Terms of Sale & Rental
AGS Expo Services has established the following terms and conditions of sale and rental for all services rendered by AGS to all clients, exhibitors, and third parties:
- Agreement to Terms & Account Setup. By submitting a signed Method of Payment Form or accepting via AGS’s online platform, Customer agrees to these Terms. Selecting “Keep this Method of Payment on file for future events” creates a one (1) year company account. Third-party cards, when identified, create a single event/project account.
- Rental Basis. All materials and equipment are furnished on a rental basis and remain AGS property unless explicitly sold.
- Limitation of Liability. AGS is not liable for indirect, incidental, special, or consequential damages. In no event will AGS’s liability exceed fees paid for the specific Service at issue.
- Indemnification. Customer shall indemnify, defend, and hold harmless AGS from claims arising out of Customer’s negligence, breach of these Terms, violations of law, or use of AGS Services/equipment.
- Force Majeure. Neither party is liable for delays/failures caused by events beyond reasonable control (e.g., acts of God, government actions, labor disputes, pandemics). Charges for Services rendered remain due.
- Insurance; No Insurance by AGS. Customer must maintain appropriate liability and property insurance. AGS is not an insurer; risk of loss to Customer property remains with Customer at all times.
- Payment – Method on File. All Orders require a Method of Payment. Orders submitted without a valid method, or with balances due, will be charged to the primary card on file. Accepted payments are in U.S. funds (company check, Visa, MasterCard, American Express).
- Wire/ACH Deposits. Wire/ACH may be accepted for open or advance deposits; a valid credit card must remain on file. Transfers must be trackably noticed and received at least 10 business days before move-in/start; bank/processing fees apply.
- Payment Method Changes. Post-order changes (e.g., balance transfers, card substitutions, reprocessing) may incur a Payment Change Fee up to 7% of the transferred/reprocessed amount or a flat convenience fee.
- Credit Authorization & Auto-Charge. AGS may verify card credit. If invoices are not settled before Engagement close (Event close for Events), charges will be applied to the card on file.
- Discount Eligibility. Discounts apply only to advance Orders received with payment by the published deadline.
- Payment Upon Presentation. Full payment is required upon invoice/statement presentation (including on-site at Events). All accounts must be settled prior to Engagement/Event close.
- Checks; No Cash On Site. Company checks must be received at least 14 days before move-in/start; a card is still required on file. Returned checks incur an NSF fee. Cash is not accepted on Site unless AGS expressly approves in writing.
- Withholding/Prepayment for Delinquency. AGS may withhold Services or releases for non-payment and, after any delinquency/disputes, require prepayment for future Services.
- Account Audits & Adjustments. Invoices are not final. Labor, Material Handling, Furnishings, and quoted/custom items are estimates subject to final billing; adjustments will be billed to the method on file or due upon presentation.
- Responsibility for Payments. Customer is ultimately responsible for all Services/labor/equipment ordered by Customer or parties acting on its behalf.
- Exhibitor-Appointed Contractors (EACs). Customer responsibility continues when using an EAC. If an EAC/third party fails to pay, Customer authorizes AGS to charge the primary payment method on file. EACs must provide required insurance naming AGS as additional insured and an approved EAC Authorization Form; AGS may deny/suspend access for non-compliance or unsafe conduct. EACs must follow facility/event/safety rules (including union jurisdiction/time limits).
- Purchase Orders. If a purchase order is required by Customer, it must accompany Order form(s), including for government agencies.
- Taxes & Exemptions. Customer is responsible for applicable taxes. Tax obligations are assessed when taxable items/fees become due and may be adjusted if rates change. Tax-exempt status requires a valid exemption certificate for the state of delivery; resale certificates apply only if rebilling to Customer’s customers.
- Payment Disputes. Processor-imposed fees from chargebacks may be passed to Customer if resolved in AGS’s favor. Authorized charges may not be disputed after Services are rendered unless a written complaint is submitted (email or notation on invoice) to an AGS Representative (including on-site at Events).
- Service Issue Escalation & Credits. Report issues promptly to enable correction and for any possible credit to be considered. Events: notify on-site before Event close. Projects: notify within two (2) business days of delivery/installation. Unreported/missing/incomplete Orders after the notice window are not eligible for credit.
- Claims; Suit Limitations. Incidents intended as claims must be reported in writing within 24 hours of discovery and no later than Engagement close (Event close for Events). Formal written claims are due within 30 days after Engagement/Event close. Any legal proceeding must commence within one (1) year after Engagement/Event close.
- Delinquency; Collections; Service Refusal. Balances unpaid 20 days after Engagement/Event close are subject to collections and a 1.5% per month service charge (18% annually). AGS may refuse Service to accounts with outstanding balances or a history of delinquency/disputes.
- Refunds. Refunds under $35 must be requested and, if approved/posted on invoices, are returned to the original payment method within 30 days after Engagement/Event close (card issuer posting times may vary). No currency-rate adjustments.
- Cancellations. Non-participation/Engagement cancellations may incur 50%–100% fees, as may general cancellations per Order forms. Made-to-order/custom Goods (including printed graphics) are non-cancellable once production begins; all incurred costs remain due.
- Artwork & Proofs (Graphics/Print). Customer is responsible for file accuracy/rights/lawfulness. Production proceeds from the last written proof approval. Minor color variation may occur; exact color matching requires a paid color-managed proof.
- Shipping & Title for Sold Goods. For sold (non-rental) Goods, title and risk of loss pass to Customer upon delivery to the carrier at AGS’s dock (FOB Origin) unless the Order states otherwise. Transit claims must be filed with the carrier.
- Material Handling & Labor Services. For shipping, drayage/material handling, warehousing, or event labor (including I&D), AGS’s Material Handling Terms also apply and govern in case of conflict: Terms of Service – Material Handling.
- Deliverables Acceptance (Projects). Deliverables are deemed accepted unless Customer delivers a written, itemized rejection within five (5) business days of delivery/installation and complies with the claims procedures above.
- Governing Law & Venue. Florida law applies. Exclusive venue/jurisdiction: state or federal courts in Orange County, Florida.
- Severability; Order of Precedence; Amendments; Waiver; Notices; Entire Agreement. Invalid provisions are severed; conflicts are resolved in this order: (1) executed master agreement/SOW; (2) Order/Quote; (3) these Terms. AGS may revise Terms upon posting or written notice; continued use constitutes acceptance. Failure to enforce is not a waiver. Notices may be sent by email (read receipt requested) or trackable courier to the contacts on file (for AGS: accounting@ags-expo.com for contract/legal; claims@ags-expo.com for claims; mail to 4561 SW 34th Street, Ste A, Orlando, FL 32811). These Terms with any Order/Quote/SOW are the entire agreement.