Terms and Conditions – SWX GLOBAL Design & Production
Get In Touch
1200 Crowley Drive Carrollton, Texas 75006 USA
ask@swx.global
Ph: 800.898.8485
Work Inquiries
work@swx.global
Ph: 214.905.8485
Back

Terms and Conditions

  1. Home
  2. Terms and Conditions

Event Terms and Conditions:

Note: If a show or event is cancelled because of reasons beyond SWX Global’s control, the exhibitor remains responsible for all charges for services, materials and equipment provided up to and including the date of cancellation (and return transportation where applicable). SWX Global will not issue refunds to the exhibitor of any payments made before the date of cancellation.

If the exhibitor chooses to cancel their participation in a show or event which is not cancelled, the exhibitor is responsible for the entire proposal or contract amount.

United States Terms and Conditions:

  1. This is a budgetary estimate only.
  2. 75% Deposit required (unless otherwise mutually agreed upon). The remaining balance is due on standard NET 30-day terms.
  3. The estimate will be revised based on the actual work required by the client.
  4. Transportation will be charged at actual cost + SWX GLOBAL Design & Production service charge.
  5. Installation & Dismantle will be charged at actual cost + SWX GLOBAL Design & Production service charge.
  6. Warehouse/Handling and Project Management is charged based on actual time worked.
  7. All Labor and SWX GLOBAL Design & Production’s Supervisor hours will be charged based on actual hours worked.
  8. All materials will be charged based on actual materials used.
  9. Does not include any applicable taxes as required by law.
  10. Please budget 8-10% for tax and overages.
  11. Credit card transactions are assessed a 4% administrative fee.

NEW CONSTRUCTION (INCLUDES CONTAINERS)

United States Terms and Conditions:

  1. This is a budgetary estimate only.
  2. DEPOSITS
    1. 50% Deposit required to begin project
    2. 40% due after 30-days
    3. 10% due upon completion
  3. The estimate will be revised based on the actual work required by the client.
  4. Transportation will be charged at actual cost + SWX GLOBAL Design & Production service charge.
  5. Installation will be charged at actual cost + SWX GLOBAL Design & Production service charge.
  6. Warehouse/Handling and Project Management is charged based on actual time worked.
  7. All Labor and SWX GLOBAL Design & Production’s Supervisor hours will be charged based on actual hours worked.
  8. All materials will be charged based on actual materials used.
  9. Does not include any applicable taxes as required by law.
  10. Please budget 8-10% for tax and overages.

Credit card transactions are assessed a 4% administrative fee.

Note: Client is responsible for insuring client owned/non-rental property stored

International Terms and Conditions:

  1. This is a budgetary estimate only.
  2. 75% Deposit required to begin. 25% due prior to shipping.
  3. Any changes to these terms must be negotiated in advance.
  4. Company checks drawn on US banks in US funds are accepted as are wire transfers and ACH electronic transfers.
  5. Credit card transactions are assessed a 4% administrative fee.


Limitations:

  1. SWX GLOBAL Design & Production will attempt all reasonable efforts to construct and ensure exhibitors’ participation at the contracted show.
  2. We cannot be held liable for third-party strikes, natural disasters, “acts of God”, government shutdowns or terrorism.

Additional Terms and Conditions

FOB & Transport fees

All purchases are FOB at the preexisting location(s) of the items included in the purchase agreement.  Buyer assumes all responsibility and liability for shipping and all related costs, which may include but are not limited to disassembly, packaging, crate preparation, loading, transport, warehouse fees, unloading, forklift rental, and handling.

The buyer understands and agrees that not all of these costs are knowable until after the fact, and accepts all responsibility for these costs as they become known.

Custom Built Properties
Any properties that are custom built for a specific customer, will be ineligible for a refund, or a return. Once the new build process has started, and supplies have been ordered, there will be no refunds granted for any reason. This also applies to custom components, any custom parts, or any custom graphics that are made specifically for a customer.

 

Use
Buyer’s use of properties or any of its components in any public venue whatsoever certifies complete and unqualified acceptance of purchase, and relinquishes any right for inspection, claim, remedy, or return.

