“You” or “Your” means the customer; “We”, “Us” or “Our” means The Synergie Company Limited trading as The Garden; “Day” means Monday to Friday between the hours of 8:00am and 6:00pm excluding bank and public holidays; “Weekend Day” means Saturday, Sunday and bank and public holidays (other than Christmas Day) between the hours of 8:00am and 6:00pm; “Order” means an order from You to Us on Our Order Form; “Order Form” means our standard form from time to time to be used by You to place an Order with Us for Catering Services; “Catering Services” means the delivery to You of food and beverages ordered by You from Our Menu supplied in or with Our “Equipment”; Menu” means Our Menu from time to time which is available on request; “Equipment” means baskets, sandwich platters, plates, bowls, cups, saucers, cutlery, crates, jugs, glasses, soup kettles, bain maries, marquees, furniture; “Force Majeure” means circumstance beyond our control including but not limited to strikes and traffic jams.
Orders for up to 20 people for Catering Services should be placed by 12:00 noon on the Day prior to the required delivery Day. Orders for over 20 people should be placed 3 days in advance. If Catering Services are required on Weekend Days, at least 48 hours notice must be given as special arrangements will need to be made with You. We will endeavour to supply exactly the Order placed on the Order Form. Where you do not specify particular details of products, e.g. types of sandwich fillings We will supply a selection at Our discretion. Where You have requested something specific We will do Our best to ensure its provision, however We cannot guarantee this and will provide an alternative at our discretion. Orders placed are accepted under the terms of our Risk Assessment as show via email attachments or via webpage: thegardencatering.com/risk-assessment
For Orders for less than 20 people, 2 Days notice is required prior to delivery. For Orders for over 20 people, 4 Days notice is required prior to delivery. For Orders for over 100 people, 7 Days notice is required prior to delivery. For Orders for over 200 people, 14 days notice is required. For Orders placed where staff are required to assist in serving, 7 Days notice is required.
Although it is rare that Orders are not delivered within Your preferred time as specified on the Order Form, time is not of the essence of the contract between You and Us and this cannot be guaranteed. Where parking is required and is not made available by You the client charges may be added at Our discretion.
An invoice will be sent electronically soon after an Order is placed. Unless other payment terms have been agreed with Us in writing, payment is due 1 day after the date stipulated on the invoice. If any sum payable to Us in respect of the Order is overdue then We reserve the right to charge interest at 9% pro-rated per day from the date of invoice to the date amount is paid in full. Management reserve the right to charge up to a maximum of £15.00 per request for statements or copy invoices. Letters written by Directors or Management to the Debtor in the pursuit of outstanding monies are charge at £35 per letter. An admin fee for the filing of court documents in the pursuit of debt are charge at £50 per application. All charges quoted are exclusive of VAT.
We reserve the right to charge interest at 9% pro-rated per day from the date of the dispute to the date the amount is paid in full. Management reserve the right to charge up to a maximum of £15.00 per request for statements or copy invoices. Letters written by Directors or Management to the Debtor in the pursuit of outstanding monies are charge at £35 per letter. An admin fee for the filing of court documents in the pursuit of debt are charge at £50 per application. All charges quoted are exclusive of VAT.
Conditions and Warranties
You are entitled to the benefit of all conditions, warranties or other terms expressed or implied given to Us in respect of the ingredients We use or the food and beverages We supply but (except in the case of death or personal injury caused by Our negligence) We will not be liable to You by reason of any representation or implied warranty, condition or other term or any duty at common law for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims arising in connection with the provision of the Catering Services. Our entire liability under or in connection with Your Order shall not exceed Our invoiced charges for the Order.
Changes in Charges
We may vary Our charges from time to time and You will be bound to pay the then current charges in respect of each Order. We will endeavour to forward You an amended Menu as soon as practicable following any such change.
The Equipment is and remains Our property. We are allowing You to use the Equipment in connection with the provision of Our Catering Services. We will endeavour to collect Our Equipment within 48 hours of the time of delivery of Your Order. Whilst the Equipment is on Your premises You are responsible for loss of or damage to the Equipment and We shall at Our discretion be entitled to replace or repair the Equipment at Your cost. Management will place 20% administarative charge on the cost of replacing any equipment lost or not returned to our company. The terms and conditions applicable to invoices for Orders will apply similarly to an invoice in respect of repair or replacement of any Equipment. Any loss or damage to Our equipment, You are liable to pay for a full replacement of the equipment plus costs at the time of damage or breakage.
We shall not be deemed to be in breach of Our contract with You or otherwise be liable to You by reason of any delay in performance or non-performance to the extent that such delay or non-performance is due to Force Majeure.
Headings contained in this agreement are for ease of reference only and do not effect the construction of this agreement. In this agreement the singular includes the plural and vice versa.
Version 5 – January 2012