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Terms & Conditions

Hire Terms & Conditions View or Download Terms and Conditions View/Download
Hire General Terms & Conditions View or Download Terms and Conditions View/Download
Photography Terms & Conditions View or Download Terms and Conditions View/Download
Video Filming Terms & Conditions View or Download Terms and Conditions View/Download
Advertising Terms & Conditions View or Download Terms and Conditions View/Download
Chocolate Fountain Terms & Conditions View or Download Terms and Conditions View/Download

Hire Terms & Conditions

Terms & Conditions for Hire services provided by The Lakhani Group

1. Contract
TLG will submit a written quotation. Terms and conditions are available for the hirer / client that can be seen on our website. In the absence of any written quotation or written acceptance, the verbal acceptance of goods received for hire or will constitute a contract and acceptance of the terms and conditions contained herein.

2. Conditions of hire
The company's quotation for hire charges is made on the assumption that the site on which the equipment is to be erected or to which goods are to be delivered is;

• Flat level firm ground with easy access for heavy motor transport and

• Has no drain pipes, cables or other services buried beneath the surface or otherwise concealed.

Should the site not comply with these requirements, the company may in its discretion either rescind the contract by giving verbal or written notice to the hirer or make additional hire charges. The company shall not be liable to the hirer for any loss damage or expense resulting from such rescission of the contract.

3. Liability
Whether the site complies with the foregoing requirements listed in 2 above or not, the company shall not be under any liability whatsoever to make good any damage to the site. An accurate plan showing the precise position of hired goods & services shall have to be supplied to the company by the client, event manager at the venue or your chosen wedding planner.

4.Positioning of services for hire
The hirer shall provide the company with a plan showing the position in which the hired goods shall be erected or alternatively shall have a representative on the site for that purpose. If the hirer does not provide a plan or have a representative on site, the company may continue with the installation where it considers fit and it shall be deemed to have performed the contract. Any wasted journeys due to absent representatives will be charged for. Deliveries left at unattended premises are left at the hirer's risk.

6. Payment
The company reserves the right to a non-refundable deposit & the balance will be payable two weeks in advance before the event.

7. Loss or damage
The hirer is wholly responsible for all equipment on hire from the time of delivery until collection. He will be responsible for the safe custody of the company's property on the site, and will make good to the company all loss or damage to the company's property or equipment hired or used on the site (other than fair wear and tear) including breakages and damage and loss due to theft or burglary unless it can be proved that such loss or damage be caused by faulty material or workmanship or negligence on the part of the company. No guarantee can be given that equipment will be removed the following day. We cannot accept any items in place of those supplied. Goods at all times remain the property of the company.

8. Liability to third parties
The company will not be responsible for and the hirer will indemnify the company against all claims for injury to persons or loss of or damage to property howsoever caused unless it is proved that such injury or damage be caused by fault material or workmanship or negligence on part of the company.

9.Attendance
The hire charges do not include attendance by the company's staff except during the actual processes of erection and dismantling.

10. Permits
The hirer is responsible for giving notice to or obtaining all necessary permits from any authorities who are or may be concerned.

11.Failure
While every effort will be made by the company to carry out any order accepted, the full performance of it is subject to variation or cancellation by the company consequent upon act of god, war, strikes, riots, lock-outs or other labour disturbances, fire, flood, restrictions on the use of transport, fuel or power, requisitioning, shortage of material or transport or labour or any other cause beyond the control of the company.

12. Cancellation or premature termination of contract
In the event of the hirer cancelling the contract after a firm order has been placed, charges will be levied as follows:

Deposits are totally non refundable.


13.Return of equipment
All equipment should be returned in a clean dry condition. Any crockery, glasses, cutlery, karai stands bowls, returned unclean will result in an additional 50% of the hire value of all dirty items to be charged. China, glassware, cutlery and tablecloths will be delivered in carrying boxes and must be made ready for collection by returning all items to the carrying boxes. Any china, glassware, cutlery or tablecloths not in carrying boxes for collection will be considered lost or damaged and replacement charges will be payable.

14.Electrical Supply
The hirer is responsible for ensuring that the venue has sufficient power supply, plug points, connectors etc for the lighting hired as well as any other requirements they may have.

