1. DEFINICIONS I LEGISLACIÓ

1.1. “l’Empresa” shall mean the legal entity identified in the quote

1.2. “l’Equip” shall mean goods, components and other items hired or sold by l’Empresa or any part thereof

1.3. “el Client” is the person, firm, corporate or public body hiring or purchasing l’Equip. Any person purporting to act on behalf of el Client shall be bound by the Contract

1.4. “Esdeveniment” refers to the event for which el Client is to hire Equipment and/ or services

1.5. “Interessos” shall mean interest calculated in accordance with Clause 8.2

1.6. The Contract shall be interpreted and applied in accordance with laws of the country of l’Empresa’s registered office and the parties to this contract agree to submit to the exclusive jurisdiction of those courts

 

2. CONDICIONS DE LLOGUER HUMIT (SERVEI COMPLET – LLOGUER D’EQUIP I MÀ D’OBRA I/O SERVEIS ADDICIONALS)

2.1. Càrrecs

2.1.1. Hire charges commence from the date stated in the contract and are payable for the period of hire

2.2. Període de Lloguer

2.2.1. The hiring period commences on the date specified in the Contract and continues for the period specified in the Contract and terminates on the last day of the hiring period at the time stated in the quote

2.3. Responsabilitats del Client

2.3.1. The Customer’s responsibility for l’Equip commences on receipt of l’Equip by el Client or his agent or on delivery and ends when el Client is in possession of l’Empresa’s unqualified receipt for the return of all l’Equip

2.3.2. The Customer shall not at any time sell, dispose or otherwise part with control of l’Equip or attempt to do so

2.4. Especificacions de l’Equip

2.4.1. All descriptions and specifications, drawings and particulars of weights and dimensions issued by l’Empresa are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract. Due to continuing development, l’Empresa reserves the right to change specifications without notice

2.5. Ús de l’Equip

2.5.1. l’Empresa’s personnel, or their duly appointed affiliates, must handle and operate all Equipment.

2.5.2 Equipment may not be operated, moved, stored, or serviced by el Client or any other party unless authorized by prior written agreement from l’Empresa. The Customer may incur additional charges if Equipment is moved or relocated by unauthorized personnel.

2.5.3 The Customer agrees that l’Empresa shall be permitted free access to l’Equip at any time before, during and/or after the event for purpose of set/strike, maintenance and routine checks.

2.5.4. Labour rates. This estimate, unless specifically indicated, does not include the following items: Crew transportation, lodging and local parking. All overtime labour will be billed at 1.5 times the hourly rate for the position (day rate divided by eight) for hours worked in excess of eight, and 2 times the hourly rate for hours worked in excess of 16 hours. The Company’s employees require a mandatory 11-hour break between work periods.

 

3. CONDICIONS DE LLOGUER SEC (NOMÉS LLOGUER D’EQUIP)

3.1. Càrrecs

3.1.1. Hire charges commence from the date stated in the contract and are payable for the period of hire

3.1.2. Equipment must be returned on the date specified in the Contract in a clean and serviceable condition and el Client must obtain l’Empresa’s receipt

3.1.3. Additional charges accrue at the full daily hire rate together with consequential loss in the event of the breach of these conditions or l’Equip not being available for use by other customers

3.1.4. All cables must be returned coiled and taped and in default a charge per cable will be made

3.1.5. The Company provides spare lamps with Equipment where appropriate. These and any lamps they replace must be returned with l’Equip and in default their full replacement cost will be charged

3.2. Període de Lloguer

3.2.1. The hiring period commences at 7:00am on the date specified in the Contract and continues for the period specified in the Contract and terminates at midnight on the last day of the hiring period, unless specified otherwise in the quote

3.3 Responsabilitats del Client

3.3.1. The Customer’s responsibility for l’Equip commences on receipt of l’Equip by el Client or his agent or on delivery and ends when el Client is in possession of l’Empresa’s unqualified receipt for the return of all l’Equip

