1.         Interpretation

1.1        In these conditions:

Supplier means Melanie Piggott;

Client means the person named on the Booking Form for whom the Supplier has agreed to provide the Specified Service in accordance with these Terms;

Contract means the contract for the provision of the Specified Service;

Document includes, in addition to any document in writing, any drawing, picture or other image, or any other record of any information in any form;

Input Material means any Documents or other materials and any data or other information provided by the Client, or third parties at the Client’s request, relating to the Specified Service;

Specified Service means the service to be supplied by the Supplier to the Client and to any third parties at the Client’s request and referred to in the Booking Form;

Booking Form means the sheet to which these Terms are appended;

Supplier’s Standard Charges means the charges shown in the Supplier’s brochure, price lists or other published literature relating to the Specified Service from time to time.

2.         Supply of the Specified Service          

2.1        The Supplier shall provide the Specified Service to the Client subject to these Terms.  Any changes or additions to the Specified Service or these Terms must be agreed in Writing by the Supplier and the Client.

2.2        The Client shall supply the Supplier with all Input Material, within sufficient time to enable the Supplier either to provide the Specified Service in accordance with the Contract or to refuse to supply the Specified Service on the grounds that the Input Material discloses a potential health risk arising out of the supply of the Specified Service. The Client shall ensure the accuracy of all Input Material. If all necessary information is not given within 48 hours of the intended supply of the Specified Service, the Supplier reserves the right to cancel the Specified Service, in which case clause 3.4 of these Terms shall apply.

2.3        The Client shall ensure that the Supplier is provided with all necessary access to the premises or site where the Specified Service is to be performed and shall take all necessary steps to ensure that the Specified Service can be performed in a safe and healthy working environment, unhindered by smoke, fumes, children, pets, any potentially dangerous animal, excessive noise and unwarranted interruption.

2.3        The Specified Service shall be provided in accordance with the Booking Form and otherwise in accordance with the Supplier's current brochure or other published literature relating to the Specified Service from time to time, subject to these Terms.

2.4        The Supplier may at any time without notifying the Client make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.

3.         Charges

3.1        Subject to any special terms agreed in the Booking Form, the Client shall pay the Supplier's Standard Charges and any additional sums which are agreed between the Supplier and the Client for the provision of the Specified Service or which, in the Supplier's sole discretion, are required as a result of the Client's instructions or lack of instructions, the inaccuracy of any Input Material or any other cause attributable to the Client.

3.2        All charges quoted to the Client for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.

3.3        The Client shall pay for the Specified Service on the date specified in the Booking Form.

3.4        If the Supplier is unable to perform all or part of the Specified Service for any reason whatsoever outside the Supplier's control including failure by the Client to comply with any of its obligations under the Contract, the Supplier shall nevertheless be entitled to payment of:

a.         the amount of all non-refundable expenses incurred by the Supplier; and
b.         in the event of failure on the part of the Client to comply with any of its obligations, the full cost of the Specified Services contracted.

3.5        In the event that the Specified Service is cancelled by the Client, the Client shall pay a cancellation charge at the rate specified in the Supplier’s Standard Charges.

4.         Warranties and Liability

4.1        The Supplier warrants to the Client that the Specified Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Booking Form and at or within the times referred to therein.  Where the Supplier supplies in connection with the provision of the Specified Service any goods supplied by a third party, the Supplier does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to the Supplier.

4.2        The Supplier shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any provision of the Specified Service based upon Input Material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.

4..3       Except in respect of death or personal injury caused by the Supplier’s negligence, or as expressly provided in these Terms, the Supplier shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service (including any delay in providing or failure to provide the Specified Service ) or their use by the Client, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the amount of the Supplier’s charges for the provision of the Specified Service, except as expressly provided in these Terms.

4.4        The Supplier shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier's obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond the Supplier's reasonable control, including any fault or failure of the Client.

5.         General

5.1        These Terms (together with the terms, if any, set out in the Booking Form) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties.  All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

5.2        If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

5.3        English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.