1.1 In these conditions:
“CLIENT” meant the person who accepts a quotation of G3 Events for the supply of the Services or who order for the Services is accepted by Leapfrog.
“SERVICES” means the Services which G3 Events is to supply or provide in accordance with these Conditions and referred to in the Client Booking Contract usually by way of an event.
“G3 Events” means the company G3 Events
“CONDITIONS” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Client and G3 Events.
“CONTRACT” means the contract for the supply and acquisition of the Services
“WRITING” includes electronic mail, facsimile transmission and comparable means of communication.
“CLIENT BOOKING CONTRACT” means the client Booking Contract to which these Conditions are appended.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2.1 G3 Events shall supply the Services to the Clients who shall purchase same in accordance with any written quotation of G3 Events which is accepted by the Client or any written order of the Client which is accepted by G3 Events subject to either case to these Conditions which shall govern the Contract to the exclusion of any others terms and conditions subject to which any quotation is accepted or purported to be accepted or any such order is made or purported to be made by the Client.
2.2 No variation of these Conditions shall be biding unless agreed in Writing between the authorised representative of the Client and a Direct6or of G3 Events.
2.3 G3 Event’s employee or agents are not authorised to make any representations concerning the Services unless confirmed by G3 Events in Writing. In entering into the Contract the Client acknowledges that is does not rely on and waived any claim for breach of any such representations which are not so confirmed in writing.
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 used by G3 Events shall be subject to correction without any liability on the part of G3 Events.
3.1 The Client shall be responsible to G3 Events for ensuring the accuracy of the terms of any order (including any applicable specifications and Client Booking Contract) submitted by the Client and for giving G3 Events all relevant information relating to the Services within a sufficient time to enable G3 Events to perform the Contract in accordance with its terms.
3.2 G3 Events reserve the right to make any changes in the specification of the Services which are required to conform with any applicable safety or other statutory requirements or where the Services are to be supplied to G3 Event’s specification which do not materially affect the quality of performance.
3.3 No order which has been accepted by g3 Events may be cancelled or varied by the Client expect with the agreement in Writing by a Director of G3 Events and n terms that the Client shall Indemnify G3 Events in full against all loss (including loss of profit) costs (including the cost of all labour and the materials used) damages charges and expenses incurred by G3 Events as a result of cancellation.
3.4 Without prejudice to Clause 3.3 above, if the Client shall cancel this Contract at any time then the Client agrees to pay the following cancellation charges:
3.4.1 If the cancellation is in writing and is received 90 days prior to the date of the specified Services then the Client shall pay 25% of the Price.
3.4.2 If the cancellation is in writing and received 60 days prior to the even then the cancellation charge will be 50% of the specified Price.
3.4.3 If the cancellation is in writing and is received 30 days prior to the event then the
cancellation charge will be 100% of the Specified Price.
3.5 In the event of cancellations as set out above, G3 Events shall be entitled to withhold
and set off any monies received from the Client (including those referred to at
paragraph 5 below) against the said cancellation charges.
4.1 The price of the Services shall be G3 Event’s quoted price. All prices quoted are valid
until price changed are bought into effect by G3 Events after giving the Client due
notice of price changes.
4.2 G3 Events reserves the right by giving notice to the Client at any time before delivery to
increase the price of the Services to reflect any increase in the cost to G3 Events which
is due to any factor beyond the control of G3 Events (such as but without limitation
foreign exchange fluctuation alteration of duties significant increase in the costs of
labour materials or other costs) and any change in delivery dates delivery locations
quantities or specifications for the Services which is requested by the Client or any
delay caused by an instruction of the Client or failure of the Client to give G3 Events
adequate information or instructions.
4.3 The price is exclusive of any applicable Value Added Tax which the Client shall be additionally liable to pay to G3 Events.
4.4 Unless otherwise stated delivery charges (if applicable) are included in any prices quoted by G3 Events.
5.1 Subject to any special terms agreed in Writing between the Client and G3 Events the Client shall pay to G3 Events 30% of the price of the Services on the acceptance of the Client Booking Contract and the balance of the price shall be paid not less than 10 working days prior to supply of Services. Time shall be of the essence with regard to the payment of the price of the Services.
