1 In these terms and conditions:
“The Client” means the person or company booking the event “Function” means the meal or other event for the Client.
“The Caterer” means Sarah Symington Catering
All bookings are subject to the terms and conditions set out below which may only be varied in writing, and signed by an authorised representative of the Caterer.
The Client will notify to the Caterer the number of persons who will attend before 12 noon on the day which is 7 days (excluding Saturdays, Sundays and Bank Holidays) before the event. The number notified will be the minimum figure charged for.
4 MENUS AND EVENT DETAILS
4.1 The Caterer reserves the right to substitute alternative food or drink if the items ordered cannot reasonably be obtained. The Caterer will, where practicable, discuss any changes with the Client.
4.2 The Caterer reserves the right to alter or substitute ingredients due to market fluctuations, but will not do so without prior consultation with the Client.
4.3 All labour costs incurred in arranging food and wine tastings will be charged in full to the Client.
4.4 The Client will be responsible for engaging and paying staff. The Caterer can advise on experienced people available for on site cooking and waiting on.
4.5 The Client will notify the Caterer of the Final Menu, Itinerary and Seating Plan (if relevant) for the event before 12 noon on the day which is 14 days (excluding Saturdays, Sunday and Bank Holidays) before the event. The Caterer will not be held reliable where Guest allergies have not been made known by the Client at this time.
4.6 Where the Caterer has procured hire equipment on behalf of the Client, the Client must confirm the final hire list for the event before 12 noon on the day which is 14 days (excluding Saturdays, Sunday and Bank Holidays) before the event.
In the event of the Client wishing to cancel its agreement with the Caterer at any time after acceptance of the Caterer’s written quotation, the Caterer reserves the right to a cancellation charge based on the scale below:
More than 30 days = 10%
Between 14 and 29 days = 25%
Between 3 and 13 days = 50%
Less than 3 days = we will endeavour to minimise the total cost but reserve the right to levy certain costs as appropriate.
Where the Caterer has incurred significant costs by way of repeated site visits with the Client, suppliers and further event preparation beyond that required for an initial quote for the Client, the Caterer reserves the right to recuperate these costs from the Client if the Client does not confirm the Caterer for the event.
6 PAYMENTS ON ACCOUNT
6.1 An initial non-refundable payment of 25% of the anticipated total cost to the Client of the Function (including any of the costs incurred or to be incurred by the Caterer as notified to the Client by the Caterer shall be paid) by the Client to the Caterer at the time the Booking is confirmed by the Caterer on account of the total cost of the Function.
6.2 A further payment on account of 50% of the anticipated total cost shall be made by the Client to the Caterer 28 days prior to the date of the Function.
6.3 Payment of the remaining 25% of the anticipated total cost shall be made by the Client within 2 weeks after the Function.
6.4 The Caterer may in its absolute discretion, waive or vary these requirements in respect of “small” Functions or in any other circumstances which the Caterer shall think fit.
6.5 VAT at the current rate is chargeable on all items unless otherwise specified.
6.6 Interest will be charged on overdue payments where exceeding the due date by 7 days. The Caterer reserves the right to apply a 10% charge on the outstanding amount.
7 ENGAGEMENT OF EXTERNAL CONTRACTORS
7.1 Should you wish to employ the services of any outside Contractors other than those supplied by the Caterer at your Function, you must undertake to indemnify the Caterer against any claims made against the Caterer resulting from an act or default by any of your contractors or caused by any equipment supplied by yourself or your contractors.
7.2 This indemnity is also to include liability under the Health and Safety at Work Act 1974.
8.1 Where the Caterer incurs incidental costs, these will be itemised separately on the invoice.
8.2 The Caterer acts as the Client’s agent in respect of non incidental costs incurred and used by the Client in the course of the Function (such as equipment hire, etc.). The Client is responsible for paying the third party, but authorises the Caterer to make payments to the third party on their behalf. Such items will be separately itemised on the final invoice. As agent, the Caterer will only recover from the Client the exact cost of the disbursement paid.
9 LOSS OR DAMAGE
9.1 The Caterer maintains insurance against loss, damage or injury to property, equipment, food and beverages, and bodily injury due to the act, neglect or default of its employees or agents while carrying out their duties. The Caterer is not responsible for the premises at which the event takes place or the acts, neglect or default of the owner of the premises or his employees or agents or subcontractors. All accidents must be reported to the Manager on site and at the time. The Caterer will not entertain any claim after the Function.
9.2 The Caterer will be under no liability for any loss, damage or injury to the Client’s property or the property of the Client’s guests or other persons for whom the Client is responsible if such loss, damage or injury is due to the act, neglect or default of the Client or his guests, servants or agents.
9.3 Notice of all claims by the Client in respect of any loss, damage or injury shall be given in writing to the Caterer at the address given above and in default of such notice the Caterer shall not be held responsible for such claims.
9.4 The Client will be responsible and indemnify the Caterer against all costs, loss, damage or injury sustained due to the act, neglect or default of the Client or of any person for whom the Client is responsible.
10 LIMITATION OF LIABILITY
10.1 The Caterer’s liability to the Client in respect of breach of contract or breach of duty or negligence of otherwise arising out of or in connection with its engagement or the services it provides shall be limited to that proportion of the loss or damage (including interest and costs) suffered by the Client which is ascribed to the Caterer by a Court of competent jurisdiction allocating proportionate responsibility to the Caterer having regard to the contribution to the loss and damage in question of any other person responsible and/or liable to the Client for such loss and damage (loss and damage having the same meaning as in the Civil Liability (Contribution) Act 1978). This provision shall have no application to any liability for death or personal injury, any other liability which cannot lawfully be excluded or limited or to liability arising as a result of fraud on the part of the Caterer.
10.2 For the purpose of assessing the contribution to the loss and damage in question of any other person pursuant to the preceding paragraph, it is agreed that no account shall be taken of any limit imposed on the amount of liability of such person by any agreement made before the loss and damage in question occurred.
10.3 The Caterer is covered by £10,000,000 in Public Liability Insurance. Save in respect of personal injury the Caterer shall not, under any circumstances howsoever or whatsoever arising, be liable for any cost, loss or damages, which exceed the amount payable under the insurance cover referred to above.
11 FORCE MAJEURE
The Caterer will not be held responsible for any loss or damage which may be incurred by the Client if the Caterer fails to perform its obligation in the manner and within the time required by the terms of its agreement as a result of terrorist acts, war, strikes, industrial action or a strike, lockouts, accidents, fire, blockade, import or export embargo, ice, obstruction, natural catastrophes or other such obstacles over which the Caterer fails to perform its obligation in the manner and within the time required by the terms of its agreement has no control.
12 DRESS CODE
All contractors engaged by the client involved in a Function for the Caterer must comply to the Dress Codes of that Function and the relevant venue.
The Client shall be responsible for the orderly conduct of the Function and shall ensure that nothing shall be done which will constitute a breach of the law or in any way cause a nuisance or be an infringement of an occasion, or render possible forfeiture of endorsement of the licences for the sale of wine, beer, spirits or for the music and dancing. In particular the Client shall ensure that there is no illegal betting or gambling.
We would be delighted to talk you through all of the terms if so wished.
The Sarah Symington Catering Team