15. Complaints

Complaints as to shortage or damage on receipt of goods should be made before use. Complaints of this nature received on return of goods cannot be entertained.

Hire General Terms & Conditions

General Terms & conditions

References to “we”, “us” or “our” are to The Lakhani Group and references to “you” or “your” are to the Client and other defined words are as defined in the complete terms and conditions at the bottom of the page.

Installation

  1. The contract is finalised when we send an acknowledgement to you. Prices or quotations are exclusive of VAT and do not constitute an offer by us to you until we have confirmed in our Acknowledgement that our price is final.
  1. You must provide us with sufficient time and access to make the delivery.
  1. We may charge you if you extend or alter timings of your event or change the Venue for which the quotation was originally provided.
  1. We must receive full payment from you in cleared funds 14 days before the delivery. You must pay full fee in the event of cancellation if the event is cancelled three weeks prior to the event.
  1. Please note that any dimensions supplied for Props and Services are approximate only.
  1. Our collection or delivery note is final and conclusive evidence of collection by or delivery to you.

7. The Props may only be used indoors unless we agree otherwise.

  1. You are responsible for health and safety relating to Props and Services at the Venue.
  1. You must pay for all losses or damage costs in full and these sums will be charged to you.
  1. We accept no liability for indirect or consequential loss. Any liability is limited to a refund for the element for which that liability arises only.

Hire

  1. Props are hired to one location only.
  1. Please keep Props away from heat sources as some Props may be flammable.
  1. We will deliver to and collect from ground floor loading bay unless we agree otherwise; and
  1. Only one delivery person will be provided. You may be required to assist with the off loading and uploading of Props. You will be liable for any damage caused by you whilst you load the Props.
  1. If you are not present for delivery and/or collection, our collection or delivery note is final and conclusive evidence of the amount of Props and quality of the Props collected or delivered.
  1. Props must be returned and repackaged in same condition as they were received.

Photography Terms & Conditions

Terms & Conditions for Photography services provided by The Lakhani Group

 

Terms & Conditions for Photography services provided by The Lakhani Group

The Lakhani Group; referred to as TLG

The terms and conditions set out here will be effective unless agreed in writing by both parties. In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.

1. Copyright

1.1 TLG retain full, unlimited, world-wide copyright on all photographs supplied. These photographs are solely for personal display purposes. They may not be copied, published, reproduced, or stored on any electronic retrieval system without the express written permission of TLG.

1.2 Permission to reproduce a picture is granted to the Client by TLG only when a fee for the reproduction has been agreed with TLG and an invoice has been issued by TLG and paid in full by the Client.

1.3 Permission to reproduce a picture applies only to the reproduction described in the invoice or license. In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to TLG an unauthorised use fee of £100 or double the standard reproduction fee for the use concerned, whichever is the greater.

1.4 The right to reproduce a picture granted by TLG is personal to the Client and may not be assigned to any third party without TLG’s prior written consent.

1.5 It is a criminal offence to make copies by any means including video under the terms of the COPYRIGHT, DESIGNS and PATENTS ACTS 1988. The photographer shall only make reproductions for the client or for the photographers portfolio, samples, self-promotions, entry in photographic competitions or art exhibitions, advertising, illustration, editorial use, or for display on the photographer’s website. Client shall release all claims to profits that may arise from use of images.

1.6 The client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without TLG’s written permission.

1.7 Unless specified in writing, TLG makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trademarks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.

2. Deposit and Payment.

2.1 A booking shall be confirmed upon receipt of a deposit. The deposit shall be 50% of the total cost of the selected service and is non-refundable in the event of cancellation by the client. Full payment is to be made fourteen days before the event.

2.2 If TLG’s invoice is not paid in full within 14 days before the event, TLG reserve the right to cancel the booking and may charge interest on the overdue payment at 2.5% per month or part of a month.

2.3 The invoice lists all the quantities of pictures given to the Client. The pictures are presumed to have been received in good condition unless the Client notifies TLG in writing of any discrepancy or error within 7 days of receipt.

3. Failure

3.1 Whilst every care is taken at every stage of the photographic process, in the event of a camera failure, operator error, material failure, or process machine failure, TLG can accept no responsibility for any losses however incurred as a result of any such failure, beyond a full refund of the original purchase price.

