Terms and Conditions

PRODUCT RENTAL TERMS

PAYMENT TERMS 

• All quotes are in USD unless otherwise specified. 
• Visa, MasterCard, American Express, Discover, ACH, and Domestic & International Wires accepted. 
• 50% deposits are required, payment in full at least 72 prior to rental delivery date.
• Approved credit accounts must be accompanied by purchase order. 

USA SALES TAX / FOREIGN DUTIES & TAXES 

• Smartstage collects sales tax in Nevada and is subject to Change. 
• For tax-exempt, a sale certificate must be provided. 

ESTIMATE / QUOTE 

• Estimate valid for 30 days unless otherwise stated. 
• Additional fees apply for credit cards. Please advise when confirming the order. 
• Delivery cost is estimated and subject to change. 
• Product availability NOT guaranteed unless confirmation is confirmed. 

SHIPPING/DELIVERY/SHORTAGES POLICY 

• It is the RECEIVER’S responsibility to fully inspect the shipment upon delivery BEFORE signing waybill. 
• Buyer must have the opportunity to adequately inspect goods at time of delivery. 
• Buyer must notify Smartstage within 24 hours of any damages or shortages. 

DAMAGES 

• All product leaving has been inspected by Smartstage. 
• ANY damage or lost/missing items identified, it is receiver’s responsibility to make a note of the damage or loss on the delivery document. 
• Drivers may rush you to sign, but you have the right to inspect the box/shipment for apparent damage within a reasonable amount of time. 
• If there is nowhere to note damage on the delivery document or electronic device you have the right to refuse delivery; contact Smartstage immediately. 
• By signing for delivery, receiver is stating that all items are received as ordered and as shipped, in good condition. 
• ALL CLAIMS ARE VOID if damage occurs and NO NOTATION is made on the delivery document. 

RETURN INSPECTION 

• The customer is responsible for returning goods unless otherwise states in quote. 
• Once items are received and inspected, only then the Buyer’s obligations are complete. 

INSTALL/DISMANTLE FEES

• Additional scope is billed at an hourly rate, as follows, but not limited to:
• Delays caused by client or other trades.
• Unforeseen site conditions or logistic complications

PRODUCT PURCHASE/SALE TERMS

PAYMENT TERMS

• All quotes are in USD unless otherwise specified. 
• Visa, MasterCard, American Express, Discover, ACH, and Domestic & International Wires accepted. 
• Orders received without full payment must be authorized. These authorized orders must be accompanied by purchase order.

USA SALES TAX / FOREIGN DUTIES & TAXES

• Smartstage collects sales tax in Nevada and is subject to Change. 
• For tax-exempt, a sale certificate must be provided. 
• Outside USA, Contact Us.

ESTIMATE / QUOTE

• Estimate valid for 30 days unless otherwise stated. 
• We match and beat any price of a comparable product. 
• Additional fees apply for credit cards. Please advise when confirming the order. 
• Delivery cost is estimated and subject to change. Transit time is not guaranteed and does not include the day of pickup, holidays or weekends.

SHIPPING POLICY

• Most orders will be processed within 3-10 business days, depending on the size of the order and if ordered products are in stock. All seating is 10-12 weeks lead time as they are custom made to order. 
• Holidays, Saturdays, and Sunday’s are not considered business days. 
• Delivery business days are estimated. Actual delivery time may vary from shipping estimator results. 
• Shipping costs are only estimated for US & Canada. International shipping is available. 
• Hawaii and some rural locations may require additional delivery time and additional charges. 
• Smartstage is not responsible for shipping or other delays caused by events beyond our control. 
• Smartstage will not be liable for any costs incurred if delivery does not arrive on the scheduled delivery date. 

DAMAGES or SHORTAGES

• All product leaves our factory in ‘new’ condition unless otherwise stated. 
• It is the RECEIVER’S responsibility to fully inspect the shipment upon delivery BEFORE signing waybill. 
• ANY damage or lost/missing items identified, it is receiver’s responsibility to make a note of the damage or loss on the waybill. 
• Drivers may rush you to sign, but you have the right to inspect the box/shipment for apparent damage within a reasonable amount of time. 
• If there is nowhere to note damage on the waybill or electronic device you have the right to refuse delivery; contact Smartstage immediately. 
• If the shipment is damaged in any way it is receiver’s responsibility to notify Smartstage within ONE business day – ALL carriers typically require claims be submitted within a few days from delivery. 
• By signing for delivery, receiver is stating that all items are received as ordered and as shipped, in good condition. 
• ALL CLAIMS ARE VOID if damage occurs and NO NOTATION is made on the waybill.

