STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
BY
Partridge Events Limited
By accepting a proposal and working with Partridge Event’s, you agree to the following terms and conditions:
1 INTERPRETATION
In this document the following words shall have the following meanings:
1.1 "Client" means any person who purchases Services from the Design Management.
1.2 "Proposal" means a comprehensive statement of work, quotation or other similar document describing the services to be provided by the Design Management.
1.3 "Services" means the services and products specified in the Proposal.
1.4 "Design Management" means Partridge Events Limited, Archer House Britland Estate, Northbourne Road, Eastbourne, BN22 8PW.
1.5 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Design Management.
1.6 "Consumer" shall have the meaning ascribed in Section 12 of the Unfair Contract Terms Act 1977.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Design Management to the Client and shall prevail over any other documentation or communication from the Client.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Design Management.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Design Management may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Client's statutory rights as a Consumer.
3 THE CONTRACT
3.1 A contract is made in accordance with these terms and conditions when the client has signed and returned the signed terms & conditions and paid the appropriate deposit based on the final proposal as per the payment terms agreed. The Design Company accepts no responsibility for any misunderstanding arising through orders or instructions received verbally.
3.2 Any additional requirements to the final proposal must be made in writing to the Design Management no later than 14 days prior to the event date; acceptance thereof shall be at the discretion of the Design Management and may result in charges arising.
4 PRICE AND PAYMENT
4.1 The price for the Services is as specified in the Proposal and is exclusive of VAT.
4.2 Payment of the price shall be:
4.2.1 Any invoices raised after the event for items or services provided in addition to the original agreed proposal are due for immediate payment.
4.2.2 Any out of pocket expenses, committed to by the Design Management on the request of the Client prior to receiving the Deposit payment will become liable if the Booking does not proceed.
4.2.3 Payment Terms: 100% of the payment is required on acceptance of the proposal and receipt of invoice in order to start production. Without this payment the job cannot not go ahead.
4.3 If the Client fails to make any payment within the required time frames quoted in 4.2 the Design Management reserves the right to cancel any booking.
4.4 The Design Management shall be entitled to apply a daily surcharge of 10% to cover extra costs incurred on any late outstanding amounts.
4.5 All charges are deemed to be exclusive of Value Added Tax
4.6 The Design Management shall be entitled to charge interest at the rate of 5% annum above the Bank of England base rate per month on any late outstanding amounts.
4.7 Payment of the invoice constitutes agreement to these terms and conditions whether signed or not.
5 CLIENT’S OBLIGATIONS
To enable the Design Management to perform its obligations the Client shall:
5.1 Co-operate with the Design Management.
5.2 Provide the Design Management with any information reasonably required by the Design Management.
5.3 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
5.4 Inform the Design Management of any complaints at the time of the event or as soon as reasonably practicable after the event, and to confirm the same in writing within 48 hours of the event.
5.5 Should it be deemed necessary to apply for parking dispensation for an event, the Client will take this responsibility unless otherwise requested. If parking charges are incurred the Client will be charged the total cost of the parking charges.
6 DESIGN MANAGEMENT’S OBLIGATIONS
6.1 The Design Management shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
7 LIMITATION OF LIABILITY
7.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Design Management for death or personal injury, however the Design Management shall not be liable for any direct loss or damage suffered by the Client, their guests, contractors’ agents or any of their employees or to the venue itself howsoever caused, as a result of any negligence, breach of contract or otherwise.
7.2 The Design Management shall not be liable under any circumstances to the Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
7.3 All equipment supplied or hired to the Client by the Design Management shall at all times be exclusively at the risk of the Client during any period when the equipment is at an event or venue. The Client shall make good to the Design Management all loss of or damage to the Design Management and its sub-contractors property or equipment hired or used on the site (other than fair wear and tear) unless it shall be proved that such loss or damage was caused by faulty material or workmanship or negligence on the part of the Design Management.
7.4 If electrical generators or additional power supplies are required and if the Client does not avail himself of the opportunity of the Design Management providing an emergency power supply (where this is available) the Design Management shall accept no responsibility for loss or damage however so caused as a result of any failure in the primary supply.
8 CANCELLATIONS
8.1 Cancellations by the Client shall only be accepted in writing and will be effective from the business date received at Design Management’s office.
8.2 In the event of a cancellation the following charges shall apply:
8.2.1. Anytime eight weeks prior to the event 80% of the Proposal is payable.
8.2.2. Less than 8 weeks prior to the event 100% of the Proposal is payable.
8.3 In any event if at the time of cancellation the Design Management have incurred expenses or liabilities in relation to the event which exceed the amounts due on cancellation as referred to above then the Client shall pay to the Design Management immediately an amount equal to such excess, in addition to the cancellation amounts referred to above.
Clients are strongly advised to insure themselves against the risk of cancellation which would cover instances in 8.2 and 8.3 above.
8.4 Design Management shall be entitled to cancel their engagement hereunder at any time without any f urther liability on the part of venue management if in the reasonable opinion of design management:-
8.4.1 the event or any matter concerning the Client or its business may bring design management into
disrepute or is likely to harm the reputation of Design Management or its business or is in breach of
Design Management’s copyright; or
8.4.2 The event may render the Design Management liable to claims by third parties or place any such third parties (or their property) at risk.
9 COPYRIGHT
Copyright in all original materials, sketches, plans, photographs, drawings, layouts, specifications and proposals is and shall at all times remain vested in the Design Management. The Design Management reserves the right to take such action as maybe appropriate to restrain or prevent infringement of such copyright.
10 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, flooding, epidemic, pandemic (excluding Coronavirus), lock outs, accidents, war, fire, acts of terrorism, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
11 COVID 19
If a Covid event occurs which the customer deems (in its reasonable determination) to make the staging of an event impossible or unviable (for commercial reasons or otherwise), of if the venue terminates and/or suspends its agreement with the customer due to a COVID event, the customer may (at its sole dicretion) (i) terminate this agreement with immediate effect (ii) cancel an event or (ii) reschedule an event on notice to the Design Management without any liability to Partridge Events, as set out in this clause 11.
11.3 – If the customer reschedules an event, this agreement shall apply to the rescheduled event in the same way as to the event and each party shall bear its own costs and expenses incurred as a result of rescheduling.
11.4 – If the customer cancels or terminates the agreement in accordance with this clause 11, (and not due to any breach by the Design Management of its obiligations under this agreement), the customer is liable to pay for any out of pocket event costs, design time, pre-production time, booked and confirmed crew as agreed between both parties.
11.5 – If the event cannot go ahead due to a national lockdown, the event may be postponed to another date or cancelled with full out of pocket costs covered by the client to Partridge Events.
11.5 – If Partridge Events have to close due to Covid, suitable replacements will be sort to the best of their ability but they will not be held liable for any out of pocket costs relating to the cancellation of the event.
12 H&S RESPONSIBILITIES
The Design Management will submit where relevant:
Evidence of Public Liability Insurance
Evidence of Employers Liability insurance
Fire Certificates
Health & Safety Policy
Risk Assessments
Method Statements
Evidence of crew training where appropriate
Technical and structural calculations where relevant
Wind loadings where relevant
Evidence of equipment inspection, maintenance, and testing – such as required under Lifting operations lifting equipment regulations 98, and provision and use of work equipment regulations 98’.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
14 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.