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Zafferano Catering Limited Terms & Conditions

1. Interpretation

    1. In these Conditions the following terms shall, where the context so allows, have the following meanings:

    1. 1. “Zafferano” shall mean Zafferano Catering Limited of 501 Centennial Park, WD6 3FG and 16 Kingsbury Trading Estate, NW9 8AU
      1. 2. “The Client” shall mean the person named in the Proposal for whom Zafferano has agreed to provide the Services in accordance with these Terms;
      1. 3. “The Contract” shall mean the contract for the provision of the Services on the terms hereof;
      1. 4. “The Menu” shall mean the food and beverage selections attached to or referred to in the Proposal or agreed from time to time between Zafferano and the Client;
      1. 5. “The Proposal” shall mean the written proposal sent to the client with a description of the service to be provided including all the associated costs, and for the avoidance of doubt, should be read in conjunction with these Terms;
      1. 6. “The Terms” shall mean these terms and conditions;
      1. 7. “The Agreed Number of Guests” shall mean the number of guests specified in the Proposal;
      1. 8. “Zafferano Staff” shall mean all or any personnel, (which shall include full time employees of Zafferano or contracted or part time or casual staff as the case may be) supplied by Zafferano attending the Event at the Venue;
      1. 9. “The Event” shall mean the event at which the Services are to be supplied;
      1. 10. “The Venue” shall mean the building or place in which the Services are to be provided;
      1. 11. “Payment on Account” shall mean such payment received by Zafferano from the Client specified in the Proposal;
      1. 12. “Equipment” shall mean all or any items used by Zafferano in connection with the provision of these Services including (but without prejudice to the generality of the foregoing) items of hardware, equipment, glassware, decorative items, bars, optics, beer and wine dispensing equipment, lighting, sound systems, clothing (protective or costume), cleaning equipment or all or any other items whether such equipment belongs to or is hired or rented or borrowed by or on behalf of Zafferano.
      1. 13. “The Total Costs” shall mean the total price inclusive of VAT to be paid by the Client to Zafferano for the provision of the Services specified in the Proposal;
      1. 14. “Entertainment” shall mean any entertainment specified in the Proposal and shall exclude the Zafferano Staff
      1. 15. “The Services” shall mean the service to be provided by Zafferano pursuant to the Contract which shall include (but without limitation):

        1. 1. the provision of food and beverages in accordance with the Menu
        1. 2. adequate staff (in suitable attire) for the preparation and service thereof in a manner commensurate with the nature and style of the Event
        1. 3. such Equipment as may be necessary for the preparation and service of the food and beverage and for the provision of the Services, save as provided by the Client or the Venue
        1. 4. Adequate staff and Equipment for the removal of all Equipment from the Venue and for the cleaning and tidying of all Equipment and of the Venue
          1. 5. Any additional services or items specified in the Proposal
        1. 16. “Zafferano’s Published Literature” shall mean all or any brochures or leaflets produced by or on behalf of Zafferano and publicly available at the date hereof as well as all information published at the date hereof on the website www.zafferano.co.uk
        2. The headings in these Terms are for convenience only and shall not affect their interpretation.

2. Zafferano’s Obligations

      1. 1. Subject as provided below, Zafferano shall use its reasonable endeavours to provide the Services at the Venue on the date and time specified in the Proposal.

 

      1. 2. Without Prejudice to the generality of 2.1, Zafferano may substitute, alter, amend or replace any item of food or beverage referred to on the Menu or any item of Equipment or any other aspect of the Services if the provision of the item in the Services shall be impractical by reasons of availability or price or quality and Zafferano shall not be liable to refund or compensate the client in such regard Provided Always that such item shall be replaced or substituted with an item of similar or no lower quality And that in the reasonable opinion of Zafferano the overall quality and nature of the Services and of the Event shall not be materially diminished or altered

 

      1. 3. Zafferano shall provide the Services to the Client in accordance with the Proposal and otherwise in accordance with Zafferano’s Published Literature subject to these Terms.

 

      1. 4. Upon written request by the Client, Zafferano shall use its reasonable endeavours to give any advice or recommendations concerning the provision or utilisation of the Services which are not already supplied to the Client or available from the Zafferano Published Literature.

 

      1. 5. Zafferano may correct any typographical or other manifest error or omission in any Zafferano Published Literature or in the Proposal or any quotation or any Menu, price list or other document relating to the provision of the Services without liability to the Client nor warrants that any pricing contained therein is up to date and that the Client shall contact Zafferano in the event of confusion regarding pricing.

