Terms & Conditions
CONTRACT OF SERVICES
- This Contract applies to the provision of the services from 1895 Sports Limited, of 8 Palatine Industrial estate, Warrington. WA4 6QQ (we or us) to Runcorn Linnets FC (you).
- You are deemed to have accepted this Contract with effect from 5th April 2019 and this Contract is the entire agreement between us.
- The length of this Contract of Service shall be 24 months with a 12 month renewable option.
- You acknowledge that you have not relied on any statement, promise or representation made, or given by, or on our behalf. These Conditions apply to the contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- A “business day” means any day other than a Bank Holiday.
- The headings in this Contract are for convenience only and do not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
8. We warrant that we will use reasonable care and skill in our performance of the services which will comply with any quotation, including any specification in all material respects. We can make any changes to the services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
9. We will use our reasonable endeavours to complete the performance of the services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
10. All of these Terms and Conditions apply to the supply of any goods as well as services unless we specify otherwise.
- We will work with Runcorn Linnets FC to promote the club, any events, open days and other occasions through our social media outlets and communications.
- If, and when, you reach a Cup Final we will support you by bearing the cost of any embroidery and printing to the kit for this special occasion. If you wish to produce a special kit, as an alternative for the final, we will manufacture this at cost. This is our commitment to you.
13. You must obtain any permissions, consents, licences , logos, sponsors names or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the services.
14. If you do not comply with clause 13, the performance and delivery may be affected in provision of these services.
15. We are not liable for any delay of failure to provide the services if this is caused by your failure to comply with the provisions of this section (Your obligations).
16. The price list for the supply of all kits can be provided and can be subject to change at the end of the Contract of Service expiry date, ie 24 months and can be negotiated prior to the 12 month option to renew. The prices are subject to the addition of VAT for all adult sized garments and Non-clothing items.
Cancellation and amendment
17. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the services have not started, within a period of 30 days from the date of the quotation, (unless the quotation has been withdrawn).
18. Once an order has been placed and the design accepted, there will be no cancellation period and the cost for manufacture will be met by you.
19. If you wish to amend any details of the services you must tell us immediately. We will use reasonable endeavours to make any required changes and any additional design costs , over and above the original design, will be included in the fees and invoiced to you.
20. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
21. We will invoice you for payment either; a) When we have completed the services; b) On the invoice dates set out in the quotation; or c) As discussed at the outset of any agreed service provision.
22. You must pay the fees due within 14 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
23. Time for payment shall be of the essence of the contract.
24. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 5% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
25. All payments due under this contract must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
26. If you do not pay within the period set out above, we can suspend any further provision of the services and cancel any future services which have been ordered by, or otherwise arranged with, you.
27. Receipts for payment will be issued by us only at your request.
28. All payments must be made in British Pounds unless otherwise agreed in writing between us.
29. All payments to be made by BACS to 1895 Sports Ltd as discussed at the onset of services provided.
Account name: 1895 Sports Ltd Sort Code: 60-20-29 Account number: 43922058
Sub-contracting and assignment
30. You must not, without any prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under this contract. This includes going to another supplier for any match-day kit. Namely; Shorts, Polo, T-shirt, Hoody, ¼ zip top (Midlayer), Full zip top, Tracksuit, Vest, Skinny fit pants, Windbreaker, Shower Jacket.
31. We can terminate the provision of the services immediately if you; a) Commit a material breach of your obligations under these Terms and Conditions; or b) Fail to make pay any amount due under the contract on the due date for payment; or c) Are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order to take advantage of any other statutory provision for the relief of insolvent debtor; or d) Enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or e) Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your Directors or by a qualified floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
32. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the services, this includes design work and artwork. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and Indemnity
33. The total amount of liability is limited to the total amount of fees payable by you under the contract.
34. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the services of the performance of any of our other obligations under these Terms and Conditions or the quotation for; a) Any indirect, special or consequential loss, damage, costs, or expenses; or b) Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or c) Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or d) Any loss caused directly or indirectly by any failure or your breach in relation to your obligations; or e) Any losses arising directly or indirectly from the choice of services and how they will meet your requirements of your use of the services or any goods supplied in connection with the services.
35. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
36. Nothing in this contract shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misinterpretation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party’s control
37. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to; Power failure, Internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the services to be carried out under these Terms and Conditions.
38. All correspondence under this contract must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
39. Correspondence shall be deemed to have been duly given; a) When delivered, if delivered by a courier or other messenger (including registered mail) during the normal business hours of the recipient; b) When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated. c) On the fifth business day following mailing, if mailed by national ordinary mail; or d) On the tenth business day following mailing, if mailed by airmail.
40. All correspondence under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
41. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
42. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
43. These Terms and Conditions are governed by and interpreted according to English Law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.