1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event: the event specified in the Quotation.
(b) Food: the food to be supplied at the Event.
(c) Matter Outside Our Control: is defined in clause 8.1.
(d) Order: your order for the Food and Services.
(e) Quotation: the quotation for the Food and Services at the Event.
(f) Services: the services that we are providing to you as set out in the Order.
(g) Terms: the terms and conditions set out in this document.
(h) we/our/us: Edward Guy Clarke trading as the Swine Waiter.
1.2 When we use the words "writing" or "written" in these Terms, this will include e- mail.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which we supply Services to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake or require any changes, please contact us to discuss.
2.3 When you submit the Order to us, this does not mean we have accepted your order for the Food and Services. Our acceptance of the Order will take place as described in clause 2.4 below. If we are unable to supply you with the Services, we will inform you of this by email or letter and we will not process the Order.
2.4 These Terms will become binding on you and us when we email you or issue you with a written acceptance of an Order, at which point a contract will come into existence between you and us.
3. CHANGES TO ORDER OR TERMS
3.1 You may make a change to the Order for Services at any time more than
(a) 28 days before the Event in the case of the choice of any meat, and
(b) 7 days before the Event in case of anything else being supplied.
Where this means a change in the total price payable by you, we will notify you of the amended price by email or by letter. You can choose to cancel the Order in accordance with clause 9.1 in these circumstances. We will try our best to try and accommodate any reasonable request.
3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 9.
4. PROVIDING SERVICES AT YOUR EVENT
4.1 We will supply the Services to you at the Event.
4.2 We will make every effort to complete the Services as described in the Quotation. However, there may be delays due to a Matter Outside Our Control. See clause 8 for our responsibilities when a Matter Outside Our Control happens.
4.3 We have certain requirement to enable us to provide the Services. These are:
A reasonably level and open area for the erection of our Equipment;
Access to a mains power supply and fresh running water;
Hard standing for vehicles or adequate parking for a long wheelbase van
In the case of any restricted pedestrian access (either indoors or outdoors) access no narrower than 1 metre.
Notification if there are any steps or other hazards so that we can employ sufficient staff to erect our equipment.
4.4 All refuse will be double bagged and left neatly on the Event site where reasonably required unless requested otherwise by you. If you require us to remove refuse from the Event site then you will have to pay for the costs of that removal prior to it being undertaken.
4.5 If you do not provide us with confirmation that our requirements are met or supplied any information necessary, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required. We will not be liable for any delay or non-performance where information in relation to the location of the Event is inaccurate, but this does not affect your obligation to pay for any invoices we have already sent you.
5. IF THERE IS A PROBLEM
5.1 As a consumer, you have legal rights in relation to Services we provide which are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. PAYMENT TERMS
6.1 The price of the Services is set out in our Quotation.
6.2 Payments for the Services are payable as follows:
10 % when you confirm your order.
90% by the date of the Event
6.3 Payments must be by way of cleared funds and in the case of the second payment we
will accept cash on the date of the Event.
6.4 Your rights to a refund on cancellation are set out in clause 9.
6.5 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of National Westminster Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6.6 However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 6.4 will not apply for the period of the dispute.
7. OUR LIABILITY TO YOU
7.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
7.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 We do not exclude or limit in any way our liability for:
(a) Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) Fraud or fraudulent misrepresentation;
(c) Breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(d) Defective products under the Consumer Protection Act 1987.
8. MATTERS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by a Matter Outside Our Control.
8.2 A Matter Outside Our Control means any act or event beyond our reasonable control.
8.3 If a Matter Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Matter Outside Our Control. Where the Matter Outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Matter Outside Our Control is over providing it ends before the Event.
8.4 You may cancel the contract if a Matter Outside Our Control takes place and you no longer wish us to provide the Services. Please see your cancellation rights under clause 9.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1 Before we begin our preparations to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because we are affected by a Matter Outside Our Control:
(a) You may cancel any Order at any time 3 weeks before the Event by contacting us and paying 50% of the price mentioned in our Quotation. We will confirm your cancellation in writing to you.
(b) If you cancel an Order under clause 9.1(a) and you have made payment in full in advance for Services that have not been provided to you, we will refund the balance due to you.
(c) However, if you cancel an Order at any time within a week or less of the Event, then you will pay us the amount payable under the Quotation.
10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 If we have to cancel an Order before the Services start:
(a) We may have to cancel an Order before we have started preparation for the Services, due to an Event Outside Our Control without which we cannot provide the Services. We will promptly contact you if this happens.
(b) If we have to cancel an Order under clause 10.1(a) and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you. If you not made any payment we will not charge you anything and you will not have to make any payment to us.
10.2 We may cancel the Order at any time with immediate effect by giving you written notice if you do not pay us when you are supposed to as set out in clauses 6.2 and 6.3. This does not affect our right to charge you interest under clause 6.4.
INFORMATION ABOUT US AND HOW TO CONTACT US
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by pre-paid post to EG Clarke, The Swine Waiter, Rockstead Farm, Fordingbridge, Hampshire, SP6 3PW or email@example.com. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Order.
HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use the personal information you provide to us to:
(a) provide the Services;
(b) process your payment for such Services; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
12.2 We will not give your personal data to any third party.
13. OTHER IMPORTANT TERMS
13.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.3 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English and Welsh courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.