Exquisite Mandaps – Terms & Conditions In these conditions Exquisite Mandaps is referred to as `the company’. The Contracting Party/Parties is referred to as `the client’. The company provides the service of organising and arranging functions (e. . Weddings, Receptions, Engagements etc) & provides ancillary services to the functions. (e.g. Hire of Venues, Equipment etc) as specified in the Quotation and any definition shall have the same meaning given in the quotation. This Quotation upon acceptance by the Client shall form a binding contract (“contract”) between the Company and the Client and after acceptance any references to the term “Quotation” shall be substituted by the term “Contract”.
1. GENERAL
These conditions are the only terms and conditions upon which the Company will do business with a client, and shall override any other terms & conditions contained in any order of acceptance of our estimate, unless a specific contract is made in writing wherein it is expressly stated that these conditions shall not be acceptable or shall be treated as variable. They may only be varied by written agreement and shall prevail over any conditions customary in the trade or which the Client would otherwise impose.
2. QUOTATION
All Quotations given are subject to availability and can be amended or varied by the Company at its sole discretion. Any Quotation not confirmed with 14 days of the date it bears will be deemed invalid.
3. ACCEPTANCE OF QUOTATION
All orders placed by the client should be confirmed in writing during the validity period of the Quotation as in 2 above although payment of the deposit or in full for the services will be deemed as confirmation and acceptance of these terms & conditions. The company accepts no responsibility for any misunderstanding arising through orders or instructions placed verbally.
4. NON-REFUNDABLE DEPOSIT AND FINAL PAYMENT
An agreed deposit as set out in the Quotation shall be paid on acceptance of any quotation with the total balance of all services to be supplied paid no later than four weeks (30 days) before the Function Date. Failure to make any payments shall relieve the Company if its obligations under this Quotation. The deposit is non-refundable under any circumstances. Payment sent by post & not received in time will result in the client sending the balance electronically & this will be at their own cost. If final payment is not received within 14 days & is than received in cheque form the Company will automatically charge £25. 0 per cheque, so that it can have the cheque(s) cleared on a special basis. This amount will need to be paid in cash immediately or transferred electronically to the Company bank account. If the charge is not paid than the client shall relieve the Company of it’s obligations in full & any monies that have been paid to the Company are non refundable.
5. CANCELLATION
Cancellation following acceptance of a Quotation/Contract shall be in writing. In the event of the Client cancelling a function/hire or venue/goods supplied by us, they shall be required to pay the Company on the following basis: -Following acceptance of a Quotation/Contract at any time 100% of the total deposit paid.
6. DELIVERY & ERECTION
The company will deliver (and erect where appropriate) any goods hired by the Client at its own cost, unless specified otherwise. The Client shall ensure at their own expense before the agreed delivery date and on the removal date that the premises and the access points are suitable and ready and available to house the items and that the adequate protection for floors and other property is made as appropriate. If the hired items are to be placed on a stage provided by the Client/Venue than this must be at the agreed height, width & depth as per the Contract and must be strong enough to hold the hired items. If the stage has not been assembled safely, is not the right size or if the Company feel that it will not be strong enough, then they have the right to place the hired items on the floor. The Client will not be entitled to any compensation from the Company. If the Company arrive at time of erection/set up & the stage is not set up & the Company have no option but to set the stage up to meet it’s timescales as per the contract than a automatic charge of £100 + vat will be charged to the Client. If the stage has been set up in the incorrect location & has to be moved by the Company in order to meet it’s timescales as per the contract than this charge will also apply. The Company will endeavour to meet the time agreed for removal of the items supplied here by the Company. The Company shall not be liable for the consequences of any delay. The Client should be responsible for ensuring that all the items supplied by the Company are available for collection/erection at the stated removal/set up time. If such time exceeds by more than 45 minutes to the stated, due to no fault of the Company, the Client will be responsible for an added cost of £100 plus VAT per hour (or part hour). The Company will not be responsible for any costs incurred by the Client’s in the event that the function is delayed. The Client may avoid these charges if a member of the family telephones the Company (if they cannot get through they must leave a message stating time message left & full name) no later than 3 hours before the initial agreed time to inform the Company of the delay being incurred. If this happens than the above applies from the new time given and the Company will still require the same amount of time estimated on the Quotation for removal of the hired items. The Company reserves the right to refuse any such extension without the requirement of giving a reason/notice. The Client should ensure that there is adequate time for erection and removal of hired goods, and that the Client should be aware that the Client books the venue to allow time for erection and dismantling & removal of hired goods. Minimum times required will be stated on the quotation & will be the responsibility of the Client to book this time with the venue. If loading bays are occupied/unavailable & the company needs to off load/load the hired goods to meet the agreed times they may have no alternative but to park their vehicles in areas where they may get clamped, towed or receive parking fines. In such cases the costs will be levied onto the Client, this amount will need to be paid in cash immediately or transferred electronically to the Company bank account, if this is insufficient the Company will pursue a claim against the Client for any shortfall. The Company may at times have to secure wires, cables & carpets for safety reasons using a very strong adhesive tape. Please be aware that this may leave residue or a mark on the surface. The Company shall not be liable for any damages from this cause.
