Terms & Conditions
Black Butter Catering Ltd. (company number 11983562) whose registered office address is Old ACRU Words, Demmings Road, Cheadle, SK8 2PG)
The customer or customers that received the proposal (where more than one person, they shall be jointly and severally liable).
In this agreement:
“The Assignment” means the project of work, goods and services set out in the proposal.
“The Event” means the event where the Assignment is to be delivered by the Caterer.
- Price and payment
2.1. The Price for the Assignment is set out in the proposal. VAT costs are not applicable at the time of issuing this document.
The Price includes the design and creation, planning, baking and delivery of food, and all ancillary services to complete the Assignment. The Price excludes any expenses that will be incurred by the Caterer, unless otherwise agreed in writing by the parties.
2.2 A deposit (“the Deposit”) of 25% of the Price shall be paid upon entering this agreement. The Deposit is to secure the date for the delivery of the Assignment and the preparation time 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 75% of the Price being the balance of the Price, shall be paid at the latest 28 days before the Event and all Fees shall be paid in advance in full.
- 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 If the Caterer cancels the Assignment, 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 payable to the Client by the Caterer arising from such cancellation.
3.3 Cancellation by the Client
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 14 days after entering this agreement but more than 3 months before the Event then the Deposit shall be forfeited, any work undertaken by the Caterer or expenses incurred as at the date of cancellation must be paid by the Client, and those paid shall also be non-refundable. No further sums will be due from the Client to the Caterer.
3.4 If the Client cancels the Assignment less than 3 months before the Event but more than 28 days before the Event then the Deposit will be forfeited. Any work undertaken by the Caterer and any expenses incurred as at the date of cancellation must be paid by the Client, and those paid shall also be non-refundable. In addition, a cancellation fee will be immediately due, which shall be 80% of the Fees less any sums already paid.
3.5 If the Client cancels the Assignment less than 28 days before the Event then the Deposit will be forfeited. Any expenses incurred as at the date of cancellation must be paid by the Client, and those paid shall also be non-refundable. In addition, a cancellation fee will be immediately due, which shall be 100% of the Fees less any sums 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’ discretion and are not grounds for a refund. All designs and ingredients choices are subject to artistic license 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 14 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 to the Event must be submitted in writing and the new date is subject to availability. If the new date cannot be accommodated by the Caterer, this will constitute a cancellation and clause 3 will apply
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 14 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.
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 the latest 14 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.
6 Delivery and Damage
6.1 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, once the goods for the Assignment have been handed over to the Client for transportation.
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 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 Verbal or email instructions by the Client to proceed will constitute an acceptance in full of these Terms and Conditions.
7.2 Quotations and prices are provided based on costs prevailing at the time of quotation and are conditional on market and availability.
7.3 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.
7.4 The Fees will be paid after invoices rendered from time to time. Payment terms are 7 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 £50 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 performing the services.
7.8 The Caterer’s liability in respect of any loss of good will, 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 services provided.
7.10 Nothing in these Terms will exclude or limit liability for death or serious injury caused by the Caterer’ negligence.
7.11 The services may 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 these 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.
7.12 The Caterer shall not be liable for any breach of contract due to force majeure.
7.13 Nothing in these terms are 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.
7.14 These terms and any dispute arising from them shall be governed by the laws of England and Wales.