{"id":1845,"date":"2014-08-12T13:37:24","date_gmt":"2014-08-12T13:37:24","guid":{"rendered":"http:\/\/barmotion.co.za\/?page_id=1845"},"modified":"2015-06-17T09:08:30","modified_gmt":"2015-06-17T09:08:30","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/barmotion.co.za\/b\/terms-conditions\/","title":{"rendered":"Terms & Conditions"},"content":{"rendered":"

1. PAYMENT TERMS<\/strong><\/p>\n

50 % of the quoted amount is required in order to confirm the event with a signed copy of the quotation and proof of payment to be faxed or emailed to: 011 388 8955 \/ info@barmotion.co.za, unless other terms are agreed to in writing by both parties. Balance of the quoted amount is due and payable within 7 days of the completed date of the event. The balance outstanding may differ to the original signed quote due to numbers \/ servings increasing taking into account the \u201cquantity served\u201d below.<\/p><\/blockquote>\n

<\/br>
\n2. QUANTITY SERVED<\/strong><\/p>\n

2.1\tDue 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.
\n2.2\tWith regards 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.
\n2.3 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.
\n2.4 We provide a 10% \u201cover cater\u201d for any event. Should the original number which we quoted appear to be insufficient for your event, a member of the Bar Motion 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. <\/p><\/blockquote>\n

<\/br>
\n3. CANCELLATION TERMS<\/strong><\/p>\n

3.1 Any cancelation made 3 days or less prior to an event will result in the client being liable for and owing a cancellation fee of 50% of the value of the confirmed quote. Any cancelation made 10 – 4 days or less prior to an event will result in the client being liable for and owing a cancellation fee of 25% of the value of the confirmed quote.
\n3.2 Should the event take place where travel plans have been arranged and costs have been incurred, client will also be liable for and owe the full costs so incurred, irrespective of when the cancellation occurs, inclusive of the payment of penalty \/ cancellation fees.
\n3.3 Any branded elements that have already been sent to print will be fully charged for.\n <\/p><\/blockquote>\n

<\/br>
\n4. BREAKAGES AND DAMAGES<\/strong><\/p>\n

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 warrants that it has checked and verified 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.<\/p><\/blockquote>\n

<\/br>
\n5. REQUIREMENTS<\/strong><\/p>\n

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\u2019s responsibility to inform Bar Motion timeously in order for us to suggest \/ supply you with alternative options.
\n5.2\tSome of our machines draw a lot of electricity, depending on what bar we are doing for your event, and therefore you will need to ensure that we are able to draw the required ampage from electrical points supplied. Bar Motion 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.
\n5.3\tAccess 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.
\n5.4\tWe require parking as close as possible to the entrance \/ setup area for the event in order to off load our equipment and bars. Any parking\/ special access required will need to be arranged prior to the event, if this has not been done and causes Bar Motion to run late in away with regards to your event, Bar Motion will not be held liable.<\/p><\/blockquote>\n

<\/br>
\n6.\tBRANDING<\/strong><\/p>\n

6.1\tWe offer branding solutions for your events. We require finalised artwork 7 full working days prior to your event and client to sign off artwork.
\n6.2\tWe also require the correct pantones for all artwork. If we do not receive this we cannot take responsibility for incorrect final results.
\n6.3\tBranded perspex remains the property of Barmotion, should the client wish to keep the branded perspex, a fee will be charged.<\/p><\/blockquote>\n

<\/br>
\n7.\tTRAVEL & ACCOMMODATION<\/strong><\/p>\n

The client is liable for our accommodation and travel costs should your event be outside of central Johannesburg and Cape Town.<\/p><\/blockquote>\n

<\/br>
\n8.\tDURATION<\/strong><\/p>\n

\tThis 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.<\/p><\/blockquote>\n

<\/br>
\n9.\tOWNERSHIP<\/strong><\/p>\n

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 Bar Motion. <\/p><\/blockquote>\n

<\/br>
\n10.\tWARRANTIES<\/strong><\/p>\n

It is hereby warranted that:
\n10.1\tThe client has read, appreciated and accepted all of the terms and conditions set out herein and those as recorded on the quotation.\t<\/p><\/blockquote>\n


\n11.\tRELATIONSHIP BETWEEN PARTIES<\/strong><\/p>\n

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 Bar Motion for any other purpose whatsoever. <\/p><\/blockquote>\n

<\/br>
\n12.\tLIMITATION OF LIABILITY<\/strong><\/p>\n

Neither Bar Motion 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. <\/p><\/blockquote>\n

<\/br>
\n13.\tBREACH<\/strong><\/p>\n

13.1\tShould the client breach any of its obligations in terms hereof and persist in such breach for a period of 7 (seven) days after written notice will have been received from the other party, then the aggrieved party shall be entitled without prejudice to any rights which it may have in terms hereof or at law, to:
\n13.1.1\tSpecific performance and damages; or
\n13.1.2\tCancel this agreement and claim damages.
\n13.2\tAny 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 thereof and the date of payment thereof.<\/p><\/blockquote>\n

<\/br>
\n14.\tADDRESSES AND NOTICES<\/strong><\/p>\n

14.1\tFor 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:
\n\t14.1.1\tThe Supplier at: Bar Motion, 1 Samuel Avenue, Dunvegan, Edenvale.
\n\t14.1.2\tThe Client at: The address as recorded on the quotation \/ invoice
\n14.2\tA 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.
\n14.3\tAny 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.
\n14.4\tA notice given as set out above shall be presumed to have been duly delivered:
\n14.4.1\ton the date of delivery if delivered by hand;
\n14.4.2\ton 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
\n14.4.3\tOn the 14th (fourteenth) day from the date of posting including the date of posting if posted from outside the Republic of South Africa.<\/p><\/blockquote>\n

