All services, including the supply of property (“the services”) are undertaken by Southall and Rush Limited (“the Company”) subject solely to these conditions unless otherwise agreed in writing by a Director of the Company.
Price
The contract price is based on costs ruling at the time of a quotation and if between that time and the termination of the services any rise or fall in costs or variation in the services shall occur the contract price shall be amended to provide therefor.
Payment
Unless otherwise stipulated by the Company fifty per cent of the contract price shall be paid by the Client when its order is placed, the balance being payable against invoice on the opening day of the Exhibition or on completion of the services whichever is the earlier. All terms are strictly net. The Company reserves the right to charge interest at 3% above Bank of England Minimum Lending Rate calculated on a daily basis on invoiced amounts not settled within thirty days of the date of invoice. Build will only commence upon receipt of cleared funds for all first fifty per cent / one hundred per cent invoices.
The Client will be liable for the full contract payment in respect of any contract cancelled 21 days or less before the show date.
Performance
The Company shall be relieved of its contractual obligations in event that performance thereof is prevented or delayed directly or indirectly by an act of God; war, riot, strike action, labour disturbance, industrial dispute, fire, flood explosion, shortage of material or labour or any cause beyond the control of the Company. If for any of these reasons the contract is not completed the client shall pay the Company the contract price less the cost of labour and material not expended.
Company’s Property
All property supplied by the Company (“Company’s property”) shall unless otherwise agreed in writing be on hire from the beginning of the day when the Exhibition opens until collected by the Company after the close of the Exhibition (“the hire period”). The Company will insure the Company’s property against loss or damage by fire, explosion, aircraft, riot, civil commotion and malicious damage but the Client shall be liable for and shall indemnify the Company against all other loss or damage to the Company’s property during the hire period unless such loss or damage results from negligent act or omission by the Company.
Liability To Others
The Client shall be liable for and shall indemnify the Company against claims arising from injuries sustained by persons and loss of or damage to property (not being the Company’s property nor the Client’s property) arising from the services during the hire period howsoever caused unless such injury, loss or damage results from negligent act or omission by the Company.
Consequential Loss
The Company shall not under any circumstances be liable for any direct or indirect consequential loss arising from the services howsoever, whensoever or wheresoever caused and whether or not resulting from negligent act or omission by the Company.
Regulations
The Client shall comply with all regulations and conditions imposed by any exhibition organiser, promoter, hall owner or local or other authority and shall be responsible for obtaining their written consent to any modification thereto or waiver thereof as may be necessary to enable the Company to perform the contract. The Client shall communicate to the Company such of these regulations and conditions as may affect the services and indemnify the Company against all liabilities arising from noncompliance with any of the said regulations and conditions unless resulting from negligent act or omission by the Company.
Sub-Contractors and Employees
The Company may sub-contract all or any part of the services except insofar as the client otherwise instructs the Company in writing. The Company contracts for itself and as agent of and trustee for its employees and sub-contractors and their employees and any reference in the above Conditions to “the Company” shall be deemed to include every such employee and sub-contractor.
Law
The contract shall be governed by the construed in accordance with English Law and be within the exclusive jurisdiction of the English Courts.