Metro Multimedia Terms and Conditions:
Services:
This contract issued by MetroMultimedia (referred to as "MetroMultimedia") represents a description of services ("Services") to be provided and the rental of the equipment/accessories unless line items are specifically noted in the contract as a sale of equipment or consumable item.TheTerm of this agreement shall commence on the date of shipment of the equipment and shall continue until the equipment is received back at MetroMultimedia in the condition in which it was received by Client, subject to normal wear and tear.
MetroMultimedia expressly rejects any of Clients forms or other documents submitted by Client which are containing contrary terms and conditions.Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by MetroMultimedia.
Payment Terms:
Standard terms from MetroMultiMedia assuming acceptable credit review are net 15 days from invoice. MetroMultimedia will consider extension of payment terms upon credit review. MetroMultimedia may require a deposit based on scope and nature of event.
Any final balance due to MetroMultimedia for Services rendered or Equipment rental shall be paid according to the final negotiated terms afforded in the signed proposals/quotes and final invoice.
Any invoice not collected as per the terms shall forfeit all discounts given in the original proposals/quotes and reflected in the final invoice. MetroMultimedia retains the right to add interest to unpaid balances, at the highest rate allowed by law.
Compliance with Law:
Client shall comply with all laws, ordinances and regulations in anyway relating to the use, operation, or maintenance of the Equipment.
Power Requirements:
Client is responsible for all power service and associated fees charged by venue location.
Location:
The Equipment shall be used only at the locations shown on the attached quote and shall not be removed from these locations without the prior written consent of MetroMultimedia.
Additional Charges/ Equipment
Client is responsible for any additional union and trade labor required by the venue, such as, riggers, carpenters, etc. Any loading, drayage or related fees shall be arranged stagehands, electricians, with the show venue and are the responsibility of the Client.Clientis responsible for providing any and all equipment needed for installation or dismantle such as forklifts and genie lifts, and for providing all necessary electrical service. Venue will be required to provide stage risers and podiums unless otherwise noted in the contract.
Labor:
Labor is quoted as an estimate based upon existing State/ Local labor regulations, venue location, and prevailing collective bargaining agreements(UnionRegulations),as applicable and in effect at the time of the event.Not withstanding this section,all labor will be paid in accordance with the applicable law.
Inspection of Equipment:
At all times, MetroMultimedia shall have the right to inspect the Equipment or observe its use.
Storage of Equipment:
Client agrees to provide Metro Multimedia with a secure re-keyed storage are a foraging back-up and additional meeting room equipment. Space must be adequate to store all Equipment.
Alterations:
Client shall not make any alterations,additions or improvement to the Equipment without the prior written consent of MetroMultimedia. Property labels shall not be removed.
Delay of Transportation:
If MetroMultimedia Trucks are detained for more than 4 hours beyond the direct control of MetroMultimedia,the Client may be responsible for additional trucking surcharges.
Permitting and Licensing:
Client is responsible for any required permits and licensing from any venue,municipal,state or federal agency.Applicable music/media licensing fees (ASCAP/BMI) associated with performance royalties are the responsibility of the Promoter/ Producer/ Client.
MetroMultimedia is not responsible for installation of illegal or improperly licensed software on MetroMultimedia Rental computers.
Security:
Should Equipment be set up and left unattended overnight,dedicated security shall be hired to protect MetroMultimedia Equipment. Client is 100% responsible for Equipment placed in the venue from load in to load out including replacement or reimbursement, at MetroMultimedia's discretion, of Equipment missing, damaged or destroyed during MetroMultimedia's absence. Client shall be responsible for all other reasonable costs incurred by MetroMultimedia including extra rental charges due to on site replacement of Equipment.An extra rental charge may occur due to on site replacement of stolen Equipment.
