Terms and Conditions
1. Hire Agreement
A Customer Order Confirmation shall constitute a binding contract between Event Designers Ltd and the Customer for the hire of services specified therein.
2 Obligations of Management
2.1 In consideration of the payment of the Fee to Event Designers Ltd by the Customer, Event Designers Ltd shall procure the provision of event services booked by the Customer on the Date at the Venue agreed.
2.2 Event Designers Ltd may use subcontractors in the execution of this Agreement and in doing so Event Designers Ltd assumes full responsibility for the execution of Agreement.
3 Obligations of Customer
3.1 In consideration of Event Designers Ltd performing its obligations hereunder the Customer agrees to pay Event Designers Ltd the Fee which shall be paid as follows unless otherwise agreed.
3.2 as to the 50% deposit by or on behalf of the Customer if booking is received more than 6 months prior to the event date
3.3 as to the balance within 10 working days prior to the event.
3.4 Fees are based on UK sterling. All international banking charges to be covered in full by the Customer.
3.5 To provide suitable parking onsite at no cost to Event Designers Ltd, its subcontractors or performers. Parking charges or penalty notices received during the execution of this Agreement are to be covered in full by the Customer.
3.6 To provide green room, subsistence in the form of lunch or dinner with soft drinks to be provided to Event Designers Ltd crew or its subcontractors and entertainers where staff are onsite for more than 3 hours, including rehearsals and waiting time and all costs covered by the Customer unless otherwise agreed.
4.1 All sums payable under this Agreement unless otherwise stated are exclusive of VAT and other duties or taxes
4.2 Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums
5 Cancellation by Client
5.1 Subject to the terms of this Clause 6 the Customer shall have the right to cancel this Agreement. The Customer’s instruction to cancel this Agreement will only be valid if in writing. The cancellation will take effect the day it is received by the Event Designers Ltd. Telephone messages are not accepted as cancellation.
5.2 100% of the total billing will be payable by the Customer when notice of cancellation is actually received in writing by Event Designers Ltd if within 2 months of the date of the event. If cancellation is received in writing between 2 – 6 months of the event date 50% of the total contract value will be due. Before 6 months of the event date 30% of the full contract value will be applicable. (email is acceptable to firstname.lastname@example.org but telephone communication to cancel the booking are not acceptable).
The Customer agrees to indemnify and keep fully indemnified the Event Designers Ltd or its agents from and against any claims, actions proceedings, costs, awards and damages whatever incurred or arising against Event Designers Ltd or its agents in respect of, or arising out of, any breach or non-performance or non-provision of event services by the Customer of any of its obligations
The parties shall pay their own costs and expenses incurred in relation to the negotiation, preparation and execution of this Agreement
All notices which are required to be given hereunder shall be in writing and shall be sent to the address of the recipient set out in this Agreement. Any such notice may be delivered personally or by first class pre-paid letter or email and shall be deemed to have been served if by personal delivery when delivered if by first class post 48 hours after posting and in the case of email, when despatched.
Without prejudice to clause 2.2 of this agreement, neither of the parties hereto may assign its rights or obligations in whole or in part hereunder without the prior written consent of the other
10 Good faith
Each of the parties hereto undertakes with the other to do all things reasonably within its power which are necessary or desirable to give effect to the spirit and intent of this Agreement
11 Further assurance
The parties hereto shall, and shall use their respective reasonable endeavours to procure that any necessary third party shall, do, execute and perform all such further acts and things as either of the parties hereto may reasonably require by notice in writing to the other to carry the provisions of this Agreement into full force and effect
12 Time of the essence
Any date or period mentioned in this Agreement may be extended by agreement between the parties hereto failing which, as regards any such date or period, time shall be of the essence of this Agreement
This Agreement shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with this Agreement
14 No partnership
Nothing in this Agreement shall constitute or be deemed to constitute a partnership between either of the parties and neither of them shall have any authority to bind the other
15.1 No failure to exercise and no delay in exercising on the part of either party hereto any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies otherwise provided by law
15.2 In extreme circumstances outside of the control of Event Designers Ltd, it may not be possible to deliver or collect on agreed time or day – this can include but limited to; bad weather, road closures, traffic gridlock, act or terror etc. Event Designers Ltd will not be responsible or liable for any delays in delivery or collection due to the disruption and will endeavour to complete the delivery or collection within 24hrs of the agreed day and time without prejudice to the agreement between Event Designers Ltd and The Customer and the full costs associated with the agreement will be due by The Customer.
16 Ownership and Risk
16.1 All stock including, but not limited to, linens, centrepieces, props, staging, lighting and other temporary structures, are on hire only to the Customer at all
times throughout the Use Period unless otherwise stated.
