These Terms and Conditions ("TERMS") are made and effective by and between LexiconUSA ("LEXICON") and ("Hirer") . LEXICON desires to provide to Hirer, and Hirer desires to hire from LEXICON certain equipment, interpretation services, recording and translation services, and technical support (the "Goods") as indicated on Itemized Event Contract No. (the “Contract”)..
THE FOLLOWING ARE THE STANDARD TERMS AND CONDITIONS TO BE APPLIED TO ALL EQUIPMENT AND SERVICES SPECIFIED IN THE CONTRACT
1. LOCATION. Location is described in the above-referenced Contract.
2. PRICE. Subject to cancellation provision contained herein, Hirer shall pay LEXICON the sum as indicated on the Contract (the “Hire Price”). HIRER shall make a fifty percent (50%) payment upon booking event and balance payment of the Hire Price in full by first day of the event. No event is booked without deposit. Additional charges will become payable for any additional equipment or labor that may be required due to any delays, expanding program needs, additional time or unforeseen needs that arise once the job has begun. Hirer is responsible for all meals, travel, accommodations and incidentals of interpreters and technicians.
3. NO TRANSFER OF TITLE. Title to and ownership of the Goods remains with LEXICON, even when Goods are in the possession and use of Hirer. The equipment is and shall remain the property of the LEXICON, and the Hirer shall have no right, title or interest therein or thereto except as expressly set forth in these TERMS. These TERMS are not intended to affect a sale of the above-described property or to secure a purchase thereof.
4. REQUIREMENTS. Hirer will provide LEXICON with a balanced “Line” feed of the entire audio presentation. Hirer will provide a riser no less than eight feet (wide) by six feet for each booth, one six foot by 30- inch table with two chairs for each booth and one, three or six foot table for monitoring equipment. Hirer will provide a 15-20Amp 110VAC electrical outlet/drop. Hirer will have location room available at least three hours prior to start of function for setup and testing of equipment. More time will be needed for events requiring more than two LB200 booth set ups or fully encapsulated booths.
4a. PREPARATION MATERIALS. When LEXICON is to provide interpreters, Hirer will provide LEXICON with copies of all speeches, presentations, Powerpoint slides, handouts, glossaries, agenda, and company literature relating to event for interpreters to prepare for event and to familiarize themselves with subject, vocabulary, terminology, and general intent of event. All information must be provided at least fifteen (15) days in advance of event. In the case that event is booked with less than fifteen (15) days in advance of event, Hirer will provide said information as promptly as possible. Failure to provide timely preparation materials may affect quality of interpretation.
4b. EQUIPMENT SECURITY: EQUIPMENT WILL BE IN THE POSSESION OF HIRER. HIRER IS RESPONSIBLE FOR SECURITY OF EQUIPMENT AT ALL TIMES INCLUDING DURING TRANSPORTATION. LOST, DAMAGED OR STOLEN EQUIPMENT IS SUBJECT TO REPLACEMENT VALUE CHARGES AND WILL BECOME PAYABLE IMMEDIATELY. DAILY RENTAL CHARGES WILL BECOME PAYABLE UNTIL DATE ALL LOST, DAMAGED OR STOLEN EQUIPMENT IS RETURNED OR PAID FOR IN FULL.5. CANCELLATION:CANCELLATION FEES FOR CANCELING CONTRACT ARE AS FOLLOWS: 0 - 5 BUSINESS DAYS 100% OF CONTRACT PRICE PLUS EXPENSES 6 - 10 BUSINESS DAYS 50% OF CONTRACT PRICE PLUS EXPENSES 11 - 12 BUSINESS DAYS 10% OF CONTRACT PRICE PLUS EXPENSES OVER 12 BUSINESS DAYS, EXPENSES ONLY
5. USE/INSPECTION. Hirer shall use the equipment in a careful and proper manner and shall comply with and conform to all laws, ordinances and regulations relating to the possession, use, or maintenance of the equipment. Without LEXICON’s prior written consent, Hirer will not lend the equipment or any part thereof, or allow it to be used by other than by the Hirer’s meeting attendees or employees. LEXICON shall have the right to enter the premises where the equipment is located for the purposes of inspecting the same or observing its use. If Hirer rents equipment without engaging a LEXICON audio technician, LEXICON agrees to deliver equipment at least one business day in advance, time permitting, and Hirer agrees to cause the equipment to be connected, tested and verified prior to the event; further, Hirer agrees to report to LEXICON if its audio technician experiences connectivity or operational issues, and LEXICON agrees to provide tech support. Hirer’s decision to forego use of the equipment for any reason does not extinguish its obligations to pay the Contract price.
