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 FEES:

The Client shall pay the fees charged:

 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.