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1. Karting North East (KNE) will
provide to the client the services specified on the Booking
Form under the Terms and Conditions hereinafter stated.
2. The full cost of the services
shall be as stated on the Booking Form and shall be payable
by the Client to KNE as to a deposit of 50% of the quoted
cost (or otherwise agreed as per booking form) at the date
of this booking, the balance to be paid 1 week prior to the
event (unless a different payment period has been agreed and
specified overleaf ). Interest shall be charged from the invoice
date until payment at base rate of Nat West Bank PLC plus
4% where payment is delayed beyond the date of the event.
3.a. Upon any cancellation of this Booking by the Client
the deposit paid shall be retained by KNE and (if payment
of the balance has not been made pursuant to condition 2 hereof)
the client shall also indemnify KNE in respect of expenses
incurred on behalf of the client to the date of cancellation.
3.b. Upon any cancellation of this
contract by KNE other than due to unsuitable weather for the
provision of the services all sums paid will be refunded but
repayment of such sums shall constitute full and total discharge
of all and any liability of KNE to the Client.
3.c. 1. Upon any cancellation of
the contract by KNE due to adverse weather conditions no payment
will be made from KNE to the Client although KNE will offer
alternative dates where possible.
3.c. 2. the decision of KNE as to weather conditions
shall be final and binding upon the client.
4. a Descriptions of the services
provided in KNE promotional material are intended to give
a general description only of the services , which may differ
in nature on the date that the services are provided.
4. b KNE shall use all reasonable
endeavours to ensure that the services shall be provided at
the location or locations specified on the Booking form but
may if circumstances beyond the control of KNE that prevent
the use of such location substitute another location thereof.
4. c. KNE reserves the right to
modify the services in accordance with sub-paragraphs (A)
or (B) or otherwise.
5. KNE shall arrange for or procure
Public Liability in respect of itself, its servants or agents
against accident to a maximum of two million pounds. "No
blame" personal injury cover is included with limited
benefits details of which can be provided on request.
6.a. When in these terms KNE excludes
or restricts its liability in respect of any loss, damages,
expense or injury, KNE does not intend thereby to exclude
or restrict liability for death or personal injury resulting
from its own negligence or that of its directors, employees,
sub-contractors or agents. Where KNE excludes or restricts
its liability in respect of any loss, damage, expense and
injury other than that arising as a result of death or personal
injury, if and so far as KNE be proved to have been negligent
or in breach of contract, then KNE shall be liable to pay
compensation to the Client in respect of such loss (if any)
as the Client may prove to have been incurred by the Client
as a direct result of such negligence or breach of contract,
but in no circumstances whatsoever (subject to the foregoing
in relation to death and personal injury) shall such compensation
exceed the contract price.
6.b. except as before mentioned
in sub-clause (A) hereof on no account shall KNE be in any
way liable for any damage, loss, expense or injury directly
or indirectly caused to any property, person, firm or corporation,
in and arising out of or in consequence of the supply of the
service.
7. The Client shall at all times
keep KNE , its directors, employees and agents indemnified
against all actions, proceedings, costs, charges, claims,
expenses and demands whatsoever which may be made or brought
against KNE, its directors, employees and agents by any third
party in respect of any injury, loss or damage or expense
howsoever or whensoever arising, which is a result of or arising
out of the supply of any Service under this Booking unless
such injury, loss, damage or expense is caused wholly or in
part by the negligence of KNE.
8. In this Booking the expression
"the Client" shall mean the person or persons signing
the Booking Form and such person or persons shall be personally
responsible and liable in accordance with the terms of the
Booking for the acts of all persons attending at the premises.
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