RETURN POLICY

• Please do not return without authorization from Smartstage. Any return without authorization will be declined. 
• You may return new and unused items within 30 days of delivery date. The delivery date is determined by the tracking information provided. 
• The customer must obtain an RMA (return merchandise authorization) by filling out and submitting The Return Request Form and must ship the item back within 2 weeks after receiving the RMA. 
• There may be a 20% restocking fee applied to all qualified returns. 
• Shipping and handling charges are non-refundable. 
• The customer is responsible for return shipping costs. We recommend shipping via an insured, trackable method. 
• Items must be returned in the original box and/or packaging with a copy of the original invoice. 
• Once a returned item is received and inspected, any applicable refunds will be processed and a credit will be applied to the original method of payment within 7-10 business days.

3 YEAR WARRANTY

• See below for full warranty terms. 
• See warranty page for claims/returns.

SMARTSTAGE GENERAL TERMS AND CONDITIONS

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DEFINITIONS:

In these Terms and Conditions of Sale or Rental of Products and Equipment, “Seller” means Smartstage Ltd. of Nevada.; “Buyer” means the person, firm, company or corporation by whom the order is given.

THE INVOICE, AGREEMENT, CONTRACT OR BID:

All orders must be in writing and are accepted subject to these Terms and Conditions of a Sale or Rental. No terms or conditions put forward by Buyer and no representations, warranties, guarantees or other statements not contained in Seller’s quotation or Acknowledgement of Order nor otherwise expressly agreed in writing by Seller shall be binding on Seller. The Invoice, Agreement, Contract, Rental or Bid shall become effective only upon the date of acceptance of Buyer’s order on Seller’s Acknowledgement of Order or upon the date of fulfilment of all conditions precedent stipulated in the Estimate, Contract, Agreement or Bid, whichever is the later (the “Effective Date “). If the details of the Goods/Services described in Seller’s quotation differ from those set out in the Acknowledgement of Order Form the latter shall apply. No alteration or variation to the Invoice, Agreement, Contract or Bid shall apply unless agreed in writing by both parties. However, Seller reserves the right to effect minor modifications and/or improvements to the Goods before delivery provided that the performance of the Goods is not adversely affected and that neither the Invoice, Agreement, Contract or Bid Price nor the delivery date is affected. 

VALIDITY OF QUOTATION AND PRICES:

Unless previously withdrawn, Seller’s quotation is open for acceptance within the period stated therein or, when no period is so stated, within thirty days after its date. Prices are firm for delivery within the period stated in Seller’s quotation and are exclusive of (a) Sales Tax or Value Added Tax and (b) any similar and other taxes, duties, levies or other like charges arising outside USA in connection with the performance of the Invoice, Agreement or Contract. Prices (a) are for Goods/Services delivered to Seller’s shipping point, exclusive of freight, insurance and handling unless otherwise stated in the Seller’s order confirmation. Prices are subject to change without notice. Prices listed or found online but not limited to smartstage.com or third-party sites may not always be current. Always check with a Smartstage sales associate for the latest pricing. 

PAYMENT:

Payment shall be made: (a) in full without set-off, counterclaim or withholding of any kind (save where and to the extent that this cannot by law be excluded); and (b) in the currency of Seller’s order confirmation prior to shipping unless otherwise specified by Seller’s Finance Department. Without prejudice to Seller’s other rights, Seller reserves the right to: (i) charge interest on any overdue sums at 4% above the base lending rate of United States prime rate (or such higher rate stipulated by applicable law) during the period of delay; (ii) suspend performance of the Contract or Bid (including withholding shipment) in the event that Buyer fails or in Seller’s reasonable opinion it appears that Buyer is likely to fail to make payment when due under the Contract or Bid or any other contract; and (iii) at any time require such reasonable security for payment as Seller may deem reasonable. 

DELIVERY PERIOD:

Unless otherwise stated in Seller’s order confirmation, all periods stated for delivery or completion run from the Effective Date and are to be treated as estimates only not involving any contractual obligations. If Seller is delayed in or prevented from performing any of its obligations under the Invoice, Agreement, Contract or Bid due to the acts or omissions of Buyer or its agents (including but not limited to failure to provide specifications and/or fully dimensioned working drawings and/or such other information as Seller reasonably requires to proceed expeditiously with its obligations under the Invoice, Agreement, Contract or Bid), the delivery/completion period and the Invoice, Agreement, Contract or Bid Price shall be adjusted accordingly. 