3.3.2. The Customer shall not at any time sell dispose or otherwise part with control of l’Equip or attempt to do so

3.3.3 The Customer warrants that everyone who uses l’Equip has been properly instructed in its safe and proper operation and will ensure that every user is in possession of necessary instructional material and further will not allow l’Equip to be misused

3.3.4. The Customer will at all times fully indemnify l’Empresa against any expense liability financial loss claim or proceedings whatsoever in respect of any personal injury or damage to or loss of any property arising out of or in connection with the delivery, hire, use, non-use, repossession, collection, return or non-return of l’Equip

3.3.5. Nothing in this clause shall affect the statutory rights of el Clients or purport to exclude any liability which may not be excluded legally.

3.4. Equip Elèctric

3.4.1. Any electrical Equipment should be used with plugs and/or sockets as fitted.

3.4.2. No Equipment shall be modified without prior written consent from l’Empresa

3.4.3. The Customer shall be responsible at all times to arrange a proper supply of electricity for use with l’Equip and ensure that l’Equip shall at all times be properly earthed. Damage to Equipment from incorrectly connected or disrupted supply will be charged.

3.5. Manteniment i Informes de l’Equip

3.5.1. The Customer shall ensure that l’Equip remains serviceable and clean during the hire period

3.5.2 Any breakdown or unsatisfactory working of Equipment shall be immediately notified to l’Empresa

3.6. Manteniment i Informes de l’Equip

3.6.1. The Customer shall under no circumstances attempt to repair l’Equip without prior authorisation from l’Empresa

3.6.2. Any damaged or unsatisfactory Equipment must be returned to l’Empresa’s premises for examination at el Client’s cost

3.6.3. If l’Equip is involved in any accident resulting in damage to either l’Equip or other property or injury to any person, el Client shall notify l’Empresa immediately

3.6.4. Equipment must not be removed from any site originally specified by el Client or from any subsequently authorised site without prior consent of l’Empresa

3.7. Compatibilitat de l’Equip

3.7.1. The Customer shall ensure that l’Equip is compatible and may safely be used with any other Equipment being used by el Client

3.7.2. The Customer shall be responsible for ensuring that l’Equip is suitable for their purposes.

3.7.3. The Company reserves the right to supply equipment of a similar design to l’Equip specified.

3.7.4. All descriptions and specifications, drawings and particulars of weights and dimensions issued by l’Empresa are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract. Due to continuing development, l’Empresa reserves the right to change specifications without notice.

4. CONDICIONS APLICABLES A TOTS ELS LLOGUERS (SEC I HUMIT)
5. 1. Acceptació

Quotes will be valid for a period of 30 days from the date stated. In the event a quote is not accepted, signed and returned to l’Empresa within this period, it will be void and all prices are subject to change.

4.2. Pressupost

Quotes are developed based upon information provided by el Client and are only an estimate of Equipment and services to be provided. In the event the actual amount of Equipment, services, labour and any related merchandise provided in connection with the Esdeveniment is greater than the amount specified in a quote, el Client shall be charged for such additional Equipment, services and/or labour, at l’Empresa’s prevailing standard rates. All labour, VAT, transport, shipping /handling, personnel transportation & accommodation, per-diem and electrical charges (if applicable to the Esdeveniment) are estimated and final amounts will be charged and due upon final invoice.

4.3. Assegurança

4.3.1. The Customer agrees to pay l’Empresa the full retail cost of any Equipment lost stolen or damaged beyond economic repair (without deduction for usage wear tear or age)

4.3.2. The Customer shall insure the goods against the above liability

4.3.3. All monies received by el Client from any insurance company or third party in settlement of any claim shall be held in trust by el Client and paid to l’Empresa on demand to the extent that any such payment is due under this clause

4.3.4. The Customer shall not compromise or settle any claim without the express consent of l’Empresa

4.3.5. In the case of Equipment which is lost stolen or damaged beyond economic repair el Client shall pay a charge at the full daily rate together with interest and consequential loss until l’Equip is replaced

