GG’s Garden Bar Terms and Conditions

 

The Customer's attention is particularly drawn to the provisions of clause 12 (Limitation of liability).

 

1.    Interpretation

The following definitions apply to the Contract.

1.1    Definitions: 

    Booking Fee: the non-refundable fee so expressed in the Booking Form.

    Booking Form: the Supplier’s quotation for the hire of the Garden Bar and (if applicable) the supply of Goods and/or Services, as accepted by the Customer. 

    Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

    Commencement Date: has the meaning given in clause 2.2.

    Conditions: these terms and conditions as amended from time to time in accordance with clause 17.8. 

    Contract: the Booking Form and these Conditions which together form the contract between the Supplier and the Customer for the supply of the Garden Bar and (if any) the Goods and/or Services. In the event of any conflict between the Booking Form and these Conditions, the terms of the Booking Form will prevail.

    Customer: the person or firm who hires the Garden Bar and (if applicable) purchases the Goods and/or Services from the Supplier and who (if an individual) must be over the age of 18. 

    Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).

    Delivery: the delivery of the Garden Bar and any Goods to the Delivery Location.

    Delivery Date: the date of Delivery, as expressed in the Booking Form.

    Delivery Location: has the meaning given in clause 4.2.

    Deposit: the deposit sum (if any) referred to in the Booking Form.

    Force Majeure Event: has the meaning given to it in clause 16.

   Garden Bar: GG’s Garden Bar horse box and all equipment and fixtures and fittings contained in or supplied with it.

    Goods: the goods (or any part of them) set out in the Booking Form. 

    Hire Period: the period during which the Garden Bar is at the Delivery Location.

    Services: the services supplied by the Supplier to the Customer as set out in the Booking Form. 

    Supplier: GG’s Garden Bar.

    UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.]

 

2.    Basis of contract

2.1    The Booking Form constitutes an offer by the Customer to:

(a)    hire the Garden Bar

(b)    (if applicable) purchase the Services; and

(c)    (if applicable) purchase the Goods. 

2.2    The Customer shall not, other than in the exercise of its rights under the Contract or applicable law, interfere with the Supplier’s quiet possession of the Garden Bar.

2.3    The Contract shall come into existence on the date when the Booking Form is accepted by the Customer (Commencement Date).

2.4    Any samples, drawings, descriptive matter or advertising issued by the Supplier and any descriptions or illustrations of the Garden Bar contained in the Supplier's promotional material are issued or published for the sole purpose of giving an approximate idea of the Garden Bar. They shall not form part of the Contract or have any contractual force.

2.5    These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.6    Any quotation given by the Supplier shall not constitute an offer and is only valid for a period of 20 Business Days from its date of issue.

2.7    All of these Conditions shall apply to the supply of both the Garden Bar and the Goods except where application to one or the other is specified.

 

3.    Garden Bar

3.1    The Customer shall procure that it is present at the Delivery of the Garden Bar. Acceptance of Delivery by such representative shall constitute conclusive evidence that the Customer has examined the Garden Bar and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended. If required by the Supplier, the Customer's duly authorised representative shall sign a receipt confirming such acceptance.

3.2    To facilitate Delivery, the Customer shall:

(a)     provide all requisite access, facilities and suitable working conditions to enable Delivery to be carried out safely and expeditiously 

(b)    allow at least two hours for Delivery to be completed. 

(c)    Provide a 13 amp power supply to which the Garden Bar can be connected

(d)    Ensure that the Garden Bar can be accommodated in the Delivery Location on the basis of proportions of 2m 54cm height, 2m 88cm length (extra 1m 50cm for tow hitch and tailgate ramp) and 1m 54cm width.

3.3    Delivery to a Delivery Location that is less than 50 miles travel from Wallingford, Oxfordshire will be made at no extra charge. Delivery to a Delivery Location that is more than 50 miles from Wallingford will be charged at 45 pence per mile.

 

4.    Goods

4.1    Provision of the Goods is ancillary to provision of the Garden Bar and the Goods (if any) are as described in the Booking Form. 

4.2    If the Goods are not available for the Delivery Date, the Supplier will use reasonable endeavours to source an alternative which you will be under no obligation to accept.

 

5.    Supply of Services

5.1    The Supplier shall supply the Services to the Customer in accordance with the Booking Form in all material respects. 

5.2    The Supplier reserves the right to amend the Booking Form insofar as it relates to the Services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.

5.3    The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill. 

 

6.    Delivery of Garden Bar and Goods

6.1    The Supplier shall deliver the Garden Bar and any Goods to the location set out in the Booking Form (Delivery Location) on the Delivery Date set out in the Booking Form.

6.2    Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location.

