TERMS AND CONDITIONS
“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 proposal (where more than one person, they shall be jointly and severally liable).
(“Client”)
- Definitions
In this agreement:
“Assignment” means the project of work for Goods and Services set out in the proposal.
“Deposit” means the advance payment to secure the date and to allow the Caterer to commence work on the Assignment and is described in clause 2.2
“Event” means the event where the Assignment is to be delivered by the Caterer.
“Booking Value” means the money owed to the Caterer by the Client for the Assignment.
“Fees” means money paid or owed to the Caterer by the Client
“Goods” means the goods provided by the Caterer as part of the Assignment.
“Services” means the services provided by the Caterer as part of the Assignment.
“Terms” means these Terms and Conditions.
- Price and payment
2.1. The price for the Assignment is set out in the proposal. Your deposit invoice will show your booking value. VAT at the prevailing rate from time to time is included in the price we quote. Should the chargeable VAT rate be different on the date that the final invoice is raised, then this change will be passed on to the Client. The booking value includes the design and creation, planning, baking and delivery of Goods, and all ancillary Services to complete the Assignment. The booking value excludes any expenses that will be incurred by the Caterer, unless otherwise agreed in writing by the parties. The booking value and any expenses shall be the Fees of the Caterer.
2.2 A Deposit of 50% of the booking value shall be paid upon entering this agreement. The Deposit is to secure the date for the delivery of the Assignment and the preparation time for Goods and Services required to deliver the Assignment. The Caterer’s invoice for the Deposit will follow – please refer carefully to Clause 3.
2.3 A final payment of the balance of the booking value, shall be paid at the latest 14 days before the Event and all Fees shall be paid in advance in full.
2.4 Where the proposal is for a two-wave food service the price is based on a maximum three-hour break between the end of the first food service and the beginning of the second food service. Should you require a longer break the prices will be affected.
- Cancellation of agreement and the Deposit
3.1. Once the Deposit has been paid, the Assignment can be cancelled by either party in writing or by email subject to the matters set out in this clause.
3.2 3.2.1 If the Caterer cancels the Assignment, except under clause 3.2.2, the Fees paid at the time of cancellation will be repaid to the Client within 14 days of cancellation and no further sum or compensation will be payable to the Client by the Caterer arising from such cancellation.
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 of any of the Terms and fails to remedy the breach within 14 days of being notified in writing, 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 3.3.1 If the Client cancels the Assignment 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 Assignment 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 Assignment 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 Assignment 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.
3.3.5 If the Client cancels the Assignment 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.
3.3.6 If the Client cancels the Assignment 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.
3.3.7 If the Client cancels the Assignment 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.
3.3.8 If the Client cancels the Assignment 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 Assignment.
4.1 The Client acknowledges that the Caterer owns all right, title and interest in and to any designs or menus created in the Assignment.
4.2 The Caterer reserves the right to use images of the menus and Goods created during the Assignment 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 ingredients choices are subject to artistic licence and the Client acknowledges this in placing their order.
4.4 If, for any reason, the design or menu has to be changed more than marginally, then the Caterer will agree this in advance with the Client. This will incur additional Fees.
4.5 Ingredients changes by the Client will only be accepted up to 28 days prior to the Event, and entirely at the sole discretion of the Caterer and subject to availability. This may incur additional Fees.
4.6 If there are any complaints about the design or appearance of the Goods, they must be expressed at point of collection, or made in writing to the Caterer within 7 days of the Event.
4.7 Date changes or postponement of the Event must be submitted in writing and the new date is subject to our availability. If the new date cannot be accommodated by the Caterer, this will be deemed a cancellation by you and clause 3 will apply, unless we agree otherwise in writing.
4.8 Quotations are based on minimum numbers. Final numbers for catering purposes must be received in writing from the Client by the Caterer at least 28 days before the Event.
4.9 If numbers upon which the quotation is based increase, or decrease, the Caterer reserves the right to change their price and/or increase their quoted price per head accordingly.
- Allergies
5.1 The Caterer will not be held responsible for any allergies or reactions caused by our Goods. Our Goods can be made without certain allergens or ingredients, but our Goods are still made in a kitchen using some or all of these allergens or ingredients, and regrettably the Caterer cannot therefore guarantee the absence of traces of them.
5.2 It is the Client’s responsibility to inform consumers of any risks.
5.3 It is the Client’s responsibility to inform the Caterer in writing of any dietary requirements or allergies/intolerances/preferences at the time of booking or at latest 28 days before the Event. The Caterer cannot accept any liability for allergies or reactions where they have not been advised of such risks.