4.4. Finalització del lloguer

4.4.1 The Company shall be entitled to terminate the contract with immediate effect and to repossess l’Equip if at any time:
(a) The Customer is in breach of these terms; or
(b) The Customer shall take any steps or if any act or proceeding is commenced in which el Client’s solvency is in the reasonable view of l’Empresa in doubt.
Such termination shall not affect the right of l’Empresa to recover from el Client any monies due under this contract interest consequential loss or damages for breach

4.4.2 The Customer hereby authorises l’Empresa to enter upon any property, upon which l’Empresa reasonably believe any Equipment to be held and l’Empresa in their absolute discretion may recover and remove l’Equip

4.4.3 The Customer hereby authorises l’Empresa (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the Contract) to deduct any sums properly due to l’Empresa arising under a breach of these terms from any credit card debit card or charge account details of which are in the possession of l’Empresa

4.5. Cancel·lació del contracte

4.5.1 Cancellation notices must be in writing and received by l’Empresa’s representative before becoming effective.

4.5.2 The following shall apply should the customer cancel the contract:

– in the event of cancellation in writing 30 days before the beginning of hire 0% of the rental shall be due plus any expenses actually incurred by l’Empresa

– in the event of cancellation between 29 and 10 days before the beginning of hire, 50% of the contract value or the total amount of expenses incurred to that point, whichever is the greater, shall be due

– in the event of cancellation 10 days or fewer before the beginning of hire, 100 % of the contract value shall be due.

4.5.3. Where scenic, gobos of other items are designed or fabricated as part of the contract an additional cancellation fee will be applicable, regardless of the date of cancellation, to an amount equal to the direct and indirect costs incurred by l’Empresa or its affiliates in securing and/or constructing such custom materials plus a 15% administration fee.

4.5.4 Cancellation fees shall be due immediately upon any such cancellation by el Client.

4.5.5. Postponement of an agreed date shall be regarded as a cancellation.

4.6. Propietat

The Company retains all title and rights in and to l’Equip and all related accessories.

 

5. SERVEIS CREATIUS

Content production / customized media (e.g. graphics / artwork, videos, 3D visualizations etc.)

• Minor adjustments (e.g. colours, spelling mistakes etc.) are included in the costs listed in the offer. Larger adjustments / corrections, which mean an increased effort beyond the project cost calculation, shall be agreed between the parties and, if necessary, shall be charged subsequently on the basis of the applicable daily and/or hourly rates via a written supplementary order, unless otherwise agreed in writing.
• Costs for e.g. stock material/licenses, shooting(s), production/printing, courier/transport, travel costs (“third-party costs/expenses”) are only included in the offer if they are shown in the offer items. Depending on the concept/implementation, etc., additional costs may be incurred for the aforementioned expenses, if they are not already listed in the offer. In any case, external costs will be agreed upon with el Client in advance.
• If l’Empresa is requested and commissioned by el Client to use copyrighted property, which requires the obtaining of rights of use, the obtaining of rights of third parties of any kind, including the registration with the GEMA, is carried out on el Client’s own responsibility in the name and for the account of el Client. The Company will be held harmless in any case of infringement of third-party rights.
• The transfer of open work files by l’Empresa is not included and requires a separate agreement or remuneration if necessary.
• Offers and contracts contain project-specific concepts with limited rights of use. Unlimited rights of use for this are subject to a charge and shall be listed and invoiced separately in the offer. In principle, the transfer of rights of use relates exclusively to the finished product (the content/output) that was created for the client for use within the scope of the order.
• The Company is entitled to re-use project-specific concepts in its own interest, unless otherwise agreed in writing or no exclusive rights of use are agreed in writing.

 

6. CONDICIONS DE VENDA

6.1. Risc i Propietat

6.1.1. The risk in l’Equip shall pass to el Client immediately on delivery to el Client at the address shown for delivery on the contract or if el Client collects on collection

6.1.2. Property and title in l’Equip shall remain vested in l’Empresa and l’Empresa reserves the right to dispose of l’Equip until such time as the price shall have been paid in full

6.1.3. If any part of the payment is overdue or if el Client is in breach of any of these terms or if el Client or any third party shall take any steps or any act or proceeding in which in the reasonable view of l’Empresa el Client’s solvency is in doubt l’Empresa may (without prejudice to any of l’Empresa’s other rights) recover or resell l’Equip and may enter upon el Client’s or any third parties property for that purpose.