 

      1. 6. Zafferano may at any time and without notification or liability to the Client make any changes to the Services such as are reasonably necessary to comply with any applicable legislation, regulation, licensing requirement, planning requirement or direction of any competent authority whether relating to the Venue or otherwise Provided Always that Zafferano shall use its reasonable endeavours to procure that such amendment to the Services does not materially alter or diminish the nature or quality of the Services.

3. Client’s Obligations

      1. 1. The Client shall at its own expense supply Zafferano with any additional information not contained in the Proposal that Zafferano may reasonably require in order to provide the Services

 

      1. 2. The Client will not produce or distribute invitations, publicity literature or other documentation or publicity release relating to the Services to be provided by Zafferano at the Event without the prior approval thereof by Zafferano, such approval not to be unreasonably withheld or delayed.

 

      1. 3. The Client shall procure access to the Venue at such times and at such periods for the purpose of the proper organisation and preparation of the Services as may be necessary.

 

      1. 4. The Client shall attend the Venue with Zafferano at such times and occasions as Zafferano may reasonably consider to be necessary for the proper organisation and preparation of the Services and in any event not less that once prior to the Event. In the event of the Client not attending at an arranged meeting Zafferano reserves the right to charge for time wasted.

 

      1. 5. The Client shall be responsible for the cost of repair or replacement of any Equipment which shall be lost or damaged in connection with the provision of the Services or the repair, cleaning or replacement of any part of the Venue which shall be damaged in connection with the provision of the Services save to the extent that such is covered by insurance and provided always that Zafferano shall use its reasonable endeavours to protect and care for the Equipment.

4. Alteration to the Services

      1. 1. Zafferano shall be under no obligation to agree to any amendment to the Services later than one month prior to the date of the Event specified in the Proposal.

 

      1. 2. Any amendment to the Services by the Client shall be notified in writing to Zafferano.

 

      1. 3. Zafferano shall use its reasonable endeavours to comply with any request by the Client to amend the Services and (if requested) to provide a revised price, menu or specification of the Services as may be appropriate as soon as reasonably practicable after receipt of such request.

 

      1. 4. In the event that the amendment to the Services requested by the Client shall, in the reasonable opinion of Zafferano, amount to a fundamental change in the Services pursuant to 4.6 below then Zafferano may, at its absolute discretion, by notice to the client within not more than 14 days of receipt of such written request, treat such request received from the client as being a notice of termination by the Client.

 

      1. 5. The Client accepts that the cost of the Services is not directly proportional to the number of guests specified in the Proposal and that a reduction in the number of guests may not significantly reduce the amount of cooking and preparation time or the number of Zafferano Staff necessary at the Event or the Equipment necessary to provide the Services.

 

      1. 6. For the purposes of this clause 4 an amendment to the Services shall be considered to be fundamental if the resultant change to the Agreed Cost would be likely to exceed 25% of the Total Costs or if the date of the Event shall change or if provision of the Services as amended would be impractical, impossible or unlawful bearing in mind all applicable circumstances including the Venue and the date of the Event

 

      1. 7. If the number of guests at the Event shall exceed the Agreed Number of Guests but the Client is unable to make a written request in accordance with Clause 4.2 prior to the Event, then Zafferano, at its absolute discretion, may try to provide the Menu to the additional guests PROVIDED ALWAYS that Zafferano reserves the right to charge extra for such additional guests.

5. Charges

      1. 1. Subject to any special terms agreed with the Client, all charges shall be based upon Zafferano’s standard charges notified or published from time to time in Zafferano’s Published Literature together with any additional sums which are agreed between Zafferano and the Client for the provision of the Services or which, in Zafferano’s sole discretion, are required as a result of the Client’s instructions or a lack thereof or the inaccuracy of any details or information supplied in relation to the Venue or the Entertainment or the Services and all such Charges shall be notified to the Client by Zafferano in writing.

 

      1. 2. Without prejudice to the foregoing, Zafferano shall be entitled to vary, alter or amend any standard charges referred to in 5.1 above upon not less than 14 days’ written notice to the Client.

 

      1. 3. All charges quoted to the Client for the provision of the Services are exclusive of any Value Added Tax for which the Client shall be additionally liable at the applicable rate from time to time.

