1. TERMS AND CONDITIONS
‘Invoice’ means a document headed as an “Invoice” or “Amended Invoice” or “Duplicate Invoice”.
‘Contract’ means a document headed overleaf as a ‘Booking Agreement’ and outlines the engagement of the Company by the Client for the provision of a Service on and subject to the terms and conditions mentioned herein and overleaf.
‘Client’ means the person named overleaf by the “CLIENT’S NAME” heading on a Contract or the person the invoice is addressed to.
‘Company’ means Banana Split Plc registered at Unit F, Carlisle Road, London. NW90HN, a company registered in England and Wales.
‘Date of Event’ means the time for the performance by the Company of the service as specified overleaf.
‘The Hire’ means the event to be held on the Function Date for the Performance Times at the Venue.
‘Service’ means the service specified within the ‘ITEM DESCRIPTION’ column overleaf to be provided by the Company to the Client at the Venue on the Function Date for the Performance Times.
‘Outstanding Total’ means the balance of money in sterling due to the Company from the Client for the Service.
‘Organisation’ means the company or charity or trust or sole trader or partnership or firm mentioned overleaf in its entirety beneath the Client’s name if mentioned at all.
‘’Event’’ means the Client’s party/event/conference on the Date of Event
This agreement is between the Client, Organisation (if applicable) and the Company, and is complete in its entirety. These are the terms and conditions of trading of the Company.
1) It is agreed that in the event of any circumstances outside the Company’s control that prevent the Company from fulfilling their obligation to the Client, apart from those caused by the Company’s own negligence, the Client is still liable to pay the Company in full. The Company will endeavour to try to provide the same service from an alternative company being of at least similar quality should this be possible or applicable.
2) It is agreed that the Company is only obliged to supply the Service to the Client for the Event. This agreement outlines the hire and rental of services and equipment only. Right of ownership of all equipment supplied remains that of the Company’s at all times unless otherwise stated.
3) If the Event is required to extend the performance times or hired items are returned to the Company late, the Client will be required to pay an additional charge to the Company. For hired items a daily hire charge will be applied without limit, which will continue increasing until such time that the goods are returned, or the value of the goods are paid in cleared funds to the Company. Should the value of the goods be paid, the additional hire charges are still owed.
4) The Outstanding Total is to be paid before the Event, unless otherwise permitted by the Company in writing.
5) The Client hereby guarantees full payment to the Company, including all additional costs incurred in the recovery of monies from the Client and/or Organisation.
6) The Client is responsible for all losses and/or damages incurred by the Company as a result of any misconduct by the Client and/or any person/guest attending the Event.
7) The Client will be liable to the Company a cancellation fee of 40% of the Outstanding Total for a cancellation notified to the Company within 8 weeks of the date of the Event, or a cancellation fee of the Outstanding Total for a cancellation notified to the Company within 15 days of the date of the Event. Any cancelation made more than 8 weeks will be entitled to refund, excluding the deposit, any costs incurred by the Company and the cost any Service already performed.
8) The Client is responsible for all bank charges incurred by the Company for cheques and/or payments issued and dishonoured to the Company from the Client and/or any payments made on their behalf.
9) The Company reserve the right to substitute equipment supplied for the Event with alternative equipment of similar or better quality.
10) The Company has no obligations to the Client for the Event, unless the full deposit amount has been accepted by the Company along with a signed Contract. If there is no deposit due, the Company agrees to supply the Service for the Event on receipt of a signed Contract or a copy of it, but reserves the right to withdraw from its obligations within seven days of receipt of the Contract or a copy of it. The Company also reserve the right to accept verbal bookings at the Company’s discretion (see clause 19).
11) The Company reserve the right to subcontract other companies to supply the Service.
12) The Client must inform the Company of any additional restriction and/or bylaw and/or additional guideline that must be adhered to during the Event. If the Client fails to do this they will be liable to the Company for all of its losses as a result of the Company breaching any law and/or guideline and/or restriction that the Company has not been made aware of.
13) The Company is not contractually bound to perform any additional non-charged service requested by the Client, which includes music requests for discos and bands.
14) The Company will not be held liable for any damages and/or compensation to the Client for not fulfilling or completely fulfilling their obligations to the Client due to any limitation and/or restriction encountered prior to and/or during the Event that were not caused directly by the Company’s negligence and/or incompetence.
15) The Client hereby agrees that all of the information given to the Company is correct and agrees to take full responsibility for any mistake quoted and/or missing detail and does not hold the Company responsible for any action it does as a result of any mistake and/or missing detail.
16) Late and/or non-payment of monies owed to the Company within the specified time limit mentioned herein or otherwise is deemed as a breach of this Contract.
17) If a discount has been given to the Client, it is only valid if all of the terms and conditions mentioned herein are adhered to by the Client, and that there is no breach of this Contract by the Client.
18) The Company reserve the right to withdraw from this and/or any other contract and/or agreement with the Client due to overdue accounts owed to the Company from the Client and/or any breach of this and/or other Contract made by the Client.
19) If a verbal booking is made, all of the applicable clauses herein and overleaf (if applicable) apply, and the person who makes the verbal booking and/or the person invoiced is deemed as the Client.
20) The Client and/or any guest and/or any representative of the Client agree not to be abusive and/or violent towards any representative of the Company.
21) If there is any public disturbance at the Event brought about by the Client and/or any guest and/or any representative of the Client, it is agreed that the Client will be in breach of this contract.
22) If the Client is in breach of this contract, the Company reserve the right to stop performance, and the Client will be responsible for full payment and will not penalise or hold the Company liable.
23) The Company will not be penalised if they are unable to perform all or any part of this contract due to an agent of the Venue stopping the Event or if the Venue are unable to allow performance of this contract.
24) It is the client’s responsibility to obtain all necessary licenses and permissions for the performance of their event, including radio mic licenses, live music licenses, PPL, etc.
25) The Organisation (if applicable) shall be jointly and severally liable with the Client for all of the Client’s liabilities to the Company mentioned herein and overleaf.
26) By utilising the Service from the Company, the Client and the Organisation agree to all the terms and conditions herein unless otherwise agreed in writing.
27) The price quoted and/or agreed is subject to change in the case of high or hyper inflation in England. Any price increase will not be more than a proportional increase to the rate of inflation for the period from the date of the last agreed quote upto the date of the end of the event.
In all the above wording the singular includes the plural.