Terms and Conditions
Standard Terms and Conditions
Contract Terms
1.1 We agree to provide our services to you on the following terms and conditions. These constitute a contract between us and you and must be read together with a Terms of Business letter agreed to be part of this contract. Any other terms and conditions contained in any other document are excluded unless their inclusion is expressly agreed in writing.
1.2 In these terms and conditions:
1.2.1 “Charges” means the Charges set out in the Contract Details section of this Agreement made to the client by The Merry Kitchen for the services provided;
1.2.2 “Client” and “you” mean the party in receipt of Services under this Agreement as named in the Contract Details section of this Agreement;
1.2.3 “Services” means the services that you have ordered from us and form part of the Terms of Business letter which forms part of this agreement.
1.2.4 “we” and “us” means The Merry Kitchen of Marymead House, High Street, Chieveley, Berkshire, RG20 8UX
1.2.5 “Event(s)” means the occasion for which we are supplying services
defined in point 2.4 below.
The Merry Kitchen Obligations
2.1 We will endeavour to supply the services to the best of our ability.
2.2 Dietary requirements will be catered for as requested.
2.3 Reasonable last minute changes will be accommodated as per timings in point 3 below.
2.4 The Events that we will cater for include residential parties, Weddings and Corporate occasions, food markets and any other Events as required.
Client Obligations – Booking and related services
3.1 Clients are required to book Events as far in advance as possible. Menus are required to be confirmed with The Merry Kitchen eight weeks in advance of the Event. A non-refundable 10% deposit will be invoiced at this time to secure the event.
3.2 A balancing invoice will be issued two weeks prior to the event. Any additional costs incurred, e.g. additional staff hours, will be invoiced post event.
3.3 Final numbers are to be confirmed two weeks prior to the Event.
3.4 Confirmation of related services for this Event need to be confirmed when initial booking has taken place for example Marquees, outside catering facilities etc.
Cancellation
4.1 Terms of cancellation are as follows;-
4.1.1 If the event is cancelled prior to the balancing invoice only the
deposit will be retained, and no further Charges will be made.
4.1.2 If the cancellation is made less than two weeks prior to the Event a
further 50% charge on top of the deposit will be made for food and equipment hire.
4.1.3 If the cancellation is made 48 hours or less prior to the Event 100% of the full charge is due.
4.1.4 The expiry or termination of this Agreement shall come about upon cancellation of the Event. This shall not terminate any provision or obligation which is expressly or by implication due to come into force or continue in force after such termination and shall be without prejudice to the accrued rights and liabilities and other remedies of the parties to this agreement.
Payment
5.1 You must pay our Charges for the Services as agreed between us in writing.
5.2 Our terms of payment for all Charges are 7 days after the date of invoice. Bank details will be shown on the invoice for electronic payment. In the event of late payment we reserve the right to charge interest on the outstanding balance at the Statutory Rate.
5.3 Unless confirmed at a later date, all our Charges are exclusive of VAT.
5.4 We reserve the right to suspend the Services if payment of our Charges by you is overdue.
Insurance
6.1 The Merry Kitchen is covered by full third party Public Liability Insurance (cover note and policy document available upon request).
Health and Safety
7.1 In order to provide the Services that we are offering under this Agreement we are required by law to have the following documents which are supplied and regulated by the Food Standards Agency :-
7.1.1 Food Safety and Catering Certificate
7.1.2 Food Hygiene rating
7.1.3 Supply a list of ingredients used for the Event as requested by the Client.
Liability
8.1 We warrant to you that we will seek to supply the Services with reasonable skill and care. We accept liability for our own negligence, but only to the extent stated in this clause.
8.2 Nothing in this Agreement shall be construed as restricting or excluding our liability for death or personal injury resulting from our negligence or for fraud.
8.3 Our liability to you under this Agreement shall not exceed the amount paid by you for the Services for each Event.
8.4 Subject to the immediately preceding sub-clause, we shall be liable to you in respect of all direct loss or damage caused by our acts or omissions and those of our employees, agents or sub-contractors, other than Excluded Loss. In this clause the expression “Excluded Loss” means all special loss (whether or not the possibility of such loss arising on a particular breach of contract or duty has been brought to our attention at the time of making this contract) and loss, corruption or destruction of data or loss of profits, business or anticipated savings, whether incurred directly or indirectly, or any indirect or consequential damage whatever, either in contract, tort (including negligence) or otherwise.
Complaints
9.1 Under our food Safety and Catering certificates as in 8 above we are required by law to ask Clients to initially contact us regarding any complaints. If we are unable to deal with the complaint we will refer this to the Food Safety Agency.
Force Majeure
10.1 We are not liable for any breach of this Agreement caused by matters beyond our reasonable control, including, but not limited to, Acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), failures or interruptions of electricity supplies, weather of exceptional severity or acts of local or central government or other authorities.
Contingency Planning
11.1 If unforeseen circumstances occur The Merry Kitchen will do its best to remedy the situation and provide the Services agreed under the Terms of Business letter.
11.2 If the staff of The Merry Kitchen are incapacitated it will recommend a suitable replacement caterer. At this point providing all Charges have been made by The Merry Kitchen have been met all food purchased for the Event will be the property of the Client. The Client may agree with the replacement caterer how this is used for the Event.
General
12.1 Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified under this provision to the party giving the notice.
12.2 No waiver or any amendment to these terms shall be effective unless in writing and signed by both you and us.
12.3 If any dispute arises out of these terms both parties will attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure or through their solicitor as agreed,
12.4 The parties to this Agreement contract as independent contractors and nothing in this Agreement shall be construed as a relationship of employment, agency, partnership or joint venture
12.5 This Agreement shall be governed by the laws of England and both parties agree to submit to the exclusive jurisdiction of the English Courts.