7. CATERING EQUIPMENT & LINEN
If the Quotation involves the provision of catering facilities (i. . food, drink, cutlery, crockery, linen or glassware) then the Client must notify the Company of an estimate of the numbers at the time of accepting the Quotation and the exact numbers not less than 90 days prior to the Function Date and failure to do so shall render the Client liable for any shortfall or excess in supply as a result of the same. If the Client hires linen/chair covers then they must ensure that the tables/chairs are put out at the agreed time & location in order for the Company to meet it’s obligations. If for any reason the tables/chairs are not put out then the Company shall leave the linen/chair covers to one side and the Client will have to arrange for this to be implemented at their own cost. The client will not be entitled to any refund from the Company. If the Company has the resources on the day & has to put out tables/chairs to fulfil their agreed contract time & this have not been agreed in the contract than the Client will be automatically charged, the amount will be at the Company’s discretion.
8. TITLE
No title to any goods (other than perishable goods) shall pass to the Client and the Client shall not self-assign encumber or part possession of or otherwise deal with the goods or any interest therein or allow to be created any lien over them nor shall the Client withhold the goods by way of set off or any other reason whatsoever.
9. OTHER
The Client shall exercise and shall ensure that his family, servants, agents and invitees exercise reasonable care in the use possession and custody of the goods and in the event of any breach of this clause the Client shall indemnify the Company against all loss, damage and liability which it may sustain or incur as a result of the same. The Client is responsible for any damage to hired goods belonging to the Company, functions rooms and associated facilities and the Company will immediately require reimbursement for the cost of any repair, replacement or making good any loss or damages to the hired goods which results directly from your use. The Client will be notified of any damage or loss within 7 days of the Function Date. Any Client’s goods brought to the venue shall be at the Client’s risk. All equipment supplied by the Company remains the property of Exquisite Mandaps and/or its suppliers. The erection and removal of marquees, staging and the laying of artificial floors inevitably causes some minor damage to lawns, gardens and other things in or under the site or access thereto etc. and the Company accepts no responsibility or liability for any such damage consequent on the erection, maintenance and removal of such structures. During the period of hire of any ancillary service, the Client is solely responsible for the hired items and shall at all times be responsible for insuring all items supplied from the time of acceptance of the items until the time it is returned and accepted back into the possession of the Company. It is recommended that an immediate family member be present during erection/set up of the hired items & have in their possession the Client’s contract. The family member will be asked to after erection/set up sign & agree that the contract obligations have been met by the Company & all items supplied are in accordance with the Client’s contract. If no family member is available than by default the Client will accept the items that have been erected/set up by the Company. The Company will be under no obligation to return to the venue should the client wish to re arrange items or have any questions/queries. It is recommended that a family member stay behind until the Company have counted all the hired items, if there are shortages & no family member is available at the time to be notified than the Client will have to take the Company’s word. Shortage in returning or damage to supplied items will be charged according to the full replacement value at the time of hire, should the Client wish to have any items returned for inspection the Company must be notified by telephone immediately and in writing within 3 days of the Function Date, otherwise the said items will be disposed of. Any items returned are at the Clients expense. Supplied services and items must be available for collection at the Venue, unless otherwise agreed. Any extra expenses incurred where subsequent journeys are made necessary will be charged accordingly. The Company will make every effort to collect at the pick-up-time of the function. It is the Clients` responsibility to ensure that the items are kept secure until collected. The Company will endeavour to supply the specific items requested, however we reserve the right to substitute an appropriate alternative where necessary. If any items are broken/damaged in transit we will endeavour to replace the items, if however this is not possible due to the distance of the venue or an alternative in not available, compensation will be paid of a reasonable amount agreed between the Company & the Client. If an agreement cannot be reached the Company will agree the amount at it’s sole discretion & cannot be challenged by the Client. If cutlery is being hired it must be available for collection at the stated time & must be rinsed thoroughly & placed back in the box provided. It must be left on the headtable for collection. The Company will not be responsible for setting out tables and chairs at the Venue. If we are supplying them then the Quotation will indicate if we are setting them out. The Quotation does not include any managerial responsibility of the function or any responsibility other than that provided for in the Quotation which in any event is performed at the Companies sole discretion. The Client will allow such time as is required for the assembling and dismantling or performance of the ancillary services provided by the Company, an estimate of which will be quoted on your Quotation. The Company will be liable to the Client and/or persons attending the event for injury to persons or loss or damage to property only where and to the extent that it or its employees have been negligent but otherwise will be under no liability to them whatsoever. Exquisite Mandaps personnel are only contracted to do work as instructed by the Company. The Client must ensure that a working & appropriate fire extinguisher is immediately available when they are using the Havenkundh as the Company accepts no liability for the fire, if it was to become a hazard. The Client must ensure that the stage is cleaned as per their contract with venue. The Company accept no responsibility for the cleaning of the stage & will not be liable for any costs incurred. If after you & your guests have