<%@LANGUAGE="JAVASCRIPT" CODEPAGE="1252"%> Agreement and Contract

 

 

 

 

 

                                        Personal Chef Catering contractor’s terms and conditions

 

 

These terms and conditions regulate the business relationship between you and us. 
By accepting our offer to supply food and / or drink, you agree to be bound by them.

 

We are: Personal Chef UK Ltd

Our address is:  401 Centre Regent Street London  

 

 

You are

Your address is:                                                                           (“you”, “the Client”)

 

 

The terms and conditions

 

  1.         Definitions

 

The “Event”                       means the time date and place set out in our offer to supply and accepted by you.

 

The “Price”                        means the price accepted by you for the supply of the Food and Drink at the Event.

 

The “Food

and Drink”                         means the food and drink set out in the offer made to you and which you have accepted.

 

 

  1.         Chef’s status

         

    1.      I am an independent contractor.  I acknowledge that this agreement does not constitute an employment contract between you and me.

 

    1.      I agree that I will be responsible for my own income and other tax liability and national insurance in respect of my fees and I hereby agree to indemnify you in respect of any claim that may be made by any tax authority against you in respect of income or other tax or national insurance relating to the Caterers services under this agreement.

 

 

  1.         Payment of the Price

 

    1.      A deposit of 75% of the Price shall be paid at least 10 days before the date of the event.

 

    1.      The balance of the Price shall be paid without deduction for any reason on the day of the Event, on delivery of and before consumption of food.

 

 

  1.         Cancellation

 

    1.      If you cancel less than 28 days before the date of the Event, you will pay us 75% of the Price.

 

    1.      If you cancel less than  14 days before the date of the Event, you will pay us the entire Price.

 

 

  1.         Caterer’s obligations

 

    1.      We will provide the Food and Drink priced in accordance with our quotation at the Event.

 

    1.      We will supply in addition such of the furniture, cutlery, crockery, glasses and decorations as are listed in our quotation and priced accordingly.

 

    1.      Food will be provided at the Event in the expectation of consumption within 3 hours.  You are warned that a delay in the agreed timetable may result in deterioration in quality and in risk to food hygiene and personal safety. You alone are liable for loss or injury to any person arising from any delay not attributable to us.

 

 

  1.         Client’s obligations

 

    1.      You will supply all items not specifically listed and priced in our quotation required for the event.

 

    1.      You will provide the venue for the event and give us access at least 24 hours before the start time of the event, with all furniture and equipment in place.  If we do not have access, or the furniture and equipment is not (all) in place, you accept that we may not be able to provide the food and drink as efficiently or at all. Prior to the event it is advisable to allow the chef to see the venue if the 24 hour set up time is impossible. A pre-event meeting is advisable for all but the most simple dinner party events.

 

    1.      You will provide a storage place for the food and drink as set out in our quotation.

 

    1.      If our quotation specifies that drink be supplied on a “sale or return” basis, we will accept the return only of unopened containers in their original condition.  For the avoidance of doubt, we shall not accept the return of items with damaged or wet labels or packaging.

 

    1.      We shall accept the return of single bottles of wine or spirits, but cans only so far as the pack or outer container is full and unbroken.

 

    1.      This contract is personal to you and may not be assigned.

 

    1.      You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of any failure by you to comply with your obligations under this agreement.

 

 

  1.         Insurance

 

The Chef undertakes to obtain insurance against liability for the negligence of himself and his staff against circumstances at the venue, which prevent him from fulfilling this contract.

The client is recommended to personally take out Event Insurance regarding weather and unforeseen circumstances if the event is large.

         

 

  1.         Limitation of liability

 

    1.      The following provisions set out our entire liability (including any liability for the acts and omissions of its employees) to you in respect of:

 

      1.    any breach of his contractual obligations arising under this agreement; and
      2.    any representation statement or tortuous act or omission including negligence arising under or in connection with this agreement

 

    1.      Any act or omission on our part, falling within this paragraph shall be known as an ‘Event of Default’.

 

    1.      Our entire liability in respect of any Event of Default shall be limited to damages of an amount equal to the total Price paid by you for the catering services at the Event less the cost of food ingredients and consumed drinks.

 

    1.      We are not be liable to you in respect of any Event of Default for loss of profits goodwill or any type of special indirect or consequential loss (including loss or damage suffered by the you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or we had been advised of the possibility of your incurring it.

 

    1.      If a number of Events of Default give rise to substantially the same loss then they shall be regarded as giving rise to only one claim under this agreement.

 

    1.      We shall have no liability to you in respect of any Event of Default unless you have served notice of it on us within 1 year of the date you became aware of the circumstances giving rise to the Event of Default or the date when you ought reasonably to have become so aware.

 

    1.      Nothing in this paragraph shall give you any right or remedy to which you would not otherwise be legally entitled.

 

    1.      We are not liable to you for loss arising from or in connection with any representations agreements statements or undertakings made prior to the date of this agreement.

 

 

  1.         Force majeure

 

    1.      Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control, which may include acts of God, fire, natural disaster, death or serious injury or illness of a close family member, injury or illness of the Chef personally, war or military hostilities.

 

    1.      Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure and such notice shall contain details of the circumstances giving rise to it.

 

 

  1.       Successors to the agreement

 

The Chef acknowledges that this agreement is personal to him and accordingly he shall not be entitled to assign the benefit of it.

 

 

  1.       Waiver

 

The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.

 

 

  1.       Notices

 

Any notice to be served on either of the parties by the other shall be sent by first class post or pre paid recorded delivery or by facsimile and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile to the correct number.

 

 

  1.       Dispute Resolution

 

In the event of a dispute arising out of or in connection with this Contract and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the Customer and the Writers then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

 

 

  1.       Jurisdiction

 

This Contract shall be interpreted according to the Laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.

 

 

 

 

 

Chef: Fay Olinsky

 

Signed:                            Dated: 2007-2008

 

the Client:                       .

 

 

Signed:                            Dated:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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01494 670107
07929 232025