5.2 If the Client fails to make any payment on the due date then without prejudice to any
other right or remedy available to G3 Events, G3 Events shall be entitled to:
5.2.1 cancel the Contract or suspend any further deliveries to the Client.
5.2.2 appropriate any payment made by the Client to such of the Services supplied under any other contract between the Client and G3 Events as G3 Events may think fit (notwithstanding any purported appropriation by the Client);
5.2.3 charge the Client interest (both before and after any judgement) on the amount unpaid at the rate 8 per cent annum above HSBC base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating means)
6.1 Performance of the Services shall be undertaken by G3 Events at the Client’s
premises or if some other place for performance is agreed by G3 Events, by G3
Events performing the Services at that place.
6.2 Any dates and/pr times quoted for performance of the Services are approximate only
and G3 Events shall not be liable for any delay in the performance of the Services
howsoever caused.
7.1 Subject to the conditions set out below G3 Events warrants that the Services will be
provided using reasonable care and skill and will correspond with their specification
at the time of performance.
7.2 The above warranty is given by G3 Events subject to the condition that G3 Events
shall be under no liability under the above warranty (or any other warranty condition
or guarantee) if the total price for the Services has not been paid by the due date for
payment.
7.3 Subject as expressly provided in these Conditions all other warranties conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law.
7.4 Expect in respect of death or personal injury caused by G3 Events negligence G3 Events shall not be liable to the Client by reason of any representation or implied warranty condition or other term or any duty at common law or under express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of G3 Events its employees or agents or otherwise) which arise out of or in connection with the supply of the Services.
7.5 G3 Events shall not be liable to the Client or be deemed to be in breach of the Contact by reason of any delay in performing or any failure to perform any of G3 Event’s obligations in relation to the Services if the delay or failure was due to any cause beyond G3 Event’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond G3 Event’s reasonable control:
Act of God explosion flood tempest fire or accident;
7.5.2 War or threat of war sabotage insurrection civil disturbance or requisition;
7.5.3 Acts restrictions regulations bye-laws prohibitions or measure of any kind on
the part of any governmental or parliamentary authority;
7.5.4 Strikes lock-outs of any other industrial actions or trade disputes (whether
involving employees of G3 Events or of other third parties);
7.5.5 Difficulties in obtaining raw materials fuel parts or machinery;
7.5.6 Power failure or breakdown in machinery;
7.6 In the event of G3 Events having to make changes to the specification of the Services
due to reasons beyond its reasonable control G3 Events shall be entitled to supply
alternative Services providing they are of equal statue.
8.1 This clause applied if:
8.1.1 the Client makes any voluntary agreement with its creditors or becomes
subject to an administration order or (being an individual or firm) become bankrupt
(being a company) goes into liquidation (otherwise than for the purposes of
amalgamation or reconstruction) or
8.1.2 an encumbrancer takes possession or a receiver is appointed of any of the
property or assets of the Client or
8.1.3 the Client ceases or threatens to cease to carry on business or
8.2 G3 Events reasonably apprehends that any of the events mentioned above is about to
occur in relation to the Client and notifies the Cline accordingly.
8.3 If the clause applied then without prejudice to any other right or remedy available to
G3 Events, G3 Events shall be entitled to cancel the Contract without any liability to
G3 Events and if the Services have been delivered but not paid for the price shall
become immediately due and payable notwithstanding any pervious agreement or
arrangement to the contrary.
9.1 Any notice required or permitted to be given by either party to the other under these
Conditions shall be in Writing addressed to that other party as it registered office or
principal place of business or such other address as may at the relevant time have
notified pursuant to this provision to the party giving the notice.
9.2 No waiver by G3 Events of ay breach of the Contract by the Client shall be
considered as a waiver of any subsequent breach of the same or any other provision.
9.3 If any provision of these Conditions is held by any competent authority to be invalid
or unenforceable in the whole or in part of the validity or the other provisions of these
Conditions and the remainder of the provision in question shall not be affected
thereby.
9.4 The Contract shall be governed by the law of England and Wales and the partied
agree to jurisdiction of the Courts of England and Wales.