1. Definitions

1.1 "Goods" means including but not restricted to food, drinks, equipment or any other item used in connection with or preparation for the Event.
1.2 "Quotation" means the estimate of costs provided by the Company to the Client.
1.3 "Quoted Cost" means the total of the estimate of costs provided by the Company to the Client.
1.4 "The Final Invoice" means the invoice rendered by the Company after the Event being the amount payable by the Client within 14 days of issue

2. Application of Terms

2.1 Subject to any variation herein made the Contract will be on these conditions to the exclusion of all other terms and conditions.
2.2 No terms or conditions endorsed upon, delivered with or contained in the Client's purchase order, confirmation of order, specification or other document will form part of the Contract.
2.3 This Contract, and the documents referred to in it, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Contract.
2.4 The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract and that it shall have no remedy in respect of any such (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this Contract. Nothing in this condition will exclude or limit the company's liability for fraudulent misrepresentation.
2.5 Each order or acceptance of a quotation for Goods by the Client from the Company shall be deemed to be an offer by the Client to purchase Goods subject to these conditions.
2.6 No order placed by the Client shall be deemed to be accepted by the Company until a written acknowledgement of the order is issued by the Company or (if earlier) the Company delivers the Goods to the Client.
2.7 The Client must ensure that its order and any specifications are complete and accurate.

3. Quotations

3.1 Any quotation is given on the basis that no contract will come into existence until the Company despatches an acknowledgement of order to the Client.
3.2 Quotations are valid for 28 days from the date of the Quotation and must be confirmed in writing to be valid and enforceable.

4. Warranties

4.1 All samples, drawings, descriptive matter, specifications and advertising issued by the Company or contained in the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract and this is not a sale by sample.
4.2 The quantity and description of the Goods shall be as in the Quotation or order confirmation.
4.3 The Company warrants that (subject to the other provisions of these conditions) upon delivery, the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
4.4 The Company shall not be liable for a breach of the warranties in conditions 4.2 and 4.3 unless the Client gives written notice of the defect to the Company within 7 days of the time when the Client discovers or ought to have discovered the defect.
4.5 The Company shall not be liable for a breach of the warranties in conditions 4.2 and 4.3.
4.5.1 the Client makes any further use of such Goods after giving such notice; or
4.5.2 the defect arises because the Client failed to follow the Company's oral or written instructions as to the storage or use of the Goods or (if there are none) good trade practice.
4.6 Subject to conditions 4.4 to 4.5 if any Goods do not conform with the warranties in conditions 4.2 and
4.3 the Company shall at its discretion refund the price of such Goods at the pro rata contract rate.
4.7 If the Company complies with condition 4.6 it shall have no further liability for a breach of the warranties given in conditions 4.2 and 4.3 in respect of such Goods.
4.8 The Company cannot be held responsible for the safety of any Goods or other items supplied by the Client or any other party.

5. Variations

5.1 The Quotation price is prepared on the basis of specific numbers supplied by the Client. The price is subject to alteration with any variation in the number of guests.
5.2 The Quoted Price for staff is prepared on a specified number of hours supplied by the Client at the hourly rate stated on the Quotation. The price is subject to alteration with any variation on the number of hours the staff are required to work and the final price of the staff will be adjusted from the Quotation on the Final Invoice according to such variation.
5.3 The Goods and any other items supplied by the Company are subject to availability.
5.4 Any variation to any Goods or services requested by the Client must be notified in writing to the Company not less than 14 days prior to the date of the Event. The Company will use its reasonable endeavours to comply with any such requests but shall not be obliged to do so and any such variations will be made subject to variation of the Quoted Cost, confirmed in the Final Invoice

6. Equipment

6.1 The Client is responsible for all Equipment hired to, by or on behalf of the Client or for the purposes of the Event or anything done or used in connection with or preparation for the Event.
6.2 The Client is responsible for and warrants to purchase any insurance needed in connection with the Equipment in particular to include but not restricted to any breakages, loss, theft or damage, howsoever and by whomsoever caused.
6.3 Any breakages, loss, theft or damage, howsoever and by whomsoever caused will be charged to the Client at the full replacement value or any amount the Hire Company may charge.
6.4 Subject to condition 6.5, the Client is responsible for collecting, counting and storing any Equipment used in connection with or preparation for the Event and will make such Equipment available for collection by the Company, Hire Company or third party supplier in such condition, and at such times and places as the Company, Hire Company or third party supplier may stipulate.
6.5 At the Company's discretion, additional charges may be payable by the Client for any Equipment not made available for collection in the circumstances described in condition 6.4 regardless of the reasons for its non-availability.
6.6 The Company shall, at the Client's request, at any time before the Event, supply the Client with a copy of the Terms and Conditions of any third party supplier or Hire Company.

7. Venue

7.1 The Client is responsible for any insurance, compliance with any health and safety or other regulations or statutory requirements required in connection with or in preparation for the Event.
7.2 The Client is responsible for the notification of any parties with any interest in the Venue or the Event, details of the Event including but not restricted to the quantity of guests, the type of event and that the appropriate regulations and/or statutory requirements have been observed.

