TERMS AND CONDITIONS

These Terms and Conditions are the standard terms for the provision of catering services to business customers by Chef Duet Catering Co, a sole trader registered at The Old School Rooms Bridge Street, Bridge Street Car Park, Bideford, Devon EX39 2BU (“the Caterer”)

1.1        Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or other means.

1.2        Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.

1.3        The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.

1.4        Where you are a Limited Company, we may require Director(s)/Controlling Shareholder(s) to guarantee your liabilities to us or provide suitable security for payment.  We reserve the right to suspend all work until satisfactory guarantees are provided.

1.5        Each reference to the singular number shall include the plural and vice versa.

1.6        Each reference to any gender shall include any other gender.

1.7        References to persons shall include corporations.

Definitions and Interpretations can be found in the attached Schedule 1

2. Information About Us

2.1       We may be contacted by email at donna@chefduet.co.uk and our contact number is 0345 116 6919.

2.2        We are a member of the Nationwide Caterers Association (NCASS). Membership No. 27494.

3. The Catering Services

3.1        We shall provide the Catering Services to You using reasonable skill and care consistent with best practices and standards in the catering market.

3.2        You have the option to request changes to the Catering Services up to 4 weeks before the Event starts, provided you do so promptly. We will make reasonable efforts to accommodate your requests. However, we cannot guarantee our ability to do so, especially if changes are requested shortly before the Event. We will notify you of any associated price increase if you propose a change. Before implementing the change, we will seek your approval to proceed considering the updated cost.

3.3        In the event of circumstances beyond our control necessitating a change in the Catering Services, we reserve the right to do so. We will promptly notify you and make every reasonable effort to minimise these changes. We aim to provide you with services as similar to the original as reasonably possible given the prevailing circumstances.

3.4        If it’s reasonably necessary for us to take preparatory steps after providing you with our Order Confirmation but before the Contract mandates the commencement of Catering Services, we are obligated to do so. These steps are essential to ensure the timely and accurate delivery of Catering Services, enabling the Event to proceed as scheduled. This obligation also applies under Clause 10, to avoid any confusion.

4. Price and Payment

4.1        The VAT-exclusive Price payable for the Catering Services will be calculated in accordance with Our invoice.

4.2        We are not VAT registered. If our VAT registration status changes during the term of this agreement, we commit to honouring the originally agreed-upon prices for all booked quotations or invoices issued before our VAT registration. Any applicable VAT will be added to new transactions or services provided after the effective date of our VAT registration. We will promptly notify you of any changes to our VAT registration status.

4.3        Before We begin providing the Catering Services, You will be required to pay a Deposit of 25% on account of the Total Price to secure the requested date. The due date for payment of Your Deposit is within 48 hours of receiving the invoice. This deposit is non-refundable except as outlined in Clause 11.6.

4.4        The balance of the Total Price will be payable 4 weeks before the event date.

4.5        You agree to the adjustment of the remaining balance to accommodate and reflect the final number of guests and final menu choices.

4.6        We accept payment in GBP in the following methods of payment – BACS payments to the account listed on the invoice.

4.7        Time shall be of the essence for payments under the Contract. If You fail to make any payment on its due date then We shall, without prejudice to any right which We may have pursuant to any statutory provision in force from time to time, have the right to charge You interest on any sums overdue until payment is made in full, both before and after any judgment, at the rate of 8% per annum over the Bank of England base rate from time to time in force as well as any statutory compensation. This provision shall apply without prejudice to and notwithstanding Clause 11.3.1.

4.8        If We are required to issue proceedings to recover any fees or disbursements and we are successful in such proceedings, You agree that you will pay our legal/advisory costs of such proceedings even if the amount claimed is suitable for the small claims track.

5. Details relating to provision of the Catering Services

5.1        If We require any information or action from You in order to provide the Catering Services, We will inform You of this as soon as is reasonably possible.