6.2. Recepció

6.2.1. The Customer or any duly authorised person on behalf of el Client shall receive and unload l’Equip and shall check the same for quantity and condition in the presence of l’Empresa’s carrier

6.2.2. Any shortage of or unsatisfactory Equipment shall be endorsed by el Client or a duly authorised person on behalf of el Client on the delivery document and el Client shall give written confirmation to l’Empresa within three days of delivery

6.2.3. No claim in respect of shortage of or unsatisfactory condition of l’Equip shall be entertained by l’Empresa unless condition 5.2.2. is observed

6.2.4. This condition does not affect the statutory rights of el Client

6.3. Preu

The price charged will be the price ruling at the time of delivery. Where this is at variance with the price quoted or inserted in the contract at the time the goods were ordered el Client will be advised prior to delivery

7. VIDEOCONFERÈNCIA I VEU/VÍDEO SOBRE IP

When l’Empresa provides audio conference and / or videoconference Equipment, l’Empresa can only be responsible for Equipment provided by l’Empresa, unless previously agreed upon. Communications with third parties via telephone or ISDN lines, communications on the Internet, or any other programs and use of accounts specific communications to carrying out the remote conference are the responsibility of the telecommunications provider, the Internet service provider, or failing that, el Client. Any connection or connection maintenance problem is beyond the control of l’Empresa and l’Empresa cannot be held responsible, unless previously agreed upon.

8. CONDICIONS GENERALS

8.1. Capacitat per Entrar en Aquest Contracte

8.1.1. The signatory to the contract warrants that they are duly authorised on el Client’s behalf to enter into the contract and hereby personally indemnifies l’Empresa against all losses and costs that may be incurred by l’Empresa if this is not the case

8.1.2 Written acceptance of a quote and/or the provision of a purchase order shall constitute the forming of a contract

8.2. Payment and Interessos

8.2.1. Customers who do not have an account open with l’Empresa must pay a deposit of 50% when signing the quote, the remaining 50% being paid no later than 30 days before the date of the event (or the provision of Equipment in the case of a rental only).
Any other agreement on the terms of payment must be approved in writing by l’Empresa at least ten days before the Esdeveniment.
Non-payment may result in the non-supply of l’Equip and services specified in the quote.

8.2.2. Where payments are not made on the due date l’Empresa will be entitled to interest on the amount that is overdue at JP Morgan Chase PLC base rate prevailing for the period for which such monies are overdue together with 4% calculated on a day-to-day basis compounded with quarterly rests.

8.2.3. The payment of such interest shall be without prejudice to any other rights or remedies of l’Empresa

8.2.4. Any legal or other charges incurred in the recovery of money or Equipment shall be paid by el Client

8.2.5. Notwithstanding any provision in these terms of business to the contrary the customer shall if required by l’Empresa pay such sum on account of the hire charges or price for goods and or services as shall be agreed at the time of placing the order

8.3. Responsabilitat

8.3.1. The Company’s liability for any defect in l’Equip shall be limited to and in no case exceed:
(a) any manufacturer’s warranty sold with l’Equip; or if there shall be none
(b) replacement or repair of the defective Equipment; or
(c) at l’Empresa’s option a refund of the price

8.3.2. Consequential losses – Nothing in these terms and conditions shall make l’Empresa liable for any consequential loss to el Client including any expense liability loss claim or proceeding whatsoever caused by or arising out of the late delivery non delivery unsuitability incompatibility or unlawful repossession of l’Equip or any part thereof or any breakdown or stoppage of the same

8.3.3. LIMITATION OF LIABILITY: Notwithstanding any other provision, l’Empresa’s aggregate liability to el Client under any circumstances shall be strictly limited to an amount equal to the actual fees paid to l’Empresa in connection with the Contract. Under no circumstances shall l’Empresa’s liability exceed such fees.