 

      1. 4. If payment is not made on the due date, Zafferano shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount at the rate of 8% plus the Bank of England base rate, accruing on a daily basis both before and after judgment together with all costs and losses incurred by Zafferano in the exercise of its rights under these Terms.

 

      1. 5. Zafferano reserves the right to charge extra if the preparation and organisation of the Event is extended as a result of action or inaction of the client, including without prejudice to the generality of the foregoing, any variation or delay in the Client giving a confirmatory instruction to Zafferano.

6. Payments

      1. 1. If the Client and Zafferano agree the Contract 14 days or more before the Event, then the Client shall pay Zafferano 75% of the Total Costs on the date of the Proposal being approved and the balance of the Total Costs shall be payable by the Client to Zafferano within 14 days after the Event.

 

      1. 2. If the Client and Zafferano agree the Contract less than 14 days before the Event, then the Client shall pay Zafferano 100% of the Total Costs on the date of the Proposal being approved

 

      1. 3. Where payments are made by credit or debit card we do not store credit card details nor do we share customer details with any 3rd parties

7. Zafferano Staff

      1. 1. In the event that Zafferano shall, in its sole discretion, agree that Zafferano staff shall open and serve beverages supplied by the Client then corkage shall be charged at Zafferano’s discretion having regard to the Event and the Venue and the quality of the beverage supplied.

 

      1. 2. Zafferano’s Staff shall be charged at the rate notified to the Client or published in Zafferano’s Published Literature for a minimum of 4 hours per person to include setting up and preparation of the Venue and all cleaning and removal of Equipment after the Event.

 

      1. 3. Zafferano shall estimate the number of hours likely to be required for the Zafferano Staff to clear, dismount, disassemble and remove all or any Equipment from the Venue and fully clean the Venue and all Equipment and Zafferano shall use its reasonable endeavours to ensure that such tasks are undertaken as quickly and efficiently as is reasonably practical but the Client shall be responsible for all actual costs so incurred at the notified hourly rate of the Zafferano Staff if the same shall exceed the cost allowed for in the Agreed Charges.

 

      1. 4. In the event of any delay in completion of the Event or in the clearing or vacation of the Venue or in the return of any Equipment to its provider for any reason other than the negligent or malicious action or inaction of Zafferano then the Client shall be liable for all costs of and relating to the Zafferano Staff and the Equipment.

 

      1. 5. In the event that any of the Zafferano Staff shall be required to remain at the Venue after 11.30pm for the purposes of Clause 7.3 above, then the Client shall pay for the extra costs for taxis for the Zafferano Staff.

8. Venue

      1. 1. Unless specifically agreed in writing between Zafferano and the Client, Zafferano shall accept no responsibility whatsoever with regard to the planning or liquor licensing or public entertainment licensing or other necessary or appropriate authorities or consents relating to the Venue in respect of the Event or the provision of the Services at the Venue.

 

      1. 2. Save as specifically provided elsewhere and agreed between the Client and Zafferano, Zafferano shall accept no responsibility in respect of insuring the Venue or its fabric or contents and the Client accepts full liability in this regard and shall indemnify and hold indemnified Zafferano against all or any loss claim or damage arising in respect of the Venue out of the provision of the Services.

 

      1. 3. Without prejudice to the generality of the foregoing, Zafferano may assist or advise the Client in the location, booking or hire of the Venue (for which the Client shall, in addition to the Payment on Account, pay all of Zafferano’s out of pocket disbursements or costs upon written request by Zafferano) but all matters referred to in this Clause 8 shall remain the sole liability of the Client unless specifically agreed otherwise in writing by Zafferano and specified in the proposal

9. Entertainment

      1. 1. Zafferano shall accept no responsibility in respect of the Entertainment at the Event which, without prejudice to the generality of the foregoing, shall include the artistic merit, suitability and duration of the Entertainment.

 

      1. 2. Zafferano shall accept no responsibility in respect of any person(s) employed as part of the Entertainment.

10. Cancellation

      1. 1. In the event that the Client shall cancel or be deemed to cancel the Event more than one calendar month prior to the date specified in the Proposal then the Client shall be liable for 50 percent of the Total Costs in addition to all out of pocket disbursements or costs of Zafferano in relation to the proposed provision of the Services, credit being given for any additional Payment on Account already paid.

 

      1. 2. In the event that the Client shall cancel or be deemed to cancel the Event one calendar month or less than one calendar month but more than 2 weeks prior to the date specified in the Proposal then the Client shall be liable for 75 percent of the Total Costs in addition to all out of pocket disbursements or costs of Zafferano in relation to the proposed provision of the Services, credit being given for any additional Payment on Account already paid.

