Formation of Contract & Terminology
A Contract shall mean the formal agreement between the Supplier and the Customer to provide goods and/or services, comprising the Confirmation of Order (Order) and these Terms and Conditions.
The Supplier shall mean Trade Show Services, trading as Spektrum Events.
The Customer shall mean any company or persons meaning to engage in a contract with the Supplier.
Any other terms proposed by the Customer are excluded.
Price & Payment
A purchase order number must be provided by the Customer prior to any work being carried out by the Supplier.
Payment is due within 30 days of the date of each invoice unless other terms are set out in the Order.
Where the Services include supply of materials or labour, the Supplier may vary the agreed price to take account of any increased costs.
If the Supplier accepts a request to vary the Services, the price and times in the Order will be adjusted by the Supplier as appropriate and the changes notified to the Customer.
The Supplier may decline to carry out any requested variation.
The Supplier reserves the right to charge interest on any overdue payment in accordance with the Late Payment of Commercial Debts (Interest) Act. Late payments will be charged at 5% over the current Bank of England base rate. Also, the Supplier will be entitled to cancel unfulfilled Orders and/or suspend the Services if any payment is not made on the due date by the Customer.
All prices quoted are exclusive of VAT.
If the Customer wishes to change anything in the Order, the request must be made in writing or by email.
The Supplier will inform the Customer whether they are willing to agree to the change and, if so, what will be the impact on the price and delivery date.
The Customer must notify the Supplier in writing within 7 days if these changes are accepted and if so, the price and delivery date will be adjusted by the Supplier.
The Supplier will not proceed with the change until this notice is received.
A request to reduce the quantity of Products ordered will not result in a price reduction unless otherwise agreed in writing by the Supplier.
Dates for commencement and completion of the Services given by the Supplier are given in good faith but, unless stated in the Order, dates are not guaranteed and the Supplier will not be liable for any delay in commencement or completion of the Services.
Where the Services include installation or other work at premises owned or designated by the Customer, the Supplier will give adequate notice of the date when the Supplier requires access.
The Customer will provide access on the specified dates and provide any facilities (power, water, welfare facilities etc.) as reasonably required by the Supplier.
The Customer will also provide any pertinent health and safety information regarding the site or premises that effects the supplier or their staff.
Property & Risk
When the Services include the supply of goods or materials, the risk of loss or damage passes to the Customer upon completion but, where Services are performed on the Customer's premises, the risk of loss or damage to goods and materials, except when caused by the Supplier, rests with the Customer who should insure the risks at his expense.
Ownership in the goods and materials will remain with the Supplier until payment in full of all amounts due from the Customer have been received by the Supplier.
All delivery dates given by the Supplier are given in good faith but dates are not guaranteed and the Supplier will not be liable to the Customer for any delay in delivery.
The Supplier will notify the Customer when the Products are ready for delivery. Delivery will occur when the Customer collects (or arranges collection) of the Products from the Supplier premises, unless the Supplier have been contracted to deliver the goods.
If the Customer does not collect the Products within 7 days of the delivery date the Supplier may charge a reasonable amount for storage pending collection by the Customer.
Ownership & Risk
The risk of loss or damage to the Products passes to the Customer upon delivery or 7 days after the Supplier has notified the Customer that the Products are ready for collection at its premises if the Customer has not collected them by then, or if Spektrum Events cannot deliver on agreed date due to the Customer not making the appropriate arrangements.
Ownership in the Products will remain with the Supplier until payment in full of all amounts due from the Customer have been received by the Supplier.
The Supplier will not have any liability to the Customer if prevented from performing the Contract on account of force majeure which includes, but is not limited to severe weather conditions, war, terrorism, strikes or difficulty in obtaining materials and labour.
In any of these circumstances, the Supplier reserves the right to cancel or delay the Order.
All designs and intellectual property rights are and will remain the sole property of the Supplier.
Under no circumstances will the Customer copy, distribute or make use of any of the Supplier's designs and other intellectual property rights unless given express permission in writing.
Warranty & Liability
The Supplier will exercise reasonable skill and care in the supply of the Services.
Any defect must be notified promptly and in any event within 7 days of the Customer becoming aware of the defect. When the Supplier accepts that the defect is the Supplier’s responsibility, the Supplier will have the option to remedy the defective Services (when this is feasible).
Under no circumstances will the Supplier’s liability to the Customer exceed a sum equal to the total price payable for the relevant Services nor will it extend to any loss of business or profit or any indirect loss incurred by the Customer.
Where the Services include the supply of goods or materials, the warranty given above will not apply to defects which are due to: fair wear and tear, accidental damage or failure by the Customer to adhere to the Supplier’s recommendations; or to materials or goods included in the Services which have not been manufactured by the Supplier.
All terms, conditions and warranties implied by law, trade use or otherwise (including but not limited to any warranties as to quality or fitness for purpose) are excluded to the extent permitted by law.
The Customer acknowledges that the only warranties are those given expressly by the Supplier in these Conditions.
If the Customer (a) commits a breach of contract, or (b) fails to make a payment on the due date, or (c) becomes insolvent or has a receiver or liquidator appointed then, in any such case, the Supplier shall be entitled to end the contract and recover all the Supplier’s costs and losses including loss of profit up to the termination date.
Law & Disputes
Any contract between Supplier and Customer is governed by English law.
Any dispute which cannot be settled amicably will be referred to mediation at the request of either party. CEDR (the Centre for Effective Dispute Resolution) will arrange the mediation. Any dispute that is not settled will be resolved in the English courts.