| Terms Of Business For The Supply Of Services | ||||||||
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Terms of Business
1. Definitions
Note: in these definitions and throughout the Terms the singular includes the plural and vice versa.
2. Supply 2.1. The Service is provided in accordance with the details set out within this statement and any additional arrangements mutually agreed between the Supplier and Client 2.2. The Client shall promptly provide the Supplier with any information necessary for the Supplier to properly perform the Service.
2.3. The Supplier may alter these Terms at any time if necessary to comply with any relevant safety or other statutory requirements, or which do not materially affect the nature or quality of the Service.
3. Payment 3.1. The Client shall pay the Charges. 3.2. The Charges may be varied by the Supplier from time to time on reasonable notice to the Client.
3.3. All charges quoted are exclusive of VAT.
3.4. The Client shall pay a non-refundable deposit to secure booking and cover the administration costs of the Supplier, the total balance to be paid 14 days prior to event.
3.5. The Supplier shall be paid by the Client without any set off deduction or counter-claim within 14 days of the date on the Supplier's invoice.
3.6. The Supplier may charge interest on any outstanding amount at the rate of 8 % above the base rate of Bank of England from the due date until the outstanding amount is paid in full.
4.Warranties and Liability 4.1. The Supplier warrants that the Service will be provided using reasonable care and skill and, as far as reasonably possible. 4.2. Subject as expressly provided in these Terms all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law and the Supplier shall not be liable to the Client for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Supplier, its employees or agents or otherwise) whether arising out of or in connection with the supply of the Service.
4.3. Not withstanding clause 4.2, the entire liability of the Supplier under or in connection with any supply of service shall not exceed the total charges payable, provided that nothing in the Terms shall exclude or limit the Supplier's liability for death or personal injury caused due to its negligence.
4.4. The Supplier shall not be liable to the Client or in breach of contract if the Supplier delays in performing, or fails to perform, any of its obligations to the Client, if that delay or failure was beyond the Supplier's reasonable control.
5.Termination 5.1.Each party may terminate the supply of services at any time by giving one months notice. 6. Other 6.1. These Terms constitute the entire agreement between the parties, 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. 6.2. Any notice required or permitted to be given by either party to the other under the Terms of Business shall be in writing addressed to the other party at its registered office or principal place of business or such other address in England or Wales as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
6.3. No failure or delay by either party in exercising any of its rights under the Terms of Business shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
6.4. If any provision of these Terms of Business is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms of Business the remainder of the provision in question shall not be affected.
6.5. Any dispute or difference arising out of or in connection with this Agreement shall be determined in accordance with the Chartered Institute of Arbitrators Rules (2000 edition) by a single arbitrator to be agreed between the parties, or failing agreement within 14 days after either party has given to the other a written request to concur in the appointment of an arbitrator, to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators.
6.6. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract and no person who is not a party to this Contract (other that a successor in title to one of the original parties) shall be entitled in that person's own right to enforce any provisions of this Contract pursuant to the provisions of the said Act.
6.7. English law applies to the Contract and the Terms, and the parties hereby submit to the non exclusive jurisdiction of the English courts. |