FORCE MAJEURE:

Force Majeure of any kind, unforeseeable production, traffic or shipping disturbances, war, acts of terrorism, fire, floods, unforeseeable shortages of labor, utilities or raw materials and supplies, strikes, lockouts, acts of government, and any other hindrances beyond the control of the party obliged to perform which diminish, delay or prevent production, shipment, acceptance or use of the goods, or make it an unreasonable proposition, shall relieve the party from its obligation to supply or take delivery, as the case may be, as long as and to the extent that the hindrance prevails. If, as a result of the hindrance, supply and/or acceptance is delayed by more than eight weeks, either party shall have the right to cancel the Invoice, Agreement, Contract or Bid.

DELIVERY, RISK & TITLE:

Unless otherwise expressly stated in the Invoice, Agreement, Contract or Bid, the Goods/Services will be delivered to the destination named in the Invoice, Agreement, Contract or Bid. Risk of loss of or damage to the Goods shall pass to Buyer upon delivery as aforesaid and Buyer shall be responsible for insurance of the Goods after risk has so passed. Claims for shortfalls in quantity or for incorrect delivery shall be void if made more than 14 days after receipt by the customer. 

DEFECTS AFTER DELIVERY:

Seller warrants (i) subject to the other provisions of the Invoice, Agreement, Contract or Bid, good title to and the unencumbered use of the Goods; (ii) that Goods manufactured by Seller and/or Seller’s Affiliates shall conform with Seller’s specifications therefore and be free of defects in materials and workmanship. Seller will make good by the supply of a replacement part or parts, any defects which, under proper use, care and maintenance, appear in Goods of Seller’s Affiliates’ manufacture and which are reported to Seller within 3 years after their delivery (the “Warranty Period”) and which arise solely from faulty materials or workmanship: provided always that defective items are returned to Seller at Buyer’s cost carriage and insurance prepaid within the Warranty Period. Repaired or replacement items will be delivered by Seller at Seller’s cost to Buyer.

PURCHASE ONLY - WARRANTY DEFINED:

Three-year worry-free warranty. Seller warrants to the original purchaser that all equipment manufactured by it will be free from effects in materials or workmanship for a period of 3 years from the date of delivery to such purchaser or as specified. Such warranty is to remain in effect if and only if such products are used in accordance with all instructions as to maintenance and operation set forth in manuals and instruction sheets furnished by Seller. Service parts which are not manufactured by Seller, are not covered under this warranty and are covered only to the extent of the original manufacturer’s warranty. 

Seller’s liability under this warranty is limited to repair or replacement, at Seller’s sole option, of any parts or equipment returned to Seller freight prepaid, and determined to be defective, in Seller’s sole opinion. If parts are found defective, the cost of shipping will be credited to the purchaser. Any warranty or replacement parts will be shipped to customers via regular UPS, FedEx, or Seller’s carrier of choice, at no charge. 

RENTAL ONLY - DISCLAIMER OF WARRANTIES:

Except and to the extent Smartstage selects and installs the equipment, customer acknowledges and accepts the physical and operating state of the equipment as satisfactory. Smartstage does not make, has not made, nor shall be deemed to make or have made, any warranty or representation, either express or implied, written or oral, with respect to use of the equipment hereunder or any component thereof, including, without limitation, any warranty as to design, compliance with specifications, quality of materials or workmanship, merchantability, fitness for any purpose, use or operation, safety, patent, trademark or copyright infringement, or title. All such risks, as between Smartstage and Seller, are to be borne by Seller. Without limiting the foregoing, except and to the extent that Smartstage selects and installs the Equipment, Smartstage shall have no responsibility or liability to Seller or any other person with respect to any of the following: 

(i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) therein, or any other circumstance in connection therewith; 

(ii) the use, operation or performance of the Equipment or any risks relating thereto; or 

(iii) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. In no event shall Smartstage be liable for any interruption of service, loss of business or anticipated profits or consequential damages. 

RENTAL ONLY - RESPONSIBILITY FOR MAINTENANCE OF EQUIPMENT AND LIABILITY FOR DAMAGE

Buyer shall take reasonable actions to avoid or minimize damages and loss to the Equipment, including (a) keeping objects away from liquids, tape, flame, sharp objects, wind, heat, and other hazardous materials and/ or conditions that may cause damage or harm, (b) refraining from altering, modifying, changing, or relocating any Equipment that is set-up or installed on-site by any Smartstage employee, and (c) using standard industry practices for the storage and transportation of all Equipment. Minor wear is built into your rental quote however, Buyer is fully responsible and liable for any loss or damage to the Equipment for the duration of the rental, regardless of the cause of the damage. Any such loss and/or damage fees charged to Buyer are in addition to all rental and fees. Buyer acknowledges and agrees that charges for damage and loss to Equipment can far exceed the cost of the rental and fees. Valuation of the charges for the additional damage and loss fees can take up to five (5) business days. Payment for additional damage and loss fees incurred in connection with the rental of the Equipment and/or the Services will be due within ten (10) calendar days of the date such charges are invoiced to the Buyer.

