GENERAL TERMS AND CONDITIONS OF BUSINESS – FRANCE
The following general conditions of sale apply for the rental of equipment and for the services provided by Encore® to the customer, within the framework of an event or series of events as for a specified rental period.
Hereafter “Encore” refers to the Encore® brand and / or the company registered under the name Audio Visual Services Corporation SARL, located Lot D4-1, 99-101 Avenue Louis Roche, 92230 Gennevilliers, France. Hereafter “The Customer” designates the natural or legal person who will be invoiced for the rental of equipment and or services.
Hereafter “The Event” refers to the event for which the client must hire equipment and / or services.
Hereafter the “Event Date” is the first date of the rental or service supply period detailed in the estimate.
Hereafter “Rental” refers to the equipment and / or services that Encore has rented to the client for the period indicated in the quote.
Hereafter “Media” includes all slides, software and computer files, graphics, works, videos, films, photos and audio documents.
In accordance with article L.441-1 of the Commercial Code, these general conditions of sale will be systematically communicated to any customer who requests them.
The signature of a quote or a contract is valid for as agreement and order, implying full acceptance of the general conditions of sale described below.
1.1 QUOTE: The quote is established on the basis of information provided by the Client. It is only a quote of the equipment and services to be provided as part of the Event. During the Event, the actual quantity of equipment, services, labour and any goods supplied for the needs of the Event may be greater than the amount specified in the quote. The Customer will then be billed for additional requests for equipment, services and / or labour (as well as file and transport costs if applicable). Labour, VAT, transport, shipping / handling, staff travel and accommodation, daily allowances and electrical charges (if applicable to the Event) are estimates and final amounts will be included in the final invoice.
1.2 LABOUR COSTS: This quote, unless specified, does not include the following: Transportation and accommodation for teams, parking. All staff overtime will be billed 1.5 times the hourly rate of the position (Daily rate divided by 10) for hours worked beyond 10 a.m., and 2 times the hourly rate for hours worked beyond 4 p.m.
1.3 ACCEPTANCE: This quote will be valid for a period of 30 days from the date of the proposal, unless a different validity date is expressly indicated on the quote (“Offer valid until”). If this quote is not accepted, signed and returned to Encore within the validity period, it will no longer be valid. If the validity period has expired, a new quote will be drawn up.
No oral validation is valid for confirmation. Orders will only be confirmed upon receipt of written confirmation sent to Encore. The order must specify all needs, including adapters, tips, clips, supports, etc. Orders must be signed by a person having the power / authorisation to sign the order on behalf of the Customer. The signing of a quote or a contract is valid for agreement and order.
3. HANDLING OF THE EQUIPMENT (“COUNTER” RENTAL)
The Customer must not interfere with the equipment, their operating mechanisms or any other part. He must take precautions and use them wisely, securely and correctly, in accordance with the operating and safety instructions provided to the customer.
The Customer will immediately inform Encore of any failure, loss or damage to the equipment. The Customer must take appropriate measures to protect the equipment against theft, damage and / or other risks. The Customer acknowledges that the equipment is at all times in his possession and under his control, and agrees not to take the equipment out of the country in which it was rented without the written consent of Encore.
The equipment must be returned by the customer without delay, in good working order and cleanliness, accompanied by all the documents and accessories. When the Customer takes care of the removal and return of the equipment, he will be responsible for losses or damage occurring during transport.
4. HANDLING OF EQUIPMENT (PRODUCTION RENTAL)
On the site of the Event, Encore staff must handle all the equipment. The materials may not be used, moved, stored or repaired by the Customer or a third party without prior written authorisation from Encore. Additional fees may apply in case of non-compliance with this condition. The Customer accepts that Encore has free access to the equipment at any time before, during and / or after the Event for reasons of adjustments, maintenance and checks. Encore retains all titles and rights to the equipment and all associated accessories.
5. DAMAGE AND SECURITY
The Customer is responsible for any loss, theft or damage to the equipment, in particular by its use, misuse, accident or negligence, unless this is due to negligence by Encore.
In addition to the amounts due to Encore as part of the quote, the Customer agrees to pay to Encore, all sums incurred for loss, damage or theft, based on the costs of repairing the equipment or replacing it entirely by equivalent new equipment.
The Customer undertakes to secure the equipment on the site at his own expense.
6. DEPOSITS and PAYMENT
Customers who do not have an account open with Encore 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 Encore at least ten days before the Event.
Non-payment may result in the non-supply of the equipment and services specified in the quote.
In the event of late payment within the above-mentioned period, late payment penalties calculated at the annual rate of 5% of the amount inclusive of the rental price, will be automatically applied and automatically due to Encore, without any formal agreement or legal action.
Interest becomes due notwithstanding the fact that part of the amount is the subject of litigation or claims.
In the event of late payment, a lump sum compensation for recovery costs of 40 euros will be due as of right.
If a Rental or a service is cancelled by the customer for reasons beyond Encore’s responsibility, the following cancellation conditions will apply:
I. If the Client cancels the Event or the supply of audiovisual equipment and services more than 30 days before the first day of the Event, only costs related to pre-production services or personalised orders will be invoiced to the client, with a minimum of 20% processing fee. Any deposit paid will be fully refundable after deduction of these costs.
