1.1 The Client requires catering services and is of the opinion that the Caterer has the necessary qualifications, experience and abilities to provide services to the Client.
1.2 The Caterer is agreeable to providing such catering services to the Client on the terms and conditions set out in this Agreement.
1.3 In consideration of the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Caterer (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
2. SERVICES PROVIDED
2.1 The Client hereby agrees to engage the Caterer to provide the Client with the following catering services (the "Services"): Daily meal – main course and optional dessert, as per the weekly booking form.
2.2 The order is to be delivered to the client’s address as per the booking form.
2.3 The time for delivery lunch time between 11.30am and 2.30pm.
2.4 The Services will also include any other catering tasks which the Parties may agree on. The Caterer hereby agrees to provide such Services to the Client.
2.5 Any changes to the menu in terms of ingredients/dish/days may be refused or will be accepted at the discretion of the Caterer only.
2.6 The Client must confirm the number of meals, specific dietary requirements
3.0 TERM OF AGREEMENT
3.1 This Agreement is of full force and effect from the date of this Agreement until the date of delivery/collection is over, subject to cancellation as provided in this Agreement.
3.2 In the event that either Party wishes to cancel this Agreement, they may do so at any time, however, that Party must provide written notice to the other Party at least 7 days before the delivery date.
4.1 The Caterer/representative or employees are not liable for: damage to food not caused by the Caterer, property damage, client injury, harm caused by eating plastic accessories, post-delivery damage, and allergic reactions.
5.1 The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
6.1 Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
7.1 The Caterer will charge the Client for the Services as follows (the "Payment"): Main course - £8.50 per person per day. Dessert - £3.50 per person per day. No delivery charge
7.2 Invoices submitted by the Caterer to the Client are due upon receipt and in advance of the delivery.
7.3 In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Caterer will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of the Caterer.
7.4 The Caterer will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Caterer will indemnify the Client in respect of any such payments required to be made by the Client.
7.5 The Caterer will be solely responsible for the payment of all remuneration and benefits due to the employees of the Caterer, including any National Insurance, income tax and any other form of taxation or social security costs.
7.6 Payment methods accepted: Telephone or BACs.
7.7 Penalties for late payment: any late payments will trigger a fee of 8.00% per month on the amount still owing.
8.0 REFUND POLICY
8.1 Please note that all orders are non-refundable due to their nature.
8.2 We strongly suggest that you inspect your food on at point of delivery. In the unlikely event the food stuffs are damaged, our delivery team will take away the damaged goods immediately and you will receive a replacement/refund as appropriate. Claims of damage will not be accepted after hand-over.
9.1 Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
9.2 The Parties each agree that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information belonging to the other Party which they have obtained through the operation of the Agreement, except as authorised by that Party or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will end on the termination of this Agreement except in the case of any Confidential Information which is a trade secret in which case those obligations will last indefinitely.
10.0 OWNERSHIP OF INTELLECTUAL PROPERTY
10.1 All intellectual property including recipes, designs & menus (the "Intellectual Property"), equipment that is used, developed or produced under this Agreement, will be the property of the Caterer.
10.2 Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Caterer.
10.3 Sweet Things Savoury reserves the right to use photos of your meal(s) for our portfolio, please notify us if you do not agree to the use.
11.0 RETURN OF PROPERTY & EQUIPMENT
11.1 Except as otherwise provided in this Agreement, the Caterer will provide all supplies necessary to deliver the Services in accordance with the Agreement.
11.2 Please wash and dry your food cartons and recycle.
12.0 CAPACITY/INDEPENDENT CONTRACTOR
12.1 In providing the Services under this Agreement it is expressly agreed that the Caterer is acting as an independent contractor and not as an employee. The Caterer and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.
13.1 Except as otherwise provided in this Agreement, the Caterer will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Caterer will work autonomously and not at the direction of the Client. However, the Caterer will be responsive to the reasonable needs and concerns of the Client.
14.0 NO EXCLUSIVITY
14.1 The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, before or after the order, to engage or contract with third parties for the provision of services similar to the Services.
15.1 All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
Client: address as per booking form.
Sweet Things Savoury 33 Gaultree Square, Emneth, Wisbech, Cambridgeshire, PE14 8DA
or to such other address/email addresses as either Party may from time to time notify the other.
16.1 Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement.
16.2 This indemnification will survive the termination of this Agreement.
17.0 MODIFICATION OF AGREEMENT
17.1 Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
18.0 TIME OF THE ESSENCE
18.1 Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
19.1 The Caterer will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client, except in the event the Caterer chooses to sell the business.
20.0 ENTIRE AGREEMENT
20.1 It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
21.1 This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
22.1 Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
23.1 Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
24.0 GOVERNING LAW
24.1 This Agreement will be governed by and construed in accordance with the laws of England.
25.1 In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
26.1 The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.