RENTAL ONLY - PAYMENT TERMS:

Deposits and Prepayment – Unless otherwise agreed in writing, a deposit in the amount of 50% of the total quoted rental fee is required on all rentals of Equipment and Services, and such deposit amount shall be paid in full within 24 hours of receipt of Confirmation. Additional deposits may also be assessed on bookings that require additional or extraordinary labor, freight, travel, material, and/or other pre-paid expenses. Unless the Buyer has been granted payment terms in writing, the remaining balance is due no later than seven days prior to scheduled delivery date, and if the entire balance is not timely paid within seven days prior to the scheduled delivery date, Smartstage shall have no liability or obligations to Buyer under these Terms & Conditions. 

Fees for Customized Equipment – The rental fees for any Equipment requiring customization must be paid in full before the order is accepted. Once customized Equipment is ordered and accepted, no refunds will be given for any cancellations or changes for any reason. 

Rush Fees may apply to jobs confirmed within 72 hours. 

RENTAL ONLY - TIME OF RETURN AND LATE RETURNS:

Buyer’s right to possession of the Equipment shall terminate on the date specified in the Rental Quote, or at such other time as may be agreed to by the parties in writing, and any retention of possession after such time constitutes a material breach of these Terms & Conditions. Time is of the essence in these, and any extensions must be mutually agreed to by the parties in writing. Buyer agrees that if any Equipment is held beyond expiration of such right of possession period, the daily rate as indicated in the Rental Quote (or otherwise derived from such rates provided in the Rental Quote) shall be the agreed upon rental rate for the days the Equipment is held by Buyer beyond the applicable right of possession period. After the expiration of the rental period, Smartstage may repossess and take the Equipment from wherever located, and Smartstage and their agents shall not be liable for any claims of trespass arising therefrom. Buyer agrees to pay for any costs, including attorneys’ fees associated with any such repossession.

RENTAL ONLY - INSURANCE:

Customer shall, in it’s sole cost and expense, procure and maintain, for the entire duration the Buyer has any Equipment in its possession, insurance against any claims for injuries to persons or damages to property which may arise in connection with the rental of the Equipment hereunder and the actions of Buyer, its invitees, agents, representatives, subcontractors and employees. All insurance required hereunder is primary and non-contributory to any other insurance maintained by Smartstage. Smartstage Ltd. shall be named as an additional insured for liability insurance and, if applicable, additional loss payee for property insurance. Any deductibles or self-insured retentions shall be the sole responsibility of the Buyer. All insurance required by these Terms & Conditions shall include a waiver of rights of recovery against Smartstage or its insurers by the Buyer and its insurers, as well as a waiver of subrogation against Smartstage or its insurers.

RENTAL ONLY - CANCELLATION FEES:

If Buyer cancels the rental of Equipment or other Services that has been confirmed by Smartstage more than 72 hours prior to the contracted delivery date, no cancellation charges shall apply. If Customer cancels the rental of Equipment or other Services that has been confirmed by Smartstage within 72 hours, but more than 24 hours, prior to the contracted delivery date, the Buyer will be charged a cancellation fee equal to 25% of the total quoted rental fees. If Customer cancels the rental of Equipment or other Services that has been confirmed by Smartstage within 24 hours prior to the delivery date, the Buyer will be charged a cancellation fee equal to 50% of the total quoted rental fees. Notwithstanding any of the foregoing, any cancellations on custom Equipment that has been confirmed by Smartstage will result in a cancellation fee charged to Buyer in the amount of 100% of the quoted rental fees regardless of the time of such cancellation.

RENTAL - CHANGES TO THE SCOPE OF WORK:

All rental fees and other amounts provided in the Rental Quote are solely for the type, quantity, and delivery date specified in such Rental Quote, and, if changes to the scope of the Rental Quote are desired, the Rental Quote may be deemed invalid and not applicable. The ability of Smartstage to accommodate a requested change to the Rental Quote is in no way guaranteed, and Smartstage shall have no obligation to accommodate any such requested change. In the event Smartstage desires to accept a requested change to the Rental Quote, any Equipment and Services provided in such change will not be reserved until a Smartstage representative has issued a confirmation accepting the changes and the applicable payment terms have been met. 