6. LOSS & DAMAGE: STIPULATED VALUE. Hirer hereby assumes the entire risk of loss and damages to the equipment from any and every cause whatsoever. In the event of loss or damage to any item of equipment,
Hirer agrees to pay the following stipulated values as replacement charges, including all shipping and transportation relating to the replacement equipment, in accordance with the schedule set forth below.
REPLACEMENT VALUES ($USD):
Portable Transmitter $985
Tabletop Booth 5,000
Emitters (IR Only) $5,000
Transmitters (IR ) $7,500
FM Receivers $300
Transmitters (RF ) $1,500
Lapel Microphone $1,500
Discussion Microphones $2,500
Discussion Controllers $5,000
Wireless Hand-held Microphone $2,500.00
Headphones $25
Digi-Wave Receiver $500
Complete list available upon request
An itemized invoice showing the actual cost of replacement equipment will be provided, and Hirer will be required to reimburse LEXICON within five (5) business days of loss.
6a. LATE FEES FOR LIVE EVENTS: Should any lost equipment be recovered after the event, Hirer shall be responsible for packaging and shipping the equipment to LEXICON at its expense. Upon receipt of the equipment in an undamaged condition, LEXICON will reverse the replacement invoice and issue a new invoice charging for late return only. If Hirer has not paid the replacement invoice before the equipment is recovered and returned, LEXICON will reverse the replacement invoice and charge per diem late fees which can exceed the replacement values specified above. Late return charges are calculated at the per diem rate for the equipment (as rental times the number of days between the event and the return dates.
6b. LATE FEE FOR RENTALS: Late returns are charged the daily rental fee of each piece of equipment that has been rented for every calendar day the equipment is past due to be received in our offices. Should any lost equipment be recovered after the event, Hirer shall be responsible for packaging and shipping the equipment to LEXICON at its expense. Upon receipt of the equipment in an undamaged condition, LEXICON will reverse the replacement invoice and issue a new invoice charging for daily late return only. Late return charges are calculated at the per diem rate for the equipment (e.g., each item daily rental rate is multiplied by the number of days between the due date and the day equipment is received in our offices).
7. CANCELLATION POLICY. Cancellation fees for canceling of contract before first day of service are as follows: Within 0-5 business days, 100% of contract amount plus any actual costs incurred (i.e., freight, shipping, travel, hotels, etc ); Within 6-10 business days, 50% of contract amount plus any actual costs incurred; Within 11-12 business days, 25% of contract amount plus any actual costs incurred; and Over 12 business days, 10% of contract price or $250 (whichever is greater), plus any actual costs incurred. TERMS Page 2 of 2
8. NON-WARRANTY. LEXICON makes no warranties, either expressed or implied, as to any matter whatsoever, including, without limitation, the merchantability or fitness of this equipment for any purpose other than that specified in the Contract. LEXICON specifically does not warranty equipment functionality if the event involves self-installation. Event conditions which prevent satisfactory operation of the equipment do not relieve Hirer of his responsibility to pay and return equipment to LEXICON in as good condition as it was at the effective date of the lease, natural wear from a responsible use excepted.
9. INDEMNITY. Hirer shall indemnify LEXICON against, and hold harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including, without limitation, the manufacture, rental, possession, use or operation thereof.
10. SECURITY. As security for the payment of the services and/or rental in the performance of all provisions hereof, Hirer has placed a credit card on file with LEXICON and authorizes all charges incurred under these TERMS to be charged against the credit card on file, including stipulated replacement values, shipping and transportation costs, and any late charges.
11. NON-WAIVER. No covenant or condition hereof can be waived except by written consent of LEXICON. Forbearance by LEXICON in any regard shall not constitute a waiver of the covenants or conditions to be performed by Hirer.
12. GOVERNING LAW. These TERMS shall be construed and enforced according to laws of the State of California. Hirer agrees to submit to the jurisdiction of the Superior Courts of the State of California, San Diego County.
13. HEADINGS. Headings used in these TERMS are provided for convenience only and shall not be used to construe meaning or intent.
14. FINAL TERMS. These TERMS terminate and supersede all prior understandings or TERMS on the subject matter hereof. Only a further writing that is duly executed by both parties may modify these TERMS.
15. ENFORCEMENT OF TERMS. In the event that LEXICON must initiate collection efforts to recover outstanding fees due and owing under the Contract and/or these TERMS, Hirer understands and agrees that it will be liable for all attorneys’ fees, court costs, statutory interest from the date of default, and any other expenses should LEXICON prevail in its collection efforts.
16. SEVERABILITY. If any TERMS of this TERMS is held by a court of competent jurisdiction to be invalid or unenforceable, then these TERMS, including all the remaining TERMS, will remain in full force and effect as if such invalid or unenforceable TERMS had never been included.
IN WITNESS WHEREOF, the parties hereto have caused these TERMS to be executed as of the date contract and TERMS submitted.