 

Shipping Options
Buyer may choose to have SWX GLOBAL Design & Production manage shipping on its behalf, or alternatively, it may handle shipping arrangements on its own.  SWX GLOBAL Design & Production has extensive experience in shipping and handling of exhibit booths, and is often able to acquire these services at significant discounts for its buyers.  SWX GLOBAL Design & Production is willing to provide quotes for these services at no cost or obligation to Buyer.

Accuracy

SWX GLOBAL Design & Production inspects many of the trade show booths and other items listed on its website, however, it must rely on the veracity and assertions of the sellers and their agents in many cases.  In the event of any inaccurate information in a listing, SWX GLOBAL shall endeavor in good faith to provide an equitable remedy to the Buyer’s satisfaction.

Inspection

Customer agrees that all shipping costs are part of its pre-purchase personal inspection of the subject items, in lieu of a personal onsite inspection, and undertaken at its sole responsibility as non-refundable due diligence.  Customer agrees to inspect purchased items and notify SWX GLOBAL Design & Production of any damage, missing parts, or other problems within ten business days of delivery.  The valid notice must be sent via email or letter, to your Sales Representative and should include digital photos of subject damage, and must have SWX GLOBAL Design & Production’s email reply acknowledgment.  Notices received after ten days will not be considered.

Upon timely receipt of notification, SWX GLOBAL Design & Production will investigate the problem, identify possible solutions, and suggest remedies to the Customer.  Such remedies may include:

  • Parts, cases, or crates, etc. inadvertently left behind at warehouse or originating location may be delivered to Customer at no additional cost.
  • Missing non-essential parts may be replaced with comparable replacement parts, at no additional cost to Customer.
  • At its sole discretion, SWX GLOBAL Design & Production may offer or negotiate a monetary adjustment in favor of Customer, based upon a pro-rata value of the booth in its entirety, and the fair market value of equivalent pre-owned parts.  For example: if a booth costing $50,000 new sells used $7,500 and is missing 10% of non-essential parts, SWX GLOBAL Design & Production may offer a prorated adjustment of $750.
  • In the event essential components (those required for proper assembly) are missing, SWX GLOBAL Design & Production may choose to locate a qualified source for said components, negotiate an equitable adjustment to the purchase price, or to issue an RMA and refund the purchase price upon the return and inspections of all components.  SWX GLOBAL Design & Production will not refund shipping costs for any reason.

The three-part process of investigation, recommendation, and remediation typically takes at least thirty (30) days to complete and may take much longer in some cases.

Storage Costs
SWX GLOBAL Design & Production charges storage fees for all client owned properties stored in our facilities.  During the time such properties are stored in our facilities, client will retain the risk of loss of, or damage to, their properties, and client is responsible for any insurance coverage on such properties.  In the event such stored properties are damaged during the time such properties are stored in our facilities, SWX GLOBAL Design & Production will be responsible for any such loss or damage to such properties only to the extent such loss or damage is caused by, or as a result of, SWX GLOBAL Design & Production’s gross negligence or willful misconduct.

 

Collateral Damage
SWX GLOBAL Design & Production is never responsible for any collateral damage, resulting from a warehouse not releasing a booth, a delay in shipping, or any other issues that may arise.  Although the buyer is protected as to the purchase of the booth or exhibit property, SWX GLOBAL Design & Production will never cover any other expenses, such as trade show fees, graphics expense, personnel expenses, any other related, or other unrelated expenses.  SWX GLOBAL Design & Production is “only” responsible for the purchase price of the booth, and nothing else.

 

Payments on Custom Built Booths
Custom-built booths shall require a non-refundable deposit of 75% in order to start the new build process. Once the build is completed, then the remaining balance owed shall be due, and payable, net 30 days. The customer is welcome to either make an inspection at the warehouse or request to have pictures of the booth sent to them.  Upon final payment of the remaining balance owed on a custom build, the transaction is then considered approved and completed. Once final payment is received on a custom-built booth, the booth then cannot be returned for a refund for any reason. Any modifications requested on a custom-built booth must be in writing, via return receipt email, and before the final payment is made.

