Last Updated on January 2nd, 2017
The terms and conditions below (the Terms of Service) govern your access to and use of Chan Catering Limited products and services (collectively, the "catering").
The Terms of Service constitute a legal agreement between you and Chan Catering Limited (herein referred as "The Company"). You agree to the Terms of Service by accessing or using the catering. Do not access the catering or use the catering or authorise the written Quotation or authorise the written Service Agreement or initiate the written SOW ("Scope of Work") , if you are unwilling or unable to be bound by the Terms of Service.
We may modify these Terms of Service from time to time. When changes are made, we will notify you by making the revised version available at https://www.chancatering.net/terms-of-service/ and will indicate at the top of the Terms of Service the date that revisions were last made. You understand and agree that your continued use of the Site and our Services after any posted modification to the Terms of Service indicates your acceptance of the modification.
A 75% deposit is required on written confirmation of an event. The deposit is calculated on the total estimated price of the event; and the deposit must be cleared funds in the Company’s bank before the event.
The remaining 25% will be payable 10 days prior to the event date. If the payment has not been received 4 days prior to the event, the Company reserves the right to charge a Late fee.
Changes to Specification
Should the event change from the original quoted specification then your costing will be revised accordingly.
The minimum cancellation charge is 25% of the estimated bill. This will increase to 50% within fourteen days of the event, and 100% with seven days. Should we have engaged sub-contractors on your behalf, their individual and particular cancellation charges will apply.
Conditions of Hire:
The Customer shall be liable for any loss or damage to equipment or property provided by the Company or by its subcontractors. We will try to mitigate any losses as far as possible, and will pass on any charges at cost.
Wines are subject to market availability. Vintages and prices may be altered. Corkage fees will apply to the Customer should they wish to provide their own beverages and will be provided upon request.
Late Fee and Collections:
If you have not paid any invoice by the due date, we reserve the right to (i) vary the billing frequency at any time without prior justification; (ii) issue an interim invoice for accrued Charges, which will become immediately due and payable; (iii) re-issue any invoice if any error is subsequently discovered; and invoice you through a billing agent or any of our Affiliates; (iv) Charge interest on any outstanding amount at 10% per month until the invoice has been paid in full and to Charge a handling fee, collection agency fee, late fee, reconnection fee and/or require a security deposit if your Site are suspended or terminated before payment is made;(v) If you fail to pay the invoice by the Due Date, a late fee will be assessed to the invoice due; (vi) If the payment has not been received 4 days prior to the event. For an invoice that is 7 days past due, a late fee calculated at 20% of the balance. Late fees will be compounded. If your overdue balance includes multiple products and services, each associated late fee will be added to the late fees and compounded; and (vi) transfer any amount that is owing to you or due from you under any of your accounts, if you have more than one account with us, so as to settle any outstanding amount due to us under any of your accounts whether they have been terminated or suspended.
The Company shall make reasonable efforts to perform their obligations under contract but shall not be liable for any delay or other failure to perform any part of the Contract as a result of factors outside of the Company’s control. The Company reserves the right to pass any additional costs incurred from the Company’s suppliers’ or in-house expenses due to unforeseen demand, restrictions or requirements to fulfil the contract.
Invoices are based on final numbers confirmed at least five working days before the function, or on the numbers actually catered for, should this be higher. Should final numbers decrease within five working days the higher original figure will be charged for. Should the numbers rise during this time, we reserve the right to charge a rebooking charge. The fee will be calculated on a 15% charge of all costs relating to the increase, i.e. staff, food, drinks, and equipment. This is to take into account additional ordering and kitchen time and any penalties levied by our sub-contractors.
The Company cannot guarantee that any produce on our menu is totally free from nuts, nut derivatives or other ingredients to which guests may have a serious allergic reaction as we cannot operate in a nut free environment. We would therefore advise guests with a severe allergy to nuts or other ingredients to talk to us directly to arrange an alternative to the chosen meal.
A claim that the Services are not in accordance with the Contract will not be accepted by the Company unless written notice is given to the Company within five days of the provision of the Services, stating the grounds of the claim and enclosing any supporting evidence. Property, title and ownership in all goods and materials sold subject to these terms and conditions shall not be passed to the Customer until such time as all sums of money owing by the Customer to the Company of any nature whatsoever shall have been paid. The risk in the goods or materials shall have been paid. The risk in the goods or materials shall pass to Customers upon delivery.
All menu prices are subject to change based on market prices of food ingredients. If there is a significant increase in any market price, The Company will notify you of the contract price increase. If you do not agree to the new price, The Company will propose substitute menu items to you in order for you to maintain the agreed upon menu price. If you do not agree to the proposed substitution, then The Company may cancel this Catering Contract without further obligation and refund all monies paid.
For staffed Events, The Company disposes of uneaten food and beverage items remaining upon the completion of each Event. If you or any of your guests request to take any of the remaining uneaten food items. You agree to indemnify, defend and hold The Company and its affiliates and their respective employees, representatives, agents and independent contractors harmless from any claims, injuries, losses or damages (including personal injury, wrongful death, and attorney’s fees) arising from or related to the post-Event consumption of leftover catered food and beverage items.
Event Timeline and Staffing:
Each Event is unique and will require a different timeline, so we understand that there will be specific requirements discussed at the time of your booking. Event staffing is variable and will be determined at the time of booking (based on the guest count and Event Type). The Catering Coordinator will inform you of the staffing planned for your Event. The Company pricing includes 2 hours for onsite, pre-Event set up, 3 hours for Event duration, and 1 hour for post-Event breakdown/cleanup. If your Event exceeds 3 hours in duration, additional staff time will be charged as a fee, in addition to the contract price.
Damage and Liability:
The Company maintains general liability insurance for the services it provides. You understand that The Company shall not be responsible for the loss of or damage to any items provided, rented or furnished by you unless such loss or damage was caused solely by the gross negligence or willful misconduct of The Company. In any event, The Company liability for any claim arising under this Catering Contract (including, without limitation, The Company failure to provide the services, is limited to the contract price amount paid by you plus £500. You agree to indemnify, defend and hold The Company and its affiliates and their respective employees, representatives, agents and independent contractors harmless from any claims, injuries, losses or damages (including personal injury, wrongful death, and attorney’s fees) arising from or related to the Event, unless such loss or damage was caused solely by the gross negligence or willful misconduct of The Company.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and The Company agree that any cause of action arising out of or related to the Service Period or Post Implementation Period must commence within seven (7) days after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in United Kingdom, using the English language.
Integration and Severability:
The Terms of Service are the entire agreement between you and The Company with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications, contracts, proposals and quotations (whether oral, written or electronic) between you and The Company with respect to the Sites. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law, and the remainder of the agreement shall remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If there is any dispute about or involving the Site or The Company, you agree that any such dispute will be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the United Kingdom.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.
We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
Except as otherwise stated, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior written and oral agreements, discussions, or representations between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
The Terms of Service are not assignable, transferable or sublicensable by you except with The Company prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
These Terms of Service, and your rights and obligations hereunder, may not be assigned, sublicensed, subcontracted, delegated, or otherwise transferred by you without The Company's prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.