the events agency terms and conditions of sale
1. Definitions
1.1 “Agent”
means The Events Agency Ltd
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, licenses 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 dateof 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 endeavors 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.
3.6 Payment will be accepted in the UK Pound Sterling Currency
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 al 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
The Agent as Agent for shall enter into services specified overleaf
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 that the Goods and Services at the time of
Deliveries 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. Disclaimers 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
CUSTOMER SERVICE CONTACT
E: info@theeventsagency.com
The Events Agency
Suite 204, London House
100 New Kings Road
London
SW6 4LX
T: 0844 5616734