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TERMS AND CONDITIONS
By accepting the quote, and making payment you have accordingly agreed to the below terms and conditions. Please read through carefully.
- PAYMENT TERMS
50 % of the quoted amount is required in order to confirm the event and proof of payment to be emailed to: email@example.com, unless other terms are agreed to in writing by both parties. Balance of the quoted amount is due and payable within 7 days prior to the event taking place. Any additional costs incurred will be billed separately and is payable within 3 working days.
- QUANTITY SERVED
2.1 Due to the nature of our business and our priority in constantly ensuring that we only provide the best and freshest stock, we are unable to credit the amount of servings after an event if not all of the servings were used.
2.2 With regard to numbers quoted on, we rely heavily on guidance from you, our client. Should the number quoted and charged for not be consumed, we are unable to perform any credits as stock has been pre–purchased specifically for your event.
2.3 Although we are unable to credit you, we are happy to either leave the additional stock that was purchased with you, or deliver it to one of the charities that we support. Should you chose to give the remaining stock to a charity, we will ensure that they are aware from whom it comes and provide you with proof that it was delivered to and received by the named charity.
2.4 We provide a 10% “over cater” for any event. Should the original number which we quoted appear to be insufficient for your event, a member of The OH Agency staff will contact you to inform you of number served. Should you subsequently instruct us to continue serving, we will be happy to assist and invoice you after the event for these additional servings. Should you instruct us to stop serving at the original quoted number, we will also be happy to do so.
- CANCELLATION TERMS
3.1 Any cancellation made 30 days or less prior to an event will result in the client being liable for payment of a cancellation fee of 50% of the value of the confirmed quote.
3.2 Should the event take place where travel plans have been arranged and costs have been incurred, client will also be liable for payment of the full costs so incurred, irrespective of when the cancellation occurs, and inclusive of the payment of penalty / cancellation fees.
3.3 Any branded elements that have already been sent to print will be fully charged for.
3.4 Any Event that is unable to take place due to unforeseen circumstance will sill be charged for any and all and any deposits will not be refunded.
3.5 The Oh Agency reserves the right to cancel any confirmed event deemed necessary, and is not liable for any refunds on deposits paid.
- BREAKAGES AND DAMAGES
The client is liable for any breakages or damages arising from, or by any cause whatsoever, to glassware/crockery/equipment/bars and or electrical equipment etc. used during the duration of your event and hereby warrants that it has checked and verified that the previously mentioned items are in working order and are not broken or damaged in any respects, prior to the use thereof by the client.
5.1 In order for us to successfully be able to assist with your event, you will need to ensure the supply and availability of electricity. Should this not be available it is the client’s responsibility to inform The OH Agency timeously in order for us to suggest/supply you with alternative options.
5.2 Some of our machines draw a lot of electricity, depending on what type of bar activation we are providing doing for your event and, therefore, you will need to ensure that we are able to draw the required ampage from electrical points supplied. The OH Agency will not be held responsible for any damage caused as a result of electrical surges, or for any damage arising as a result of the supply of the incorrect amapage.
5.3 Access to kitchen facilities/running water is not a must have, but can be useful and assist in the smooth and successful running of your event.
5.4 We require parking as close as possible to the entrance/setup area for the event in order to offload our equipment and bars. Any parking/special access required will need to be arranged prior to the event. Should this has not have been done resulting in and causes The OH Agency to run late in away with regard to your event, The OH Agency will not be held liable.
6.1 We offer branding solutions for your events. We require finalised artwork 7 full working days prior to your event and client to sign off artwork.
6.2 We also require the correct pantones for all artwork. If we do not receive this we cannot take responsibility for incorrect final results.
6.3 Branded perspex remains the property of The OH Agency, should the client wish to keep the branded perspex, a fee will be charged.
- TRAVEL & ACCOMMODATION
The client is liable for our accommodation and travel costs should your event be outside of central city areas in Johannesburg, Durban and Cape Town.
This agreement shall commence on the Commencement Date as set out in the invoice and shall terminate at the end of the day on which the service and products were supplied.
