Hotshots - Marketing Promotions Agency

1) GENERAL

a) “The Company” refers to Hotshots UK Promotions Limited and “the Client” means the person, firm or company whose order is accepted by the Company and “the booking” means the promotions staff that have been confirmed between The Company and The Client.

b) All prices quoted by the Company are based upon these Terms and Conditions of Sale and reflect the limitations upon the Company’s liability, which they contain. Should any Customer wish to trade with the Company otherwise than on the terms of such Conditions of Sale, special arrangements can be made and a revised price quoted by the Company.

c) Unless otherwise agreed in writing by an authorised signatory of the Company all products are supplied on the following conditions to the exclusion of any terms of condition stipulated by the Customer and any representations, warranties or communications not expressly incorporated herein. The Customer shall, in placing making an order for products be deemed to have accepted these conditions.

d) No agent or salesperson of the Company has authority to give any guarantee or warranty on behalf of the Company or to transact business other than on the (unamended) terms of these Conditions of Sale.

e) The company works as a staffing agency and not as an Event Organiser. Hotshots UK takes no responsibility for any failures of external contracts between the Event Organiser, sponsors, ticket holders or clients.

2) BOOKINGS

a) No booking shall result in a binding contract of sale unless and until the Company has expressly accepted it.

b) The customer will become liable for any costs incurred by the company in processing any bookings that are subsequently cancelled or amended, if the booking has already been organised and confirmed then the customer is liable to pay the total of the original quote.

c) The Company is working as an employment business and is bound by the law in this entity.

3) PRICES

a) Prices in respect of any given booking apply only to the total quantities of Staff and travel rates specified by the Company. Staff rates are calculated on a per person per hour basis and travel is calculated by mileage (if travelled in a car) or travel costs plus travel time (if by train/plane etc). Additional costs incurred by the Company on account of any alteration made at the Customer’s request to quantities, times or location, specifications or otherwise shall be borne by the Customer.

b) All money is invoiced, as contractually agreed.

c) All prices are subject to VAT at the standard rate unless valid grounds for exemption or adjustment are provided in writing prior to the booking.

d) All prices will be charged in Pounds Sterling.

4) TERMS OF PAYMENT

a) The Company reserves the right to require payment in cash on or before any promotion, or on other terms or as stated on the face of the invoice. Subject thereto and to condition 10, payment is due not later than 28 days from date of the promotion as quoted on the invoice without any deduction or set-off. Prompt payment is a condition precedent to further bookings under any order whatsoever, and (without prejudice thereto) the company reserves the right to charge the Customer interest at the rate of 4% per annum above the base rate for the time being of the Bank of England on all or any accounts overdue, such interest accruing on a daily basis and payable without deduction of tax.

b) Any queries relating to hours or rates charged will need to be put in writing to our Accounts Department no later than 14 days from the invoice date. All evidence and material relating to these queries will also need to be received within 14 days of the invoice date.

5) REFUND

a) If a worker proves to be unsatisfactory then the Client must inform The Company within 2 hours of work commencement.

b) The Client must then show that the worker has not worked to a reasonable standard, or that they have not performed as per the promotion brief.

c) The Client should take all reasonable steps to help the worker perform before contacting the Client. This includes giving them guidance, advice and clear instructions.

d) Once the aforesaid sub-sections have been adhered to, The Company will organise for another staff member to replace the unsatisfactory one. The Client will at this stage be able to reject the Companies offer to replace and will not be charged for the work already done.

6) EXTENDED PERIOD OF HIRE

a) The Client may by notice to The Company elect for an extended hire period of the worker (of such length as is agreed and specified in the booking confirmation).

b) The Company will be charged as per the original rate agreement, this to be calculated per staff member on an hourly basis.

7) DELIVERIES- (Promotion Goods only)

a) For all deliveries made to the Customer’s premises the Customer must provide safe and suitable :- i) Access from a public road ii) Bulk storage facilities which also comply with all statutory, local or other requirements, and the Customer will indemnify the Company against all third party claims and / or costs and expenses and any other loss incurred by the Company arising from any failure by the Customer to make such provisions.

b) Delivery dates for products specified by the Company are approximate only and time of delivery shall not be of the essence. Any delay in delivery howsoever caused shall not give rise to any liability on the Company.

c) Where the customer is responsible for collection of goods, the Company will notify the Customer that the goods are available for collection. Any delay over seven days in collection will result in a storage charge being incurred.

8) LOSS OR DAMAGE IN TRANSIT

a) The Company will at its discretion replace free of charge or credit the price of any product which the Customer can establish, was lost or damaged in transit provided that the Customer notifies the Company in writing of such loss or damage within 48 hours of delivery.

b) Where the customer is responsible for collection of goods, a signed collection note will be deemed as acceptance of goods in an acceptable state. Any disputes will be made in writing to the Company within 48 hours.