5.4 The Caterer will only accept an Assignment subject to the limitations set out in this clause.
- Delivery and Damage
6.1 Transportation: Once the Goods for the Assignment have been handed over to the Client for transportation, or if the Client is to collect the Goods for the Assignment, the Caterer cannot be held responsible for any damage to the Goods that may be caused during transportation or carriage.
6.2 Any time or date stated for delivery or removal of Goods required in the Assignment is an estimate only and shall not be of the essence of the contract.
6.3 Delivery and collection will be attempted to the venue or facility holding the Event, or otherwise as agreed in writing.
6.4 If the Caterer leaves Goods at the venue after the main service is concluded which are consumed later during the day, or if the Client requests that any Goods be left or if Goods are taken away by the Client (or their agents) for consumption or use after the Event, the Caterer gives no warranty or assurance regarding safe consumption, storge, reheating, or other use, nor will the Caterer give advice about such matters, and therefore any consumption, storage or use of the Goods post main service and Event is entirely at the exclusive risk of the Client.
6.5 The Client is responsible for any loss or damage caused by the Client or their guests, agents or representatives, to any equipment provided by the Caterer as part of and/or during the Assignment, and loss or damage shall be charged to the Client at full replacement cost.
- General Conditions
7.1 Payment of the deposit by the Client will constitute an acceptance in full of the Terms and you the Client are indicating that it is your express wish to enter into this contract with the Caterer.
7.1a The Caterer shall use reasonable endeavours to meet any performance dates, but times shall be estimates only, save for the date of the Event itself
7.2 Quotations and prices are provided based on costs prevailing at the time of quotation and are conditional on market and availability. Slight reasonable variations to the Services and Goods provided as part of the Assignment, and the price, may be made by the Caterer and/or can be agreed in writing by both parties.
7.3 Variations to the Assignment, or to the Services, may only be agreed in writing. Services outside the scope of the proposal will attract additional Fees.
7.4 The Fees will be paid after invoices rendered from time to time. Payment terms are 14 days, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time the Services may be suspended and payment in advance may be required before the Services are re – commenced.
7.5 The Caterer reserves the right to require some or all of the Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing. If payment is not made in accordance with the above clauses, the Caterer reserves the right to charge an administration fee of £70 to late payments together with interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
7.6 Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our privacy notice on our website.
7.7 The Caterer will use reasonable care and skill in providing the Goods and performing the Services.
7.8 The Caterer’s liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.
7.9 In respect of any other direct losses (in Contract or Tort) the total liability of the Caterer will not exceed the return of all payments received, and thus the limit of liability shall not exceed the value of the Fees paid.
7.10 Nothing in these Terms will exclude or limit liability for death or serious injury caused by the Caterer’ negligence.
7.11 The Client grants to the Caterer consent to use any work including photographs created as part of the Services to show off their Services and designs, together with the right to display images as part of their portfolio and to write about the Services on websites, and in their marketing materials. If the Client does not wish to grant this consent, they must confirm this in writing at least 28 days before the event.
7.12 If the Caterer is limited or hindered from providing Goods or Services booked by the Client 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 Due to the heavy impact on administration and event organisation schedules that missed deadlines create, the deadlines outlined on your Need to Know Lists must be met. Unfortunately, failure to meet the deadlines will result in an administration charge. This charge will be £70 inclusive of VAT and relates to each deadline separately.
7.14 In relation to hired goods the Client is liable for any loss or damage to the hired goods during the hire period. Loss, breakage or damage will be charged at current purchase cost price. In addition to the obligation to pay the replacement cost for any loss or damage you are liable to a genuine pre- estimate loss of profit that would have applied should the equipment have remained in full working order until it is replaced or fixed. The Caterer shall use reasonable commercial endeavours to purchase replacements for such items as quickly as possible using monies paid. The safe use of all hired equipment is the sole responsibility of the hirer once the equipment is on site. Alteration to any appliance in any manner whatsoever is not permitted. Hired goods will be collected from the Event location on the next working day that follows the Event location. It is the Client’s responsibility to ensure that access for collection is available on this day. Any costs incurred due to an inability to collect will be payable by the Client.
7.15 NOTE: The Caterer operates a zero-tolerance policy to antisocial or abusive behaviour by the Client or their guests. If the Caterer, or their staff, are subjected to unacceptable levels of verbal abuse, drunken or lewd behaviour or actual perceived threats, we shall be entitled to immediately withdraw the Services and leave the Event Site.
7.16 Nothing in these Terms is intended to create a partnership or joint venture between the Caterer and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
7.17 These Terms and any dispute arising from them shall be governed by the laws of England and Wales.