8.4. Indemnització

The Customer and l’Empresa each hereby agree to forever indemnify, defend and hold harmless the other for any and all claims, losses, costs (including 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.

8.5. Força Major

The Company’s failure to perform any term or condition of our contract as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a failure to perform their part of the hire agreement.

8.6. Danys a Persones i Propietats

Subject to 8.3. above l’Empresa shall not be liable for any loss other than that which directly arises from any injury to persons or damage to tangible property where and only to the extent that such injury or damage is caused by any defects in l’Equip and where such defect is caused by the negligence of l’Empresa

8.7. Drets Reservats

8.7.1. Any failure by l’Empresa to enforce any or all of these conditions shall not be construed as a waiver of any of l’Empresa rights hereunder

8.7.2. If any term in these conditions shall be held invalid such invalidation shall not affect the validity of the remaining terms

8.8. Termes del Contracte

These conditions have effect in substitution for and to the exclusion of any condition put forward by el Client

8.9. Entrega i Transport

8.9.1. All times quoted or stated for deliveries are approximate only shall not be liable for any delay in delivery of l’Equip howsoever caused.

8.9.2. Hire charges or sale prices do not include carriage. Any expenses incurred by l’Empresa in delivery or recovering Equipment or attempting the same will be paid by el Client

8.9.3. Where carriage charges are quoted by l’Empresa such charges will include only for the time to load or unload alongside l’Empresa vehicle at the address specified by el Client. Further time or attendance will be paid for by el Client

8.9.4 The Company reserves the right to recharge additional costs of delivery and collection including, but not restricted to, parking fines, waiting time and toll charges.

8.9.5 The Company shall not be held liable for any damage incurred to a customer vehicle when loading\unloading or for the safe and secure loading of their vehicle.

8.9.6 Where el Client makes arrangements for the delivery and collection of Equipment, el Client will be liable for loss or damage which occurs during transport of l’Equip.

8.10. Dades Personals

Personal data collected from Customers is subject to computer processing by Encore. They are recorded in el Client’s file and are essential for the processing of his order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and any applicable guarantees.
The data controller is l’Empresa. Access to personal data will be strictly limited to the employees of the data controller, authorised to process it because of their functions. The information collected may possibly be communicated to third parties linked to l’Empresa by contract for the execution of subcontracted tasks, without the authorisation of el Client being necessary.

As part of the performance of their services, third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases stated above, l’Empresa refrains from selling, renting, assigning or giving access to third parties to the data without el Client’s prior consent, unless it is forced to do so for legitimate reasons.

If the data is to be transferred outside the EU, el Client will be informed and the guarantees taken in order to secure the data (for example, adhesion of the external service provider to the “Privacy Shield”, adoption of validated protection clauses by the CNIL, adoption of a code of conduct, obtaining a CNIL certification, etc.) will be specified.

In accordance with applicable regulations, el Client has a right of access, rectification, erasure, and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, rights which he can exercise by contacting the data controller at their registered office. In the event of a complaint, el Client may send a complaint to the relevant authority.

8.11. Drets d’Autor

8.11.1. The Company notifies el Client that playing or showing copyright material in circumstances where el Client or anyone authorised by him does not hold the appropriate licence of the copyright holder, he will infringe copyright and may become liable in damages for so doing

8.11.2. The Customer by accepting delivery of sound or visual reproduction Equipment warrants that he has or will obtain the appropriate licence for the said performance playing or showing, prior to using l’Equip for the said purpose

8.11.3 The customer agrees to indemnify l’Empresa in respect of any claim for breach of copyright caused by the transmission, recording, broadcasting, rebroadcasting of audio and visual projection on behalf of el Client.

8.12. Confidencialitat

All quotes, contracts, plans and specifications provided by l’Empresa to el Client are confidential and are not to be passed to any third party for a competitive bid or any other purpose.