6.3    The Supplier shall not be liable for any delay in delivery of the Garden Bar and any Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Garden Bar and any Goods.

 

7.    Quality of Goods

7.1    Due to the sealed nature of the goods, the Customer acknowledges that the Supplier will not have an opportunity to ascertain the quality of the goods prior to delivery and cannot warrant their fitness for purpose. 

7.2    If after delivery the Customer ascertains that the goods are not fit for purpose, the Customer will not be required to pay for the defective goods, subject to the Customer having retained both the goods and packaging and provided them to the Supplier within a reasonable time of the claim for a refund (such reasonable time to be no later than the time of collection of the bar)

7.3    The Supplier shall not be liable to refund the goods if the Customer makes any further use of such Goods after discovering that they are defective.

7.4    Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.

 

8.    Title and risk

8.1    The Garden Bar shall at all times remain the property of the Supplier, and the Customer shall have no right, title or interest in or to the Garden Bar (save the right to use of the Garden Bar strictly subject to the terms and conditions of the Contract).

8.2    The risk in the Goods shall pass to the Customer on completion of delivery.

8.3    Title to the Goods shall not pass to the Customer until (a) the packaging on the Goods or the external appearance of the Goods is damaged or (b) the seal on the Goods has been broken. 

8.4    Until title to the Goods has passed to the Customer, the Customer shall:  

(a)    store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property;  

(b)    not remove or deface any labels or other packaging on the goods or obscure any identifying mark or packaging on or relating to the Goods;

(c)    maintain the Goods in satisfactory condition 

8.5    Failure to comply with the obligations in clause 8.4 will result in the title to the Goods passing to the Customer and the Customer will be liable to pay for the Goods.

 

9.    Customer's obligations 

9.1    The Customer shall during the term of hire of the Garden Bar:

(a)    ensure that the terms of the Booking Form and any separate specification of the Goods are complete and accurate

(b)    ensure that the Garden Bar is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by competent persons over the age of 18 in accordance with any operating instructions provided by the Supplier;

(c)    take such steps (including compliance with all safety and usage instructions provided by the Supplier) as may be necessary to ensure, so far as is reasonably practicable, that the Garden Bar is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;

(d)    maintain at its own expense the Garden Bar in good and substantial repair and make no alteration to the Garden Bar or remove any existing component(s) from the Garden Bar;

(e)    keep the Supplier fully informed of all material matters relating to the Garden Bar;

(f)    keep the Garden Bar at all times at the Delivery Location and shall not move or attempt to move the Garden Bar or any part to any other location;

(g)    not use the Garden Bar for any unlawful purpose;

(h)    ensure that access to the Garden Bar is available to enable the Supplier to collect it at the end of the Hire Period or on earlier termination of the Contract.

9.2    The Customer acknowledges that the Supplier shall not be responsible for any loss of or damage to the Garden Bar arising out of or in connection with any negligence, misuse, mishandling of the Garden Bar or otherwise caused by the Customer or its agents and the Customer undertakes to indemnify the Supplier on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of the Contract.

9.3    If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

(a)    without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;

(b)    the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 9.3; and

(c)    the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

 

10.    Charges and payment

10.1    The price for hire of the Garden Bar and for the Goods (if any) shall be the price set out in the Booking Form (“Price”), subject to the provisions of clause 10.3. The Price includes the Booking Fee, which must be paid by the Customer on acceptance of the Booking Form. 

10.2    The charges for Services shall be the charges set out in the Booking Form (“Service Charge”). 

10.3    The Supplier reserves the right to increase the Price and/or the Service Charge, by giving notice to the Customer at any time before delivery, to reflect any increase in the cost of the Goods to the Supplier that is due to:

(a)    any factor beyond the control of the Supplier (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);

(b)    any request by the Customer to change the Delivery Date, quantities or types of Goods ordered; or

(c)    any delay caused by any instructions of the Customer in respect of the Goods or failure of the Customer to give the Supplier adequate or accurate information or instructions in respect of the Goods.

10.4    In respect of Goods, the Supplier shall invoice the Customer on or at any time after completion of delivery. In respect of Services, the Supplier shall invoice the Customer on completion of the Services. 

10.5    The Customer shall pay each invoice submitted by the Supplier:

(a)    within 30 days of the date of the invoice (unless the invoice includes the hire of the Garden Bar, in which case clause 10.5(b) applies); 

(b)    in respect of any invoice for the hire of the Garden Bar, no less than 28 days before the Delivery Date; and

(c)    in full and in cleared funds to a bank account nominated in writing by the Supplier, and

time for payment shall be of the essence of the Contract.

10.6    All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Garden Bar, Goods or Services at the same time as payment is due for the supply of the Garden Bar, Goods or Services.

