1 'The Company' means Rococo Canapés Ltd also
trading as Rococo.
2 'The Client' shall mean any person, body of
persons, firm or company that The Company enters into The Contract
for the provision of goods and or services.
3 'The Contract' means any such Contract between
The Client and The Company
4 'The Price' Shall mean the total amount payable
by The Client to The Company for goods and services, including that
of Sub-Contractors, specified in The Contract. All prices are quoted
inclusive of VAT where applicable.
5 ‘The Cost of Goods’ means the amount
payable under The Contract
specifying and relating only to the amount for provision of the
food by way of the menu.
6 'The Service' means any goods or service to
The Client as specified in The Contract.
7 ‘The Event’ means the day or days
of The Event as specified in The Contract.
8 ‘Sub Contractors’ shall mean any
service or goods other than that of The Company, supplied by a body,
body of persons firm or company under The Contract to The Client.
8.1 ‘The Company’ accepts no responsibility
or liability in respect of any Sub Contractor, the Sub Contractors
staff or representative, service or equipment engaged for The Client
in any part for damage or loss.
8.2 In the case of suitability The Company will
use it’s best endeavours to employ a suitable Sub Contractor
for the provision of goods and services for The Event.
8.3 In all cases the Sub Contractors Terms and
Conditions will apply directly to The Client even when contracted
by The Company for the provision of goods and services under The
Contract.
9 ‘Event Location’ Access will be
required to The Event Location by The Company, it’s staff,
representatives and Sub Contractors prior to and after The Event
for the purpose of setting up and clearing away.
9.1 Should restrictions apply by The Client and
their representatives or The Event Location and their representatives
to The Company, it’s staff or representatives or Sub Contractors,
in carrying out their obligations under The Contract resulting in
delay and subsequent additional cost, this cost will be charged
to The Client.
9.2 Should The Company assist The Client in finding
an Event Location for The Event, suitability of The Event Location,
in all cases, lies with The Client.
9.3 All terms & conditions laid down by The
Event Location are the responsibility of The Client with The Company
acting on The Clients behalf. The Company, it’s staff and
representatives will at all times endeavour to work accordingly
in the best interests of all parties concerned.
10 ‘Terms and Conditions’ refers
to these Terms and Conditions herewith.
11 ‘Acceptance’ shall mean agreement
of The Contract by The Client by verbal or written confirmation
or by payment of The Deposit and deemed to constitute unsolicited
acceptance of The Terms and Conditions.
12 ‘Deposit’ On agreement of The Contract,
written or otherwise, The Client is liable to immediate payment
of The Deposit. This shall be 30% of The Price.
12.1 Should there be a change to The Contract
creating an increase to The Price by more than 10%, the full increase
will become immediately payable. Where a reduction to The Price
applies there will be no proportional refund of The Deposit. This
will be taken into account on the final invoice unless the situation
occurs as specified in paragraph 16, 16.1 & 16.2.
12.2 Upon prior agreement with The Company and
The Client under The Contract, it may be necessary for The Company
to increase The Deposit to a sum in excess of 30% of The Price.
This should cover higher upfront cost to The Company say in the
event of high Sub Contractor or supplier costs.
13 ‘Payment’ The balance of The Price,
or the total amount of an other charge, (see paragraph 17) is payable
no later than 30 days of The Event without exception.
14 ‘Late Payment’ If payment has not
been received by thirty days after The Event, The Company reserves
the right to charge interest at the rate of 3% over the base rate
of National Westminster Bank plc as current at the time payment
is due on any outstanding balance. The Company also reserves the
right to charge any other reasonable cost incurred in connection
with collection of any Late Payment.
15 ‘Cancellation’ In the event of
any situation placed on The Client causing cancellation of The Contract,
The Company, without prejudice will levy a cancellation charge to
The Client. Cancellation up to 30 days of The Event a charge will
be incurred for out of pocket costs to The Company in the case of
travel, planning, staff and food. Where money has already been paid
by way of a deposit, costs will be deducted from that money prior
to a refund to The Client.
15.1 Cancellation between 30 days and one week
of The Event will result in The Company charging up to 100% of The
Price. The Company will cancel all staff, Sub Contractors and will
forward any moneys to The Client from such cancellations. (In the
case of Sub Contractors please refer to paragraph 8.3).
15.2 Cancellation of one week or less of The Event,
The Client will be accountable for 100% of The Price. The Company
will cancel all staff, Sub Contractors and will forward any moneys
to The Client from such cancellations but taking into account any
additional out of pocket costs or losses (In the case of Sub Contractors
please refer to paragraph 7.3).
16 ‘Contract Changes’ within seven
days of The Event. If there is a decrease in Guest numbers there
may be no reduction in The Price as provision will already have
been made by The Company, Sub Contractor or service provider under
The Contract.
16.1 Should a facility or service no longer be
required for The Event but already specified in The Contract then
cancellation terms will apply as in paragraphs 15, 15.1, 15.2, 15.3
& 16.
16.2 Should an additional facility or service
be required not specified within The Contract within seven days
of The Event a levy may be charged by The Company or the Sub Contractor
for working outside or performing outside of their reasonable working
practice in order to provide such facility or service.
17 Damage or Loss. In any event should there be
damage or loss to equipment, whether accidental or malicious directly
to The Company, Sub Contractor or the Event Location, The Client
will be held responsible. Particular note should be made in the
case of hire ware such as glasses etc. All breakages and unreturned
equipment will be charged to The Client in full and may be made
under separate invoice. Terms then apply as in paragraphs 13 &
14.
18 ‘Other‘ Where staff are employed
beyond 11.30pm they will be entitled a taxi home payable by The
Client. On occasion The Company may arrange a mini bus service to
allow a number of staff to travel together. This too will be payable
by The Client if staff work beyond 11.30pm. A travel allowance may
otherwise be payable should another member of staff, using their
own vehicle, transport other members of staff home.
18.1 Staff will be required both before and after
The Event. This is to assist in setting up and clearing away. The
Company will use it’s discretion in employing staff to ensure
their best practical use and minimise the cost to The Client.
18.2 Should The Event continue beyond The Contract
time, staff will be charged at their hourly rate for any hour or
part hour thereafter. If this were to take staff beyond 11.30pm
they will be charged at time and a half. Terms then apply as in
paragraph 18.(It should be noted that staff are booked as per The
Contract time and are not always able to be retained beyond this).
18.3 All staff will be charged for a minimum of
four hours, including setting up and clearing away.
18.4 Unless in the case of proven gross negligence
by The Company or malicious conduct or behaviour, no reimbursement
for loss, damage or expense shall be made by The Company to The
Client.
18.5 Where if any, liability is accepted, it applies
only to that of The Services provided under The Contract. That liability
shall be no greater than The Cost of Goods.
18.6 The Company maintains both Public Liability
Insurance and Employees Liability insurance.
18.7 It is the responsibility of The Client to
obtain insurance to cover, in any event, liability to The Company,
Sub Contractors, The Event Location or their Guests.