Hospitalityweb Terms and Conditions of Sale
1. Definitions
1.1 “Agent” means Reward and Recognition Ltd T/A Hospitalityweb
1.2 “Buyer” means the person or organisation that buys or agrees to buy goods
and/or services from the Agent
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 Agent
1.4 “Goods” means the tickets, licences or permits enabling the Buyer to attend
the event function or venue specified overleaf
1.5 “Services” means those additional services specified overleaf to be provided
by the Agent in conjunction with the supply of goods
1.6 “Price” means the price for the goods and services to be provided by the
Agent excluding insurance and VAT where chargeable
2. Conditions Applicable
2.1 These Conditions apply to all contracts for the sale of Goods and supply of
Services by the Agent to the Buyer to the exclusion of all other terms and
conditions including any terms or conditions which the Buyer may purport to
apply under any purchase order, confirmation of order or similar document
2.2 All orders for Goods and Services shall be deemed to be an offer by the
Buyer to purchase such Goods and Services pursuant to these Conditions
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of
the Buyer’s acceptance of these Conditions
2.4 Any variation to these Conditions (including any special terms and
conditions agreed between the parties) shall be inapplicable unless agreed in
writing by the Agent
3. The Price and Payment
3.1 The Price shall be the price set out on the order form. The Price is
exclusive of VAT which shall be due at the rate ruling on the date of the
Agent’s invoice
3.2 Payment of the Price and of VAT shall be due on the following terms:
a) When the event date is greater than 6 months at the time of booking - 100%
Due – Terms 30 Days
b) When the event date is greater than 1 month but less than 6 months - 100% Due
– Terms 14 Days
c) When the event date is less than 1 month - 100% Due – Payment with order / by
return of post
3.3 Time for payment shall be of the essence
3.4 Interest on overdue invoices shall accrue from the date when payment becomes
due from day to day until the date of payment at the annual rate of four per
cent above Barclays Bank PLC’s base rate from time to time in force and shall
accrue at such rate after as well as before any judgment
3.5 In the event of the Buyer giving written notice of cancellation to the Agent
the Agent may use reasonable endeavours to resell the Goods or Services so
cancelled but the Agent gives no warranty in this regard and the Buyer will
continue to be liable for payment of any cancelled Goods or Services that are
not resold by the event date. The Agent shall be entitled to make additional
charges for any extra costs including marketing costs and for additional time
spent in reselling the Goods or Services.
4. The Goods
The description of the Goods shall be as set out overleaf
5. The Services
The description of the Services shall be as set out overleaf
6. Delivery
6.1 Delivery of the Goods shall be made to the Buyer’s address or as otherwise
agreed in writing by the Agent upon the Price of the Goods and the Services
together with VAT thereon being paid in full to the Agent. Delivery of Goods and
the Services shall not be due until payment of the Price and of VAT thereon has
been made by the Buyer to the Agent
6.2 Time being of the essence for payment, failure by the Buyer to make payment
of the Price of the Goods and Services and any VAT thereon in accordance with
these Conditions shall be deemed a repudiation of the contract entitling the
Agent in its absolute discretion and without prejudice to any other rights which
it may have to suspend all delivery of the Goods and Services to the Buyer
and/or to terminate the Contract without liability upon its part
6.3 Where the date or dates for holding any event changes due to any reason
beyond our reasonable control the Agent will notify the Buyer as soon as is
reasonably practicable following notice of the same to the Agent and the Buyer
shall be bound to accept the goods and services subject to the revised date or
dates in accordance with the conditions. The Agent shall be under no further
liability.
7. Agency
7.1 The Agent shall act as the Buyer’s agent for the supply of Goods and
Services. When acting as an agent the Agent is appointed by the Buyer to acquire
on their behalf from third parties, those goods and services described overleaf
at prices set out overleaf.
7.2 The Agent shall take the Buyer’s instructions with reasonable skill, care
and diligence
7.3 The Agent shall be entitled to retain as its fee any difference between the
monies paid by it on behalf of the Buyer for the purchase of the Goods and
Services and the Price appearing overleaf.
7.4 The Agent shall not be liable to provide any of the Goods or Services
specified overleaf but shall notify the Buyer promptly if it is unable to
acquire on behalf of the Buyer any of those Goods and Services. Any contracts
entered into by the Agent in acquiring Goods and Services specified overleaf
shall be entered into by the Agent as Agent for and on behalf of the Buyer.
8. Resale and Re-Supply of Goods and Services
8.1 The Buyer warrants that the Goods and Services being acquired from the Agent
are for personal use and will not be re-sold or offered as prizes in any
competition without the express written consent of the Agent.
8.2 The Agent may terminate this contract forthwith if the Buyer acts in breach
of the warranty given in this clause.
9. Warranties and Exclusions
9.1 The Agent warrants that its services will be carried out with reasonable
care and skill and agrees (but gives no warranty or representation) that it will
use its reasonable endeavours to ensure that the Goods and Services at the time
of delivery correspond with the description given by the Agent. All other
warranties, conditions or terms relating to fitness purpose, merchantability or
conditions or terms relating to fitness for purpose, merchantability or
condition of the Goods and whether implied by Statute or Common Law or otherwise
are excluded.
10. Disclaimer and Limitation of Liability
10.1 The Buyer acknowledges that the Agent’s obligations and liabilities in
respect of the Services specified overleaf are exhaustively defined in these
Conditions. The Buyer agrees that the express obligations and warranties made by
the Agent in these Conditions are in lieu of and to the exclusion of any kind
express or implied Statutorily or otherwise relating to anything supplied or
services provided under or in connection with a contract to which these
Conditions apply including (without limitation) as to the condition quality
performance merchantability or fitness for purpose of the Goods and/or Services
provided under such contract or any part of them.
10.2 The Buyer is responsible for the consequences of any use of the Goods and
Services specified overleaf. The Agent will not be liable for any indirect or
consequential or incidental or special damage or any loss, damage cost or
expense of any kind whatever and however caused, whether arising under Contract
tort (including negligence) or otherwise, including (without limitation) loss of
profits or of contracts or loss of goodwill even if the Agent has been advised
of their possibility.
10.3 The Agent does not exclude or limit liability for:
death or injury arising from an act of negligence of the Agent or its employees;
damage caused by the Agent’s fraud including fraudulent misrepresentation
10.4 If any exclusion disclaimer or other provision in these Conditions shall be
invalid for any reason and in all other cases falling within Clause 10.3 the
Agent’s total liability (whether in contract, tort, including negligence or
otherwise) in connection with a Contract to which these Conditions apply or
based on any claim for indemnity or contribution will not exceed the sum of
£1,000,000.00 in aggregate.
10.5 The Buyer agrees that except as expressly provided in clause 9 and this
clause, the Agent will not be under any liability of any kind whatever and
however caused arising directly or indirectly in connection with a supply of
Goods and/or Services to which these Conditions apply.
10.6 The Buyer acknowledges and agrees that the allocation of risk contained in
this clause is a recognition of the fact that it is not within the Agent’s
control how and for what purpose the Goods and Services are used by the Buyer.
11. Force Majeure
The Agent shall not be liable for any default due to any Act of God, war,
strike, lock out, industrial action, fire, flood, drought, tempest or other
event beyond its reasonable control.
12. Third Party Rights
These Conditions are not intended to confer any benefit on any third party or to
be enforceable by any person not a party a contract to which these Conditions
apply.
13. Law of Contract
This Contract is subject to the laws of England
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