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TERMS AND CONDITIONS FOR BUTLERS IN THE BUFF
LIMITED
STANDARD TERMS
AND CONDITIONS FOR THE PROVISION OF SERVICES
1.
Interpretation
In these conditions:
'Company'
means Butlers in the Buff whose registered
offices are at 30 Whiteladies Road,
Clifton, Bristol, BS8 2LG.Butlers
in the Buff form part of JWS (SHAREHOLDINGS) LTD, who's company registered number is 5505556
'Conditions'
mean these standard terms and conditions for the sale and supply of services
'Contract'
means the contract between the company and the client for the sale and supply
of services.
'Customer'
means a business or consumer whose order for services is accepted by the
company.
'Services'
means the services which the company is to supply in accordance with these
terms and conditions.
2.
Complete agreement
(i)
These
conditions shall govern the contract to the exclusion of any other terms and
conditions between the company and the customer and no variation to the
contract or these conditions (including the incorporation of the customer's standard
terms and conditions of business) shall be binding upon the company unless
agreed in writing by the company and signed by an authorised representative of
the company.
(ii)
The company's
agents. Or representatives are not authorised to make and representations
concerning the service unless an authorised representative of the company
confirms such representations in writing.
(iii)
Any typing,
clerical or other error or omission in any sales literature, price list,
invoice or other documentation or any information issued by the company (in
whatever form and on any media) Shall be subject to correction without any
liability on the part of the company.
3. Contract.
(i)
No order
submitted by the customer shall be deemed to be accepted unless expressly
confirmed (in whatever form and on whatever media) by an authorised
representative of the company by means of confirmation or until the company has
begun provision of the services, whichever is first in time.
(ii)
The customer
shall be responsible for ensuring the accuracy of any order submitted by the
customer including giving the company any necessary information relating to the
contract and delivery (as the case may be) within sufficient time to enable the
company to provide the services as requested by the customer.
4. Price
(i)
The price of
the services shall either be the price payable for the services at the time of
acceptance of the customer's order in accordance with 3.(i)
above or in cases where the customer has paid for the services by credit card
or cheque and payment has cleared the price paid for the services by the
customer at the time when payment cleared, subject to the company reserving the
by giving notice in writing to the customer at any time before deliver to
increase the price of services to reflect any increase in the cost of provision
of the services due to matters outside the company's control including (without
limitation) any increase in value added tax (VAT) and any other applicable
taxes.
(ii)
All prices
stated in the company's literature (in whichever for and whatever media) issued
by the company may be altered by the company at any time without giving notice
to the customer.
(iii)
The prices for
the services stated in any invoice shall be exclusive of VAT
(iv)
The customer
shall be liable for any reasonable cost incurred by the company in the event of
variation or suspension of any order by the customer.
(v)
Any
cancellation within a two week period prior to supply for whatever reason for a
confirmed booking shall result in the loss of any and all payment accepted by
the company. The company reserves the right to levy the full cost of any
booking. Any cancellation outside of the period stated above shall result in
the loss of 50% of the full fee including travel and retention by the company
of said 50%
5. Payment
(i)
Full payment for
all bookings is to be received in full by credit card or cheque and the company
be satisfied that the payments in question have cleared prior to 5 working days
before the provision of the services or at such time outside this provision as
may be agreed by an authorised representative of the company.
(ii)
The time of
payment shall be of the essence of the contract and receipts for payment shall
only be issued to the customer only upon request.
(iii)
If the
customer fails to make any payment on the due date then (without prejudice to
any other rights or remedies the company may have) the company shall be
entitled to cancel the contract or suspend the provision of any services to the
customer.
(iv)
For any extra
hours signed for by the client on the day of the booking the client will be
invoiced at the same hourly rate that the original booking was made for. Payment for such hours will be due on the
next working day after the event date. No money should be paid directly to the butler's. By signing the Job Sheet provided by the butler the client is
authorising payment on the Credit/Debit Card that was used to make the booking.
6. Risk
(i)
The company
will not be liable in any manor whatsoever for the loss or damage to any
property belonging to the customer during the provision of the services.
(ii)
The company
shall not be held responsible in any manner whatsoever for any offence caused
to any person in the provision of the services and the customer is held to
understand the full nature of the services provided and exercise their full
discretion in booking the services of the company.
(iii)
Should any
employee, agent, representative or servant of the company at any time during
the provision of the services feel the actions of the customer and or
conditions under which the services are to be provided is such as to constitute
a threat to their comfort of health and safety or well being the company
reserves the right to immediately withdraw and cancel all further services to
the customer and the customer will immediately forfeit all funds paid to the
company.
7. Indemnity
The
customer shall indemnify the company against all proceedings, costs, fees,
expenses, payments, liabilities, losses and damages arising out of the breach
or negligent performance by the customer of any terms of the contract.
8. Complaints
Any
complaints as to the service provided should be communicated within 48 hours in
writing the company and any such complaint will be responded to within 5
working days of receipt within the period stated above.
9. Intellectual property
The
copyright of any work commissioned by the customer shall be retained by the
company.
The
customer shall not without express agreement of the company use, exploit or
reproduce any media in any form whatsoever obtained during the provision of
services.
10. Force majeure
The company shall not be liable to the customer or
deemed to be in breach of the contract for any reason of delay in performing,
or any failure to perform, any of the company's obligations in relation to the
services, where the delay or failure was due to any cause beyond the company's
reasonable control and without prejudice to the generality or foregoing the
following shall be regarded (without limitation) as cause beyond the companies
reasonable control:
a)
Acts of God,
explosion, flood, tempest, fire or accident;
b)
War or threat of
war, sabotage, insurrection, civil disturbance or requisition.
c)
Acts,
registration, regulations, bye laws or measures of any kind on the part of any
governmental, parliamentary, or local authority.
11. General
(i)
No waiver by
the company of any breech of
contract by the customer shall be construed as a waiver of any subsequent
breach of the same or any other provision of these conditions.
(ii)
The company
reserves the right to amend these conditions in respect of any promotion,
offer, or the like made or issued by the company from time to time in relation
to services.
(iii)
These
conditions shall be governed by and construed in accordance with the laws of England and Wales.
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