels, the following penalties and payments will remain due:

  • Cancellation made 14 (fourteen) calendar days or less from the commencement of the hire period will result in a 100% (one hundred percent) cancellation fee equivalent to the full value of the job or project
  • Cancellation made 1 (one) calendar month of less, but greater than 14 (fourteen) calendar days will result in a 50% (fifty percent) cancellation fee equivalent to 50% (fifty percent) of the full value of the job or project
  • Cancellation made in excess of 1 (one) calendar month will result in no cancellation fee being charged

All cancellation fees are due and payable immediately by the Client to Encore upon cancellation notice by the Client.

Encore reserves the right to cancel its Equipment hire and/or services to the Client at any time, without penalty. Should deposit payments have been made by the Client to Encore for the cancelled event, the Client retains the right to allocate such payments against future projects rather than obtain a refund however, each case will be reviewed and negotiated on a case-by-case basis.

Force Majeure
Neither Party shall be liable for any failure or delay in performing any of its agreed obligations if such failure or delay is due to any event beyond the reasonable control of the affected Party, including but not limited to acts of God, war, terrorism, civil unrest, natural disasters, government actions, pandemics, strikes, or other labour disputes (collectively, “Force Majeure Events”)

In the event of a Force Majeure Event, the affected Party shall notify the other Party as soon as reasonably practicable and shall use its reasonable efforts to mitigate the effects of the Force Majeure Event. The obligations of the affected Party will be suspended for the duration of the Force Majeure Event, and both Parties shall be entitled to an extension of time to perform their agreed obligations.

If the Force Majeure Event continues for a period of 90 (ninety) days, either Party may terminate their agreement by providing written notice to the other Party.

Notes
All Equipment is subject to availability at the time of proposal confirmation.

Encore’s proposal/quotation is valid for 7 (seven) days and can only be considered as confirmed after receiving a signed copy of the proposal, inclusive of these Terms and Conditions, as well as a Purchase Order from the Client. Upon proposal confirmation, invoices will be issued against your Purchase Order as per the payment terms agreed.