3.2 If the photographer cannot perform this agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to photographers illness, then the photographer shall return the deposit to the client but shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that photographic materials are damaged or lost through camera or equipment malfunction, lost in the post, or otherwise lost or damaged without fault on the part of the photographer. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the clients order.

3.3 While TLG has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.

4. General Liability

4.1 TLG can accept no contingent liability for any failure of any type resulting from the failure in any way of any product or service they supply.

5. Digital Images

5.1 All details of the wedding coverage will be planned in consultation with the client. All packages can be customised to suit individual requirements at the discretion of TLG. In the event of illness or incapacity which would prevent TLG Photographers from carrying out the commission TLG will make every effort to find a replacement photographer but no guarantee can be given. If a replacement photographer cannot be made available liability shall be limited to a full refund of all monies paid

5.2 Prints will be colour balanced to produce warm skin tones of the subject or subjects but no guarantee can be given to exactly match any specific subject as it is sometimes impossible to record photographically exact colours as seen by the human eye.  In accordance with the accepted practices of all professional photographers and photographic laboratories, the return of any technically acceptable photographs or prints or demands for refund or refusal to settle charges cannot be entertained on principle. No exception whatsoever can be made to this rule as we cannot be held responsible for individual tastes or expectations.

5.3 Unless specified in writing, TLG makes no claim or warranty as to the existence or validity of connected therewith model or other releases, in respect of the pictures or as regards the reproduction by the Client of any names or trademarks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.

5.4 If bought in products (for example, albums or photo mounts) are not available to the exact specification as initially discussed items of equal or better quality and price will be substituted

5.5 At all times every effort will be made to ensure the capture of the photograph or photographs required. If due to circumstances beyond the control of TLG (for example but not limited to changes in weather conditions, willingness of subjects etc) an agreed photograph is not taken the photographer can accept no liability for this.

5.6 Every care is taken in photographing and processing using professional materials. In the unlikely event of total photographic failure i.e. during exposure or processing, the photographer's liability shall be limited to a full refund of all monies paid. Neither party shall be liable for indirect consequential loss. Your statutory rights are not affected.

6. Permanence

6.1 All photographs supplied by TLG are produced to the highest standards using the best quality materials and latest processing techniques. However, all colour photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. TLG cannot accept any responsibility for this gradual image deterioration.

Video Filming Terms & Conditions

Terms & Conditions for Video Filming Services provided by The Lakhani Group.

The Lakhani Group referred as TLG.

1. Liability

1.1 TLG will not and cannot be held responsible for any circumstances outside of their control. In the event of the wedding being cancelled the full balance will be charged regardless. In any case all deposits are non returnable. TLG will not be held liable for any unexpected equipment or media failure or any copyright infringement whatsoever in relation to your wedding or wedding video or DVD.

1.2 In the unlikely event of a non-conforming video.

TLG will not be held liable for poor picture and/or sound integrity, failure to film the event – physically or mechanically, poor film stock, loss of original footage through transit – fire or theft.

1.3 All equipment is checked prior to an event for correct running operation. TLG will not be held liable for any faults detected prior to the event, it is for the company to adequately correct by either repair or replacement. This also applies to loss, theft or damage of equipment prior to the event. Faults which develop during the event will be dealt with to the best of the operator’s ability – this may call upon the second camera. In the event of a complete system failure, a part or full refund will be issued depending on the circumstances involved. In transit, high insurance cover is taken as standard to safeguard against loss. A camera operator is committed to attend and film your event. In the unlikely case of very bad ill health preventing the original operator to attend, every effort will be made to find a replacement operator - even if this is at short notice. The quality of your final programme will not be compromised. If a replacement operator cannot be found, then a full refund will be paid only. Film stock is checked at the beginning of each tape for recording and playback quality. The Company can take no responsibility if poor quality results from bad film stock after this check. The company will however pursue the fault with the manufacturers, and attempt to ‘clean-up’ the footage to the best of its ability. )

1.4 FAULTS, COMPROMISES, ACTS OF GOD OR DEATH WHICH FALL OUTSIDE THESE GUIDELINES ARE NOT THE RESPONSIBILITY OF THE COMPANY AND ARE ENTERED INTO AT YOUR OWN RISK.

2. Editing

2.1 Editing will not commence until all relevant payment and media is supplied. If requirements are received late, editing will go into a queue system from the date all relevant information is received and as of that date, will be subject to the normal waiting period from that date.

2.2 DVDs will be ready after the wedding but we reserve the right to take significantly longer as required for complex editing or for peak season dates (March - September).

2.3 Once footage is mastered to DVD it cannot easily be re-edited. Any changes to an edit once it has been received by you must be requested within 48 hrs of receipt, after this an editing fee will be levied between £125 and £175 plus VAT depending on the complexity of the editing.

3. Payment and Charges

3.1 This agreement shall be binding once the 50% booking deposit has been credited to TLG. It is the Client’s responsibility to read and understand this agreement prior to booking. Balance payments must be made in full two weeks before the event. Failure to do so may result in cancellation of your booking.

3.2 All prices shall be calculated and paid in sterling.

3.3 All prices are quoted exclusive of VAT and other relevant taxes unless otherwise stated.

3.4 TLG shall be entitled to make a reasonable charge for additional work carried out as a result of any artwork/text supplied by or on behalf of the Customer not being clear and legible.

4. Insurance

4.1 No insurance or any other claim may be made in relation to this booking or to any other events or service provision happening on the day or prior or post the wedding day on us in any way shape or form as an agreed term of this agreement.

5. Ownership

5.1 All products produced by the Company shall remain the property of TLG until the account is settled in full. The company reserves the right to retain any material with an outstanding balance. No refunds will be issued if the final payment is not settled. For products that are in the client’s possession with unsettled accounts beyond the payment agreement may be liable to court action to recover the amount and costs involved in this recovery. Due notification will be given.

6. Copyright

6.1 Video / film material recorded by the Company remains the copyright of TLG unless otherwise stated. Duplication is strictly prohibited.

6.2 The Company reserves the right to display the film in part or in its entirety and at its discretion unless otherwise agreed in writing by the Client. This may be for demonstrational purposes.

7. Disputes

7.1 Any disputes arising from the contract between the Client and TLG should be addressed in writing. An appropriate response from the other party is then to be made also in writing. Action can then be made accordingly.

8. Permission

8.1 It is the responsibility of the Client to establish the relevant filming permission for an event or venue unless otherwise agreed beforehand. TLG will not be held liable for unauthorised filming or for any fees involved in gaining such permission. The Client will not be eligible for any refund in such an event.

Advertising Terms & Conditions

The Lakhani Group
Terms & Conditions of Sale

1. Definitions
1.1 Advertisement means an advertisement placed in a Magazine.
Artwork means the copy, design, drawings, photographs, plans including all Intellectual Property Rights and other such items supplied by the Customer, whether belonging to the Customer or a third party, illustrating or describing the Customer’s advertisement.
Booking Form means the Publisher’s contract booking form which is issued to the Customer in accordance with the terms herein.

Conditions means these terms and conditions of sale.
Contract means any contract, in whatever form, between the Publisher and the Customer for the performance of the Service by the Publisher, incorporating these Conditions.
Customer means any person, body of persons, firm or company with whom the Company enters into a Contract for the provisions of the Service.
Customer’s Order means a signed copy of the Booking Form.
Intellectual Property Rights means any patent, copyright, database right, moral right, design right, registered design, trade mark, service mark, domain name, know- how, utility model, unregistered design or, where relevant, any application for any such right or
other industrial or intellectual property right subsisting in any part of the world.
Proof means a mock- up bearing the Customer’s advertisement including the Artwork prepared by the Publisher for the Customer’s approval.
Publisher means The Lakhani Group.
Service means the service the Publisher will provide to the Customer under the terms of this Contract which is purchasing advertising space in the brochure.

1.2 These terms and conditions shall supersede all prior understandings and shall constitute the whole agreement between the Publisher and the Advertiser and shall not be modified or varied unless specifically accepted in writing by a duly authorized employee of the Publisher.

1.3 In the event of any conflict between the Conditions and the terms and conditions, if any, in any communications from the Customer, these Conditions shall prevail.

2. Prices and Acceptance of Order
2.1 A quote by the Publisher does not constitute an offer and shall not be binding and the Publisher reserves the right to withdraw or amend a quotation at any time prior to the Publisher’s acceptance of the Customer’s Order.

2.2 The Publisher’s acceptance of the Customer’s Order including telephone orders shall be effective and the Contract shall become binding only where the Publisher receives a copy of its Booking Form without variation of any of the terms and conditions thereof,
but subject at all times to:

i. final approval of the Customer’s Advertisement by the Publisher, whose approval or rejection shall be intimated to the Customer as soon as is reasonably possible, and
ii. the Customer’s credit rating being approved by the Publisher.

2.3 If the Customer attempts or purports, in returning the signed copy of the Booking Form to the Publisher or otherwise, to introduce any or all of its own terms and conditions or varies or rejects any of the Publisher’s terms and conditions then such introduction, variation or rejection shall constitute a counter offer by the Customer and the Publisher shall be entitled to reject such counter offer absolutely.

2.4 No cancellation or variation of an order by the Customer shall be accepted unless approved in writing by a duly authorized employee of the Publisher and any cancellation so accepted shall be subject to the provisions of Clause 4.

3. Prices and Charges
3.1 All prices shall be calculated and paid in sterling.
3.2 All prices are quoted exclusive of VAT and other relevant taxes.
3.3 The Publisher shall be entitled to make a reasonable charge for additional work carried out as a result of any Artwork supplied by or on behalf of the Customer not being clear and legible.
3.4 The Publisher shall be entitled to charge the Customer for any additional work required to correct any error or omission by the Customer.
3.5 The Customer may request a Proof before the Advertisement is published in a Magazine subject to prior written agreement with the Publisher specifying dates and charges for the Proof. A Proof is not included in the Customer’s Order and additional charges will be incurred for such a Proof.
3.6 The Publisher shall be entitled to charge to make any change to a Proof approved or deemed to have been approved by the Customer if those changes are required to correct any error or omission by the Customer.

4. Cancellation charge
4.1 The Customer hereby acknowledges that the Publisher will suffer loss in the event that the Customer cancels its order after its acceptance in accordance with clause 10 and agrees to compensate the Publisher in full for any losses that the Publisher will suffer
in the event of cancellation.

5. Payment
5.1 Payment of any invoice must be made in full within 48 hours from the issue of the Booking Form for the prices quoted on the Booking Form to be valid unless otherwise agreed in writing with the Publisher.

 

Customer signature:________________________

5.2 Time of payment shall be of the essence of the Contract.
5.3 No payment shall be deemed to have been received until the Publisher has received cleared funds.
5.4 Where any account or part thereof is overdue for payment, the Customer shall cease to be entitled to the benefit of any discount specified in that account which shall become payable forthwith and the Publisher shall be entitled to charge interest at the rate of
eight per cent per annum over the Barclay’s Bank plc base rate in force from time to time calculated on a daily basis on the total amount due (including the discount as aforesaid) from the due date for payment until the actual date when payment is received by
the Publisher (both dates inclusive) and such interest shall be charged as well after as before any judgment.
5.5 If the Customer fails to make payment of any invoice (whether under the Contract or otherwise) on the due date, the Publisher may (without prejudice to any other rights or remedies available to it) suspend all further performance of the Service (or any other
service being performed for the Customer) and cancel the Contract until payment of the amount due (including interest thereon) is made in full.
5.6 If the Customer breaches, or is deemed to have breached, the Contract for any reason then the Publisher shall, in addition to any other remedy available to it, be entitled to seek damages for any loss, whether direct or consequential, suffered by it as a result of
such breach.
5.7 Any amount due by the Customer to the Publisher under the Contract shall be payable in full without any deduction, compensation, set- off or counterclaim.
5.8 All payments payable to the Publisher under the Contract shall be due immediately upon termination of this Contract notwithstanding any other provision.

6. Lien
6.1 If in the performance of the Service, the Publisher has control or possession of any goods, equipment, Artwork, materials or other chattels of the Customer then, in addition to any other remedies available to the Publisher under these Conditions or otherwise, the
Publisher shall have a lien over and a right to hold (in it own or other places) any such goods, equipment, Artwork, materials or other chattels for all sums due from the Customer on any account whatsoever, and shall be entitled to retain them until payment of the amount due (including interest thereon) and the expenses of maintaining and exercising the lien, is made to the Publisher in full, or at its option after giving 30 days notice in writing to the Customer, to dispose of them on such terms as the Publisher thinks fit without liability to the Customer.

