Terms and Conditions
1. DEFINITIONS
- “The Company“ - means Crazyblend Cocktails, 14 the Pagoda, Maidenhead,
Berkshire, SL6 8EU
- “The Client“ - means any person, partnership, or company or its subsidiaries
or associates who contract for any of the services of the Company.
- “Conditions” - means the terms and conditions of the contract subsisting
between the Company and the Client. In the absence of any particular
differing agreement in writing these terms and conditions apply.
- “Goods and services” - means the goods and/or services, which the Company is
to supply in accordance with these Conditions.
- “Information” - means any advice, reports, controls, computer software, or
any intellectual property supplied by the Company for the express use of
the Client, and for no third party.
- “The Contract” - means the order (either verbally or in writing) placed by
the Client and accepted by the Company, covering the supply of goods and
services to be delivered by the Company to the Client or on the Client's
behalf.
2. THE CONTRACT
The Client will purchase the goods and services, which the Company has
accepted to supply in accordance with the order placed by the Client. The
Client will pay for them in accordance with the conditions specified on the
invoice submitted to it by the Company, and/or by any other written
agreement entered into which is to form the basis of the contract between
the Client and the Company.
3. CONFIDENTIALITY
The Client undertakes to ensure that any information supplied to it under
any contract with the Company will not be supplied, given, sold, or
generally made available to a third party without the express permission of
the Company. All such information is for the use by the Client only under
the terms of the contract, and the Client undertakes to ensure that all
such information is kept confidential. The Client further agrees that it
will not use any information or advice that has been supplied to it for any
other purpose whatsoever other than for the contract to which it relates.
The Company undertakes not to divulge, sell, dispose of, or make available
to any third party any of the intellectual knowledge, commercial
information or other sensitive or private data, which is the property of
the Client and which comes into the possession of the Company in carrying
out the contract, without the express permission of the Client however
given.
4. SUPPLY
The Company undertakes to use it best endeavours to supply the goods and
services specified in the contract. The Company will not be held
responsible for any variations that are imposed or requested by the Client
or for any circumstances or conditions not made known to the Company in
accepting the contract. In such circumstances the company reserves the
right to decide at its option whether to continue with the contract or to
seek some variation or if at all. If the company decides to terminate the
contract the Client accepts and will pay for all work undertaken up to the
termination thereof. Any such variations will be agreed between the Client
and the Company before any supply is affected.
5. WARRANTIES AND LIABILITIES
The Company will use its best endeavour to safeguard the Client in respect
of any loss, whether financial or otherwise, and will make known to the
Client any areas of such loss as the Company may discover whilst carrying
out the contract. It is at the discretion of the Client as to whether
action should be taken in effecting any remedy. Beyond this the Company has
no obligation to advise or to disclose any information that may come to its
notice in carrying out the contract. The Client undertakes to indemnify the
Company in respect of any loss or injury to it or it’s employees or agents
in carrying out the terms of the contract, and will ensure that the Company
or its servants are fully insured whilst working on the Clients premises.
Or under the direction of the Client Any goods supplied to the Client under
contract are sold with such warranty as the makers give to the Company and
the Company is able to enforce, but are not guarantee by the Company in any
way. Any goods supplied by and in the name of the Company, which are
subsequently found to be faulty within 3 months of supply will be repaired
or replaced at the option of the Company. Beyond this no other liability
shall be placed upon the Company by the Client except where the goods are
sold to a person dealing as a consumer (within the meaning of the Unfair
Contract Terms Act 1997) all representations, warranties or conditions,
statutory or otherwise, are hereby excluded to the fullest extent permitted
by law, expressed or implied.
Except in respect or personal injury caused by the Company’s negligence,
the Company shall not be liable to the Client by reason of any
misrepresentation 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 the loss of profit or otherwise)
costs, expenses, or otherwise claims for consequential compensation
whatsoever (and whether caused by the Company or its servants or agents or
otherwise) which arise out of or in connection with the supply of goods or
services, or their use, or resale, by the Client except as expressly
provided in the conditions.
The Company shall not be liable to the Client or deemed to be in breech of
contract by reason of any delay in performing the terms of the contract if
the delay or failure was directly or indirectly caused by reasons beyond
the Company’s control, without prejudice to the forgoing, including,
strikes, lock-outs, or other industrial actions (whether involving the
company or its employees or not) or for any other reason, or force majeure.
The Client warrants that these conditions are freely accepted on the
knowledge and on the basis that, the contract price would be higher if the
Company were under any liability or potential liability other than that set
out in these conditions, or where any liability or potential liability
would be disproportionate to the contract price.
6. CONSULTANCY
During or at the cessation of a contract the Company may be asked by the
Client to give advice or to make specific recommendations. All such advice
or recommendations are based upon the information made available to the
Company. Every endeavour will be made by the Company to ensure that all
such advice or recommendations are based upon as complete knowledge as
possible, but it is for the Client to accept or reject any advice given.
If the Client decides at its option to implement any of the advice or
recommendations it has received, it does so at its discretion and no
liability is placed upon the Company.
7. RECRUITMENT OF PERSONNEL
The Company will seek candidates for employment by the Client, and if at
its discretion the Company feels that an applicant is suitable the Company
will submit the individual’s details to the Client. The Company makes no
guarantees in respect of the candidate, and no assurances will be provided
in respect of the candidate. It is at the discretion of the Client to
consider and if thought fit, to interview or not. If the Client considers
that the applicant introduced by the Company is suitable, and offers terms
of employment, it does so at its own Discretion.
In such circumstances the Client undertakes to pay to the company on
receipt of an invoice submitted to it by the Company, a fee based upon the
rates included in the contract, if one is so included.
The Client shall be solely responsible for taking up references on the
applicant, and the Company is not liable for any loss or damaged caused by
the appointment of the applicant in anyway. Where the Company is required
to train staff on behalf of the Client, it does so on the basis that no
warranty is made to the Client in respect to the trainee’s competence or
ability.
8 THE FEE
All fees and charges will be as agreed between the parties that are
specified within the contract. The Client agrees to be bound by these fees
and charges and with any invoices for variations that are submitted to it
in accordance with any variations that the Company is required to make.
Such variations will be specified in an amendment to the contract.
9. PAYMENT
Payment will be due in advance unless at the discretion of the Company, a
credit account or any combination thereof is offered to the Client. In such
cases payment is due in respect of any goods or services supplied to the
Client within 14 days of the date of the invoice submitted to it by the
Company or as agreed in the contract.
In default the Client agrees to pay to the Company interest on all
outstanding debts, calculated at one percent per month or part of any month
thereof. All fees and charges are subject to VAT or any other taxes that
may be levied from time to time.
The Company’s VAT number is 889 8581 31
10 VARIATIONS
Unless expressly agreed between the Client and the Company, the Company
reserves the right to modify or alter any of the goods or service that it
is contracted to supply. The Company will not accept variations to these
conditions unless amended within the written contract...
The Company’s conditions override all other conditions unless such
alterations have been agreed in writing before any work has begun on behalf
of the Client, or at any other time.
11. AGREEMENT
The Client agrees to all of these conditions, but in the event of
disagreement must notify the Company within 48 hours from the date
of receipt of these conditions of its disagreement. In all contracts
these conditions override any other conditions unless such alterations are
agreed in advance in writing.
12. LAW
The terms of any contract are construed under English law.