8. Delivery

8.1 The Client will take delivery of the Goods on the day of delivery upon which the Goods are at the risk of the Client.
8.2 Any times specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.
8.3 Subject to the other provisions of these conditions the Company will not be liable for any direct/indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profit, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor will any delay entitle the Client to terminate or rescind the Contract unless such delay exceeds 6 hours.
8.4 If for any reason the Client will not accept delivery of any of the Goods when they are delivered, or the Company is unable to deliver the Goods on time because the Client has not provided appropriate instructions, documents or authorisations:
8.4.1 risk in the Goods will pass to the Client (including for loss or damage caused by the Company's negligence);
8.4.2 the Goods will be deemed to have been delivered; and
8.4.3 the Company may store the Goods until delivery whereupon the Client will be liable for all related costs and expenses (including, without limitation, storage and insurance).
8.5 If the Company delivers to the Client a quantity of Goods of up to 5% more or less than the quantity accepted
8.6 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company's place of business shall be conclusive evidence of the quantity received by the Client on delivery unless the Client can provide conclusive evidence proving the contrary.
8.7 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless written notice is given to the Company within 2 days of the date when the Goods would in the ordinary course of events have been received.
8.8 Any liability of the Company for non-delivery of the Goods shall be limited to issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

9. Price

9.1 Unless otherwise agreed by the Company in writing the price is as set out in the Final Invoice.
9.2 The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance all of which amounts the Client will pay in addition when it is due to pay for the Goods.

10. Deposit

10.1 Subject to condition 10.2 a deposit of 50% of the quoted cost is due not later than 14 days before the Event. If the Event is to take place more than 28 days after the date of the Quotation, or less than 28 days before the date of the event a booking deposit of 20% of the quoted cost is payable to guarantee the agreed event date. Confirmation of the Event must be received in writing.
10.2 Quoted prices and availability of the company, third party services & Equipment are not contractible until deposits have been received by the company 14 working days before the quoted event date.

11. Payment

11.1 Subject to condition 10 payment of the price is due in pounds sterling within 14 days of delivery.
11.2 Time for payment shall be of the essence.
11.3 Any payment made by cheque up to and including 10 working days before the date of the Event is subject to a quick clearance charge required by the Bank and payable by the Client.
11.4 No payment shall be deemed received until the Company has received cleared funds.
11.5 All payments payable to the Company under the Contract shall become due immediately upon termination of this Contract despite any other provision.
11.6 The Client shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Client has a valid Court Order requiring an amount equal to such deduction to be paid by the Company to the Client.
11.7 If the Client fails to pay the Company any such due pursuant to the Contract the Client will be liable, forthwith and on demand, from the due date up to the date of actual payment, before and after judgment, to pay interest to the Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate of Barclay's Bank accruing on a daily basis.
11.8 The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998

12. Cancellation

In the case of cancellation the Client will make payment in accordance with the Schedule.

13. Limitation of Liability

13.1 Subject to condition 4.6 the following provisions set out the entire financial liability of the Company (including for the acts or omissions of its employees, agents and sub-contractors) to the Client for:
13.1.1 any breach of these conditions;
13.1.2 any use made or resale by the Client of any Goods or product incorporating any Goods; and
13.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
13.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
13.3 Nothing in these conditions excludes or limits the liability of the Company:
13.3.1 for death or personal injury caused by the Company's negligence;
13.3.2 under section 2(3) Consumer Protection Act 1987;
13.3.3 for anything which it would be illegal for the Company to exclude or attempt to exclude its liability;
13.3.4 for fraud or fraudulent misrepresentation.
13.4 Subject to conditions 14.2 and 14.3:
13.4.1 the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the Contract price; and
13.4.2 the Company shall not be liable to the Buyer for any damage, pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

14. Assignment

14.1 The Client shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
14.2 The Company may assign the Contract or any part of it to any person, firm or company.

15. Force Majeure

The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the quantity of the Goods ordered by the Client (without liability to either party) if it is prevented from or delayed in the carrying on of its business due to any or each act, event, omission or accident beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, compliance with any law or governmental order, rule, regulation or direction, war or national emergency, civil war, armed conflict, acts of terrorism, nuclear, chemical or biological contamination or sonic boom, protests, riot, civil commotion, malicious damage, fire, explosion, flood, storm, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), accident, breakdown of plant or machinery, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

16. General

16.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
16.2 If any provision of the Contract is found by any Court, Tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to that extent be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
16.3 The parties agree, in the circumstances referred to in condition 17.2 to attempt to substitute for any invalid or unenforceable provision a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by that provision.
16.4 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
16.5 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
16.6 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
16.7 This Contract shall be governed by the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

Schedule
All figures are subject, if appropriate, to terms agreed with third party suppliers or hire companies.

1. Food, Staff, Flowers, Decoration and Lighting etc

Cancellation after confirmation of the event		10% of the Quoted Cost
Cancellation within and including 7 days of the Event		25% of the Quoted Cost
Cancellation within and including 4 days of the Event		50% of the Quoted Cost
Cancellation within and including 24hrs of the Event		100% of the Quoted Cost

2. Equipment

Cancellation within and including 7 days of the Event		100% of the Quoted Cost

3. Drinks

Cancellation within and including 14 days of the Event		75% of the quoted cost of the Drinks