Ownership in and to all intellectual property rights, including the rights in and to the Trademarks shall at all times before, during and after the termination of this agreement remain vested in The OH Agency.
It is hereby warranted that:
10.1 The client has read, appreciated and accepted all of the terms and conditions set out herein and those as recorded on the quotation.
- RELATIONSHIP BETWEEN PARTIES
Nothing in this agreement shall constitute or be deemed to constitute a partnership between the parties hereto or constitute the client as an agent or representative of The OH Agency for any other purpose whatsoever.
- LIMITATION OF LIABILITY
Neither The OH Agency nor any of its employees or agents or representatives shall be liable for any losses, whether direct, indirect, or consequential, should the services, goods and products not meet the specification required or be affected by any act of God our outside source.
13.1 Should the client breach any of its obligations in terms hereof and persist in such breach, then The Oh Agency shall be entitled without prejudice to any rights which it may have in terms hereof or at law, to:
13.1.1 Specific performance and damages; or
13.1.2 Cancel this agreement and claim damages.
13.2 Any amount falling due for payment by any party in terms of this agreement and remaining unpaid after due date, shall bear interest thereon at the prime rate between the due date for payment and the date of payment thereof.
- ADDRESSES AND NOTICES
14.1 For the purpose of this agreement, including the giving of notices in terms hereof and the serving of legal process, the parties choose domicilium citandi et executandi (“domicilium”) as follows:
14.1.1 The Supplier at: The OH Agency, 299 Marlborough Road, Lombardy East, Johannesburg.
14.1.2 The Client at: the address as recorded on the quotation/invoice
14.2 A party may at any time change its domicilium by notice in writing, provided that the new domicilium consists of, or includes, a physical address at which process can be served.
14.3 Any notice given in connection with this agreement may be delivered by hand, or be sent by prepaid registered post, to the domicilium chosen by the party concerned. Any notice or process delivered on any party in connection with any matter or subject arising out of this agreement or any notice shall be deemed to have been delivered if handed to any responsible person at the domicilium chosen by any party and it shall not be necessary to hand such process or notice to any party personally.
14.4 A notice given as set out above shall be presumed to have been duly delivered:
14.4.1 on the date of delivery if delivered by hand;
14.4.2 on the 4th (fourth) day from the date of posting including the date of posting if posted by pre-paid registered post from within the Republic of South Africa; and
14.4.3 on the 14th (fourteenth) day from the date of posting including the date of posting if posted from outside the Republic of South Africa.
If any term or provision or part thereof (in this clause called “the offending provision”) contained in this agreement shall for any reason whatsoever be declared or become unenforceable, invalid, or illegal including but without derogating from the generality of the foregoing, a decision by any court, an Act of Parliament or any statutory or other by laws or regulations or any other requirements having the force of law, the other terms and provisions of this agreement shall remain in full force and effect as if this agreement had been executed without the offending provision appearing therein.
- ENTIRE AGREEMENT
This agreement , which agreement also includes the signed off quotation, constitutes the entire agreement between the parties with regard to the matters dealt with herein and no representations, terms, conditions or warranties express or implied not contained in this agreement shall be binding on the parties.
- VARIATION AND CANCELLATION
No agreement varying, adding to, deleting from or cancelling this agreement shall be effective unless reduced to writing and signed by or on behalf of both parties. It is recorded that there exists no collateral and/or other agreements and that this is the sole agreement entered into by and between the parties.
No indulgence granted by a party shall constitute a waiver of any of that party’s rights under this agreement and accordingly, that party shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.
- COSTS AND JURISDICTION
19.1 The client will be liable for costs on a scale as between attorney and client in the event of The OH Agency having to institute action from any cause arising from this agreement / quotation.
19.2 The parties consent to the jurisdiction of the Magistrate’s Court (District and Regional) in relation to any cause of action that may arise from this agreement.
19.3 Client may be subjected to additional incured costs over and above the quoted amount based on their requirements. Such as addional design work, travel and unspecified actions.