The Smallprint
“We” are:
The Wild Oven Ltd (company number 11205069, whose registered office address is Billesley Manor Farm, Billesley, Alcester, Warwickshire, B49 6NE) (“Caterer”)
“You” are:
The customer or customers that received the Deposit Invoice (proforma) (where more than one person, they shall be jointly and severally liable). (“Client”)
Definitions
In this agreement:
- “Booking” means the confirmed arrangement for the provision of Goods and Services by the Caterer for the Event, as set out in the accompanying Deposit Invoice (proforma), which becomes binding once the Deposit has been paid by the Client.
- “Deposit Invoice” means the proforma deposit invoice issued by the Caterer confirming the proposed Booking and setting out the Deposit amount. The Deposit Invoice is not a VAT invoice and forms the basis of this agreement once the Deposit has been paid. It remains valid until replaced by the Final Balance Invoice.
- “Final Balance Invoice” means the invoice issued by the Caterer for the remaining balance of the Booking Value, which replaces and supersedes the Deposit Invoice once issued.
- “Deposit” means the advance payment to secure the Event date and allow the Caterer to commence work on the Booking, as described in clause 2.2. The Deposit is shown on the Deposit Invoice, which remains valid until replaced by the Final Balance Invoice.
- “Event” means the event where the Booking is to be delivered by the Caterer.
- “Booking Value” means the total amount payable by the Client to the Caterer for the Booking.
- “Fees” means any sums paid or owed to the Caterer by the Client.
- “Goods” means the goods provided by the Caterer as part of the Booking.
- “Services” means the services provided by the Caterer as part of the Booking.
- “Terms” means these Terms and Conditions.
Price and Payment
2.1 The price for the Booking is as set out in the accompanying Deposit Invoice (proforma), which shows your Booking Value. The Deposit Invoice forms the basis of this agreement once the Deposit has been paid, and remains valid until it is replaced by the Final Balance Invoice, which will reflect any adjustments agreed between the parties and supersede the Deposit Invoice upon issue. VAT at the prevailing rate is included in the quoted price and will be applied on the Final Balance Invoice.
2.2 A Deposit of 50% of the Booking Value shall be paid upon entering this agreement. The Deposit secures the Event date and enables the Caterer to commence preparations for the Goods and Services required for the Booking.
2.3 A final payment of the remaining balance of the Booking Value shall be paid no later than 14 days before the Event. When the Final Balance Invoice is issued, it replaces the Deposit Invoice as the operative invoice for the Booking. All Fees must be paid in full in advance of the Event.
2.4 Where the Booking includes a two-wave food service, the quoted price is based on a maximum four-hour break between the end of the first food service and the beginning of the second. Should a longer interval be required, the price will be affected accordingly.
Cancellation of Agreement and the Deposit
3.1 Once the Deposit has been paid, the Booking can be cancelled by either party in writing or by email, subject to this clause.
3.2.1 If the Caterer cancels the Booking, except under clause 3.2.2, the Fees paid at the time of cancellation will be repaid to the Client within 14 days, and no further sum or compensation will be payable.
3.2.2 The Services may also be terminated if payment of the Fees is not made in accordance with these Terms, or if the Client commits a material breach and fails to remedy it within 14 days of written notice, or if the Client enters into any form of insolvency arrangement. Upon termination, the Client shall immediately pay any outstanding sums to the Caterer.
3.3 .1 If the Client cancels the Booking within 14 days of entering into this agreement, then the Deposit shall be repaid to the Client in full.
3.3.2 If the Client seeks to cancel this Booking more than 14 days after entering this agreement and more than 6 months before the Event then the Client will be charged a cancellation fee which shall be 10% of the booking value less any money already paid. No further sums will be due from the Client to the Caterer.
3.3.3 If the Client cancels the Booking less than 6 months before the Event but more than 4 months before the Event then the Client will be charged a cancellation fee which shall be 20% of the booking value less any money already paid.
3.3.4 If the Client cancels the Booking less than 4 months before the Event but more than 3 months before the Event then the Client will be charged a cancellation fee which shall be 40% of the booking value less any money already paid.
3.3.4 If the Client cancels the Booking less than 3 months before the Event but more than 2 months before the Event then the Client will be charged a cancellation fee which shall be 50% of the booking value less any money already paid.
3.3.4 If the Client cancels the Booking less than 2 months before the Event but more than 1 month before the Event then the Client will be charged a cancellation fee which shall be 60% of the booking value less any money already paid.
3.3.4 If the Client cancels the Booking less than 1 month before the Event but more than 14 days before the Event then the Client will be charged a cancellation fee which shall be 70% of the booking value less any money already paid.
3.3.4 If the Client cancels the Booking less than 14 days before the Event then a cancellation fee will be immediately due, which shall be 100% of the booking value less any money already paid.
Design, Changes and Alterations to the Booking
4.1 The Client acknowledges that the Caterer owns all rights, title and interest in and to any designs or menus created for the Booking.
