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FrameSmart Terms & Conditions
TERMS AND CONDITIONS GOVERNING EVENT BOOKINGS WITH FRAMESMART LTD
1. Definitions: In the context of this agreement, the words and phrases below have the following meanings:
2. Terms of Sale
2.1 FrameSmart agrees to sell and The Customer agrees to buy The Package, subject to these Conditions and it is expressly agreed that these Conditions represent the entire agreement and may only be varied or amended by the written agreement of both parties.
2.2 FrameSmart employees or agents are not authorised to make representations (whether oral or in writing) concerning alterations to the information in the literature or these conditions and any such alterations shall only be binding when confirmed in writing by a director of FrameSmart. The Customer acknowledges in signing this agreement that they have not relied on any such representations.
2.3 FrameSmart may at any time and without liability amend any error or omission in their literature or invoice or any other document they have issued.
3. Reservations and Payment
3.1 The literature constitutes an invitation to treat and no binding agreement shall exist until a valid booking form is issued by FrameSmart and received back within the stated deadline duly signed by a person having ostensible authority to sign on behalf of The Customer.
3.2 Payment of the deposit is required within 2 days of receipt by FrameSmart of a signed booking form and the balance not less than 15 weeks before the Event.
3.3 On orders placed within 15 weeks of the Event, full payment is due upon receipt of the invoice
3.4 FrameSmart shall be entitled to charge the Customer interest on all overdue balances at the rate of 8% per annum above the base lending rate from time to time of National Westminster Bank Plc (both before and continuing after any Court Judgement) from the date payment became due to the date of payment in full with such interest being applied on a daily basis.
4. Additional Services
4.1 From time to time FrameSmart may provide additional goods and/or services which do not form part of The Package. In such circumstances, FrameSmart shall act as agents of The Customer and only on the basis that no liability of any kind shall attach to FrameSmart.
4.2 FrameSmart shall issue a separate invoice for any additional goods and/or services which shall be payable within 5 days of the date of the invoice unless the order is placed within 4 weeks of the Event when payment is due upon receipt of the invoice.
5. Rights of Alteration
5.1 Whilst FrameSmart will use all reasonable efforts to deliver The Package it reserves the rights to alter The Package in anyway and for any reason which in its absolute discretion it considers necessary.
5.2 FrameSmart shall be entitled to increase the Price at any time and for any reason which in its absolute discretion it considers necessary and payment of the additional sum shall be made by The Customer within 5 days of the invoice.
5.3 The Customer shall be entitled to cancel The Package and receive a full refund if FrameSmart increase the Price providing written notice of Cancellation is given by The Customer within 4 days of the date of the invoice notifying The Customer of the increase.
6. Exclusive Facilities
6.1 Where a Customer requests an exclusive facility at the venue, this will be subject to an additional exclusivity fee plus VAT where applicable. FrameSmart shall issue a separate invoice for the exclusivity fee which shall be payable within 5 days of the date of the invoice unless the request is made within 4 weeks of the Event, when payment is due upon receipt of the invoice.
7.1 FrameSmart will despatch where possible car park and other passes and information to The Customer prior to The Event date providing the Price and any additional charges have been paid in full. When it is not possible for any reason, FrameSmart reserves the right to make the tickets available for collection by The Customer on The Event date.
8. Service Charge
8.1 A zero percent service charge is obligatory and is added to the invoice for The Package Price.
9. Warranties and Liability
9.1 FrameSmart cannot guarantee and does not warrant that the Event will take place on the date or dates agreed or at all or the ability of its suppliers to supply (all of which shall be treated as force majeure). FrameSmart shall not be liable for any consequential loss or damage including (but not limited to) loss of business or profits sustained by The Customer in any circumstances. In the circumstances of an event of force majeure, The Customer shall not be entitled to any refund except to the extent that FrameSmart is able to obtain a refund from third parties.
9.2 Nothing in this agreement shall exclude the liability of FrameSmart for its negligent acts or omissions which cause death or personal injury.
9.3 Except for claims under 9.2, the liability of FrameSmart to The Customer for breach of this agreement or negligence or otherwise shall be limited to a maximum of the Price.
10. Cancellation and Termination
10.1 The Customer shall be entitled to cancel The Package at any time by giving notice in writing to FrameSmart.
10.2 In the event of cancellation for whatever reason save as prescribed in 9.1, The Customer shall forfeit any payment made under 3.2 above and if not yet paid, shall remain liable for such payment in accordance with this agreement.
10.3 In addition to 10.2 above, if cancellation is made 15 weeks or less before the Event date, then the full Price remains due and shall be payable forthwith.
10.4 If any payment is not received by the due date for it, FrameSmart shall be entitled, at its sole discretion, to treat The Package as cancelled by The Customer and in those circumstances shall issue a written notice of cancellation to The Customer and the provisions of clauses 10.2 and 10.3 shall apply.
11.1 Any failure or delay by FrameSmart in enforcing or exercising any of the terms or rights or powers arising under this agreement shall not constitute a waiver of those terms or rights or powers and shall not affect CG Event’s right to enforce or exercise them at some later stage.
11.2 If for any reason any of the Conditions set out in this agreement are held to be illegal and/or unenforceable then the remainder of the agreement will continue in force but without those particular conditions.
11.3 Any notices to be served in accordance with this agreement must be served personally or by ordinary First Class mail, email or facsimile. All invoices and notices served by FrameSmart will be sent to The Customer at the address on the booking form or such other address that has been notified to FrameSmart in writing. All notices to be served by The Customer shall be sent to our registered office address and such notices shall be deemed to take effect only when acknowledged by FrameSmart in writing.
11.4 Any legal costs, expenses or charges incurred by FrameSmart in recovering any outstanding payments shall be paid by The Customer on a full indemnity basis.
11.5 This agreement is to be considered in accordance with the Laws of England and Wales and FrameSmart and The Customer hereby submit to exclusive jurisdiction of the English Courts.