Loss and Damage:
Client agrees to completely reimburse MetroMultimedia for the cost of any repairs(including charges of shipping,labor and parts)which are necessitated by any damage to the Equipment occurring during the Rental Period including but not limited to damage due to water corrosion, unauthorized internal adjustments, unauthorized repairs, rain, humidity, fog machines, burned in images on display devices, willful or neglectful misuse, or fraudulent and dishonest acts except for damage which, in the sole judgment of MetroMultimedia, is due to ordinary usage.Additionally, if any or all of the Equipment is damaged beyond repair, or is lost or stolen during the Rental Period, Client agrees to reimburse MetroMultimedia for the full cost of replacing such Equipment. Client further agrees to be responsible for rental costs of the Equipment until such time as the Equipment is replaced or repaired.Acceptance by MetroMultimedia of the return of any Equipment shall not be deemed a waiver by MetroMultimedia of any claims which MetroMultimedia may have against the Client under this paragraph.
Indemnity:
Client expressly agrees to indemnify,defend and hold harmless MetroMultimedia,from and against any and all claims or loss arising out of any violation of any law, rule, regulation or order, and from any and all claims or liabilities, including reasonable attorney’s fees, for loss, damage or injury to persons or property of whatever kind or nature arising from the use or operation of the Equipment herein rented, or from the negligence or carelessness of the agents or employees of Client. Client shall not be obligated to indemnify MetroMultimedia to the extent a loss,damage or injury arises from the gross negligence or willful misconduct to MetroMultimedia.Client shall notify MetroMultimedia promptly of any accident involving the Equipment.
Insurance:
Client agrees to insure the Equipment at all times during this Agreement. Client shall carry a comprehensive broad form, general liability policy providing for combined bodily injury and property damage and contractual liability based on the obligations of the indemnity provision herein, with limits no less than $2,000,000; workers compensation insurance in statutory limits; and a property policy, covering the Equipment, under an all-risk policy in an amount not less than the full, current this section shall be at Client's sole expense and shall contain an endorsement naming MetroMultimedia, its parent, affiliates, subsidiaries and each of their members, managers, directors, employees and agents as Additional Insured and Loss Payee, as applicable. Evidence of this insurance must be received by MetroMultimedia prior to the Equipment being delivered, as the case may be. Delivery shall not commence until receipt by MetroMultimedia of the required evidence of insurance. MetroMultimedia acknowledges and agrees to name such other parties as additional insureds (such as the venue, landlord or owner of venue site,or promote or the like) who are required to be named as such by MetroMultimedia in order for MetroMultimedia to enter such site and perform its work at such site.
Warranty:
Quotation is not valid and binding until assigned quote and deposit is received by MetroMultimedia.MetroMultimedia reserves the right to replace any Equipment listed above with equivalent or better equipment. Client acknowledges and agrees that MetroMultimedia makes no warranty, express or implied, regarding the Equipment, including without limitation, any warranty of merchantability or fitness for any particular purpose. MetroMultimedia's obligation to Customer shall be limited to the repair or replacement of Equipment which is defective when delivered to Client and Client agrees that this shall be its sole and exclusive remedy.
Limits of Liability:
Neither party shall be liable to the other for special, consequential or incidental damages, including loss of profit or revenue or loss of reputation relating to this agreement. Notwithstanding the foregoing, the liability of MetroMultimedia shall be limited to the maximum amount and to the extent covered by MetroMultimedia’s insurance policies that respond to such loss. If a loss is not covered by insurance,MetroMultimedia’s total liability under this agreement is limited to the value of the fees paid to date of the loss for the event.
Pricing:
This proposal/quote is copyrighted.The Equipment,pricing,and terms within this proposal are for the sole use of the Client listed above. The information contained herein is confidential and proprietary to MetroMultimedia., its parent, affiliates and subsidiaries. Client agrees to treat the financial information and other information (collectively the _Information_) as strictly confidential. MetroMultimedia shall remain the sole and exclusive owner of all Information. Client understands and agrees not to share or use, or authorize any use of such Information for any purpose whatsoever without express written consent by MetroMultimedia. Client agrees to keep as confidential all terms hereunder relating to MetroMultimedia contract, pricing, discount, or payment.
Cancellation:
In the event of a cancellation,Deposits are NonRefundable.Cancellation within 7 days of the event date:100% of the proposal amount is due. Cancellation between 7 and 21 days of the event date: 75 % of equipment rental is due.
Assignments:
This Rental Agreement and/or the Equipment may not be assigned,transferred,pledged,sublet or lent by Client to anyone without prior written consent of MetroMultimedia.