Terms & Conditions
Quotations are valid for 14 days from the date of issue.
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.
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 within 7 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.
5.1. 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 commercial credit cards. No charges apply for BACS or electronic transfer. If paying via international bank transfer; we do not accept liability for any charges including charges made by our bank. 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 following the event, which shall be payable within 14 days of the date of the invoice unless prior credit terms have been agreed.
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. The Client 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. The Client 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. The Client 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.
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.
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.
13.1. Due to the fresh nature of our cocktails, the client shall provide a correct and accurate figure of the number 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.
14.1. 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 an 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 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).
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.
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. VIRTUAL EVENTS
The Cocktail Service does not accept liability for the failure of any third-party video conferencing facilities whether they are provided by The Cocktail Service or the Client.
18.1. All address information supplied by the Client must be complete and accurate. The Cocktail Service requires a full name, a full postal address and contact number for the recipient. Any goods damaged or returned due to incomplete or incorrect address information will not be refunded and any claims will be voided.
18.2. All address information and the final selection of goods must be confirmed in writing by the Client no less than seven days prior to the agreed delivery date.
18.3. Once delivery has been attempted by The Cocktail Service or their designated courier service, responsibility for the goods passes to the Client and will not be refunded in the event of loss or damage.
18.4. Goods must be paid for in full prior to the goods being dispatched.
18.5. It is the Client’s responsibility to receive and check the goods, once delivered the Client accepts responsibility for all goods. Any damages or defects must be reported within 24 hours.
18.6. For goods dispatched to an address outside of the UK, The Cocktail Service does not accept liability for any loss, damage, or delays to the arrival of those goods once the goods have left the UK.
19. 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.
20. THIRD PARTIES
A person who is not a party to these Terms and Conditions shall not have any rights to enforce its terms.
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.
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.
23. ENTIRE AGREEMENT
23.1. 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.
23.2. 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.
23.3. Nothing in this clause shall limit or exclude any liability for fraud.
24. 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.
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.