Breakthrough Productions
New York: 711-3 Koehler Avenue, Ronkonkoma, NY 11779
North Carolina: Mooresville, NC 28115

Terms and Conditions for standard SOW

Terms and Conditions as of 12/19/2018

  1. Invoice Procedures: A minimum deposit of 50% is required on all contracts, payable upon signing this agreement.  Additional deposits for additions or changes will be at our discretion and/or detailed about in the Fee schedule. All deposits are nonrefundable.  Final balances for all projects are due prior to shipping unless credit terms have been set up prior to execution of this agreement.

  2. All Additions, Change Orders, Reductions will be tracked weekly and invoiced biweekly Terms will be net 30 from invoice date or prior to shipping whichever is first.  If Change order is more than $2,500 an additional deposit may be requested, 50% due upon receipt at discretion of BTP.

  3. Deadlines that are set forth by Breakthrough to the client must be adhered to, thereby ensuring that the project will be completed by the completion date. If a client fails to adhere to the deadlines set forth by Breakthrough, client will be responsible for any rush fees that are associated with the project to ensure that the project is completed by the completion date.

  4. Payments for services invoiced that are not received within 30-days from date of invoice will be subject to a 1.5% penalty per calendar month.

  5. Damages to any contracted equipment or materials by any member or guest of the client will result in the client being held liable for repair or replacement costs paid within 30 days of the event.

  6. Contractor will not be held responsible for any damages to or resulting condition of grass, concrete, driveways, or any other surface of an event space or area used for event access, unless damage is a direct result of negligence by contractor employee.

  7. Client agrees that Breakthrough’s current insurance is adequate for their project.  If additional insurance is required specifically for your event/ project, then client agrees to cover any additional rise in premiums plus a 20% (of the rise in premium) administrative charge for the instance

  8. The location of the all contracted event equipment or fabricated pieces is to be determined and clearly indicated by the client prior to events commencement.  All consequences resulting from inadequacies of the site or improper layout will be the responsibility of the client.  It is the client’s responsibility that all relevant federal, state, and local regulations are adhered to, including but not limited to: permitting and required insurances.

  9. Unless specifically stated in the SOW Breakthrough will not be responsible for any permitting and permits are the sole responsibility of the client.

  10. Client agrees to indemnify, defend and hold harmless contractor (Breakthrough Staging, INC) from any lawsuit in connection with injury or accident involving event guests, staff, or affiliates which may occur from use or misuse of event equipment or fabricated pieces, unless caused by the negligence or other wrongful conduct of Contractor.  Client assumes all responsibility for its guests and staff for their actions.

  11. Client agrees that any damage resulting from transportation once an item leaves contractors shop or from transit between event locations will be repaired at the cost of the client and contractor is not responsible for third party freight or transport costs, including but not limited to lift gate services, overages, damage, insurances, or claims.

  12. Any claims resulting out of damaged freight will follow all rules and regulations set out by the specific carrier handling the freight or package.

  13. Breakthrough Productions will do everything in its power to accurately quote and propose shipping charges prior to delivery.  Client agrees to pay all charges based upon the final bill received by Breakthrough from the carrier resulting from the shipment of client’s goods.  This can include but not limited to: Detention, damaged items, liftgate charges, attempted delivery, inaccurate delivery address information.

  14. All packages and freight should be inspected prior to accepting delivery.

  15. It is understood, intended and agreed that should contractor be unable to fulfill any of the obligations of this contract by reason of accident, riot, strike, epidemic, catastrophe, war, embargo, fire, state of emergency, mechanical breakdown, serious illness, shortage of or inability to obtain labor, terrorist attack, or act of God, the performance of said obligations of contractor may be delayed, interrupted or excused.

  16. Client agrees that if additional labor is required above what is proposed in the SOW, or additional labor is hired onsite by an authorized client representative (project manager) then the client will immediately pay all invoices associated with additional labor costs including but not limited to: minimums and maximum work hours, time and a half, double time, holiday pay, OT, Breaks, meal penalties, parking, Short turnaround fees, or any other fees contractor may incur due to its contracts with the labor contractors, once invoiced.  Contractor additionally agrees to provide as much information regarding estimated costs at the time of ordering labor to allow client to make as educated of a decision as they can.

  17. Client agrees that any change in delivery/event date, whether sooner or later than the original agreed to delivery or installation date will be subject to approval by contractor.  Only an agreement signed by both parties will amend the delivery date.  A delay in the project does not change the Invoicing dates unless agreed to by both parties.

  18. The following process will be followed if a change to the SOW (Scope of Work) is required: (A) Project Change Order(PCO) will be the vehicle for communicating change. The PCO must describe the change, the rationale for the change, and the effect the change will have on the project.  (B)  Contractor and Client will mutually agree upon any changes to the SOW. If the PCO is authorized, the Client Project Managers will sign the PCO, which will constitute approval for the charges and changes proposed. Contractor will invoice Client for any such charges on signing date. (C)A written Change Authorization and/or PC0 must be signed by both parties to authorize implementation of the investigated changes.

19.  Please note that deviations from the above timeline may require additional efforts to meet deadlines which may result in rush charges and/or substitutions         of comparable materials, based on availability.

20.  The Client has the responsibility to proofread and examine all work produced during the project. Therefore, the Client is ultimately responsible for any                   typographical, spelling, grammatical, copy, photographic, illustrative, layout or other errors or omissions discovered after printing or reproduction, or for             any work or services performed by any party selected by the Client.