 

Payments on Permanent Installations, Casework and 3rd Party Fabrication
Custom builds shall require a non-refundable deposit of 75% in order to start the new build process. Once the build is completed, then the remaining balance owed shall be due, and payable, after the build has shipped or installed, net 30 days. The customer is welcome to either make an inspection of the custom build, or request to have pictures of the build sent to them.  Upon final payment of the remaining balance owed on a custom build, the transaction is then considered approved, and completed. Once final payment is received on a custom build, the properties then cannot be returned for a refund for any reason. Any modifications requested on a custom build must be in writing, via return receipt email, and before the final payment is made.

 

Bad Payments
Any bad funds payments, which consist of either a bad check, a chargeback on a credit card, a faulty bank wire, or any other fraudulent method of payment will subject the bad payer to the following:  Any and all legal fees, various collection costs, and other related charges.  Bad payments are also considered a complete violation of this agreement and may result in other legal issues, and liabilities for the bad payer, depending upon the size of the bad payment.

Returns

Customer must have a Return Materials Authorization (RMA) from SWX GLOBAL Design & Production, and accepts all responsibility for all shipping costs, for all returns, for any reason.  SWX GLOBAL Design & Production will issue its RMA via email.

SWX GLOBAL Design & Production will treat any trade show booth or component(s) returned without RMA to be a relisting, new listing, or purchase for resale; or may refuse delivery entirely at its sole discretion, and may be subject to fees and charges subject to SWX GLOBAL Design & Production’s Seller’s Terms and Conditions.

Mediation and Arbitration
The parties will resolve all disputes arising under this agreement first by mediation, and then, if mediation fails, by arbitration under the rules of the American Arbitration Association.  Arbitration shall take place in Carrollton, Texas, unless the parties unanimously agree on a different location.   The arbitrator’s decision shall be final and binding on all parties

 

Successors and Assigns
This Agreement shall be binding on the parties, and on their parent companies, successors, and assigns, without regard to whether any instrument of succession or assignment expressly acknowledges such binding.

 

Indemnity
Purchaser agrees to indemnify SWX GLOBAL Design & Production against all losses, damages, claims, expenses, and attorneys’ fees incurred or suffered by SWX GLOBAL Design & Production because of any breach of this Agreement by Purchaser or its Representatives.

 

Governing Law
The laws of the State of Texas, county of Dallas, within the laws of the United States of America shall govern the terms, validity, interpretation, and performance of this Agreement.  Purchaser consents to the exclusive jurisdiction of the state courts and the U.S. federal courts located there for any dispute arising out of this agreement.

 

Equitable Relief
SWX GLOBAL Design & Production may obtain, in addition to any other available legal remedies, such equitable relief as may be necessary to protect itself from any breach or threatened breach of confidentiality or exclusivity.

 

Notices
All notices with regard to this Agreement shall be printable and signed, and then sent to the last known addresses of the respective Parties via:
(a)  U.S. certified mail, return receipt requested, or;
(b)  Hand delivered to the respective Parties by official service, or;
(c)  Imprinted with electronic signature, and electronically emailed to the respective parties, return receipt requested.

 

Entire Agreement
This Agreement supersedes all prior discussions, understandings, representations, and agreements on the subject matter thereof, whether written or oral.  Only a further writing, duly executed by authorized representatives of both Parties, may modify or amend this Agreement.

 

Severability
If a court of competent jurisdiction holds any term or terms of this Agreement to be invalid or unenforceable, then this Agreement, including all of the remaining terms will remain in full force and effect as if such invalid or unenforceable term had never been included.

 

No Implied Waiver
SWX GLOBAL Design & Production’s failure to insist or enforce in any one or more instances upon strict performance by Purchaser of any of the terms of this Agreement shall not constitute a waiver of, or affect its right to avail itself of, such remedies as it may have for any subsequent breach of the terms of this Agreement.

 

Headings
The parties shall construe the headings contained in this Agreement as provided for convenience only and shall not use them to construe meaning or intent.