5.2        Should the information or action needed from you under Clause 5.1 be delayed, incomplete, or inaccurate, any resulting delays will not be our responsibility. If additional work is necessary on our part to rectify or compensate for mistakes arising from incomplete or inaccurate information or actions on your part, we reserve the right to charge you a reasonable additional fee for such work.

5.3        It is your responsibility to inform us of all dietary requirements no later than 4 weeks before the event date. We cannot accept liability for undisclosed or miscommunicated dietary requirements. Please ensure that you provide us with accurate and timely information regarding any dietary restrictions or preferences you may have.

5.4        We follow all relevant HACCP guidelines at all stages of food preparation including, but not limited to, production and handling.

5.5        We will deliver and set out the Food at the time and date specified in the Order Confirmation/invoice.

5.6        In the event that we fail to deliver the Food at the specified time and date stated in the Order Confirmation, except when your non-payment or material breach justifies such failure, you have the right to terminate the Contract.

6. Problems with the Catering Services

6.1        We always use reasonable efforts to ensure that Our provision of the Catering Services is trouble-free. If, however, there is a problem with the Catering Services We request that You inform Us in writing as soon as is reasonably possible.

6.2        We accept no responsibility for any adverse reaction to You or your guests with food intolerances or allergies whilst they are in the vicinity of the servicing or preparation area, or near other guests’ food.

6.3        It is Your responsibility to make Us aware of any food allergies or intolerances of any of Your guests at least 4 weeks prior to the event. These MUST be recorded on the Order Confirmation so that a suitable meal can be prepared separately from other food items.

6.4        Guests are responsible for adhering to the seating plan to prevent potential issues and risks related to allergies or intolerances among other guests. We accept no responsibility or liability for problems arising from guests changing seats and encountering food intolerance or allergies.

6.5        Guests MUST take their own responsibility around the service area, treating it as a potential risk to health, until clarification and confirmation have been sought from Us.

6.6        We will then use reasonable efforts to remedy any such problem with the Catering Services as quickly as is reasonably possible and practical.

6.7        We will not charge You for remedying a problem under this Clause where the problems have been caused by Us, or by any of Our agents, employees, or sub-contractors. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, Clause 5.2 will apply, and We may charge You for remedial work.

7. Insurance

We shall ensure that We have in place at all times suitable and sufficient public liability insurance in order to provide the Catering Services.

8. Liability and Indemnity

8.1        Except in cases of death or personal injury resulting from Our negligence, or instances of fraud or fraudulent misrepresentation, Our liability shall not extend to any loss of profit, loss of anticipated savings, or any indirect, special, or consequential loss. This limitation applies to any negligent or innocent misrepresentation, implied warranty, condition, or other term, as well as any express term of the Contract, or negligence or other duty at common law. We are not liable for any such losses, damages, costs, expenses, or claims arising from the acts or omissions of Us, Our agents, employees, subcontractors, or any other party in connection with the Contract or your use of the Catering Services provided for the Event.

8.2        You shall indemnify Us against all damages, costs, claims and expenses incurred by Us arising from loss or damage to any equipment (including that of third parties) caused by You or Your agents or employees.

8.3        If We are providing Catering Services on Your property and We cause any damage, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Catering Services.

9. Confidentiality

9.1        Both parties commit to maintaining the confidentiality of all designated Confidential Information. They shall not disclose, use for unauthorised purposes, make copies, or allow their representatives to breach these terms.

9.2        Exceptions to confidentiality include:

9.2.1 Permissible disclosure to subcontractors, suppliers, authorities, or employees when necessary for Contract-related purposes or as mandated by law. The disclosing party must inform the recipient about the confidential nature and secure a written undertaking aligning with the terms of this clause.

9.2.2 Use or disclosure of Confidential Information to the extent it becomes public knowledge, provided the disclosing party doesn’t reveal non-public aspects.

9.3        Confidentiality obligations endure even after the Contract termination, ensuring continued protection of sensitive information.

9.4        This condensed version maintains the key points while providing clarity on the parties’ commitments and the instances where disclosure is permissible. Adjust as needed to align with your specific circumstances.

