Papi`s Pollos LTD T/A SUSSEX CHEF – Client Terms and ConditionsClick here to download these terms and conditions
These are the standard Client Business Terms and Conditions of Papi`s Pollos LTD T/A SUSSEX CHEF (SC), and all work undertaken by SC shall be on these terms unless specifically varied in writing and agreed to by both parties prior to the event.
1. Function Booking Details
1.1 All bookings will be regarded as provisional until a signed copy of these Terms & Conditions has been received from the client, along with a non-refundable deposit for the required services (as set out in Clause 2.4 below), and only if accepted by SC will the booking be confirmed. SC is not under any obligation to continue holding provisional bookings beyond the given option date (usually 10 working days from the time of booking), if these have not been received. For the purposes of this Agreement “working days” shall mean Monday to Friday inclusive.
1.2 Guaranteed final minimum numbers are required 20 working days prior to the start of the event. Where catering is being provided, a minimum chargeable number for catering purposes applies for each booking and the final invoice will be based on whichever is the greater of these two figures. The client may not, without the prior written agreement of SC bring any food, drinks or spirits for use during the catering of an event.
1.3 The client must give SC details of the final menu choice, final number, timing, and any special requests 20 days before the event date.
1.4 SC retains the right to charge for any non-attendees at full price. Should there be any increase in numbers than those set out in the written proposal overleaf, then SC reserves the right to revise the price accordingly and such will amount to an agreed variation of this Agreement and be binding on the parties.
1.5 If the Client requires extra facilities, staff and catering, SC will do it’s best to accommodate the client, but can give no guarantee. If the client requires fewer facilities or reduces the number of guests below the guaranteed minimum number per contract, the client will need to pay the cancellation charges in accordance with clause 6 below.
2. Price & Payment
2.1 All prices quoted by SC may be amended with notice given to the Client in the event of errors or omissions in any proposal or where an increase is caused by a change in the circumstances beyond the reasonable control of SC.
2.2 Any query arising from an invoice must be notified to SC in writing by the Client within 10 working days of the invoice date. Failure to comply will render the full invoice payable on the due date.
2.3 It is strictly the responsibility of the representative of the Client confirming the booking to inform all interested parties of the payment terms, as set out by SC.
2.4 Deposit – Unless otherwise agreed by the parties a non-refundable deposit of £2000 or 50% of the total fee payable (including VAT) whichever is less, as quoted and agreed in the written proposal (attached), of any event or programme shall be payable on confirmation of the order. The remaining shall be known as the “balance”.
2.5 Balance Due – Unless otherwise agreed by the parties the balance of the total fee shall be payable 20 working days prior to the event date. The client will be invoiced two weeks prior to the function and the final balance must be made and cleared prior to the function date. Payable by bank transfer, cash or cheque. Any late payments will be subject to interest at 5% per month calculated daily until the monies are received plus any expenses involved with recovering the debt.
2.6 Additional Expenses – any additional expenses or fees, not quoted in the agreed proposal, but subsequently incurred by SC, will be invoiced separately after the event. Payment will be due within 5 working days of presentation, any queries thereon raised within 3 working days of presentation and payment shall be made in accordance with Clause 2.9. SC will make every effort to inform and agree any additional expenses or fees with the client prior to being incurred. This include but are not limited to costs such as loss or damage to hire goods (see 3.1), loss or damage to SC’s equipment and stock, any additional staff costs in the event that timings are altered from the original quote and timing sheet, which results in staff hours being increased to fulfil the requirements for the event.
2.8 Late Bookings – Should a booking be made within 20 working days of the event date, payment in full will be required to secure the event.
2.9 Methods of Payment:
Bank transfer: Details for this are on your quote.
The Client must inform SC in writing (preferably by e-mail) of any bank transfers
Cheque payable to County Tastes LTD
All cheques incur a £5 charge
Please send to Unit 19-20 Sheffield Park Industrial Estate, Uckfield,TN22 3FB
All major credit cards and debit cards are accepted through our invoicing system
We do not take card payments over the telephone.
3. Catering Equipment Hire
3.1 If Sussex Chef is hiring equipment on the client’s behalf from a third party, the risk in the hire of these goods will pass to you the client when they leave the physical possession or control of the third party supplier upon delivery and until they are physically returned to the supplier. Unless there is any written agreement with SC to the contrary any loss or damage to the hire goods is the full responsibility the client. You will be invoiced by SC for the replacement cost of any third party hired goods that are lost, stolen and or damaged beyond economic repair in accordance with the third party supplier’s losses/damages invoice following the return of their hire. As such for large events we advise our clients to take out suitable insurance in the respect of the hire of goods.
3.2 SC will only be responsible for any losses, breakages and any other charges within reason when using their own equipment if it is the fault of SC’s own staff. The client is responsible for any losses, breakages and any other charges within reason if the fault is with themselves, their guests or any other parties who are not working for SC.
3.3 If the client hires their own equipment or uses equipment at their chosen venue SC is not responsible for any losses, breakages and any other charges within reason.
4. Bar Hire & the Sale of Alcohol
SC adheres to The Licensing Act 2003, and all relevant restrictions will be upheld by our staff for all our bar work.
4.1 It is illegal for anyone under the age of 18 to purchase, attempt to purchase or consume alcohol at the event. We advise that any guests who could be thought to be under the age of (21) bring photographic ID/ proof of age or they will not be served.
4.2 SC will refuse to serve anyone at the event who is or appears to be excessively drunk or uses threatening or abusive behaviour towards staff, customers or other guests.
4.3 SC will refuse to serve anyone who purchases or attempts to purchase alcohol for someone under the age of 18 or someone who has previously been refused alcohol by the bar staff. The decision on such matters will be taken by the bar staff and will be final.
