FOR THE PROVISION OF ARCHERY EVENTS MANAGEMENT SERVICES
1.1 All Quotations are made and Confirmations accepted subject to the following Terms and Conditions and no addition to, or variation of, such Terms and Conditions shall be binding unless agreed to by the Company in writing.
1.2 Any Confirmations made with the Company shall constitute unqualified acceptance of such Terms and Conditions. These Terms and Conditions shall apply to all Quotations and Confirmations.
1.3 In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Company in writing.
2. Definitions and Interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
||means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which makes a booking with the Company;|
|“Company”||means MRM Archery Ltd a company registered in Scotland under number 362662 whose registered office is at Newlands View, Newlands Road, Jackton, East Kilbride, G75 8RS;|
|“Confirmation”||means the notification made by the Client that they wish the Archery Event to proceed. This notification is subject to these Terms and Conditions;|
|“Archery Event”||means the archery event or events the subject of the Quotation;|
“Archery Event Management Service”
|means the archery event services to be provided by the Company as specified in the Quotation;|
|“Quotation”||means any written quotation submitted by the Company to the Client.|
2.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
2.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
2.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
2.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
2.2.4 a Schedule is a schedule to these Terms and Conditions; and
2.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
2.2.6 a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
2.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
2.4 Words imparting the singular number shall include the plural and vice versa.
2.5 References to any gender shall include the other gender.
3. Basis of Supply of Services
3.1 The Company shall throughout the continuance of the agreement provide an Archery Event Management Service to the Client.
3.2 The Company will use reasonable care and skill in providing the Archery Event Management Service.
All prices stated by the Company in the Quotation, unless specially stated otherwise, are exclusive of VAT which, where applicable, will be separately charged at the appropriate rate.
5.1 The Client shall pay to the Company a deposit of 25% (or such other amount as the Company may prescribe in the Quotation) of the total price payable plus VAT (if applicable) thereon, at the time of making a Confirmation (less any preliminary payment already paid in respect of that matter, if appropriate). All courses eg Beginners courses shall be paid in full by the Client prior to the date of the course and at a time prescribed by the Company.
5.2 The Confirmation will only be considered as accepted by the Company once the deposit has been paid in accordance with sub-Clause 5.1. The balance of the total price payable shall be paid to the Company not later than 14 days subsequent to the first day of the Event.
5.3 All Confirmations made within 5 days of the first day of the Event must be paid in full at the time of the Confirmation.
5.4 Any items stated in the Quotation as ‘additional’ items, out of pocket expenses, travel or overnight expenses, disbursements, or any items requested by the Client after the Confirmation has been accepted by the Company must be confirmed by the Client in writing before being acted upon by the Company. Any such items will be invoiced by the Company to the Client at the discretion of the Company and payment therefor shall be due within 14 days of the date of the invoice relating thereto.
5.5 The Client shall pay to the Company (including invoices for items set out in sub-Clause 5.4) any amounts due and owing within 14 days of the date of the Company's invoice.
5.6 The time of payments under this Clause 5 shall be of the essence of these Terms and Conditions. If the Client fails to make any payment on the due date in respect of the price or any other sum due under these Terms and Conditions then the Company shall, without prejudice to any right which the Company may have pursuant to any statutory provision in force from time to time, have the right to charge the Client interest on a daily basis at an annual rate equal to the aggregate of 10% per cent and the base rate of Santander Bank from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
6. Variation and Amendments
6.1 If the Client wishes to vary any details of the Confirmation, it must notify the Company in writing as soon as possible. The Company shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Client.
6.2 If, due to circumstances beyond the Company’s control, it has to make any change in the arrangements relating to the Confirmation it shall notify the Client forthwith. The Company shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
6.3 The Company reserves the right to do the following:
6.3.1 amend any accidental error or omission in a Quotation;
6.3.2 amend any Quotation in order to reflect a change in the circumstances beyond the reasonable control of the Company; and
6.3.3 vary its schedule of charges from time to time.
The Company may sub-contract the performance of any of its obligations under these Terms and Conditions without the prior written consent of the Client. Where the Company sub-contracts the performance of any of its obligation under these Terms and Conditions to any person, the Company shall be responsible for the acts or omissions of the sub-contractor(s) as if it were an act or omission of the Company itself.
8. Cancellations and Termination
8.1 If the Client wishes to cancel the event he may do so at any time by written notice to the Company provided that:
8.1.1 under no circumstance will the deposit be returnable;
8.1.2 if the cancellation notice is received by the Company not less than 10 days before the first day of the Event, 50% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company;
8.1.3 if the cancellation notice is received by the Company not less than 5 days but less than 10 days before the first day of the Event, 100% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company;
8.1.4 any additional costs reasonably incurred by the Company in cancelling any arrangements connected with the Confirmation shall be paid by the Client on demand.
8.2 The Company may cancel forthwith any Confirmation at any time if:
8.2.1 the Client is in breach of any of its obligations hereunder;
8.2.2 the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets;
8.2.3 the Client has become bankrupt or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986;
8.2.4 the Client ceases or threatens to cease to carry on business; or
8.2.5 any circumstances whatsoever beyond the reasonable control of the Company (including but not limited to the cancellation, through no fault of the Company, of the venue for the Event) necessitate the cancellation for whatever reason of the Event.
8.3 In the event of cancellation under sub-Clause 8.2 the Company shall retain any sums already paid to it by the Client without prejudice to any other rights it may have whether at law or otherwise.
9. Liability and Indemnity
9.1 Where an Archery Event is cancelled or terminated and where such cancellation or termination occurs due to reasons which are within the Company's reasonable control the Company shall refund to the Client any deposit received.
9.2 Except in respect of death or personal injury caused by the Company’s negligence, the Company will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under these Terms and Conditions, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Company’s servants or agents or otherwise) in connection with the performance of obligations arising under these Terms and Conditions or with the use by the Client of the Archery Event Management Services supplied in connection with the Event.
9.3 The Client shall indemnify the Company against all damages, costs, claims and expenses incurred by it arising from loss or damage to any equipment (including that of third parties) caused by the Client, or its agents or employees.
9.4 The Company shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Company's obligations if the delay or failure was due to any cause beyond the Company's reasonable control.
10. Force Majeure
Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
11.1 No waiver by the Company of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of these Terms and Conditions shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which it is given.
11.2 No failure or delay on the part of any Party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
The Company reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Archery Event Management Services. The Company reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
14. Law and Jurisdiction
14.1 These Terms and Conditions shall be governed by the laws of Scotland.
14.2 Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of Scotland.