10.7    If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier's remedies under clause 13 (Termination), the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 10.7 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

10.8    All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

10.9    The Deposit is a deposit against default by the Customer of payment of sums due in accordance with the Booking Form or any loss of or damage caused to the Garden Bar. It is payable by the Customer on the Commencement Date. If the Customer fails pay any of the sums due under the Booking Form or causes any loss or damage to the Garden Bar, the Supplier shall be entitled to apply the Deposit against such default, loss or damage. The Customer shall pay to the Supplier any sums deducted from the Deposit within ten (10) Business Days of a demand for the same. The Deposit (or balance thereof) shall be refundable within five (5) Business Days of the end of the Hire Period.

 

11.    Data protection 

11.1    Unless the context otherwise requires, words and phrases in this clause 11 shall have the meaning given to them by the Data Protection Legislation. This clause 11 should be read in conjunction with the Supplier’s Privacy Statement, which can be accessed on its website.

11.2    Each party warrants to the other that it has complied with and undertakes to continue to comply with the Data Protection Legislation at all times.

11.3    In the course of the Contract the Supplier may process on behalf of the Customer any personal data that the Customer has provided to the Supplier ("Personal Data") for the purposes of the Contract.

11.4    The Customer warrants that where necessary the Customer will have obtained the appropriate consent from all data subjects whose Personal Data is shared with the Supplier pursuant to the Contract, or that the Customer is otherwise lawfully entitled to share such Personal Data.

11.5    With respect to any Personal Data processed pursuant to the Contract by the Supplier on behalf of the Customer, the Supplier shall only process the Personal Data for the purposes of the Contract and as soon as reasonably practicable following termination or expiry of the Contract, the Supplier will delete all Personal Data processed pursuant to the Contract, other than to the extent that the Supplier retains Personal Data to comply with its legal and professional obligations or that the Supplier is otherwise permitted to do so under the Data Protection Legislation.

11.6    Any Personal Data supplied by the Customer to the Supplier about any third parties may only be used for the express purposes for which that information is provided.

 

12.    Limitation of liability: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

12.1    The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £10,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.

12.2    Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a)    death or personal injury caused by negligence;

(b)    fraud or fraudulent misrepresentation; and

(c)    breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

12.3    Subject to clause 13.2, the Supplier's total liability to the Customer shall not exceed the total value of the Booking Form. The Supplier's total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract. 

12.4    The Supplier has given commitments as to compliance of the Goods and Services with relevant specifications in clause 7 and clause 5. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

12.5    Unless the Customer notifies the Supplier that it intends to make a claim in respect of an event within the notice period, the Supplier shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire six months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

12.6    This clause 12 shall survive termination of the Contract.

 

13.    Termination

13.1    Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party not less than 10 business days’ written notice, subject to the following conditions:

(a)    If the Customer terminates the Contract less than 20 business days before the Delivery Date, any Service Charge will be payable in full and the Booking Fee will not be refunded; and 

(b)    If the Supplier terminates the Contract at any time after the Commencement Date, the Booking Fee and any Deposit will be refunded.

13.2    Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if the other party commits a material breach of its obligations under the Contract and (if such breach is remediable) fails to remedy that breach within 14 days after receipt of notice in writing to do so;

13.3    Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.

 

14.    Consequences of termination

14.1    On termination of the Contract:  

(a)    the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest and, in respect of any matters in the Contract for which payment is due but no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;

(b)    the Customer shall return all of the Goods which have not been fully paid for. If the Customer fails to do so, then the Supplier may enter the Customer's premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract.

14.2    Termination or expiry of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

14.3    Any provision of the Contract that expressly or by implication is intended to have effect after termination or expiry shall continue in full force and effect.

 

15.    Force majeure

Neither party shall be in breach of the Contract nor liable for delay in performing or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control (a Force Majeure Event).

 

16.    General

 

16.1    Assignment and other dealings

(a)    The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

(b)    The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the Supplier.

 

16.2    Notices.

(a)    Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

(i)    delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

(ii)    sent by email to the address specified in the Booking Form.

(b)    Any notice shall be deemed to have been received:

(i)    if delivered by hand, on signature of a delivery receipt; 

(ii)    if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; and

(iii)    if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 17.2(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

(c)    This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

 

16.3    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.

 

16.4    Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy. 

 

16.5    No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

 

16.6    Entire agreement. 

(a)    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.

(b)    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 misrepresentation based on any statement in the Contract.

(c)    Nothing in this clause shall limit or exclude any liability for fraud.

 

16.7    Third parties rights. 

(a)    Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

(b)    The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.]

 

16.8    Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).

 

16.9    Governing law. 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.

 

16.10    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.

 

 

v1 January 2019