4.2 The Caterer may use images of menus and Goods created for the Booking for marketing, promotional, competition and editorial purposes.
4.3 Slight design or menu changes are at the Caterer’s discretion and are not grounds for a refund. All designs and ingredient choices are subject to artistic licence.
4.4 If significant changes are required, the Caterer will agree these with the Client in advance. Additional Fees may apply.
4.5 Ingredient changes requested by the Client will only be accepted up to 28 days before the Event, subject to availability and at the Caterer’s discretion.
4.6 Any complaints about design or appearance must be raised at collection or in writing within 7 days of the Event.
4.7 Date changes or postponements must be in writing and are subject to availability. If the new date cannot be accommodated, this will be treated as a cancellation under clause 3 unless agreed otherwise.
4.8 Quotations are based on minimum numbers. Final numbers must be confirmed at least 28 days before the Event.
4.9 If numbers change, the Caterer may adjust the price accordingly.
Allergies
5.1 The Caterer cannot guarantee that Goods are free from traces of allergens.
5.2 It is the Client’s responsibility to inform consumers of any allergen risks.
5.3 The Client must inform the Caterer in writing of any dietary requirements or allergies at the time of booking or at least 28 days before the Event. The Caterer accepts no liability where this information has not been provided.
5.4 The Caterer will only accept a Booking subject to these limitations.
Delivery and Damage
6.1 If the Client collects the Goods, the Caterer is not responsible for any damage during transportation.
6.2 Any time or date stated for delivery or collection is an estimate only and shall not be of the essence of the contract.
6.3 Delivery and collection will be made to the Event venue or another agreed location.
6.4 The Client is responsible for any loss or damage caused by the Client, their guests, agents or representatives to equipment provided by the Caterer during the Booking. Such loss or damage will be charged at full replacement cost.
General Conditions
7.1 Payment of the Deposit in response to the Caterer’s proforma Deposit Invoice constitutes full acceptance of these Terms and confirms the Client’s express wish to enter into a binding contract with the Caterer for the Booking.
7.1a The Caterer shall use reasonable endeavours to meet performance dates, but times shall be estimates only, save for the Event date itself.
7.2 Quotations and prices are based on costs and availability at the time of quotation. Reasonable variations to Goods, Services or price may occur and/or be agreed in writing.
7.3 Variations to the Booking or Services may only be agreed in writing. Services outside the scope of the Booking will attract additional Fees.
7.4 The Fees will be paid after invoices rendered from time to time. Payment terms are 14 days. If payment is late, Services may be suspended and an administration fee of £70 plus interest (Late Payment of Commercial Debts (Interest) Act 1998) may apply.
7.5 The Caterer may require all or part of the Fees to be paid in advance.
7.6 Each party will keep confidential information secret and use it only for fulfilling the Booking. Both parties will comply with data-protection legislation. See our Privacy Notice on our website.
7.7 The Caterer will use reasonable care and skill in providing the Goods and Services.
7.8 The Caterer’s liability for any indirect or consequential loss (including loss of goodwill, profits, or business) is nil.
7.9 For direct losses, the Caterer’s total liability shall not exceed the value of Fees paid.
7.10 Nothing in these Terms limits liability for death or personal injury caused by negligence.
7.11 The Client grants the Caterer consent to use photographs and descriptions of Goods or Services from the Booking for marketing, portfolio and editorial purposes unless the Client objects in writing at least 28 days before the Event.
7.12 If the Caterer is limited or hindered from providing the Booking due to circumstances beyond its control eg. government intervention, Acts of God, fire, storm, flood, riot, industrial action, civil disturbance, war, national or local disaster, breakdown, strikes, labour disputes, epidemic and or pandemic, then the liability of the Caterer to the Client shall not exceed the amount paid by the Client for the Goods and Services. The Deposit shall be non-refundable, (being an approximation of the value of Goods and Services already rendered and or expenses incurred) and the Caterer shall (where the value of the Goods and Services already delivered to the Client or expenses incurred is greater than the value of the Deposit) be entitled to be paid additionally for all Goods and Services delivered to the Client up to that point. The Caterer shall not be liable for any additional losses incurred by the Client in such circumstances.
7.13 Deadlines outlined in your “Information Forms” must be met. Failure will result in a £70 administration charge per missed deadline.
7.14 For hired goods, the Client is liable for loss or damage at full replacement cost plus loss-of-profit for downtime. Safe use of hired equipment is the Client’s responsibility. Access for collection must be provided on the next working day after the Event.
7.15 The Caterer operates a zero-tolerance policy toward abusive, threatening, or antisocial behaviour by the Client or guests. In such cases, Services may be withdrawn immediately.
7.16 Nothing in these Terms creates a partnership or agency relationship.
7.17 These Terms and any dispute arising from them are governed by the laws of England and Wales.
