Cutting Edge Catering Terms and Conditions 1. Definitions “Additional Charges” means the additional charges that may be payable as set out in clause 10 (Additional Charges). “Cost” means the total cost of the Event as set out in our quotation. “Event” means the event for which you have made an Order. “Order” means your order for the catering goods and/or services supplied by us. “Schedule” means the schedule at the end of these Terms. “Terms” means these terms and conditions. “you” or “your” means the customer making the Order. “we”, “us” or “our” means Cutting Edge Catering of 66 Clements Close, Spencers Wood, Reading RG7 1HH. 2. Orders Enquiries for Orders can be made by email to [email protected]. In response to your enquiry, we will discuss your requirements with you if necessary and provide a quotation which will be valid for 14 days. Prices provided in a quotation are not subject to VAT. We will always endeavour to provide a menu and service based on a specific budget providing the quality of our food and service is not compromised. If a quotation we have supplied is not acceptable, we will adjust it wherever possible to lower the cost, but only if we can successfully achieve this. We cannot guarantee the availability of any particular item of food or drink, but where such an item is unexpectedly unavailable, we will use all reasonable endeavours to provide a suitable alternative. The notice we require for making an Order is set out in the Schedule. We require confirmation of your Order by email to [email protected] confirming you: accept our quotation; accept these Terms; and agree to pay a non-refundable deposit as set out in the Schedule. We reserve the right to amend any of the figures in our quotation after it has been accepted by you, but only if deemed necessary by us to fulfil the Order or to meet additional requirements specified by you including without limitation an increase in numbers as set out in clause 4 (Final Numbers). These Terms will become binding on you and us when we confirm to you by email that we are able to provide you with the Order and you have paid the deposit due as set out in the Schedule. At this point a contract will come into existence between you and us. If you issue a purchase order, our acceptance of your Order shall not constitute acceptance of any terms and conditions which may be contained within that purchase order. If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 8 (Cancellation by you). 3. Deliveries Deliveries of Orders will take place before 12 noon on the required day unless otherwise agreed. Delivery will be completed when we deliver the Order to the address you have given us. Someone must be available at this address to sign for the Order to acknowledge receipt and confirm that it complies with the details set out in the Order. The contents of the Order will be your responsibility from completion of delivery. Notwithstanding the previous sub-clause, if you are a private individual, you have legal rights in relation to any part of the Order with which you are not satisfied or which is not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. 4. Final Numbers We require confirmation of final numbers as set out in the Schedule. Once final numbers are confirmed, we will not accept a decrease and the final confirmed numbers will be charged for. However, we may accept an increase in numbers as set out in the Schedule and the final balance of the Cost due will be adjusted accordingly. 5. Payments Due Subject to clauses 8 (Cancellation by you) and 9 (Cancellation by us), in relation to the Cost you agree to pay a deposit and the balance as set out in the Schedule. The following will be payable within 14 days of invoice separately after an Event (unless otherwise agreed): additional services or equipment booked after the Order has been confirmed; and/or Page 1 of 6 6. 7. 8. 9. 10. any extra expenses incurred by us over and above the Cost including without limitation any Additional Charges. Payment Terms Payment terms in relation to deposits and the balance of the Cost due are as set out in the Schedule. All payments shall be made by bank transfer to our account as set out in your invoice or by cash in person. Unfortunately we are unable to accept credit or debit cards. Late Payment If any payment is not received when due, we shall be under no obligation to fulfil the Order. Whilst allowing for unfortunate and unavoidable reasons for late payment, we reserve the right to charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Lloyds TSB Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, the above interest provision will not apply for the period of the dispute. Cancellation by you Cancellation by you if you are a private individual Before we begin to provide the Order, you have the following rights to cancel an Order, including where you choose to cancel because we are affected by an event beyond our control or if we change these Terms to your material disadvantage: You may cancel an Order within the timescale set out in the Schedule by contacting us. We will confirm your cancellation by email to you. If you cancel an Order as above and you have paid a deposit for an Order and no services have been provided to you, we will refund the deposit to you. However, if you cancel an Order as above and we have already started work to fulfil your Order by that time, you will pay us any costs we reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us to cancel. However, where you have cancelled an Order because of our failure to comply with these Terms (except where we have been affected by an event beyond our control), you do not have to make any payment to us. Cancellation by you if you are a business If you cancel your Order, all deposits paid will be retained and we shall be entitled to charge a cancellation fee as set out in the Schedule. Cancellation by us We may have to cancel an Order before the Event due to an event beyond our control, the unavailability of key personnel or key materials without which we cannot provide the Order. We will promptly contact you if this happens and the following will apply: if you have made any payments in advance for the Order that has not been provided to you, we will refund these amounts to you; where we have already started work on your Order by the time we have to cancel as above, we will not charge you anything and you will not have to make any payment to us. We may cancel the contract for the