PRODUCTION TECHNOLOGIES PTY LTD
TERMS & CONDITIONS OF ENGAGEMENT
Client - any person, body corporate or entity that engages Production Technologies Pty Limited
Production Technologies - Production Technologies Pty Limited ABN 32 145 344 252
Production Technologies Crew - Production Technologies permanent employees, casual employees and contractors
Services - any services described in a quote or invoice by Production Technologies to Client
FORMATION & SCOPE OF CONTRACT
Any quotation or estimate issued by Production Technologies is not and will not
be construed as an offer capable of acceptance by the Client.
A contract for the supply of services by Production Technologies will be formed
upon written confirmation by Production Technologies of an order; the client will
then be bound by these terms.
Your confirmation/booking of Production Technologies products & services,
as proposed in your project proposal document or quotation, is confirmed on
receipt of this agreement. Production on your project commences only after a
copy of this signed terms & conditions agreement is received.
Payment must be made to Production Technologies as per the agreed payment
terms outlined in this agreement or on separate quotation.
Without prejudice to any of its other rights, powers or remedies, Production
Technologies may cancel an order for the provision of Services if the Client has
not paid deposit, instalments or settlement by the due date for any or all services
provided by Production Technologies, or if the Client defaults on any of its
obligations under these Terms.
Production Technologies have a current Public and Product Liability Insurance
policy covering $20,000,000.00. For any nominated insurance indemnification
the client must request these 14 days prior to the event installation date.
Outside of Production Technologies duty of care, Insurance against theft or
damage to equipment whilst on site is the responsibility of the client.
Adequate security measures for event location is the responsibility of the client
and details should be provided to Production Technologies.
Cancellations outside of 14 days of event result in no cancellation fee
Cancellations between 7 - 14 Days result in 25% of total quote payable
Cancellations between 3 - 7 Days result in 50% of total quote payable
Cancellations within 1 - 3 Days of event result in 75% of total quote payable
Cancellations within 1 Day (24Hrs) of event result in 100% of total quote payable
CLIENTS WARRANTY & ACKNOWLEDGEMENT
The Client warrants that it holds all necessary licenses; authorities and consents
and Production Technologies provision of the Services in accordance with the
Client’s instructions will not breach the law or the rights of any person, business
STANDARDS / QUALITY ASSURANCE
Production Technologies will provide the services:
- In a timely manner.
- To a degree of quality equal to or higher than applicable industry
standards for similar services.
- Using suitably qualified, licensed and experienced
Production Technologies crew.
- In conformance with any service qualifications set out in
the confirmed order.
INDEMNITY & LIABILITY
(Limited to events where the client or their 3rd party contractors are considered negligent)
Each party indemnifies the other party, and its employees, agents and subcontractors
from and against any and all direct losses, damages, liabilities,
claims and expenses (including legal costs) incurred or suffered by the
Indemnified Party, arising from a breach of any obligation of the Indemnifying
Party under these terms, or the terms of a quote, invoice or order, provided that
the liability of the Indemnifying Party under this clause is reduced to the extent to
which such loss, damage, liability, claim or expense arises directly from the error,
omission, negligence, fraud or wilful misconduct of the Indemnified Party.
To the maximum extent permitted by law, neither party will be liable to the other
in any circumstances for any indirect, special or consequential loss or damage,
or in any event for any loss of revenue, loss of operating time, loss of use,
business interruption, loss of profit or lost opportunities, including opportunities to
enter into or complete arrangements with third parties.
ADDITIONAL FEES & CHARGES
Production Technologies have outlined in agreed quotation, the estimated or
instructed schedule for equipment, crew and staff on site – any additional
hours or requirements will be billed additionally at the conclusion of the project
following notification and approval by the client. The client has the right to
request a progress report of this at any time.
Production Technologies have outlined in agreed quotation, the estimated
expenses required to complete the project (sundries, airfares, travel,
accommodation, consumables). Any additional expenses beyond this estimate
will be billed
INCLUSIONS & EXCLUSIONS
Unless instructed and included in quotation, Production Technologies does not
include the below as part of project submission:
- Crew Amenities / Flights / Accommodation / Parking / Transfers
- Mains Power Supply / Generators / Distribution / Electricians
- Equipment Freight / Carnet / Clearances / Transfers
- Local Council or Venue Permits / Permissions
- Music & DJ Equipment / Backline
- Structural Services / Engineering
- Internet / Networking / Data
- Staging Equipment / Draping
- Weatherproofing Material / Security
- Access / Plant Equipment
- Site Security Services
- Site Safety Services
- Cleaning Services
OWNERSHIP & INTELLECTUAL PROPERTY
All design, planning and management work is the exclusive property of
Production Technologies – Without prior written consent no documentation
produced by Production Technologies is to be distributed beyond the person or
company engaged in this agreement.
WAIVER OR ALTERATION
No waiver or alteration of these Terms will be binding upon Production
Technologies unless a duly authorised manager of Production Technologies
agrees in writing.
These terms are governed by and are to be interpreted in accordance with the
laws of New South Wales.