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Terms & Conditions

By Choice Catering (BCC )Standard Terms and Conditions

The terms and conditions applicable to this agreement are the following:

1. "BCC" is a close corporation with registration number 2006/172734/23.

2. “Customer” is the party referred to as the "customer" on the Customer Info Sheet.

3. The nature of this document is an agreement which shall become binding upon the Customer's acceptance of the Quotation.

4. BCC is obliged: -

4.1 to deliver the products specified on the Quotation at the venue, on the date and at the time specified on the Quotation; and

4.2 to render the service specified on the Quotation at the venue.

5. The Customer is obliged: -

5.1 to ensure that the venue is available, easily accessible and ready for the function and that no material changes that would affect the delivery of the products and services by BCC have occurred at the venue since BCC’s inspection, and

5.2 to pay:

5.2.1 a non refundable deposit of 75% of the total price recorded on the Quotation which deposit is payable immediately upon acceptance of the Quotation. BCC will not commence any work of any kind until the deposit has been received in cleared funds by BCC.

5.2.2 the balance of the amount recorded on the Quotation on presentation of  an invoice;

5.2.3 any amount due in terms of clause 6. and 7. below on representation of an invoice.

6. Where necessary, a second invoice will be furnished in respect of any amendments and late additions to the Quotation, breakages and the like. If a late addition occurs or any other amendment is required, and such addition or amendment does not include an agreed price, the products and services will be charged at BCC’s then current, usual rates for those products and services.  The other provisions of this agreement shall apply equally to the amended/additional products or services.

7. Where BCC is requested to purchase sundry items, specifically for the Customer’s guests, these items will be charged at cost plus an appropriate mark-up fee of at least 10% and the purchases will only be made subject to BCC’s agreement and at BCC's sole discretion.

8. Variations

8.1 Late additions and amendments will only be made subject to BCC's agreement and at BCC's sole discretion.

8.2 If a lesser number of persons attends the function than the number reflected on the quotation, then the Customer shall nevertheless remain liable for payment of the full consideration for the products and services agreed on.

8.3     The Customer will submit the final official program and all the details requested to enable  BCC to provide the required services to BCC as soon as possible  but no later than 72 hours prior to the event.  Changes required by the Customer in respect of the official program, within 72 hours of the event, will only be accommodated at the sole discretion of BCC and under exceptional circumstances. .

9. Other Services

9.1 Should BCC provide the Service Staff, then those staff will be responsible for the setup, service and clearing of the function.

9.2 All required equipment will be delivered at the venue prior to the event.  In order to properly identify broken or missing equipment, the Customer or a representative of the Customer must be present to receive the equipment when it is delivered and be present to hand over the equipment when it is removed from the premises. If such person is not available then the lists provided by BCC will be deemed to be correct in this regard and the appropriate charges will be added to the invoice. The Customer is responsible to reimburse BCC for all equipment brought to the Customer’s venue that is damaged, broken or lost. These items will be charged on the second or if required, the third or further invoice.

9.3 BCC will not be liable for any damages or losses in respect of either equipment brought on site by BCC or the Customer's assets that may occur at the event due to negligence of the Customer and/or the Customer’s guests.

9.4 Should the time of delivery, setup, clearing and/or removal, deviate from that which has been quoted for, then the Customer  will compensate BCC for any loss suffered, waiting time or after hours cleaning and removal (rate – R250.00 per ½ hour or part thereof), depending on the circumstances.

10. Cancellation and Postponement:

10.1 In the event of the Customer terminating the agreement alternatively BCC terminating the agreement due to a breach or non-performance by the Customer before the event, BCC reserves the right to retain the deposit as a cancellation fee.

10.2 Should the agreement however be terminated within 7 (seven) days of the event, the Customer will be liable for payment of the remaining 25% of the total price recorded on the Quotation or any additional invoices and the Customer unconditionally agrees to pay the said amount. A "day" in this agreement shall mean 24 (twenty four) hours and 7 (seven) days shall therefore mean 168 (one hundred and sixty eight) hours.

