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| Terms
and Conditions: |
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CLIENT
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Means
the person who purchases or agrees to purchase the Services
from the Supplier.
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CONDITIONS
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Means
the terms and conditions of sale set out in this document
and any special terms and conditions agreed in writing
by the Supplier.
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CONTRACT
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Means
the contract for the sale and purchase of the Services.
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CORPORATE HOSPITALITY
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Means
a hospitality package purchased by the Supplier from
a third party.
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EVENT
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Means
an event where the Supplier arranges all aspects of
the event.
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SERVICES
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Means
either Corporate Hospitality or an Event.
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PRICE
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Means
the price for the Service as set out in the Supplier's
quotation.
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SUPPLIER
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D
K Promotions.
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| CONDITIONS
OF SALE |
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1. CONDITIONS APPLICABLE
- These Conditions shall
apply to all contracts for the sale of the services by the
Supplier to the Client to the exclusion of all other term
and conditions including any terms and conditions which
the Client may purport to apply under any purchase order
confirmation of order or similar document.
- All orders for Services shall be deemed to
be an offer by the Client to purchase Services pursuant
to these Conditions.
- Any variation to these Conditions (including
any special terms and conditions agreed between the parties)
shall be inapplicable unless agreed in writing by the Supplier.
2.
CHARGES
- Subject to any special
terms agreed, the Client shall pay the Supplier's standard
charges and any additional sums which are agreed between
the Client and the Supplier for the provision of the
Service as specified in the Supplier's quotation or which
in the Supplier's sole discretion are required as a result
of the Client's instructions or lack of instructions or
any other cause attributable to the Client.
- The Supplier shall be entitled to vary the
Supplier's standard charges from time to time.
- All charges quoted to the Client for the
provision of services are exclusive of any Value Added Tax
for which the Client shall be additionally liable at the
applicable rate from time to time.
3. PAYMENT OF CHARGES
- The Client shall pay the
charges:
If
the Service is a Corporate Hospitality service, the Client
shall pay the full amount of charges upon placing the booking.
If
the Service is an Event the Client shall pay 50% of the
charges as a non-refundable deposit upon placing the booking
and 50% of the charges within fourteen days of completion
the event.
- If payment is not made on the due date, the
Supplier shall be entitled without limiting any of the rights
it may have, to charge interest on the outstanding amount
both before and after any judgment at the rate of 3 per
cent above the Base Rate and from time to time of Lloyds
TSB Bank Plc from the due date until the outstanding amount
is paid in full.
4.THE SERVICES
- The quantity and description of the Services
shall be as set out in the Supplier's Quotation.
5.WARRANTIES AND LIABILITY
- The Supplier warrants to the Client that
the service will be provided using reasonable care and skill.
Where the Supplier supplies in connection with the provision
of the Services any goods or services supplied by a third
party, the Supplier does not give any warranty, guarantee
or other terms to their quality and fitness for purpose
or otherwise but shall where possible assign to the Client
the benefit of any warranty, guarantee or indemnity given
by the person supplying the goods or services to the Supplier.
- The Supplier's liability to the Client for
death or injury resulting from its own or that of its employees,
agents or sub-contractor's negligence shall not be limited.
- The Supplier shall not in any circumstance
be liable, whether in contract tort or otherwise, for any
consequential or indirect loss or damage howsoever arising
and of whatsoever nature suffered or incurred by the Client
including (without limitation) loss of profits, loss of
contracts, loss of operation time or loss of use of any
equipment or process suffered indirectly by the Client and
loss of anticipated savings.
- Subject to the revisions
of Clause 5.2 above, the Supplier's entire liability under
this Agreement shall be limited to the Price.

6.CANCELLATIONS
- Cancellation by the Client
if
the Client cancels a Corporate Hospitality Service, the
Client shall be liable to pay 100% of the Price.
If
the Client cancels an Event, the Supplier shall be entitled
to retain all monies paid by way of deposit pursuant to
Clause 3.1.2.
If
the date of cancellation is more than six weeks and less
than twelve weeks before the date of the Event, a further
sum equivalent to 20% of the charges shall be immediately
payable by the Client.
If
the date of cancellation is within six weeks of the date
of the Event, the full balance of the price shall be immediately
payable by the Client
- Cancellation by the Supplier
The
Supplier will not cancel a booking unless forced to do so
by circumstances beyond the Company's control, or unless
a sum due from the Client to the Company has not been paid
by the date due or if the Supplier reasonably believes that
the Client may be unable to pay the amounts due.
7. INSOLVENCY OF CLIENT
- This clause applies if:
the
Client makes any voluntary arrangement with its creditors
or (being an individual or firm) becomes bankrupt or (being
a company) becomes subject to an administration order or
goes into liquidation (otherwise than for the purposes of
amalgamation or reconstruction); or
an
encumbrance takes possession, or a receiver is appointed,
of any of the property or assets of the Client; or
the
Client ceases, or threatens to cease, to carry on business;
or
the
Supplier reasonably apprehends that any of the events mentioned
above is about to occur in relation to the Client and notifies
the Client accordingly.
- If this clause applies then, without prejudice
to any other right or remedy available to the Supplier,
the Supplier shall be entitled to cancel the Contract or
suspend any further deliveries under the Contract without
any liability to the Client, and if the Services have not
been paid for the price shall become immediately due and
payable notwithstanding any previous agreement or arrangement
to the contrary.

8. GENERAL
- These Conditions constitute
the entire Agreement between the parties and supersede any
previous agreement or understanding and may not be varied
except in writing between the parties. All other terms and
conditions express or implied by statute or otherwise are
excluded to the fullest extent permitted by law.
- Any notice required or
permitted to be given by either party to the other under
these Conditions shall be in writing addressed to the other
party at its registered office or principal place of business
or such other address as may be at the relevant time had
been notified pursuant to this provision to the party giving
the notice.
- No failure or delay by either party in exercising
any of its rights under the Contract shall be deemed to
be a waiver of that right and no waiver by either party
of any breach of the Contract by the other shall be considered
as a waiver of any subsequent breach of the same or any
other provision.
- Neither party shall be liable for any default
due to any act of God, war, strike, lockout, industrial
action, fire, flood, drought, tempest or other event beyond
the reasonable control of either party.
- If any provision of these Conditions
is held by a competent authority to be invalid or unenforceable
in whole or in part, the validity of the other provisions
of these Conditions and the remainder of the Conditions
in question shall not be affected.
- If any dispute or difference shall arise between the parties
as to the meaning of this contract or any matter or thing
arising out of or in connection with these conditions then
it shall be referred to the determination of an arbitrator
to be appointed by agreement of the parties or (in default
of agreement within 21 days of the service upon one party
of a written request to concur in such appointment) by the
President for the time being of the Chartered Institute
of Arbitrators.
- The laws of England and Wales shall apply to the Contract
and the parties agree to submit to the non-exclusive jurisdiction
of the Courts of England and Wales.

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