Terms & Conditions
1. QUOTATION
Quotations are valid for 14 days from the date of issue.
2. CONFIRMATION
2.1. A contract will come into existence between The Cocktail Service and the Client when the client
confirmed by email or post that the Quotation and/or these Terms and Conditions are agreed, or
paid the non-refundable deposit or acknowledges and accepts an email with these Terms and
Conditions attached, whichever is earliest (the “Contract”).
2.2. In the case of short notice events The Cocktail Service reserves the right to proceed on verbal
confirmation from the Client.
2.3. All event details and timings must be confirmed no later than three days prior to the event.
3. NUMBERS
All prices are quoted for a specific number of guests and any change in numbers can affect the
drink price, equipment hire and staffing costs. Should guest numbers fall by 20% or more from
the initial quote, we reserve the right to charge a supplement. If numbers should increase, we
reserve the right to re-quote.
4. DEPOSITS / CANCELLATION
4.1. A non-refundable deposit of 50% of the total quote is payable by the client upon the Client
accepting the Quotation or these Terms and Conditions whichever is earliest in accordance with
clause 2 to confirm the event.
4.2. If the deposit is not paid within7 days of the event, The Cocktail Service cannot guarantee the
services until the deposit has been paid in full.
4.3. Time is of the essence for the Client to inform The Cocktail Service in the event of a cancellation.
4.4. The Cocktail Service requires notice in writing no less than 14 days prior to the date of the event
of a cancellation of this Agreement. Failure to do so will result in full payment of the outstanding
fees being due and payable immediately to The Cocktail Service.
5. PAYMENT
5.1. All remaining fees including VAT are payable before the event unless a prior written agreement
of credit is in place in accordance with clause 6. Please note, we do not accept personal cheques
and an admin charge will be applied to all payments made by credit or debit card. No charges
apply for BACS or electronic transfer. Any additional stock or service hours are included in a post
event invoice which you agree to pay upon accepting the quotation.
5.2. The Cocktail Service shall invoice the Client for the remaining sums and any additional sums due
within 7 days of the event, which shall be payable within 28 days of the date of the invoice.
5.3. If the Client fails to make any payment under this Agreement by the date due for payment, then
the Client shall pay interest on the overdue amount at the rate of 4% per annum above the base
rate of the Bank of England. Such interest shall accrue on a daily basis from the due date until
actual payment of the overdue amount.
6. CREDIT AGREEMENT
Should you require a credit agreement for your event(s) this must be agreed prior to the event in
writing. A credit check will be carried out on all companies who apply for credit. We do not accept
credit applications from private clients or sole traders.
7. CLIENT RESPONSIBILITIES
7.1. The Client confirms and warrants that:
7.1.1. the terms of the Booking are complete and accurate, and the Client will pay in accordance
with the price and payment conditions of these Terms and Conditions;
7.1.2. It shall provide The Cocktail Service, its employees, agents, consultants and subcontractors
with access to the premises set out in accordance with the Quotation where the services are
to be delivered;
7.1.3. it shall prepare the premises for the supply of the services and obtain and maintain all
necessary licences, permissions and consents which may be required for the services before
the date on which the services are to start;
7.1.4. It shall make adequate arrangements for parking for The Cocktail Service and ensure that
adequate loading facilities are provided;
7.1.5. Under no circumstances shall The Cocktail Service be held responsible for any difficulties
with parking or loading that result in delays or cancellation to service;
7.1.6. comply with all applicable laws, including health and safety laws; and
7.1.7. If the service is not carried out or the service is carried out to below standard as a result of
the venue restrictions, the Client will still be liable for the total fees.
7.2. If The Cocktail Services’ performance of any of its obligations under the Contract is prevented or
delayed by any act or omission by the Client or failure by the client to perform any relevant
obligation (Client Default):
7.2.1. Without limiting or affecting any other right or remedy available to it, The Cocktail Service
shall have the right to suspend performance of the services until the client remedies the
Client Default, and to rely on the Client Default to relieve it from the performance of any of
its obligations in each case to the extent the Client Default prevents or delays The Cocktail
Services’ performance of any of its obligations;
7.2.2. The Cocktail Service shall not be liable for any costs or losses sustained or incurred by the
Client arising directly or indirectly from The Cocktail Services failure or delay to perform any
of its obligations as set out in this clause 7.2; and
7.2.3. The Client shall reimburse The Cocktail Service on written demand for any costs or losses
sustained or incurred by The Cocktail Service arising directly or indirectly from the Client
Default.
8. LOSS / DAMAGE
The Client is wholly responsible for all equipment, stock, hired equipment, glassware and bars
from the time of delivery until it is collected. Any breakage, loss or damage caused by the Client
or the Client’s guests will be charged at the full replacement cost.
9. INDEMNITY
The client will be responsible for and will indemnify The Cocktail Service Ltd fully against any and
all claims, costs, loss, damages or liability arising due to any negligent act or default of the Client
(whether directly or indirectly) or of any person for whom the client is responsible.