10.3 Should the Customer wish to postpone the event, the granting of such postponement will be at the sole discretion of BCC. If BCC agrees to the postponement the Customer will be liable to pay a handling fee of between 20% and 30% of the total amount of the function which handling fee will be subtracted from the non-refundable deposit. Should BCC grant the postponement but the function is not re-scheduled to a date within 60 (sixty) days after the original function date, the agreement between BCC and the Customer will be cancelled with immediate effect and without any notice and BCC shall retain the balance of the deposit as a cancellation fee.

11. BCC undertakes to produce the products in accordance with the broad specifications thereof appearing on the Quotation, but does not represent or warrant that the products will necessarily accord precisely with the Customer’s subjective wishes or expectations or that they will satisfy the whims of any fastidious or overly sensitive person. The Customer acknowledges that the process of preparing and serving foodstuffs and prepared beverages is such that a precise result cannot be guaranteed. The products will, however, be acceptable to normal, reasonable persons who bear in mind that the preparation and presentation of foodstuffs at a function are subject to factors/difficulties which might detract from quality which would not otherwise have been the case.

12. Neither BCC, its officers, employees, or sub contractors shall be liable under any circumstances whatsoever for any loss or damage of any nature including loss of profits, loss of business or for any direct, special, incidental or consequential damages of any kind whether under this agreement or otherwise even if BCC has been advised of the possibility of damages which the client may suffer whether as a result of any breach by BCC of any of its obligations to the Customer and whether caused directly or indirectly.

13. The Customer shall not, without prior written consent of BCC, cede, assign or transfer any of its rights or obligations under this agreement to any third party.

14. Hiring

14.1 All props, equipment, products and décor are the property of BCC and may not be kept or sold.

14.2 The prices quoted are for rental purposes only,  unless stated otherwise..

14.3 All goods hired are only guaranteed for the actual day of  the event.

15.   Suretyship

The signatory to the Quotation shall bind him/herself as surety and co-principal debtor in solidum for the due performance by the customer of its obligations to BCC.

16.      Default

Should either party (the "transgressing party") fail to comply punctually with any provision of this agreement, the other party (the "aggrieved party") will be entitled to notify the transgressing party in writing, either by letter, email or fax, thereof and should the transgressing party remain in default for 2 (two) days after the notice, the aggrieved party will be entitled without further notice and without prejudice to its other rights:

16.1 to cancel this agreement and claim damages from the transgressing party; or alternatively

16.2 to enforce specific performance by the transgressing party of its obligations in terms of this agreement and to claim damages from it.

17. Interest

Interest at the rate of 2% per month shall be levied on all overdue accounts.

18. The parties respectively elect the physical addresses and telefax and/or e-mail details appearing in the Customer Info Sheet as their domicilia citandi et executandi for purposes of service of legal documents and correspondence or notices to be given in terms of this agreement. Any notice delivered to the physical address in a properly addressed envelope during normal business hours will be deemed to be received on the date of delivery, if sent by way of mail to the addressee, it would be deemed to have been received within 5 (five) days after dispatch of such letter/notice and any notice dispatched during normal business hours to an e-mail address or telefax number, shall be deemed to have been received on the date it was transmitted and at the same time the contents thereof will be deemed to have come to the addressee’s attention.

19. Subject to clause 6. and 7. above, this document constitutes the entire agreement between the parties and there are no prior or parallel agreements between them. Prior negotiations and correspondence between the parties or any provisional quote furnished by BCC do not bind the parties at all.  No alteration, variation or addition to this agreement (including this clause), nor the consensual cancellation of or the waiver of any right in terms of this agreement shall be of any force or effect, unless it is reduced to writing and signed by all the parties to this agreement.

20. Legal Costs

The Customer shall be liable for all legal costs on the scale as between attorney and client, collection commission, tracing fees and any other administration fees that BCC might incur due to the Customer's breach.