red. terms of catering agreement
In these terms the following expressions have the following meanings:
"Agreement" means the agreement between Red Anywhere and the Customer whereby Red Anywhere has agreed to provide the Services for the benefit of the Customer at the Function in return for the Customer paying the Price. The Agreement consists of the Quotation, these terms and the Menu;
"Customer" means the customer whose details are specified in the Quotation;
"Function" means the event at which Red Anywhere has agreed to provide the Services as detailed in the Quotation;
"Menu" means the separate document headed Menu which details the food and drinks which Red Anywhere have agreed to supply, prepare and serve during the Function and shall include any revisions or amendments to the Menu agreed by both parties;
"Price" means the price set out in the Quotation and shall include all amounts payable by the Customer to Red Anywhere for the Services;
"Quotation" means the quotation printed on the reverse of these terms unless a revised quotation has been agreed between the parties in accordance with clause 5 of this Agreement in which case the term quotation shall be construed as a reference to the revised quotation;
"Red Anywhere" means Daniel Clarke trading as Red Anywhere of 14 Montague Place, Worthing, West Sussex;
"Services" means the catering services agreed to be provided by Red Anywhere to the Customer during the Function including the supply, preparation and service of the food and drink detailed in the Menu or as otherwise later agreed between the parties at the Function;
2. OBLIGATIONS OF RED ANYWHERE
2.1 Red Anywhere shall be responsible for providing the Services at the Function with reasonable care and skill.
2.2 With effect from the date of this Agreement Red Anywhere shall be responsible for the following:
2.2.1 the ordering and purchasing of all supplies to be used by Red Anywhere in the provision of the Services such supplies to be ordered in the name of Red Anywhere and not the Customer and to remain the property of Red Anywhere;
2.2.2 the choice variety preparation and pricing of all meals and refreshments supplied (subject to prior consultation with the Customer);
2.2.3 the provision of staff as is required for the provision of the Services and the administration relating to it;
2.2.4 the payment of all suppliers with whom the Caterer shall enter into contracts in accordance with clause 2.2.1;
[2.2.5 effecting and maintaining insurance cover in respect of the following risks arising from the provision of the Services:
(i) employer's liability;
(ii) public and product liability (including cover in respect of food poisoning and deleterious substances in foodstuffs and beverages due to the negligence of Red Anywhere) but not for more than £... in respect of any one incident or period of insurance.]
3. GRANT AND OBLIGATIONS OF CUSTOMER
3.1 The Customer grants to Red Anywhere with effect from the date of this Agreement the exclusive right to supply the Services at the Function and shall be responsible for:
3.1.1 payment of the Price and any additional costs in accordance with clause 4 of these terms;
3.1.2 procuring the provision of the facilities listed in the Quotation as being available at the Venue (if any);
3.1.3 providing Red Anywhere with notice immediately on becoming aware of any changes to any matter which will effect the Services to be supplied by Red Anywhere (including but not limited to change of the Venue, in the number of guests, in the facilities required to be supplied by Red Anywhere, the Menu etc.)
3.1.4 ensuring that no other caterer is appointed to provide the Services at the Function;
3.1.5 fully indemnifying Red Anywhere for all costs incurred by Red Anywhere on behalf of the Customer in respect of the provision of the Services and the facilities.
4. PRICE AND PAYMENT
4.1 The Customer shall pay a sum equal to 50% of the total Price (“the Deposit”) to Red Anywhere at least 30 days before the Function. In the event that this Agreement is made within 30 days of the Function, the Customer shall pay the Deposit on entering into this Agreement.
[4.2 Red Anywhere shall submit an invoice to the Customer for the balance on the day of the Function and the Customer shall pay the invoice within 30 days of the date of the invoice.]
[4.2 The Customer shall pay the balance of the Price at least 5 days before the Function.]
4.3 In the event that any sums due under this Agreement remain unpaid after the same become due for payment then the Customer shall pay Red Anywhere interest on such overdue sums at a rate of 4% over the base lending rate of HSBC Bank Plc (or such other bank as Red Anywhere in its ultimate discretion shall nominate) from the date the sums became due until the date of payment.
5. VARIATIONS
5.1 In the event that any variations to the Services are required as a result of any notice received by Red Anywhere from the Customer under clause 3.1.3 Red Anywhere shall be entitled to revise the Quotation to take account of such variations.
5.2 The Customer shall confirm whether or not it wishes to proceed with the variations subject to the revised Quotation as soon as practicable and in event within a period of 2 days from the date of the revised Quotation.
5.3 The Customer shall make payment of any further sums required in accordance with the revised Quotation at such times as provided for in clause 4 of this Agreement. If the payment dates specified in clause 4 have already passed then the Customer shall make payment of any balance due as a result of the variations on the date on which the Customer accepts the revised Quotation.
5.4 For the avoidance of doubt Red Anywhere are under no obligation to agree to any variations in the Services at any time and will not be responsible for providing any variations unless and until the Customer has agreed to the revised Quotation and made payment to Red Anywhere of any additional sums required.
6. TERMINATION
6.1 The Customer may cancel this contract at any time up to 5 days before the Function and will forfeit the deposit. If the Customer cancels the function in the last 5 days before the Function the Customer will pay the whole of the Price less any amounts which Red Anywhere acting reasonably would have but did not spend on materials, hire of equipment or labour.
6.2 Red Anywhere may terminate this Agreement at any time if the Customer fails to comply with any of its obligations under this Agreement (including but not limited to failing to pay any sums due in accordance with clause 4 or 5 of this Agreement)
7. LIABILITY
7.1 Except in the case of death or personal injury caused by the negligence of Red Anywhere, the liability of Red Anywhere under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Price.
7.2 Except to the extent permitted by law, Red Anywhere will not be liable to the Customer for any indirect or consequential loss, damage or expenses howsoever arising out of any negligence or breach of the contract and Red Anywhere shall have no liability to pay any money to the Customer by way of compensation other than to refund to the Customer the price the Customer has paid to Red Anywhere.
7.3 Any provisions in this Agreement which seek to exclude or limit the liability of Red Anywhere for breach of the terms implied by the Supply of Goods and Services Act 1982 shall not apply where the Customer is a consumer.
8. ENTIRE AGREEMENT
This Agreement represents the entire understanding between the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written express or implied other than those contained in this Agreement. Each of the parties irrevocably and unconditionally waives any right it may have to claim damages or to rescind this Agreement for any misrepresentation not contained in this Agreement or for any breach of warranty not contained in this Agreement unless the misrepresentation or warranty was made fraudulently.
9. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.