4.4 With reference to 4.1 and 4.3 there is an exception that during a sit down meal and only at the table it will be allowed for 16 – 17 year olds to have an alcoholic drink, but only on the condition that they are eating a full meal and being supervised by an adult. Once the meal has finished no- more alcohol will be served to these individuals.
4.5 The bar staff reserve the right to close the bar at any time if in their opinion unruly or troublesome behaviour has arisen or is likely to arise within the venue or its environs.
4.6 SC will be the sole provider of all beverages at the event unless previously agreed in writing. It will not be permitted for anyone to consume their own drinks at the event.
4.7 SC will obtain on behalf of, and at no cost to, the client, any alcohol license required for the event subject to there being no reason for any required license being refused by the Licensing Authority.
4.8 Bar opening times will be subject to approval by the relevant authorities.
4.9 SC will supply all equipment, staff and drinks in accordance with the agreed quotation with the client. Clause 3 also applies to bar hire equipment and glassware.
4.10 SC will require a 13amp power supply at or near to the bar location.
4.11 No alcohol shall be taken off the premises of the licensed area by the client or their guests.
5. Parking & Access
5.1 SC will be allowed sufficient access to the venue prior to the start of the event to provide and assemble the required goods and equipment and sufficient time between the end of the event and having to vacate the venue to enable all goods and equipment to be dismantled, removed and loaded into waiting vehicle/s.
5.2 SC use a combination of vehicles, their size (height/width) and number being governed by the size of the event. These vehicles must be able to manoeuvre and park close to the venue entry/exit doors for unloading on arrival and reloading at the end of the event. It is therefore essential that no parking restrictions apply.
5.3 You the client will be responsible for payment of any parking fees or any non-endorsable fines if they are incurred by SC.
5.4 Vehicles can be moved to a close and convenient parking area once they have been unloaded if required.
5.5 Under no circumstances will SC park or unload in any area where our vehicle(s) may be towed away, clamped, locked in or where we may be liable for an endorsable penalty/commit an endorsable offence. The decision of our driver(s) shall be final with regard to any issue relating to parking, or vehicle/staff safety. Should any issue arise relating to these matters, our driver(s) will contact you or your appointed event representative in order to discuss suitable alternatives.
6.1 SC does not accept any liability for non-completion or delays of the event in the unlikely result of adverse weather conditions, traffic accident or road closure, civil riots or strikes. Fire, flood or any other act of god or natural disaster, or any other event which is beyond the reasonable control of SC
6.2 Clause 6.3 applies to the following: where the client (a) cancels the entire event, (b) cancels partial use of the facilities for the event or (c) reduces the duration of the event as a result of which the contracted value is reduced.
6.3 Should an event be cancelled by the client, the following cancellation charges will apply and extend to the total charge which includes: any required accommodation, function room hire, equipment, pre-booked food and beverage charges. In addition, the client will settle any third party charges incurred by SC on behalf of the client.
CANCELLATION CLAUSE %
from booking to 121 working days prior to the event – 100% of deposit
120 to 61 working days prior to the event – 60% of total balance
60 to 21 working days prior to the event – 80% of total balance
20 working days or less prior to the event – 100% of total balance
6.4 All cancellations must be received in writing from the client and will be deemed to take effect from the date of receipt.
6.5 SC reserves the right to cancel the client’s booking if there has been a significant change in the client’s original contract. Written notification will be sent to the client.
6.6 Any postponements of confirmed and contracted business will be considered as a cancellation in accordance with the above cancellation clause. However, provided the revised event date is agreed and takes place within 130 working days of the original event date, payments received by SC from the client may, at SC’s discretion, form a credit towards the future event. The client shall, in that eventuality, be liable for any and all costs or expenses incurred by SC as a direct result of the postponement.
7 Indemnity & Insurance
7.1 SC confirm that Public Liability and Product Liability Insurance is in place. A limit of £5,000,000 applies to all incidents arising during any one annual period of insurance. This limit is automatically increased to cover any agreement or contract where a higher limit is required but subject to a maximum limit of £10,000,000 in any one year. Conclusive evidence of fault with SC will need to be provided for any claim.
7.2 SC cannot be held responsible for equipment at a venue that is made available to use. SC will offer the client the opportunity to hire their own or a third parties’ equipment. In the event that this is does not occur SC cannot be held responsible for any delay in the timings of the day due to the malfunction of equipment at the venue.
7.3 When the client hires a venue any property and effects in the premises belonging to the Hirer will be at their sole risk, and unless otherwise agreed with SC.
8. Maintenance of Good Order
The Client shall be responsible for the maintenance or good order and ensuring adequate responsible persons for the proper supervision of the function.
9. Electrical Safety
SC will carry an up to date PAT test certificate. This will cover equipment brought in by SC only. Third party hirers will only be used it they also PAT test their electrical equipment.
10.Health & Safety
SC is responsible to ensuring that the service rendered is compliant with Health & Safety regulations and a full risk assessment is done prior to the event.
11. Services and Alterations
SC shall make no additions or alterations to the water, gas, electrical or audio equipment and no structural alterations shall be made to the fabric of the building, nor any of the installations, furniture, fixtures or other property at the venue. No materials or equipment requiring attachment to the fabric of the venue shall be installed without prior express permission in writing and upon such terms and conditions.
12. Force Majeure
SC shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside of their reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery, and SC shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Any complaint by the Client in respect to the service provided by SC or of arrangements there with shall be made to the Management of SC on the day of the event and if not rectified to the client’s satisfaction, then in writing within 7 days of the date of the event.
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties