Interpretation in these conditions - 'The Company' means Open Access Events Limited of which SPORTLUX is a trading name. 'Goods' means the goods subject of the Contract; 'The Buyer' means the person, firm or company with whom the Contract is made by the company; 'The Contract' means the Contract for the sale or supply of the Goods.
General - These conditions shall apply to the Contract to the exclusion of any other terms or conditions contained or referred to in any order, letter, form or Contract sent by the Buyer to the Company and the provisions of these conditions shall prevail unless expressly varied by agreement in writing and signed by a director on the Company's behalf.
Orders - Not with standing any detailed quotation of the Company no order shall be binding on the Company unless accepted in writing by the Company.
Prices - The price payable for the goods shall be the prices of the Company current at the date of dispatch unless otherwise contracted. The Company reserves the right to issue new price lists at any time without prior notice. The price of the Goods shall be due in full to the Company in accordance with the contract and the Buyer agrees not to exercise any set-off, lien, or any other similar right or claim whether in respect of any alleged defect in the Goods or otherwise.
Terms of payment - The Buyer shall pay the invoice price of the Goods (less any discount to which the Buyer is entitled, but without any other deduction) by the end of the month following the date of invoice. The time of payment shall be of the essence of the Contract.
Delivery - 1. Any date quoted for delivery of the Goods is given in good faith but is approximate only and the Company shall not be liable for any delay in delivery of the Goods howsoever caused. Time of delivery shall not be of the essence of the Contract. 2. The Company will incur no liability (whether in contract or for negligence or otherwise) for loss or damage to or defect in the Goods prior to delivery or for any claim that the Goods are not in accordance with the Contract (being a defect or loss, damage or non-compliance obvious on a reasonable inspection of the Goods) or for non-delivery, unless such claims are notified in writing to the Company (and, in the case of claims for non-delivery, loss or damage, with a copy to the carrier); within 14 days of dispatch date. 3. In the event of a valid claim for non delivery, loss or damage, the Company undertakes at its option to replace the Goods at its expense but shall not be under any further liability in connection therewith. Where goods are replaced at the option of the Company, the property in the replaced goods shall revert to the company. 4. If the Buyer fails to give notice in accordance with the above the goods shall be deemed to be in all respects in accordance with the Contract and, without prejudice to earlier acceptance by the Buyer, it shall be bound to accept and pay for the same accordingly.
Returns - In the event of cancellation by the client and under exceptional circumstances a refund may be given at total discretion of the management.
Carriage -1. The Carriage charge carriage is included in the quoted price for all orders in England and Wales and for Scotland and the Isle of Wight. 2. Where the Buyer requests delivery in a special manner (i.e. post or express carriage), carriage shall be charged to the Buyer. 3. Passing of title and risk. 4. Title to the goods supplied by the Company (the 'Goods') shall not pass to the Buyer until the Buyer has paid the Company the full purchase price of the Goods; the full purchase price of any other goods supplied to the Buyer by the Company; any other sum which as at the date that payment is made for the Goods is due to the Company by the Buyer; 5. Pending the passing of title to the Goods supplied to the Buyer, the Buyer undertakes to keep the Goods separate from any other Goods of the Buyer or any other supplier so that the same are readily identifiable as the property of the Company and it shall be the duty of the Buyer at all times if so required to identify the Goods as the property of the company. 6. The Company and its servants and agents may forthwith enter upon any premises or land occupied or owned by the Buyer to remove the Goods. 7. The buyer may resell goods which he has bought under the Contract but not yet paid for in the normal course of business and shall owe a fiduciary duty to the Company to account for the proceeds of sale separate for the benefit of the Company.
Conditions & Warranties - The descriptions and illustrations shown in any catalogue at the time of going to press are to the best belief of the Company correct but the Company reserves the right to make any modifications, improvements, alterations or any reasonable variations in size and weight in the supply of any of the products so described whether for reason of availability of materials or components or for any other reason.
Representation - No employee or agent of the Company has any authority to vary these conditions and no statement, description, information, warranty, or recommendation contained in any catalogue, price list, advertisement, or made verbally by any of the Company's agents or employees shall enlarge, vary or override any of these Conditions.
BOOKING TERMS AND CONDITIONS
At Open Access Events Ltd it is of paramount importance to us that all our clients enjoy perfectly planned events and hospitality that exceed their expectations. Further, we want to ensure that both the initial booking and payment process runs smoothly. Please note that all packages are subject to availability and prices are subject to change. All our bookings are bound by these Terms and Conditions and by signing the booking form you agree to be bound and to adhere to them. These Terms and Conditions shall be governed by English Law and shall be subject to the sole jurisdiction of the English Courts.
Reservations/Bookings - Reservations/Bookings are accepted subject to availability and on receipt of a completed and signed booking form. The reservation/booking becomes effective on the issue of a Confirmation of Booking by Open Acces Events Ltd.
Should any amount not be paid by the due date, Open Access Events Ltd, at their sole discretion, will be entitled to treat the booking as being cancelled by the client and enforce the cancellation clause set out below. Open Access Events Ltd shall not be obliged to dispatch tickets, passes and other documentation relevant to the booking until all invoices have been paid in full.
For reservations/bookings which involve foreign travel it is the responsibility of the clients to ensure that their passports and any other travel documentation (including travel and medical insurance) are in order and that if details are required by Open Access Events Ltd, these details are provided when requested. If clients are unable to travel as a result of failing to produce the necessary documentation, the clients will be liable to pay the cancellation clause set out in the cancellation clause below. Furthermore Open Access Events Ltd will not accept any responsibility or refund any money in cases where the clients are unable to travel because of an invalid or mislaid passport.
Cancellation/Refunds - In the event of cancellation by the client and under exceptional circumstances a refund may be given at total discretion of the management. We accept refunds within 14 days from the order date.
The Contract -The contract to provide the arrangements shall be created by Open Access Events Ltd’s acceptance of your booking on receipt of your signed booking form. The parties making the contract are Open Access Events Ltd on the one hand and all clients and persons represented by the person who confirms the booking on the other.
What is not included in the package?- All transport arrangements to and from an event unless specified. All items of a personal nature such as telephone calls, insurance premiums etc. Any “extra” items requested and arranged are chargeable and payable on receipt of Open Access Events invoice.
What is included in the package? -Only the items detailed in the appropriate sales literature or as further detailed in the invoice.
Timetable of Events - Whilst timetables are published they unfortunately cannot be guaranteed and cannot be a condition or form part of a contract. Timetables are subject to alteration without notice, but every effort will be made by Open Access Events Ltd to provide the best alternative timetable possible.
The Event/Occasion - The times and dates of an event/occasion may be modified (rescheduled) under unforeseen circumstances including, without limitation, force majeure, safety and security concerns or a decision from a governing body, television broadcaster or any other competent authority. If an event/occasion is rescheduled for one of the reasons contemplated above, Open Access Events Ltd will use its best efforts to arrange for Hospitality Services to be provided at the rescheduled event/occasion. In this case the Hospitality Services contained in the Hospitality Packages remain valid for the rescheduled event/occasion, but the client acknowledges and accepts that the provision of the Hospitality Services may be altered. This constitutes the sole and exclusive remedy to which the client is entitled with no right for the client to claim any refund.
Open Access Events LTD give no guarantee whatsoever that the event/occasion shall take place. Should any event/occasion be cancelled for any reason whatsoever, the client will have no entitlement to any refund of monies paid. In some cases there may be a refund due from the “event rights holder” for the ticket element of a package; details of such refund schemes are sent out with the event tickets. It is the responsibility of the client to adequately insure themselves against postponement or cancellation, for whatever reason, of the event/occasion. The provisions of the S1(2) of the Law Reform (Frustrated Contracts) Act 1943 (or any re-enactment thereof) shall not apply to any agreement between Open Access Events Ltd and the client.
Third Parties - Open Access Events Ltd in making arrangements on behalf of its clients contracts with third parties for provision of all of the necessary facilities including the provision of tickets for entry to the event/occasion. In doing so it is expressly agreed that Open Access Events Ltd acts only as agent of the client and that no liability of any kind howsoever caused shall attach to Open Access Events Ltd in connection with or arising out of such arrangements. The contract with Open Access Events Ltd and the client shall be subject to any terms and conditions with third parties. In the event that such facilities or tickets shall not be available, for whatever reason, any liability of Open Access Events Ltd shall be limited to the return of all sums paid by the client for such facilities or tickets.
Alterations or Cancellations of Arrangement by Third Parties - In the event of the cancellation or postponement of an event/occasion, or when the arrangements and/or facilities for any event/occasion are changed or cancelled by a third party, Open Access Events Ltd will use its best endeavours to provide an alternative.
Changes to Arrangements by Open Access Events Ltd - Every reasonable effort will be made by Open Access Events Ltd to adhere to advertised and confirmed arrangements, but open access events Ltd reserves the rights at its sole discretion to alter, omit or change arrangements should it be found necessary to do so, and shall have no liability whatsoever to the client for any such changes, save a refund of any monies not expended.
Changes to Arrangements by Clients - Every effort will be made by Open Access Events Ltd to accommodate any changes or alterations requested. “Extras” will be charged as such. Reduction in the number of a party will be treated as a cancellation, but only in respect of the number of reduced places. In the event that the client is in breach of any obligation under this contract, or has entered into receivership or liquidation, or has become bankrupt or insolvent, then this contract shall be treated as cancelled by the client. In all cases, cancellation clause(s) in accordance with the above shall be applied.
Delivery of Hospitality Packages -Unless the parties agreed that Hospitality Packages will be picked up by the client at the offices of Open Access Events Ltd, the Hospitality Packages will be delivered by secured courier or registered mail to the address stated on the Booking Form or to a different address subsequently notified in writing by the client and duly acknowledged by Open Access Events Ltd, provided that timely and complete payment of the price has been received in accordance with these Terms and Conditions. It is the client’s responsibility to arrange for an authorised representative to be present at the delivery address to receive the Hospitality Packages. If the client has not received the Hospitality Package within a reasonable timeframe before the event/occasion, it is the sole responsibility of the client to contact Open access events Ltd. Open access events Ltd will then conduct any reasonable investigation in connection with the problem reported by the client, such investigation being at the client’s cost, to the extent the client turns out to be responsible for the problem.
Liability-Open access events Ltd shall not be liable for any matter whatsoever that is beyond its control, and shall not in any circumstances be responsible for any sequential or indirect loss that may be incurred by the client or its guests, associates and agents, or any third party. All guests should keep valuables with them at all times.
Descriptions - In compiling our sales literature and establishing all our arrangements we have relied on the information provided by third parties. Wherever possible these have been verified. However, should you find anything that is not described, please let us know as soon as possible so that we can give it our attention.