<\/br>
\n15.\tSEVERABILITY<\/strong><\/p>\n

\tIf 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.<\/p><\/blockquote>\n

<\/br>
\n16.\tENTIRE AGREEMENT<\/strong><\/p>\n

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. <\/p><\/blockquote>\n

<\/br>
\n17.\tVARIATION AND CANCELLATION<\/strong><\/p>\n

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.<\/p><\/blockquote>\n

<\/br>
\n18.\tINDULGENCES<\/strong><\/p>\n

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.<\/p><\/blockquote>\n

<\/br>
\n19.\tCOSTS AND JURISDICTION<\/strong><\/p>\n

19.1\tThe client will be liable for costs on a scale as between attorney and client in the event of Bar Motion having to institute action from any cause arising from this agreement \/ quotation.
\n19.2\tThe parties consent to the jurisdiction of the Magistrate\u2019s Court (District and Regional) in relation to any cause of action that may arise from this agreement.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

1. PAYMENT TERMS 50 % of the quoted amount is required in order to confirm the event with a signed […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"ngg_post_thumbnail":0,"footnotes":""},"class_list":["post-1845","page","type-page","status-publish","hentry"],"yoast_head":"\nTerms & Conditions - Barmotion<\/title>\n<meta name=\"description\" content=\"PAYMENT TERMS 50 % of the quoted amount is required in order to confirm the event with a signed copy of the quotation and proof of\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/barmotion.co.za\/b\/terms-conditions\/\" \/>\n<link rel=\"next\" href=\"https:\/\/barmotion.co.za\/b\/terms-conditions\/2\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms & Conditions - Barmotion\" \/>\n<meta property=\"og:description\" content=\"PAYMENT TERMS 50 % of the quoted amount is required in order to confirm the event with a signed copy of the quotation and proof of\" \/>\n<meta property=\"og:url\" content=\"https:\/\/barmotion.co.za\/b\/terms-conditions\/\" \/>\n<meta property=\"og:site_name\" content=\"Barmotion\" \/>\n<meta property=\"article:modified_time\" content=\"2015-06-17T09:08:30+00:00\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"8 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/barmotion.co.za\/b\/terms-conditions\/\",\"url\":\"https:\/\/barmotion.co.za\/b\/terms-conditions\/\",\"name\":\"Terms & Conditions - Barmotion\",\"isPartOf\":{\"@id\":\"https:\/\/barmotion.co.za\/b\/#website\"},\"datePublished\":\"2014-08-12T13:37:24+00:00\",\"dateModified\":\"2015-06-17T09:08:30+00:00\",\"description\":\"PAYMENT TERMS 50 % of the quoted amount is required in order to confirm the event with a signed copy of the quotation and proof of\",\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/barmotion.co.za\/b\/terms-conditions\/\"]}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/barmotion.co.za\/b\/#website\",\"url\":\"https:\/\/barmotion.co.za\/b\/\",\"name\":\"Barmotion\",\"description\":\"On the Move\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/barmotion.co.za\/b\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Terms & Conditions - Barmotion","description":"PAYMENT TERMS 50 % of the quoted amount is required in order to confirm the event with a signed copy of the quotation and proof of","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/barmotion.co.za\/b\/terms-conditions\/","next":"https:\/\/barmotion.co.za\/b\/terms-conditions\/2\/","og_locale":"en_US","og_type":"article","og_title":"Terms & Conditions - Barmotion","og_description":"PAYMENT TERMS 50 % of the quoted amount is required in order to confirm the event with a signed copy of the quotation and proof of","og_url":"https:\/\/barmotion.co.za\/b\/terms-conditions\/","og_site_name":"Barmotion","article_modified_time":"2015-06-17T09:08:30+00:00","twitter_misc":{"Est. reading time":"8 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/barmotion.co.za\/b\/terms-conditions\/","url":"https:\/\/barmotion.co.za\/b\/terms-conditions\/","name":"Terms & Conditions - Barmotion","isPartOf":{"@id":"https:\/\/barmotion.co.za\/b\/#website"},"datePublished":"2014-08-12T13:37:24+00:00","dateModified":"2015-06-17T09:08:30+00:00","description":"PAYMENT TERMS 50 % of the quoted amount is required in order to confirm the event with a signed copy of the quotation and proof of","inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/barmotion.co.za\/b\/terms-conditions\/"]}]},{"@type":"WebSite","@id":"https:\/\/barmotion.co.za\/b\/#website","url":"https:\/\/barmotion.co.za\/b\/","name":"Barmotion","description":"On the Move","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/barmotion.co.za\/b\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"}]}},"_links":{"self":[{"href":"https:\/\/barmotion.co.za\/b\/wp-json\/wp\/v2\/pages\/1845","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/barmotion.co.za\/b\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/barmotion.co.za\/b\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/barmotion.co.za\/b\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/barmotion.co.za\/b\/wp-json\/wp\/v2\/comments?post=1845"}],"version-history":[{"count":0,"href":"https:\/\/barmotion.co.za\/b\/wp-json\/wp\/v2\/pages\/1845\/revisions"}],"wp:attachment":[{"href":"https:\/\/barmotion.co.za\/b\/wp-json\/wp\/v2\/media?parent=1845"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}