9) PASSING OF PROPERTY

a) Property in the products shall remain with the Company until such time as the Company has received payment in full of all sums due for all products supplied to the Customer. The Company retains all title to the stock until payment has been received. Provided that the risk of loss or damage to the products shall, subject to condition 6, pass to the Customer upon delivery to the Customer, his or its agent or carrier, at the location to which the Customer has requested the products be delivered or upon collection of the products from the Company by the Customer, his or its agent or carrier.

10) LIABILITY

a) The full extent of the Company’s liability in terms of these conditions shall (other than for death or personal injury resulting from the Company’s negligence) be the replacement or, at the Company’s option, reimbursement of the full purchase price of any product which the Customer shows, to the satisfaction of the Company, as being defective by reason of faulty manufacture or materials. Subject hereto, the liability of the Company is in lieu of and to the exclusion of all other warranties conditions or obligations imposed or implied by statute or otherwise in relation to the quantity or descriptions of the products or fitness for particular purpose, unless specified as such on any product labelling or attendant written instructions provided by the Company, and all liability for any loss or damage arising from the products, whether direct (except as stated in this clause ), indirect or consequential ( however arising ) is hereby expressly excluded.

b) The Company will be entitled to change or modify the specification for any product without incurring any liability whatsoever to the Customer.

c) The Customer shall indemnify the Company against all claims for personal injury, loss or damage to property brought against the Company by third parties or the Customer arising from the delivery, storage or use of the products unless such injury, loss or damage is solely attributable to the negligence of the Company, the Company’s employees or agents.

d) The Customer shall be responsible for compliance with all relevant laws and regulations and for obtaining and maintaining at its expense any necessary authorisations and permits for the storage, transit, sale or use of the products and the Customer shall ensure the products are at all times in such a way as to ensure the safety that a person is entitled to expect from the product or the way in which it is stored.

e) The Client must take all reasonable steps to ensure that all Health and safety regulations are satisfied prior to the Temporary Worker commencing work. The Client must show due diligence to take any precautionary steps to minimise any Health and Safety risks.

11) FORCE MAJEURE

a) The Company shall not be liable for any failure or delay in performance of any contract if and so long as such performance is prevented or hindered by circumstances of any kind whatsoever outside the Company’s direct control.

12) INSOLVENCY OR DEFAULT OF THE CUSTOMER

a) Should the Customer make default in any of his or its obligations hereunder or compound with or execute an assignment or arrangement for the benefit of its creditors or commits any act of bankruptcy, or if any petition or receiving order in bankruptcy is presented or made against him, or being a company suffer any resolution or petition to wind up such company’s business to be passed or presented otherwise than for purposes of a solvent reconstruction or amalgamation, or if a receiver of such company’s undertaking, property or assets or any part thereof is appointed, or should the Company have reasonable cause to believe that any of these events is likely to occur, the Company shall have the right, without prejudice to its other rights and remedies, to enter without prior notice any premises where products owned by it may be to repossess and dispose of the same so as to discharge any sums owed to it by the Customer and to require the Customer not to resell or part with possession of any products owned by the Company until the Customer has discharged all of its liabilities to the Company. In such circumstances, the Company shall, without prejudice to its other rights and remedies, have the right forthwith to determine any and all contracts by summary notice and all amounts payable by the Customer to the Company under any contract whatsoever shall become due and payable immediately.

13) ASSIGNMENT

a) The Customer may not assign his or its rights hereunder in whole or in part without the Company’s prior written consent.

14) NOTICES

a) Any notice given hereunder personally or by post, cable, telex, telegram, facsimile or E-mail to the recipient at its registered or principal office shall be deemed to have been properly served at the time when in the ordinary course of transmission it would reach its destination.

15) ADVERTISING

a) The Customer shall not cause or permit the advertisement or sale under the Company’s name trade marks or descriptions any products which have not been supplied by the Company and in default to indemnify the Company in respect of all costs, claims, damages, penalties or other loss however suffered, made or imposed.

16) CONFIDENTIALITY

a) The Customer shall treat all details, specifications or information it may receive relating to the Company, its employees, its products, patents, formulations, intellectual property, business or affairs as confidential, and shall not disclose the same to any third party without the prior written consent of the Company or the relevant individual(s).

17) TRADING ENTITY

a) Where the purchase consists of two or more parties such expression throughout shall mean and include such two or more parties and each or any of them. All obligations on the part of such Customer shall be deemed to be joint and several obligations of such parties. The Customer shall forthwith notify the Company of any change to the Customer’s name, legal structure or address.

18) VARIANCE

a) These conditions may be varied by an authorised officer of the Company at any time, subject to the requirements of the statute. Notification of any variation by such means as the Company may select, as provided in Clause 12 herein, shall constitute effective notice to the Customer.

19) SERVICE OF DOCUMENTS

a) Service of documents to the Company shall be accepted during normal business hours at its office at The Offices, REAR 29 St Anne’s Road, Newquay, Cornwall, TR7 2SA.

20) GOVERNING LAW

a) These conditions shall be construed and take effect in all aspects in accordance with the laws of England and each party agrees to submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising under these conditions.

Hotshots UK Promotions Ltd terms and conditions of booking