7. Customer’s Obligations
7.1 The Artwork and other property supplied to the Publisher by or on behalf of the Customer shall, while it is in the possession of the Publisher or in transit to or from the Customer, be at the Customer’s risk and the Customer should insure accordingly.
7.2 Any third parties (for example, models, photographs) involved in the creation of the Customer’s Advertisement introduced by the Customer will be contracted at the Customer’s risk and the Customer should insure accordingly.
7.3 The Customer warrants to the Publisher that the Artwork does not infringe the Intellectual Property Rights of any third party.

8. Limitation of Liability
8.1 Subject to Clause 9 the following provisions set out the entire financial liability of the Publisher (including any liability for the acts or omissions of its employees, agents and sub- contractors) to he Customer in respect of:-
(a) Any breach of these Conditions;
(b) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract;
8.2 All warranties, conditions and other terms implied by statute or common law (save for conditions implied by section 12 of Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
8.3 Nothing in these Conditions excludes or limits the liability of the Publisher for death or personal injury caused by the Publisher’s negligence or fraudulent misrepresentation.
8.4 Subject to clauses 8.2 and 8.3, the Publisher’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the contract price.

8.5 The Publisher shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential compensation whatsoever (howsoever caused) which arise out
of or in connection with the Contract.

9. Warranty
9.1 The Publisher warrants to provide the Service with all reasonable care and skill and in a good and professional manner.
9.2 The Publisher shall be under no liability:-
i. in respect of any defect in the Advertisement or the Service arising from the Artwork or any other drawing, design or specification supplied by or on behalf of the Customer or from a Proof approved, or deemed to be approved, by the Customer.
ii. if the Customer’s account with the Publisher is not paid up to date.

10. Customer’s Indemnity
10.1 The Customer acknowledges that the Publisher places particular reliance upon the provisions of the Contract and in addition to any other remedy available to the Publisher, the Customer irrevocably and unconditionally agrees to indemnify the Publisher, its
employees, sub- contractors and agents (who shall have no duty to mitigate their loss) in full and on demand and keep them so indemnified against all claims, demands, actions, proceedings and all damages, losses, costs and expenses (including without
limitation legal and other professional advisers’ fees and all consequential and economic loss (including without limitation loss of profit, future revenue, reputation or goodwill and anticipated savings) whether direct or indirect made against or incurred or
suffered by any of them directly or indirectly and whether wholly or in part resulting from the matters listed below whether or not such losses or consequences of the matters listed below were foreseeable at the date of the Contract:
i. the performance of the Service by the Publisher in accordance with the Customer’s Artwork.
ii. any claims that any Intellectual Property Rights of a third party have been infringed through the performance of the Service (save to the extent the same have been supplied in accordance with specifications or deigns of the Publisher).

 

Customer signature:________________________

iii. the cancellation of any order by the Customer after its acceptance by the Publisher in accordance with Clause 2.2
iv. any breach by the Customer of its obligations under the Contract.
v. any breach by the Publisher of its obligations or any other act or omission (including without limitation, negligence) of the Publisher, its employees and agents in excess of the liability of the Publisher under the Contract
11. Termination
11.1 The Publisher may, as it thinks fit, (without prejudice to any other rights or remedies it may have against the Customer) immediately suspend further performance of the Contract or cancel any outstanding provision of the Service or by notice in writing
to the Customer terminate the Contract without liability to the Publisher if:
i. the Customer commits a material breach of any of its obligations under the Contract which is incapable of remedy;
ii. the Customer fails to remedy a breach of its obligations under the Contract which is capable of remedy, or persists in any breach of any of its obligations under the Contract after having been requested in writing by the Publisher to remedy or desist from such breach within a period of 14 days;
iii. the Customer (being a partnership) or the Customer’s partner offers to make any arrangements with or for the benefit of the creditors of the Customer or the Customer’s partner generally or there is presented in relation to the Customer or the Customer’s partner a petition of bankruptcy;
iv. the Customer (being a limited company) is deemed to be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Customer calls a meeting for the purpose of passing a resolution to wind up its company or such a resolution is passed or the Customer presents or has presented a petition to wind up or presents or have presented a petition to appoint an administrator or have an administrative receiver appointed to the whole or an part of the Customer’s business, undertaking, property or assets;
v. the Customer ceases, or threatens to cease, to carry on business;
vi. a secured lender to the Customer takes any steps to obtain possession of the property on which it has security or otherwise to enforce its security;
vii. the Publisher reasonably believes that any of the events specified in Clause 10.1.i.- 10.1.vi is about to occur in relation to the Customer.
11.2 Notwithstanding any such termination or suspension in accordance with Clause 10.1 above the Customer shall pay the Publisher at the Contract rate for all Service provided up to and including the date of suspension or termination and the termination of the Contract or any contract for whatever reason shall not affect the rights or remedies of either party in respect of any antecedent breach or in respect of any such owing or to become owing to the other.

