General
Any terms or conditions sought to be imposed by either party shall not be incorporated into the Contract and shall have no effect unless agreed to in writing by the other party.
1, Prices
1.1 The price for the supply of Reindeer has been quoted via the proposal. We shall invoice you 100% of the costs upon booking.
1.2 We shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 2.5% per annum above the base rate of the Bank of England.
1.3 The price of the goods and services is exclusive of Value Added Tax which shall be charged at the rate prevailing at the relevant tax point.
2. Risk
Whilst the reindeer are in transit to and on the display premises they are covered by Real Reindeer insurance specific to reindeer activities and public liability cover up to £5m. Insurance certificate will be provided to the client. It is also expected that the client have their own insurance for public liability for the event.
3. Ownership of the Reindeer
You are hiring the reindeer for an agreed period. We continue as legal owner of the reindeer.
4. Delivery
We will deliver the Reindeer to the address listed above. We can not be held responsible for any unforeseen circumstances which may result in late arrival.
5. Reindeer use
The reindeer are provided for display in an enclosure. They will be able to roam at will within the enclosure and kept on lead ropes at all times. If for any reason the Team Leader believes the reindeer to be under stress from the environment they are in they have the right to remove the reindeer until the cause has been removed. Access to fresh air/adequate ventilation will be required if reindeer are situated inside.
6. Payment
The time stipulated for payment shall be of the essence of the Agreement. Failure to pay within the period specified shall entitle us to write to you upon the expiration of seven days notice, to charge you for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
7. Liability
7.1 Except for death or personal injury caused by our negligent acts or omissions we shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement.
7.2 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations.
8. Cancellation
A client who wishes to cancel the appearance of the reindeer, the cancellation fees are set at:
- 2 months or more prior to booking date – 75% of fee will be returned to the client
- 1 month prior to booking date – 20% of the fee will be returned to the client
- less than 1 month from booking date – 100% of the fee is due
9. Governing Law and Jurisdiction
Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of England and Wales.
10. Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.
11. Third Party Rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
12. Changes to Terms and Conditions of Business
We reserve the right to make minor changes to this Agreement from time to time. Any changes will only be made with your agreement.