termsandconditions

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Standard Conditions of Business

Definitions

1.1 “Client” means the company, person or organisation buying or agreeing to buy products and/or services from the seller. Client also includes prospective clients to whom the seller has addressed proposals or quotations.

1.2 “Seller” means  Unconventional Design Limited, 19 Huntington Rd, York YO31 8RB

1.3 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller.

1.4 “Engagement Schedule” means the schedule of goods and the service description the client has agreed to purchase and or hire from the seller together with all duly authorised related variation orders.

1.5 “Price” means the price the client has agreed to pay for the hire or sale of goods and the supply of services described in the Engagement Schedule are to be delivered.

1.6 “Conditions” means the standard terms and conditions of sale set out in this document including any specific terms and conditions agreed in writing.


Conditions applicable

2.1 This agreement applies to this sale by the seller to the client to the exclusion of all other terms and conditions including any terms or conditions which the client may purport to apply under any purchase order confirmation of order or similar document.

2.2 Variations to this agreement must be made using a variation order in accordance with the procedure agreed within the Engagement Schedule.

2.3 placing your order means acceptance of this agreement.

2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the seller shall be subject to correction without any liability on the part of the seller.

2.5 No variation to these conditions shall be binding unless agreed in writing.

2.6 If any provision of these conditions is held by any competent authority or court to be invalid or unenforceable in the whole or in part the validity of the other provisions of these conditions and the remainder of these provisions in question shall not be affected.


Price and payment

3.1 The price shall be the price stipulated in the Engagement Schedule together with all duly authorised variation orders. The price is exclusive of VAT which shall be the rate ruling on the date of the seller’s invoice.

3.2 Payment of the price shall be 25% on the signing of the Engagement Schedule, 25% not less than 5 working days prior to the event date described in the Engagement Schedule and the balance including all variations orders within 30 days of the event described in the Engagement Schedule. Where there is a variant between the payment terms documented in this clause 3.2 and those documented in the Engagement Schedule the payment terms in the Engagement Schedule shall prevail and also apply to every variation order to that Engagement Schedule.

3.3 Interest on overdue invoices shall accrue from the date payment become due at statuary interest rate determined by the late payment of commercial (interest) Act 1998 and subsequent orders. Where payment is late Unconventional Design Limited reserves the right to impose an administration charge of £100 plus all solicitor’s costs incurred in the collection of overdue payments.

3.4 Quotations and proposals are only valid in writing and for the period they state. If not stated the period is 30 days from the date the quotation or proposal was written.


Intellectual Property

4.1 The copyright in the material contained in all proposals and all quotations or any other information between the seller and the client belongs to Unconventional Design Limited. All rights reserved. None of this material may be reproduced or distributed or used without the seller’s express permission in writing.


Liability

5.1 The seller accepts liability for any property lost or damaged, death or personal injury caused the negligence or deliberate misconduct of the seller, or our employees, agents or subcontractors.  Accept for death or personal injury, this liability is limited to £250,000 pounds.

5.2 The seller shall not be liable to the client for or be deemed to be in breach of the Engagement Schedule by reason of any delay in performing or failure to perform any of the seller’s obligations in relation to the Engagement Schedule if the delay or failure was due to any cause beyond the seller’s reasonable control and in particular (but without prejudice to the generality of the forgoing).

5.3 Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, local or other duly constitutional authority apply.

5.4 The seller shall not be reliable to the client for a) Indirect or consequential loss or damage (whether for loss of profit or otherwise) costs, b) loss of business profits, c) Damage remedied by the seller in reasonable time, d) Loss avoidable by the client taking reasonable measures, e) all items excluded from the warrantee by “force majeure”, f) expenses or other claims for the consequential compensation whatsoever which arises (whether through the seller’s negligence or otherwise) out of or in connection with the supply installation use dismantling or removal of the goods and/or the service description referred to in the Engagement Schedule.


Force Majeure

6.1 The seller is not liable for failure to meet the requirements of the Engagement Schedule or Delivery Schedule where failure is caused by circumstances beyond the reasonable control of the seller examples include strikes, government or regulatory action, natural disasters and supplier/transport/production problems.


Cancellation

7.1 The client shall not be entitled to cancel any Engagement Schedule save on the terms that the client shall pay to the seller.

7.2 In the case of cancellation more than 3 weeks prior to the dates referred to the Delivery Schedule one half of the price as the liquidated damages plus all costs contracted by the seller in the performance to date of the Engagement Schedule.

7.3 In the case of cancellation less than 3 weeks prior to the date referred to the Delivery Schedule the price as the liquidated damages


Confidentiality

8.1 Each party must treat all information received from the other marked “confidential” or reasonably obvious to be confidential as it would treat its own confidential information.

Your Obligations as a Client- you are responsible for:

9.1 Your own choice of venue.

9.2 Providing to the seller with all courtesy, information, corporation, facilities and access to enable the seller to perform duties failing which the seller shall not be obliged to perform any service or assistance.

9.3 Insuring the security and return of all equipment, hired in plant and themed accessories supplied in accordance with the Engagement Schedule. All such items not returned or returned damaged will be charged to the client at replacement cost.


Hire- where the client as part of the Engagement Schedule hires equipment, sets or other products.

10.1 The period of hire shall commence on the earlier of the date of the contract and the date on which the hire equipment is collected by or delivered to the client.

10.2 Unconventional Design Limited shall maintain the hire equipment at its own expense and the client shall when required by Unconventional Design Limited grant access to the hire equipment for the purpose of inspecting it and carrying out maintenance or repair.

10.3 In the event of damage Unconventional Design Limited must be notified immediately. The client must not carry out repair or maintenance to the hire equipment.

10.4 If damage has been caused by the fault or misuse or carelessness of or by the client the repair will be at the expense of the client.

10.5 If the hire equipment is returned damaged the client will be reliable for the cost of repair or replacement of the hire equipment that was hired. Unconventional Design Limited will effect the repair or replacement and will invoice the client accordingly.

10.6 If the hire equipment is not returned to Unconventional Design Limited then Unconventional Design Limited will invoice the customer for the replacement of the missing items and the equipment hire charge.


Jurisdiction

11.1 These terms and conditions are governed by the law of England and the parties submit to the jurisdiction of its cause.


Miscellaneous

12.1 If any part of the agreement is found to be invalid or unenforceable by the court the rest is unaffected. Unconventional Design Limited may subcontract its obligations to a competent third party otherwise neither party may assign or transfer any obligations or rights.

12.2 All notices must be inviting (by hand, email, fax or first class post deemed delivered 48 hours after posting) and sent to the registered of either party.


Insurance

13.1 The client agrees to insure all hired in plant and equipment on a full replacement basis against the risks of lost and theft and on demand pay to Unconventional Design Limited any insurance proceeds. The client agrees that the loss suffered by Unconventional Design Limited includes the ongoing rental from the date of the loss until the claim is settled in full.

13.2 Where the client chooses not to insure all hired in plant and equipment the client agrees to accept liability for the full replacement cost of all such plant and equipment loss, stolen or damaged together with the hire charges from the date of the loss until the claim is settled in full.