II. Cancellations occurring between 30 and 8 days before the Event will entail cancellation costs of 50% of the value of the quote, or costs incurred by Encore by the day of cancellation if they are greater than 50% of the confirmed quote.
III. In the event of cancellation within 7 days before the Event, the total amount of the quote will be invoiced and due by the Customer.
ALL CANCELLATIONS MUST BE ADDRESSED TO US IN WRITING BY RECOMMENDED LETTER WITH ACKNOWLEDGMENT OF RECEPTION OR BY OWN CLEARANCE GIVEN BY A ENCORE REPRESENTATIVE, BEFORE BECOMING EFFECTIVE.
8. CUSTODY AND MAINTENANCE OF THE EQUIPMENT
The Customer is responsible for the custody of all the equipment provided. If equipment is lost, stolen, destroyed or damaged then the Customer must compensate Encore. This compensation may go up to the total cost of replacing the equipment with equivalent new equipment. A valid insurance certificate sufficient to cover the total amount must be provided by the Customer before the Rental.
In special circumstances, Encore will provide insurance up to 12.5% of the rental to cover loss or damage. The excess is six hundred euros in the event of loss or damage. The insurance does not cover losses caused during transport (even in a locked vehicle and under alarm), nor damage caused to equipment not transported in its supplied packaging. Any loss, theft or damage must be reported to Encore and the Police within 24 hours. Failure to report to the police within this 24-hour period invalidates the insurance. A full written report must be sent to Encore within 72 hours detailing the circumstances of the incident. Failure to guard the equipment will invalidate the insurance. In addition, rental costs for lost, stolen, destroyed or damaged equipment must be paid and continue until full payment of the aforementioned compensation and / or any other costs. Encore reserves the right to exercise this clause and to settle any dispute at its sole discretion.
9. RECOVERY OF LEASED EQUIPMENT
The Client accepts that a Encore representative may enter the premises where Encore equipment is arranged for the recovery of the equipment at the end of any Rental period. With regard to premises not occupied or under the control of the customer, the latter undertakes to take steps to authorize Encore to enter the premises. The Customer will compensate Encore for the costs occasioned when the equipment is returned.
The Client and Encore each undertake to indemnify, defend and compensate the other party from any claim, loss, cost (including solicitor’s fees), damage and / or prejudice to property and persons (including in the event of death) as a result of acts of negligence, errors or omissions by each party and their respective employees, agents, representatives and subcontractors.
11. LIMITATION OF LIABILITY
Notwithstanding any other provision, Encore’s overall responsibility towards the Customer will, under any circumstances, be strictly limited to the amount excluding taxes paid to Encore in connection with the Event and may not exceed this amount.
Under no circumstances will Encore be liable for indirect, contracted, or other damages (including, but not limited to, loss of profits, interest, gain or use) in connection with the event.
12. EQUIPMENT DYSFUNCTION
Encore maintains its equipment in accordance with the manufacturer’s specifications and professional recommendations. Encore does not however guarantee that the material or services provided will be free from defects, malfunctions or errors on the part of the user. In the event of a malfunction during the event for any reason whatsoever, the Client undertakes to immediately inform a Encore representative. Encore will try to remedy the problem as quickly as possible so that the event is not interrupted. The Customer accepts and acknowledges that Encore assumes no responsibility for loss, cost, damage or injury caused to persons or property in connection with the event, resulting from defective equipment or other.
13. VIDEO CONFERENCE & VIDEO / VOICE OVER IP
When Encore provides audio conference and / or videoconference equipment, Encore can only be responsible for equipment provided by Encore, 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, the Customer. Any connection or connection maintenance problem is beyond the control of Encore and Encore cannot be held responsible, unless previously agreed upon.
14. PERSONAL DATA
Personal data collected from Customers is subject to computer processing by Encore. They are recorded in his Customers 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 Encore. 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 the company by contract for the execution of subcontracted tasks, without the authorisation of the 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, Encore refrains from selling, renting, assigning or giving access to third parties to the data without the Customer’s prior consent, unless it is forced to do so for legitimate reasons.
If the data is to be transferred outside the EU, the Customer 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, the Customer 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 the following postal address: Lot D4-1, 99-101 Avenue Louis Roche, 92230 Gennevilliers, France. In the event of a complaint, the Customer may send a complaint to the Delegate for the protection of personal data of the Supplier of the National Commission for Data Protection.
All quotes, contracts, plans and specifications supplied to the Customer by Encore are confidential and must not be transmitted to third parties, to establish a competitive offer or for any other purpose.
16. INTELLECTUAL PROPERTY
The Client agrees to indemnify Encore with respect to any claim for copyright infringement resulting from the transmission, recording, broadcasting, re-broadcasting of audiovisual projections on behalf of the customer.
17. FORCE MAJEURE
Encore’s non-compliance with the terms and conditions of this Contract due to conditions beyond its control, such as war, strikes, fires, floods, natural disasters, force majeure, government restrictions, power outages current, damage or destruction of network or server installations, will not be considered as a failure to fulfil its contractual obligations.
18. APPLICABLE LAW
These Conditions are governed by the laws in force in France. Any disputes that may arise between Encore and the Customer will be subject to the jurisdiction of the commercial courts under the Court of Appeal of the place of the Encore head office.