10. FORCE MAJEURE
No liability is accepted for failure of performance due to strike, lockout, accidents, fire, floods,
ice, obstruction or other such events beyond the control of The Cocktail Service Ltd.
11. LIMITATIONS OF LIABILITY
11.1. The Cocktail Service shall not be liable to the Client, whether in Contract, tort (including
negligence), for breach of statutory duty, or otherwise, arising under or in connection with the
Contract for: loss of profits; loss of sales or business; loss of agreements or Contracts; loss of
anticipated savings; loss of or damage to goodwill; and any indirect or consequential loss.
11.2. The Cocktail Services’ total liability to the Client, whether in Contract, tort (including
negligence), breach of statutory duty or otherwise, arising under or in connection with the
Contract shall be limited to the total amount paid to The Cocktail Service as the time of a claim
by the Client.
11.3. The terms implied by section 3 to 5 of the Supply of Goods and Services Act 1982 are, to the
fullest extent permitted by law, excluded from the Contract.
11.4. This clause 11 shall survive termination.
12. WASTE
The Client shall be responsible for the removal of all waste of The Cocktail Service in delivery of
the services, unless otherwise agreed in writing signed by both parties.
13. COCKTAILS
13.1. Due to the fresh nature of our cocktails, the client shall provide a correct and accurate figure of
the amount of drinks to be prepared by The Cocktail Service in order to deliver the services prior
to the event.
13.2. The Cocktail Service will carry an additional 50% of the figure given by the client in accordance
with clause 13.1 to the event. If the client requires to use the additional 50% then an additional
cost will be charged at the quoted rate on the day of the event with The Cocktail Service and
included in the Clients final invoice.
14. NON-SOLICITATION/EMPLOYMENT
14.1. A Client that wishes to offer employment to any employee of The Cocktail Service whilst such
employee is assigned to the Client to carry out services shall pay to The Cocktail Service a fee of
15% of that employee’s gross annual salary and taxable emoluments (“the Introduction Fee”).
14.2. Notwithstanding clause 14.1, should The Cocktail Service fail to provide the employees gross
annual salary to the Client, the Client shall be liable to pay the Introduction Fee based on the
employee’s estimated annual salary.
14.3. In the event a Client passes on a employee of The Cocktail Service details to a third party who
subsequently offers employment to the employee, the Client shall be liable to pay the
Introduction Fee.
14.4. In accordance with this clause 14, the estimated annual salary shall be calculated as:
[the employee’s hourly rate] x thirty-seven and a half hours (37.5) x fifty-two (52).
15. BARTENDERS
Bookings are for a minimum of 4 hours. Should we be asked to extend the working hours
agreed in the quote, additional hours will be charged at the rate quoted by The Cocktail Service
and shall be payable in accordance with clause 5.
16. TRANSPORT
Taxis may be required for staff working later than 23h30 and will be charged for on the final
invoice in accordance with clause 5.
17. NO PARTNERSHIP OR AGENCY
Nothing in these Terms and Conditions is intended to or shall be deemed to establish any
partnership or joint venture between the Client and The Cocktail Service.
18. THIRD PARTIES
A person who is not a party to these Terms and Conditions shall not have any rights to enforce its
terms.
19. USE OF WEBSITE
You are not permitted to use this website other than for the following, private, non-commercial purposes:
(i) viewing this website;
(ii) making bookings;
(iii) transferring to other websites through links provided on this website;
(vii) making use of other facilities that may be provided on the website.
The use of automated systems or software to extract data from this website for commercial purposes, (‘screen scraping’) is prohibited unless the third party has directly concluded a written license agreement with The Cocktail Service Ltd which permits it access to the website data. The use of bot software without express permission is forbidden and will be prosecuted.
20. VARIATION
Except as set out in these conditions, no variation of this Agreement, including the Booking or
these Terms and Conditions, shall be effective unless it is agreed in writing and signed by The
Cocktail Service.
21. SEVERANCE
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable,
it shall be deemed modified to the minimum extent necessary to make it valid, legal and
enforceable. If such modification is not possible, the relevant provision or part-provision shall be
deemed deleted. Any modification to or deletion of a provision or part-provision under this clause
shall not affect the validity and enforceability of the rest of the Contract.
22. ENTIRE AGREEMENT
21.1. The Contract constitutes the entire agreement between the parties and supersedes and
extinguishes all previous agreements, promises, assurances, warranties, representations and
understandings between them, whether written or oral, relating to its subject matter.
21.2. Each party acknowledges that in entering into the Contract it does not rely on, and shall have
no remedies in respect of any statement, representation, assurance or warranty (whether made
innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have
no claim for innocent or negligent misrepresentation or negligent misstatement based on any
statement in the Contract.
21.3. Nothing in this clause shall limit or exclude any liability for fraud.
23. LAW OF CONTRACT
The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out
of or in connection with it or its subject matter or formation shall be governed by, and construed
in accordance with the law of England and Wales.
24. JURISDICTION
Each party irrevocably agrees that the courts of England and Wales shall have exclusive
jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising
out of or in connection with the Contract or its subject matter or formation.
I accept the Quotation attached and agree to these Terms and Conditions.