Order at any time with immediate effect by giving you written notice if: you do not pay us when you are supposed to as set out in clause 6 (Payment Terms). This does not affect our right to charge you interest under clause 7 (Late Payment); or you break the contract in any other material way and you do not correct or fix the situation within 5 days of us asking you to do so in writing. Additional Charges Additional Charges may be any or all of the following: Staff Charges Charges for waiting staff are calculated on the length of time required unless otherwise agreed at the time of Order confirmation. The hourly rate chargeable for each member of service staff ranges from £10.00 per hour for waiting staff to £15.00 or more per hour for chefs, cooks, management and event supervisors. Page 2 of 6 These prices are a guideline and will depend on the style of Event, distance involved, length and timing of Event and level of staff required. Staff required for Events booked to take place on Bank Holidays will be charged at a higher hourly rate to be advised on request. Travel Charges Travelling costs will generally be built into a quotation where the venue is locally sited to Reading. Free delivery applies to any venue within a 10 mile radius of our base at Spencers Wood in Reading. Venues outside a 10 mile radius of this base will be subject to a delivery charge one way based on mileage at 45p/mile. Overtime Charges In the event that staff may be required to remain at an Event longer than originally expected, additional charges may apply at our reasonable discretion in accordance with the rates referred to above under Staff Charges. This may be due to schedules running for longer or extra services required which you have requested. Setting up Charges If we have to set up any furniture at the Event venue and/or dismantle it afterwards, a fee will be charged in accordance with clause 12 (Conditions to fulfil Orders). A price can be provided for setting up if necessary. Equipment Charges If refrigeration is not provided as set out in clause 12 (Conditions to fulfil Orders), refrigeration units will be hired where necessary and charged for accordingly. These may be in the form of mobile refrigeration trailers, refrigerators and chest freezers. An additional charge may be levied for equipment that needs to be delivered to upper levels at the Event venue or areas with difficult access. Cleaning, Breakages, Loss or Damage Charges A small charge may be made if the condition of the kitchen/preparation areas does not meet our criteria before we use them. If we have found the cleanliness of the kitchen/preparation areas to be unsatisfactory following a site visit under clause 11 (Site Visit), we will notify you if we intend to make a charge and the amount of that charge so that our criteria are met. A charge will be made for any items of crockery, cutlery and glassware that we have provided that are returned dirty, damaged or broken or are missing. A charge will also be made if we have to make a subsequent trip to collect any outstanding items. Any breakages, loss or damage to any equipment we have provided which may be our property or equipment that has been hired specifically for the Event, will be charged for. This includes damage to linen due to cigarette or candle burns and melted candle wax or by way of any other cause. Substitute equipment is not acceptable unless otherwise agreed. Clearing or Collection After the Event Should it be necessary for us to return to the venue the day after an Event to complete final clearing and collection of equipment not possible on the day for whatever reason, ie schedules running longer than expected, hired equipment still in use, loss of light etc, a small charge may be levied. If we have opted to collect equipment the following day or have arranged for hired equipment to be collected after the Event, this will have been taken into account within the quotation. Rubbish A charge may be made for disposal of rubbish in accordance with clause 13 (Rubbish). 11. Site Visit We may make a site visit initially to inspect the premises where an Event will take place to ensure: that the venue is suitable for the level of catering you have instructed us to undertake; the cleanliness of the kitchen/preparation areas where the food will be prepared and stored is satisfactory; and any health and safety issues which affect both guest and our staff during the Event are considered. You agree to provide us with access to the venue for these purposes at our reasonable request. 12. Conditions to fulfil Orders We will not be liable for any delay or non-performance where you have not provided us with the facilities or complied with these conditions as set out below: Crockery, cutlery and glassware All crockery, cutlery and glassware that we have provided are to be cleaned and ready for collection by the end of the day, unless otherwise agreed. Page 3 of 6 Facilities Facilities and serving/dining areas must be clean and functional with safe access for both guests and our staff who will be using the kitchen, food preparation and service areas. If the rules and recommendations for any venue impose a maximum number of people it will hold, we will not intentionally contravene those rules. Similarly with marquees, we advise that you select a reputable marquee hire company that will provide expert advice on the size required in terms of numbers and style of Event intended to take place within it. An adjoining kitchen tent may be required, and we will be happy to liaise with the marquee hire company in terms of what we will require to undertake the style of catering required by you. Refrigeration Refrigeration and suitable safe storage for food to keep it safe from spoilage is required as they are essential. Washroom Washroom facilities must be available to staff, away from food service and preparation areas. For Events where these facilities are not in-situ, suitable facilities must be hired. Essential amenities Essential amenities must be supplied to enable us to fulfil the Order including without limitation: a fresh regulated water supply; lighting and heating; adequate electrical power points. Marquee Events For marquee Events, we recommend that an expert is on hand for the duration of the Event to deal with any problems that might occur. We will submit a list of any electrical equipment we require, to allow the marquee company or electrics expert to calculate how much power will be