 

      1. 3. In the event that the Client shall cancel or be deemed to cancel the Event less than two weeks prior to the date specified in the proposal then the Client shall remain liable for 100 percent of the Total Costs.

 

      1. 4. Notwithstanding the generality of 10.1, 10.2 and 10.3 above, in the event of cancellation of the Event Zafferano shall use its reasonable endeavours to cancel or terminate any arrangements for the hire of Equipment or the Venue and the employment of Zafferano Staff and shall account to the Client for 75 percent of and financial savings so made.

 

      1. 5. In the event that it shall become impossible, unlawful or impractical for Zafferano to provide the Services (save as a result of any negligent or malicious action or inaction by Zafferano) then Zafferano may, by notice in writing to the Client, terminate the Contract and return to the Client any balance of the Payment on Account remaining after settlement of all or any costs, expenses or liabilities howsoever incurred in respect of the proposed provision of the Services whereupon all further obligations or liabilities owed by one party to the other out of or in connection with the Contract shall determine.

11. Costs

      1. 1. In addition to the Total Costs the Client shall be responsible for the cost of all alcoholic and non alcoholic beverages at the rates agreed between the Client and Zafferano or specified in Zafferano’s Published Literature or as has been specifically agreed in connection with the provision of the Services.

 

      1. 2. Without prejudice to the generality of 11.1, Zafferano shall give credit to the Client for any unopened, undamaged and returnable alcoholic beverages at its sole discretion but it will be noted that only full and unopened cases of wine or beer or lager shall be returned or credited.
      1. 3. Zafferano shall credit to the Client any charges up to a maximum of £500, previously charged to the Client in respect of any tastings.

12. Warranties and Liability

      1. 1. Zafferano warrants to the Client that the Services will be provided using reasonable care and skill and as far as reasonably possible in accordance with the Proposal and at the Venue and on the date and at the time specified and utilising the Menus, Equipment and Entertainment as may be agreed with the Client.

 

      1. 2. Zafferano shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation howsoever arising in connection with the provision of the Services save in the case of gross negligence or malicious conduct.

 

      1. 3. Except in respect of death or personal injury caused by Zafferano’s negligence or as expressly provided in these Terms, Zafferano shall not be liable to the Client by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Zafferano, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Client or from the Venue and the entire liability of Zafferano under or in connection with the Contract shall not exceed the amount of the Total Costs except as expressly provided in these Terms.

 

      1. 4. Zafferano shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of its obligations in relation to the Services if delay or failure thereof was due to any cause beyond Zafferano’s reasonable control.

13. Insurance

      1. 1. Zafferano shall maintain Public Liability Insurance in the amount of £10,000,000 for each event

 

      1. 2. Zafferano shall maintain Employer’s Liability Insurance in the amount of £10,000,000

 

      1. 3. Zafferano accepts no responsibility or liability to the Client regarding the implementation or maintenance of insurance with regard to the Event save as provided in 13.1 & 13.2 and it shall be the responsibility of the Client to arrange and maintain all appropriate insurance cover whether required by applicable statute, Regulation or otherwise in respect of the Event and the Venue

 

      1. 4. Zafferano recommends that the Client should procure appropriate insurance for the Event in respect of an event of Force Majeure and/or an Act of God.

14. General

      1. 1. These Terms (together with the terms if any, set out in the Proposal) constitute the entire agreement between the parties and supersede any previous agreement or understanding between them and may not be varied except in writing between the parties and all other terms expressed or implied by statute or otherwise are excluded to the fullest extent permitted by law.

 

      1. 2. A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its address specified in the Proposal or in these Terms.

 

      1. 3. No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right and no waiver by either party of any breach of the Contract by the other shall be considered to be a waiver of any subsequent breach of the same or any other provision.

 

      1. 4. If any provision of these Terms is held by any Court or other competent authority to be invalid or unenforceable in whole or in part then the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

 

      1. 5. Any dispute arising under or in connection with these Terms over the provision of the Services shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on application of either party by the president for the time being of the Institute of Chartered Accountants for England and Wales (ICAEW).

 

    1. 6. This Contract shall be read and interpreted in accordance with English Law and the parties hereto irrevocably submit to the exclusive jurisdiction of the Supreme Court of England and Wales.