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In these Terms of Business
'Platinum' means DJs & Discotheques Limited trading as Platinum Promotions
and the 'Client' means the
company, firm or person that purchases the Services; Booking Form means
the Booking Form signed by both Platinum and the Client;
Services' means the goods or services specified in Platinum's invoice
and/or the Booking Form.
1. Any contract made between Platinum and the Client (hereinafter call
the 'Contract') shall incorporate the Booking Form
and be subject to these Terms of Business; any other terms which the Client
shall seek to incorporate into a Contract are hereby
expressly excluded.
2. No instruction of the Client placed with Platinum (whether in response
to a Booking Form or not) shall be binding on Platinum
unless and until it is accepted by Platinum in writing. Unless agreed
otherwise Platinum is not obliged to accept cancellation of
a Contract and may require payment of a cancellation charge as well as
reimbursement of all incurred expenditure before
accepting any cancellation.
3. All the terms of a Contract shall be those contained expressly in or
by reference to Platinum's Booking Form together with
these Terms of Business. A Contract may only be amended with the prior
agreement of both Platinum and the Client. Any
representations or warranties whether written or oral made prior to the
date of a signed Booking Form are expressly excluded.
4. The price for the Services and any related expenses (hereinafter call
the 'Price') shall be as set out in Platinum's
Booking Form or Invoice.
5. Platinum shall retain control over the manner and means in which it
shall perform the Services including which staff and
resources are allocated and in all respects its relationship with the
Client and that of any of Platinum's staff shall be that of an
independent contractor serving as a supplier and not as an employee or
employees.
6. Platinum will provide the Services in accordance with generally and
currently accepted music service practice.
This warranty is in lieu of all other warranties either express or implied.
7. Platinum shall be entitled to interest on any part of the Price not
paid by its due date of invoice until payment at the rate
of ten (10) per cent per annum above Barclays Bank plc's Base Rate prevalling
from time to time during such period. The
Client hereby undertakes to pay to Platinum (on the basis of a full indemnity)
all costs, charges and expenses incurred by
Platinum in collecting or attempting to collect any indebtedness of the
Client to Platinum.
8. Neither the Client nor Platinum may assign any or all of its interest
in a Contract (other than to a related company or entity)
without the prior written consent of the other.
9. If the Client is insolvent or shall fail to pay any amount owing to
Platinum upon its due date the Client will be deemed to have
repudiated all Contracts and all sums owing to Platinum on any account
shall become due and payable forthwith without any
requirement for any notice to be given.
10. The Client and or Client's staff shall not be at liberty to approach
any of Platinum's contractors, staff, DJs or other
Artistes directly to provide the same or similar services to that of Platinum.
All enquiries and bookings must be made through
Platinum's Booking Office. Platinum shall be entitled to loss of earnings
and legal costs should a breach of this clause occur.
11. The Client shall not be entitled to withhold payment of any amount
due and payable to Platinum under any Contract because
of any dispute or claim by the Client in respect of faulty Services or
any other alleged breach of contract nor shall the Client
be entitled to any set-off against any amount payable under any Contract,
any monies which are not then due and payable
by Platinum or in respect of which Platinum disputes liability.
12. (a) Platinum shall not be under any liability whatsoever or howsoever
arising from any loss of use of profit, interruption of
business or any other indirect, special or consequential loss of any type
arising or alleged to have arisen out of any act or default
of Platinum in respect of its obligations hereunder; (b) Platinum's aggregate
liability to the Client under any Contract or
otherwise arising whether from negligence, breach of contract, misrepresentation
or otherwise shall in no circumstances
exceed the cost of the defective or undelivered Services which give rise
to such liability, in respect of any occurrence or series of occurrences,
as determined by the Price invoiced to the Client.
13. Platinum shall not be
liable in respect of any loss or damage caused by or arising out of any
circumstances outside Platinum's
reasonable control (including, without limitation, imposition of government
regulations or orders, war, civil disorder, fire, flood,
drought, tempest, theft, industrial dispute, delay by suppliers, carriers
or other sub-contractors or inability to obtain materials,
labour or services from usual sources) howsoever caused or arising.
14. The Client hereby undertakes to provide Platinum with suitable access
to its premises and any necessary utility supplies in
order to allow the provision of the Services.
15. If any of the Services shall comprise physical items then any such
items in the possession of the Client shall remain the
property of Platinum unless and until all monies due to Platinum have
been settled by the Client. In the absence of such
settlement Platinum shall have the right to recover such items from the
Client hereby undertakes to allow the authorised
representatives of Platinum suitable and reasonable access to its premises
to allow the recovery and removal of such items.
16. Any damage sustained to any of Platinum's equipment by the Client
or persons attending the Client's function shall by the
responsibility of the Client. The Client is liable for repair costs and/or
replacement costs depending on the nature of the incident.
17. Every Contract shall:- (a) become effective as of the day of signing
of the Booking Form by both parties or by their duly
authorised representative; (b) be governed by and interpreted in accordance
with English law and any dispute arising therefrom
shall be subject to the non-exclusive jurisdiction of the English courts.
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Platinum
House, Darenth Road, Dartford, Kent, DA1 1LZ, United Kingdom
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