required so that a suitable generator may be hired, unless adequate power can be sourced from an in-situ power supply. We advise that adequate cover is provided at any Event to protect guests and catering staff from the weather elements. Adequate ventilation Adequate ventilation is required if employing gas equipment in the form of ovens, hot cupboards, etc. Any gas equipment hired will be sourced from a reputable hire company that regularly maintains its equipment to ensure that it functions correctly. Sufficient parking Sufficient parking must be supplied for our members of staff requiring transport. Furniture Tables and chairs need to be arranged and set up prior to our arrival. Dismantling or clearing of any furniture and equipment supplied by a hire company is the responsibility of the hire company. It is the responsibility of the hire company to remove any furniture from the venue if required. An additional charge may be levied if we have to set up or dismantle furniture. 13. Rubbish Unless otherwise arranged, rubbish will be neatly bagged up in rubbish bags provided by us and left for disposal or collection. Alternatively, a separate charge will be made for the disposal by us of rubbish. The cost will depend on precise requirements and we may recommend a Grundon skip or similar (events waste). 14. Venue Clearing We are responsible for the final clearing and cleaning of the kitchen facilities at the venue, restoring them only to the condition found on our arrival. You are advised to book venue cleaners where appropriate to restore the facilities to their original order, ie toilets, floors, etc. It is your responsibility to dismantle and dispose of party decorations, melee, banners or related trimmings and empty cigarette sand bins. 15. Insurances We are registered with the Environmental Health Division of Wokingham Borough Council and possess full Public and Products Liability and Employers Liability Insurances. We are fully compliant with HACCP and SFBB (Safer Food Better Business for Caterers). We hold a current Level 2 Award in Food Safety in Catering and 5 Stars Scores on Doors. You are strongly advised to take out full insurance cover for the Event and particularly for any breakage, damage or loss of hired equipment as no claim can be accepted by us. Page 4 of 6 16. Liability We shall be under no liability for any delay or failure to provide an Order as a result of any act or event beyond our control including without limitation in the event we cannot serve food in a marquee if gale force winds or other adverse weather conditions make it dangerous to do so. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract. We do not exclude or limit in any way our liability under or in connection with this contract: for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation; or to any other extent not permitted by law. Whilst every care is taken by our staff at all times, we advise that you must provide your own protective table covers to prevent heat damage or spillage caused by food and/or drink as we will not be liable for any such accidental damage. 17. Information About us and How to Contact us We are a sole trader established in England and Wales. Our address is at 66 Clements Close, Spencers Wood, Reading RG7 1HH. If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning 07795 188122 or by e-mailing us at [email protected]. 18. How We may Use your Personal Information We will use the personal information you provide to us: to provide the Order; in relation to your payment for the Order if necessary; and to inform you about similar products or services that we provide, but you may stop receiving such information at any time by contacting us as detailed in clause 17 (Information About us and How to Contact us). We will not give your personal data to any third party without your prior consent. 19. Changes to Terms We may revise these Terms from time to time including without limitation in the following circumstances: changes in how we accept payment from you; and/or changes in relevant laws and regulatory requirements. If we have to revise these Terms, we will give you at least 2 weeks’ written notice (or such other period of notice as we consider reasonable in the circumstances) of any changes to these Terms before they take effect. Following our notification, you can choose to cancel the contract in accordance with clause 8 (Cancellation by you). 20. Governing Law These Terms are governed by English law. We both agree to submit to the exclusive jurisdiction of the English courts. Page 5 of 6 Schedule - Booking and Payment Terms The following terms apply unless otherwise agreed with us - we can be flexible depending on your circumstances so please ring us to discuss any changes you might require to these terms. Private Individuals Numbers Minimum Notice required Up to 10 6 days Balance of Cost due (payable on receipt of invoice) 1 day before Event Cancellation rights No increase allowed Deposit due at time of Order confirmation as % of Cost (payable on receipt of invoice) 50% 7 days 18 days Up to 3 days before Event Up to 10 days before Event 50% 50% 7 days before Event 14 days before Event Within 7 days of placing Order Up to 28 days before Event Minimum Notice required Notice of Final Numbers required before Event Up to 30 6 days 4 days Increase of confirmed Final Numbers accepted No increase allowed Deposit due at time of Order confirmation as % of Cost (payable within 7 days of invoice) 50% Balance of Cost due (payable within 14 days of invoice) On day of Event 31+ 14 days 7 days Up to 3 days before Event 50% On day of Event 11 – 100 101+ Businesses Numbers Notice of Final Numbers required before Event 4 days Increase of confirmed Final Numbers accepted 14 days 6 weeks Within 4 days of placing Order Cancellation Fees (payable within 14 days of invoice) No charge if Order cancelled 6 days or more before Event 25% of balance of Cost due if Order cancelled 4 or 5 days before Event 50% of balance of Cost due if Order cancelled 2 or 3 days before Event 100% of balance of Cost due if Order cancelled 1 day before Event No charge if Order cancelled 22 days or more before Event 25% of balance of Cost due if Order cancelled between 15 and 21 days before Event 50% of balance of Cost due if Order cancelled between 8 and 14 days before Event 100% of balance of Cost due if Order cancelled 7 or less days before Event Page 6 of 6
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