16.2 Where the Customer is hiring stock, without prejudice to clause 16.1, the Customer, shall at all times throughout the Use Period, be solely responsible for
the risk to the stock. Charges will be made for lost or damaged stock. Replacement charges for lost or damage stock are available upon request.
Linens – Temporary Hire
17 Hire of Linen
17.1 The Customer shall throughout the Use Period:
(a) take reasonable care of the Linen and only use the Linen for its proper purpose;
(b) notify Event Designers Ltd immediately of any loss of or damage to any Linen;
(c) keep the Linen free from any distrait, distress, execution or other legal process.
17.2 The Customer shall at the end of the Use Period:
(a) procure that all Linen is available for collection at the agreed time on the End Date (or, if earlier, on termination of the Customer Order), and thereafter during all normal business hours for a period of not less than seven (7) days from a ground-level location at the Delivery Address in accordance with Event Designers Ltd reasonable requirements;
(b) ensure that all Linen is packed in separate linen bags by type (which shall include, without limitation, ensuring that soiled linen is not packed in the same bag as table cloths and napkins);
(c) forthwith notify Event Designers Ltd in writing prior to the return of the Linen of any toxic or hazardous substances that have been in contact with the Linen.
(d) Customers will be provided with a Customers Returns Note which allows them to record linens being returned and note any damages or losses. This is not a requirement of the contract to complete and return with the goods, but it is advisable.
17.3 Event Designers Ltd will notify the Customer of any missing or damaged Linen within seven (10) working days of collection/return, not including the day of collection/return.
17.4 Following such notification, the Customer must within 72 hours notify Event Designers Ltd in writing of any Linen notified by Event Designers Ltd as missing but that has subsequently been found and, with respect to such found Linen, comply with its obligations under clause 2.5. If no such notification is received by Event Designers Ltd within 72 hours or if the Customer does not comply with its obligations under clause 3.5 with respect to the relevant Linen, Event Designers Ltd will invoice the Customer for the missing Linen. If the Customer notifies Event Designers Ltd that it has found any missing Linen after such invoice has been raised and returns such Linen, Event Designers Ltd will, upon receipt of such Linen, issue a credit note to the Customer for an amount equal to 75% of the replacement cost of such Linen.
17.5 The Customer shall reimburse Event Designers Ltd on demand and in full for the cost of replacing any Linen which is missing or damaged which is, in Event Designers Ltd reasonable opinion, damaged (fair wear and tear excepted). The replacement cost of any Linen is available on written request from Event Designers Ltd. The Customer shall be entitled to inspect damaged Linen during a period of three (3) Working Days following notification by Event Designers Ltd that the Customer will be charged for the replacement of such Linen, after which period Event Designers Ltd shall be entitled to dispose of such Linen without liability to the Customer.
17.5.1 For the purposes of this clause, “damaged” means Linen that has been burnt, torn, stained (including but not limited to, stained with candlewax, mildew, excessive food deposits, ink, concrete, glue, or vomit), or otherwise damaged.
17.6 The Customer acknowledges and accepts that if, at the end of the Use Period, the Customer returns any item which does not form part of the Linen originally delivered to the Customer, then Event Designers ltd shall:
(a) have no obligation to notify the Customer of its receipt of such item;
(b) subject to paragraph (a), make such item available for collection by the Customer for a period of not less than 14 days after the End Date, following which period Event Designers ltd shall be entitled to dispose of such item without liability to the Customer.
18. Deliveries & Collections
18.1 Delivery and collection outside of Normal Working Hours (Monday – Friday 9 a.m. – 5 p.m.) additional charges will apply if delivery is required outside of normal working hours.
18.2 Timed specific deliveries will incur additional charges.
18.3 Parking charges or parking fines incurred during the process of delivering and collecting the linens, The Customer agrees to reimburse Event Designers Ltd for all costs.
18.4 Maximum waiting time for delivery and collection is 15 minutes after that time the driver may leave. Additional charges may be incurred by The Customers for the delivery or collection to be made at a different time. This may mean that the delivery or collection cannot be made on the same day as the start or finish of the hire period agreed.
19. Ownership and Risk
19.1 All Linens are on hire only, to the Customer at all times.
19.2 Without prejudice to clause 5.1, the Customer, shall at all times throughout the Use Period, be solely responsible for the risk to the Linen at all times during the Use Period.
20.1 Event Designers Ltd warrants to the Customer that, as at the Delivery Date, the Linen conforms in all material respects with Event Designers Ltd descriptions of such Linen, provided always that the Customer acknowledges and accepts that (a) sizes, colour, shades and other specifications relating to the Linen is based on new items and, in the case of used items, may be subject to shrinkage, fading or other change in processing.