12. General
12.1 Failure or delay by the Publisher in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
12.2 Any waiver by the Publisher of any breach of, or any default under any provision of the Contract by the Customer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
12.3 All rights to the Advertisement under this Contract are the property of the Publisher and cannot be used elsewhere, sold to or in any other way disclosed to others by the Customer without the prior written consent of the Publisher.
12.4 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
12.5 The Customer shall not be entitled to assign or transfer in whole or in part the benefit or burden of the Contract without the Publisher’s prior written consent.
12.6 The rights and remedies of the Publisher set out in these conditions shall be in addition to and without prejudice to any other rights and remedies which may be available to the Publisher at common law or under statute.
12.7 Each party shall comply with its obligations under the Data Protection Act 1984 and 1998.
12.8 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and
the parties submit to the exclusive jurisdiction of the English Courts.

Chocolate Fountain Terms & Conditions

Chocolate fountain Terms & Conditions

To make sure we all understand the terms under which we are doing business,
we are obliged to set out the following terms and conditions between us.

Definitions

Seller - means, The Lakhani Group
Buyer - means, you, the person who is hiring the product/services from us
even if you are hiring on someone else's behalf.
Delivery Charge - means a charge that is payable by you to us for the delivery
of the item/service.
Fountain - means Chocolate fountain
Term - means the day of hire

General Booking Terms

A booking is made and a contract formed when the Seller receives a booking
form from the buyer along with a non-returnable deposit, and we confirm that
booking to you.

Once the seller has received the booking form from the buyer, the seller
will confirm your booking along with an invoice for the balance payment,
which must be paid at least 14 days before the booking date.
If you do not pay the balance by the due date the seller, will be entitled
to regard the booking as cancelled and no refund will be payable, The seller will pursue to recover balances.
The seller will not take responsibility for any delay in reaching any venue
due to road works, traffic chaos or any other highway hazard.
Any variations on the terms and conditions can only be permitted if expressed
in writing by the seller

Cancellation

The Buyer must make cancellations in writing.
All deposits are non - returnable.

Breakdown

In the unlikely event that the fountain should breakdown or fail to operate
as a fountain, the system will still allow the guests to dip food into the
bowl of the fountain, which will be filled with chocolate, and therefore
provide the guests with the experience. The seller will refund to the buyer
25% of the full hire charge if this occasion occurs.
In any event, the buyer agrees that the maximum claim that could be made
in respect of loss or damage is restricted to the total cost of the hire
and no more.

General

The Contract is between the Seller and the Hirer as principals and may not
be assigned by the Hirer without the express written consent of the Seller.
These Conditions form the whole agreement between the Seller and the Hirer
and shall not be removed or varied in any way.

The Seller is in default of any of its obligations hereunder, it shall not
be liable where such default is due to any act of God, war, strike, lockout,
industrial action, fire, flood, drought, tempest or other event beyond the
reasonable control of the Seller. In such circumstances, the Seller shall
give notice to the Hirer where possible, and be released from performance
of its obligations hereunder to the extent the event of supervening impossibility
prevents or restricts the Seller-s performance.
These Conditions are subject to English Law and the Hirer consents to the
exclusive jurisdiction of the English courts in all matters regarding the
Services.
It is not the intention of the parties to confer any rights contained in
The Contracts (Rights of Third Parties) Act 1999 on any third parties referred
to herein, and any such rights, which may otherwise be implied, are hereby
excluded.