left, the venue insist on the stage being cleaned then you will be charged £50 + VAT. All fresh flowers will be delivered/provided in good condition, any flowers that are not arranged in an oasis will have a limited life. The Company accepts no liability for flowers that wilt due to hot weather or air conditioning. Kora Kori is allowed to be played under the Mandap but sufficient measures must be put in place by the Client to avoid spillages & damages to hired items. The Client will be liable for any damages incurred. Exquisite Mandaps will leave out their standard sized business cards on the foyer table that they setup, these cards are to remain present for the duration of the fuction. If the Mandap is to be setup outside, winds of more than 5MPH can cause mandaps to lift off the ground and move them out of place. If you decide to still have the mandap outside, Exquisite Mandaps cannot be held responsible for any damages caused or injuries that may occour. Once the mandap has started to be setup outside or has been setup outside, it cannot be moved inside. If you are having the mandap outside, the ground where the mandap is to be positioned will have to be flat and level. The Client will be given a maximum of three appointments in total (includes 1st visit) to discuss & finalise their requirements. Any further appointments requested by the client will be charged at £50 + vat per hour/part hour & may at the discretion of the Company be either added to the final amount due. The Company will always try it’s up most to make sure glassware hired by the client is of the same quality & size. But due to different manufacturers sizes & quality may very slightly & the Company will not compensate the Client in these circumstances. If at the agreed erection/set up time the venue is not accessible the Client will be charged a waiting charge at the discretion of the Company. If a function finishes after 11pm their will be an automatic additional charge of £100 + vat for collection & the paragraph which states charges in respect of a function running late beyond the agreed time on the contract also applies in addition to this, if this was to also incur at the same time.
10. CLAIMS
Any claims against the Company must be notified as soon as possible but in any event within 3 days and confirmed in writing to the Company within 7 days of the Function Date.
11. COMPLAINTS
Should there be complaints, please advise the co-ordinator present during the function. If unavailable, all complaints should be made in writing, to be received within 7 days of the Function Date to admin@exquisitemandaps. om
12. ALTERATIONS
Prices quoted for each function are based on the original numbers indicated, time, date and location of the function. The Company reserves the right to re-quote should any of these change after the date of the Contract. The Company also reserves the right to terminate the /Contract if they are unable to accommodate time and/or date changes made by the client, the client in such circumstances will not be entitled to any monies paid back & will also be liable for the remainder of the monies due as per their Contract. Increase in items added to a Contract after the deposit has been paid will be charged at the rate applicable at that time, which may differ from the original stated prices. The increase in items may not be available & therefore the Company has no obligation to accommodate the request. Once a package price has been quoted the Client is not entitled to change/add/remove/compensate the items within the package price under any circumstances. If the Client wishes to add any items they will be priced separately and if the Client wishes to change/remove any items then no deduction will be made from the price, the package price will still be payable. If several package prices have been agreed because the Client has several functions & than the Client decides to cancel/amend one of the packages the Company has the right to re quote the other packages booked & the new sum will be payable by the Client. Once a deposit has been paid and the Client wishes to change or remove items from the Quotation they may do so but no later than 3 months before the Function Date. If the Company incur any costs/cancellation charges then the Client will be liable for any such charges. The Company reserves the right to ask for five working days in certain circumstances. Any written variations of any of the above conditions shall not invalidate the remainder.
13. POWER SUPPLIES
The Company may recommend that an additional temporary electrical supply is provided in cases of large events and if the Client fails to make arrangements for the same or the arrangements made are unsatisfactory due to no fault of the Company than the Company accepts no liability for any loss or damage caused or suffered as a result of the failure or interruption of any primary or temporary power supply. The Client will be liable if they fail to provide a supply of electricity specified by the Company & to any damage, loss or injury caused to any property, equipment or person of or hired by the Company. The Company will not be liable for bulbs or fuses that blow during the Function, bulbs or fuses can blow at any time. The Client must ensure that the correct number of sockets are available & in working order for the Company to set up the lighting equipment required. If there is a problem with the lighting whilst setting up the equipment, the Company will reserves the right to use emergency lighting if this is available, if this is not possible than their will be no lighting. The Client will not be entitled to any compensation from the Company. Lighting products get hot & if there was any injury to guests the Client shall indemnify the Company.
14. FORCE MAJEURE
The Company shall make all reasonable efforts to perform its obligations agreed under the Quotation but it shall not be liable for any failure to perform or delay in any of its obligations under the Quotation due to circumstances outside the control of the Company including but not limited to wars, fires, floods, strikes, lockouts, sickness, accident, unavailability from normal sources or routes of supply of equipment or other assets or governmental action or any other reason which be deemed as force majeure.
15. LIMITATIONS
OF LIABILTY In the unlikely event of total hiring failure by the Company on the Function Date the total liability to the Client shall be limited to the price on the Quotation. The Company will not be liable for indirect or consequential loss. We strongly recommend you take out insurance to cover all the services and equipment hired for the event. Your event may also be insured against cancellation or abandonment with a minimum sum assured