Ted The Baker Ltd T/A F4D Events - T&C's
Terms & Conditions of Business
Basis of contract
· The Reservation constitutes an offer by the Client to F4D Events for the Catering requirements and any other services in accordance with these Conditions.
· The Reservation shall only be deemed to be accepted when F4D Events receives the non-refundable Booking Fee and issues written acceptance of the Reservation, at which point the Contract shall come into existence.
· These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or other course of dealing.
· Any quotation given by F4D Events is only valid for a period of 7 days from its date of issue.
Supply of Facilities
· F4D Events will provide all catering as discussed and agreed at your consultation.
· F4D Events reserves the right to amend the Contract if necessary, to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Facilities, and F4D Events shall notify the Client in any such event.
· The Client shall:
· Pay the Non Refundable Booking Fee and Charges in accordance with these Conditions;
· pay all invoices for additional services requested as stated on your invoice
· Ensure that the Contract and these Conditions are adhered to. The Client(s) acknowledge that they are ultimately responsible for the behaviour and conduct of their guests. Anti-social behaviour will not be tolerated and may result in the early termination of our event and departure from event. Charges and payment
· The Charges for the Event shall be:
· calculated in accordance with the Client’s requirements and as set out in the Contract;
· the Client will pay the non refundable booking fee of £500 at time of making the Reservation;
· the Client will pay a further 25% of the expected final balance 6 months before the date of the Event;
· the Client will pay the final balance no later than 4 weeks before the date of the Event;
· F4D Events will accept payment by bank transfer and debit/credit card;
· F4D Events confirms that all charges, prices and offers are subject to availability and change. F4D Events reserves the right to remove or revise any offers until the Contract is agreed. F4D Events will not change the Contract price without prior discussion with the client.
· F4D Events reserves the right to recover reasonable costs for any serious breakages or damages caused at the Event by the Client and/or other persons they have invited to attend the Event. The Client will pay F4D Events on demand the amount required to make good or remedy such damages including compensation for loss of business whilst such damage is being repaired.
· Without limiting the remedies available to F4D Events, We reserve the right to charge interest on any part of the Charges that are overdue, from the due date until the date of actual payment (whether before or after judgment) at the rate of 4% per annum above the Bank of England’s base rate from time to time, or 4% per annum for any period when that base rate is below 0%.
· All amounts usually payable by the Client to F4D Events under the Contract are subject to VAT and are included in the price quoted unless otherwise stated.
· All cancellations must be made in writing and will only be effective on the date they are received by F4D Events..
· If the Client cancels the Event, they acknowledge that F4D Events has the right to impose the following cancellation charges, which are accepted by the Client as representing a genuine pre-estimate of loss:
· the Booking Fee, which is non-refundable once the Reservation has been accepted;
· the Client shall immediately pay to F4D any unpaid Charges and interest thereon;
· where the Event is more than 6 months away at the date of cancellation 25% of the total Charges; and
· where the Event is less than 6 months away at the date of cancellation the full balance of the Charges.
· The Client will indemnify F4D Events for any costs or expenses incurred with third parties for arrangements made on behalf of the Client in relation to the Event. Where no invoice has been submitted, F4D Events shall submit an invoice, which shall be payable by the Client immediately on receipt.
· The Client is strongly advised to consider taking out the appropriate insurance against the costs that will arise on cancellation of the Event.
· In the unlikely event that F4D Events has to cancel the Event for unforeseen circumstances beyond our control F4D Events will refund any Charges (including the Booking fee) made by the Client.
· Cancellation of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of cancellation.
· Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 8 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. In this clause 8 Applicable Laws means (for so long as and to the extent that they apply to the Supplier) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the Data Protection Legislation from time to time in force in the UK and any other law that applies in the UK.
· F4D Events confirms that the Client will only be contacted in relation to the Event and no personal information will be shared with any third party other than for the purpose of fulfilling the Contract. No personal information will be shared for the purpose of marketing.
· The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the controller and F4D Events is the processor.
Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
· F4D Events has obtained the appropriate insurance cover in respect of its own legal liability for individual claims. The Client is responsible for making its own arrangements for the insurance of any losses in relation to their cancellation of the Event.
· Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
· death or personal injury caused by negligence;
· fraud or fraudulent misrepresentation; and
· breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
· F4D Events total liability to the Client shall not exceed the Contract amount. F4D Events total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.
· This clause shall survive termination of the Contract.
· Force majeure. F4D Events shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. Including but not limited to Act of God, Explosion Flood Tempest, Fire Accident, war, Global Pandemic and National Day of Mourning.
· Assignment and other dealings.
· F4D Events may at any time assign, mortgage, charge, subcontract, delegate or deal in any other manner with any or all of its rights and obligations under the Contract.
· The Client cannot assign any of its rights and obligations under the Contract.
· Entire agreement.
· The Contract & these Conditions constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
· Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
· Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties.
· Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
· If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
· Any demand or notice given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its principal place of business (in any other case); or sent by fax to its main fax number sent by email to relevant email address as set out in the Contract.
· Any notice shall be deemed to have been received:
· if delivered by hand, at the time the notice is left at the proper address;
· if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after; and
· if sent by fax or email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 7(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
· This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
· Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties Act) 1999 to enforce any term of the Contract.
· Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
· Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.