Terms and Conditions
Terms & Conditions
This Contract is made between Compass Contract Services (U.K) Limited, trading as Leith’ at the EICC, registered in England and Wales with company number 02114954 (the “Supplier”), and the Customer.
The following definitions and rules of interpretation apply in this Contract.
“Charges” means the price for the Goods which shall be calculated on the basis of the Goods detailed in the Order and the current price list for the Goods as applicable at the time or placing the Order or made available by the Supplier to the Customer, as the case may be;
“Commencement Date” has the meaning given to it in Clause 2.2;
“Contract” means this contract between the Supplier and the Customer for the supply of Goods which is comprised of these terms and conditions and the Order;
“Customer” means the person or firm who purchases the Goods from the Supplier as detailed in the Order;
“Data Protection Legislation” means up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998;
“Deposit” means the deposit amount set out in the Order;
“GDPR” means General Data Protection Regulation ((EU) 2016/679);
“Goods” means the goods to be supplied by the Supplier to the Customer as more particularly described in the Order;
“Hired Equipment” means any equipment to be hired by the Supplier to the Customer pursuant to the details contained in the Order;
“Order” means the Customer’s order for the supply of the Goods, as set out which shall include the Customer’s proposed Payment Card; and
“Payment Card” means the credit or debit card (as detailed in the Order) which the Customer agrees to be charged in accordance with Clause 6 to pay for the Goods.
“Purse” Means your online purse. After charged payment card. Order can be redeemed against.
1.1.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.1.2. A reference to a party includes its personal representatives, successors and permitted assigns.
1.1.3. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.1.4. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.1.5. A reference to writing or written includes email.
2. Basis of Contract
2.1. The Order constitutes an offer by the Customer to purchase Goods in accordance with this Contract.
2.2. The Order shall only be deemed to be accepted when the Supplier issues written acceptance of the Order at which point and on which date the Contract shall come into existence (the “Commencement Date”).These terms and 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.
2.3. Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of  days from its date of issue.
3. Goods & Hired Equipment
3.1. The Supplier shall use reasonable endeavours to supply the Goods ordered but reserves the right to substitute the Goods with items of equal suitability.
4. Hired Equipment
4.1. If the Order includes the provision of Hired Equipment, the Customer shall:
4.1.1. pay the Deposit; and
4.1.2. be liable for the full replacement cost of any hired equipment in the event of damage, loss or destruction of the Hired Equipment, the cost of which may be partly or wholly recovered from any Deposit.
4.2. The Customer acknowledges that the Supplier shall not be responsible for any loss of or damage to the Hired Equipment or any personnel or property arising out of or in connection with any negligence, misuse, mishandling of the Hired Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors.
4.3. Provided that the Customer returns the Hired Equipment in good and undamaged condition at the end of this Contract, the Supplier shall refund the Deposit.
5. Delivery of Goods
5.1. The Supplier shall deliver the Goods to the location at the time (if any), set out in the Order or to such other location, and at such other time (if any) as the parties may agree.
5.2. The Supplier shall use reasonable endeavours to deliver the Goods in accordance with the details contained within the Order, however any times for delivery are approximate only, and the time of delivery is not of the essence.
5.3. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by events outside the reasonable control of the Supplier or due to the Customer’s failure to provide an authorised representative to take delivery of the Goods.
5.4. In the event that the Customer does not provide an authorised representative to take delivery of the Goods, the Supplier shall return the Goods to its premises from where the Customer will be entitled to collect them. The Supplier shall be entitled to dispose of the Goods without liability to the Customer on the earlier of the Goods being required to be disposed of in accordance with the Supplier’s health and safety procedures, or 5pm on the day delivery was due to take place.
6. Charges and Payment
6.1. The Customer shall pay the Charges for the Goods and, where applicable, the Deposit for the Hired Equipment.
6.2. Payment is accepted by: [Visa / Visa Debit / MasterCard / American Express].
6.3. The Payment Card provided at the time of placing an Order shall be charged upon acceptance of the Order by the Supplier (for the avoidance of doubt this will be before dispatch of the Goods).
6.4. Time for payment shall be of the essence of the Contract.
7. Limitation of Liability
7.1. Nothing in the Contract limits any liability which cannot legally be limited for:
7.1.1. death or personal injury caused by negligence;
7.1.2. fraud or fraudulent misrepresentation; and
7.1.3. 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).
7.2. The Supplier shall not be liable to the Customer for any indirect, special or consequential damage or loss suffered or incurred by the Customer and for the purposes of this Contract indirect, special or consequential damage or loss will include, but not be limited to, economic loss, or damage to or loss of business, profits, interest, revenue, anticipated, savings, or goodwill.
7.3. The Supplier does not accept liability for loss or damage to any object, equipment, furniture, stock or other property of any sort brought onto the premises by the Customer or hired by the Supplier on the Customer’s behalf howsoever such loss or damage may occur unless as a direct result of the Supplier’s negligence. All such property will remain under the care and control of the Customer and is entirely at the Customer’s own risk.
7.4. Subject to Clauses 7.1, 7.2, and 7.3, the Supplier’s total liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall not exceed a sum equivalent to the Charges paid or payable under the Contract.
8. Cancellation by the Supplier
8.1. The Supplier may cancel the supply of the Goods and forthwith terminate this Contract if:
8.1.1. the Supplier is unable to take payment of the Charges and/or the Deposit, where applicable, in accordance with Clause 6; or
8.1.2. the Customer is in breach of the Contract and fails to rectify such breach within 48 hours of a request, whether made orally or in writing, by the Company to do so.
9. Cancellation by the Customer
9.1. Subject to Clause 9.2, an Order shall only be deemed to be cancelled by notifying you assigned catering event planner by email.
9.2. Where the Customer cancels the delivery of the Goods, the Customer shall pay to the Supplier the following charges where cancellation is:
9.2.1. over 96 hours before delivery is due in accordance with the Hired Equipment Order: no cancellation charge, and the Supplier shall refund the Charges, if any, already paid, and, where applicable, the Deposit;
9.2.2. less than 96 hours before delivery is due in accordance with the Order: 100% of the Charges, and, where applicable, the Deposit shall only be refunded upon return, in a good and undamaged condition, of the Hired Equipment
9.2.3. over 72 hours before delivery is due in accordance with the Order: 10% cancellation charge of total Order value, and the Supplier shall refund the 90% Charges to Payment Card, if any, already paid, and, where applicable, the Deposit;
9.2.4. less than 72 hours before delivery is due in accordance with the Order: 100% of the Charges, and, where applicable, the Deposit shall be credited to Purse, and can be redeemed on future Commencement Dates.
10.1. 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:
10.1.1. the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
10.1.2. the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
10.1.3. the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
11.1. Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
11.2. Both parties shall comply with all applicable laws (including the Bribery Act 2010 and the Data Protection Legislation) in complying with this Contract.
11.3. The Supplier shall not 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.
11.4. Neither party shall 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.
11.5. 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.
11.6. 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.
11.7. 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. 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 based on any statement in the Contract.
11.8. 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.
11.9. No variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
11.10. 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 Scotland.
11.11. Each party irrevocably agrees that the courts of Scotland 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.
11.12. Any provision of this Contract that expressly or by implication is intended to come into or continue in force on or after termination of this Contract shall remain in full force and effect.
11.13. You agree to Leith’s Ltd contacting you, in regards to your order.