10. Force Majeure

10.1      We shall not be deemed to be in breach of the Contract or liable for any failure or delay in performing Our obligations under the Contract where such failure or delay results from any cause that is beyond Our reasonable control (“Force Majeure”). Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war, governmental action, pandemic, epidemic, or other natural disaster, or any other similar or dissimilar event that is beyond Our control.

10.2      If Force Majeure prevents us from fulfilling obligations continuously for 4 weeks, either party may terminate the Contract with written notice. Upon termination, we retain incurred costs, a reasonable overhead contribution, and refund the balance.

10.3      We promptly notify You in writing of any Force Majeure event, estimating its duration and impact on Our obligations.

11. Term, Cancellation and Termination

11.1      The Contract shall come into force on the date of the Order Confirmation and shall continue from that date, subject to the provisions of this Clause and Clause 10.2.

11.2      Without prejudice to Your right to terminate this Contract pursuant to any other provision of this Contract, You may terminate this Contract pursuant to this Clause 11.2 at any time with immediate effect by giving written notice to Us referring to this Clause 11.2 provided that if You do give notice under this Clause 11.2:

11.2.1        Deposits are only refundable under clause 11.6;

11.2.3        if the notice is received by Us is as per the dates below, the following amounts shall become immediately due and payable to the extent that the same has not already been received by Us:

• less than 4 weeks before the start date of the Event, 100% of the Total Price payable (to take into account the final number of guests and menu choices that have been communicated by You to Us) shall become immediately due and payable to the extent that the same has not already been received by Us;
• more than 4 weeks, but less than 12 weeks before the start date of the event 50% of the Total Price payable.
• More than 12 weeks before the start date of the event 25% of the Total Price payable.

11.2.4        any additional costs reasonably incurred by Us in cancelling any arrangements connected with the Event shall be paid by You on demand.

11.3      Notwithstanding Clause 11.2, either Party may immediately terminate the Contract by giving written notice to the other Party if:

11.3.1        any sum owing to that Party by the other Party under any of the provisions of the Contract is not paid within 5 Business Days of the due date for payment;

11.3.2        the other Party commits any other breach of any of the provisions of the Contract and, if the breach is capable of remedy, fails to remedy it within 30 Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;

11.3.3        an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;

11.3.4        the other Party makes any voluntary arrangement with its creditors or, being a company becomes subject to an administration order (within the meaning of the Insolvency Act 1986);

11.3.5        the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or reconstruction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under the Contract);

11.3.6        anything similar to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;

11.3.7        that other Party ceases, or threatens to cease, to carry on business; or

11.3.8        control of that other Party is acquired by any person or connected persons not having control of that other Party on the date of the Contract. For the purposes of this Clause, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.

11.4      For the purposes of Clause 11.3.2, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.

The rights to terminate the Contract given by Clause 11.3 shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.

11.5      If we terminate this Contract before completing the services, we take full responsibility but have limited liability up to the amount paid under the contract. We will refund you the full amount paid up to the termination date.

11.6      14-Day Cooling Off Period (Business to Consumer Transactions)

1. As a consumer engaging in a business transaction with Us, for contracts not made on our premises, you have the right to a 14-day cooling-off period starting from the day the contract between the parties is formed and ends (with respect to our services) at the end of 14 calendar days after the contract formation date. During this period, you can cancel the contract without providing any reason, and you are entitled to a full refund of the amount paid.
2. If you wish to cancel the contract between Us, you should inform Us in writing without delay. We must receive the cancellation before the end of the 14-day period.

iii.  If You cancel the contract after the 14-calendar day cooling-off period has expired, please refer to Clause 11.2.3 above.

1. Please note that this cooling-off period applies exclusively to business-to-consumer transactions. If you wish to cancel the contract within this period, kindly notify us in writing or by email. Upon cancellation, we will process your refund as soon as possible and, in any case, within 14 days of receiving your notice.
2. Effects of Termination

Upon the termination of the Contract for any reason:

12.1      any sum owing by either Party to the other under any of the provisions of the Contract shall become immediately due and payable;

12.2      all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Contract shall remain in full force and effect;

12.3      termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Contract which existed at or before the date of termination.