LIMITATION OF LIABILITY:

Supplier’s maximum aggregate liability for any and all losses, liabilities, expenses (including legal expenses), damages, claims or actions incurred under or in connection with a specific order or a particular blanket order (CALL-OFF order) issued, arising in or by virtue of breach of contract, tort (including negligence), misrepresentation, breach of statutory duty, strict liability, infringement of intellectual property rights or otherwise, shall in no circumstances exceed a sum equal to the total price of the Call-Off in question.

STATUTORY AND OTHER REGULATIONS:

If Seller’s obligations under the Contract shall be increased or reduced by reason of the making or amendment after the date of Seller’s quotation of any law or any order, regulation or bye-law having the force of law that shall affect the performance of Seller’s obligations under the Invoice, Agreement, Contract or Bid, the Invoice, Agreement, Contract or Bid Price and delivery period shall be adjusted accordingly and/or performance of the Contract suspended or terminated, as appropriate.

COMPLIANCE WITH LAWS

Buyer agrees that all applicable import, export control and sanctions laws, regulations, orders and requirements, as they may be amended from time to time, including without limitation those of the Canada, the European Union, UK and the jurisdictions in which Seller and Buyer are established or from which items may be supplied, and the requirements of any licenses, authorizations, general licenses or license exceptions relating thereto will apply to its receipt and use of goods. In no event shall Buyer use, transfer, release, export or re-export any such goods in violation of such applicable laws, regulations, orders or requirements or the requirements of any licenses, authorizations or license exceptions relating thereto. Buyer agrees furthermore that it shall not engage in any activity that would expose the Seller to a risk of penalties under laws and regulations of any relevant jurisdiction prohibiting improper payments, including but not limited to bribes, to officials of any government or of any agency, instrumentality or political subdivision thereof, to political parties or political party officials or candidates for public office, or to any employee of any customer or supplier. Buyer agrees to comply with all appropriate legal, ethical and compliance requirements.

DEFAULT, INSOLVENCY AND CANCELLATION:

Seller shall be entitled, without prejudice to any other rights it may have, to cancel the Invoice, Agreement, Contract or Bid forthwith, wholly or partly, by notice in writing to Buyer, if (a) Buyer is in default of any of its obligations under the Contract and fails, within 30 (thirty) days of the date of Seller’s notification in writing of the existence of the default, either to rectify such default if it is reasonably capable of being rectified within such period or, if the default is not reasonably capable of being rectified within such period, to take action to remedy the default or (b) on the occurrence of an Insolvency Event in relation to Buyer. “Insolvency Event” in relation to Buyer means any of the following: (i) a meeting of creditors of Buyer being held or an arrangement or composition with or for the benefit of its creditors being proposed by or in relation to Buyer; (ii) a chargeholder, receiver, administrative receiver or similar person taking possession of or being appointed over or any distress, execution or other process being levied or enforced (and not being discharged within seven days) on the whole or a material part of the assets of Buyer; (iii) Buyer ceasing to carry on business or being unable to pay its debts; (iv) Buyer or its directors or the holder of a qualifying floating charge giving notice of their intention to appoint, or making an application to the court for the appointment of , an administrator; (v) a petition being presented (and not being discharged within 28 days) or a resolution being passed or an order being made for the administration or the winding-up, bankruptcy or dissolution of Buyer; or (vi) the happening in relation to Buyer of an event analogous to any of the above in any jurisdiction in which it is incorporated or resident or in which it carries on business or has assets. Seller shall be entitled to recover from Buyer or Buyer’s representative all costs and damages incurred by Seller as a result of such cancellation, including a reasonable allowance for overheads and profit (including but not limited to loss of prospective profits and overheads).

MISCELLANEOUS:

No waiver by either party with respect to any breach or default or of any right or remedy and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing and signed by the party to be bound. If any clause, sub-clause or other provision of the Invoice, Agreement, Contract or Bid is invalid under any statute or rule of law, such provision, to that extent only, shall be deemed to be omitted without affecting the validity of the remainder of the Contract. Buyer shall not be entitled to assign its rights or obligations hereunder without the prior written consent of Seller. Seller enters into the Invoice, Agreement, Contract or Bid as principal. Buyer agrees to look only to Seller for due performance of the Invoice, Agreement, Contract or Bid. The headings to the Clauses and paragraphs of the Invoice, Agreement, Contract or Bid are for guidance only and shall not affect the interpretation thereof. All notices and claims in connection with the Invoice, Agreement, Contract or Bid must be in writing.