12.4      subject as provided in this Clause 12 and except in respect of any accrued rights neither Party shall be under any further obligation to the other; and

12.5      each Party shall (except to the extent referred to in Clause 9) immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information.

13. How We Use Your Personal Information (Data Protection)

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from Our website.

14. No Waiver

No failure or delay by either Party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

15. Further Assurance

Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the Contract into full force and effect.

16. Complaints

We value your satisfaction and welcome any feedback you have regarding our services. If you have any complaints or concerns, please contact us as soon as possible (our contact information is in Clause 2). We are committed to addressing your issues promptly and finding a satisfactory resolution. Your feedback is invaluable in helping us improve our services.

17. Set-Off

Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Contract or any other agreement at any time.

18. Assignment and Sub-Contracting

18.1      We may transfer (assign) our obligations and rights under the Agreement to a third party (this may happen, for example, if we sell our business). If this occurs, we will inform you in writing. Your rights under the Agreement will not be affected and our obligations under the Agreement will be transferred to the third party who will remain bound by them.

18.2      You may not transfer (assign) your obligations and rights under the Agreement without our express written permission (such permission not to be unreasonably withheld).

18.3      obligations are undertaken by Us through any other member of Our team or suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of the Contract, be deemed to be Our act or omission.

19. Relationship of the Parties

Nothing in the Contract shall constitute or be deemed to constitute a partnership, joint venture, agency, or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Contract.

20. Third Party Rights

No part of the Contract is intended to confer rights on any third parties and accordingly, the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Contract.

21. Notices

21.1      All notices under the Contract shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.

21.2      Notices shall be deemed to have been duly given:

21.2.1     when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or

21.2.2      when sent, if transmitted by e-mail and a successful return receipt is generated; or

22.2.3      on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid.

In each case, notices shall be addressed to the most recent address or e-mail address notified to the other Party.

22. Entire Agreement

22.1      The documents comprising the Contract contain the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.

22.2      Each Party acknowledges that, in entering into the Contract, it does not rely on any representation, warranty or other provision except as expressly provided in the documents comprising the Contract, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

23. Severance

In the event that one or more of the provisions of the Contract is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Contract. The remainder of the Contract shall be valid and enforceable.

24. Dispute Resolution

24.1      In the event of a dispute, we are willing to consider Mediation or Arbitration. The cost of the proceedings, disbursements, facilities and fees are to be split between the parties. However, subject to the applicable Arbitration legislation, the Arbitrator may determine who shall be responsible for the costs of the Arbitration and shall set out that determination in any Award.

24.2      The Parties hereby agree that the decision and outcome of the final method of dispute resolution under this Clause shall be final and binding on both Parties.

25. Law and Jurisdiction

25.1      The Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

25.2      Subject to the provisions of Clause 25, any dispute, controversy, proceedings or claim between the Parties relating to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

SCHEDULE 1

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day” – means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business;

“Calendar Day” – means any day of the year;

“Catering Services” – means the catering services (including supply of Food) which are to be provided by Us to You as specified in Your Order (and confirmed in Our Order Confirmation);

“Confidential Information” – means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with Contract (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);

“Contract” – means the agreement for the provision of the Catering Services comprising Your Order, Our Order Confirmation and these Terms and Conditions;

“Deposit” – means an advance payment made to Us under Clause 4.3;

“Event”  – means the event hosted and organised by You for which the Catering Services are required as described in Your Order;

“Food”   – means the food that We will provide as part of the Catering Services;

“Order”  – means Your order for the Catering Services as attached;

“Order Confirmation” – means Our acceptance and confirmation in writing of Your Order;

“Price”   – means the price payable for the Catering Services;

“Total Price” – means the price payable as explained in Clause 4.2;

“We/Us/Our” –   means the Caterer and includes all employees and agents of the Caterer; and

“You/Your” – means the Customer.