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Terms and Conditions of Contracted Business 2016/2017

1. DEFINITIONS
a) “The Contract” shall refer to these and conditions, all attached schedules, proposals and correspondence.
b) “MKC” refers to all employees of Michael Kernall Catering, their subcontractors and agents.
c) “The Client” refers to the customer described in all attached correspondence and schedules.
d) “The Meals” means the food as quoted in all attached correspondence and schedules.
e) “The Drinks” means all alcoholic and non-alcoholic beverages including spirits, wines, beers, ciders, mineral waters and fruit juices but excluding coffee and tea described in the attached correspondence and schedule.
f) “The Event” means all Services, Drinks and Meals as described in the attached correspondence, schedule and proposal.
g) “The Entertainment” means all Bands, Musicians, Cabaret Acts, discotheques, or other such entertainment as defined in the schedule or proposal for the Event.
h) “The Services” means all items described in the attached correspondence and schedule excluding the Meals and the Drinks

2. ACCEPTANCE
a) Unless otherwise stated in writing, All orders by MKC are subject to the under mentioned terms and conditions and are binding once deposits are paid.
b) Furthermore MKC shall be under no obligation to perform the contract unless the Client has paid the deposits and balances as defined in condition 3a below, and has signed or otherwise provided their written agreement to these terms and conditions.

3. PAYMENT TERMS
a) The client shall pay:
20% of the total anticipated cost of the Event at the time of booking.
30% two months’ priors
50% of the total anticipated cost of the Event, (i.e. the balance), issued 3 weeks prior to the Event(s)
Any extra expenses incurred over and above the anticipated cost of the Event will be agreed by MKC and the Client and added and detailed in a final invoice.
b) All charges unpaid after the respective final date for payment shall carry interests on the amount outstanding at a rate of 10% for every calendar month until paid, and for this calculation the calendar month which the account should have been paid is included.
c) MKC reserves the right to cancel or suspend the performance of the contract if the payment dates are not adhered to after the client has been reminded in writing.

4. CANCELLATION
a) The client may only terminate an order in writing to MKC offices at The Elms, Oakwood Park Business Centre, Fountains Road, Bishop Thornton, Harrogate HG3 3BF
b) Once the booking is made, we reserve the staff and kitchen time to do the function. Therefore cancellation charges are payable for any cancellation of a confirmed Event.
c) MKC shall be entitled to charge:
100% of the total cost of the party if cancellation takes place less than 14 working days prior to the Event.
75% of the total cost of the Event if cancellation takes place less than 20 working days prior to Event.
50% of the anticipated cost of the event, if the cancellation takes place more than 20 working days prior to the Event.

5. CATERING AND DRINKS
The high quality of catering depends on the fact that any function undertaken is separately planned, purchased and cooked. This means however, that we have very strict terms regarding numbers. Prices are quoted for a specific number of guests, overheads do not drop proportionally if fewer guests attend a function and we reserve the right to re-quote if this number changes.
a) The client shall specify in writing no later than fourteen working days prior to the Event, the minimum number of meals to be served during the Event; Failure to specify will be regarded as a breach of contract. After this date increases in numbers of up to ten people can usually be accommodated but no allowance can be made if numbers drop. The Client will pay for the number of Meals specified of the number of Meals served, whichever is greater.
b) If the Client has any particular requirements in addition to the packaged described in the attached correspondence an schedule, MKC will make reasonable efforts to satisfy such requirements, subject to reasonable notice being given, but cannot guarantee to do so. Further MKC reserves the right to charge for any such additions over and above the quoted price
c) Bookings will not be considered confirmed until written instructions are received an advanced payment made.
d) Where Drinks are charged on a consumption basis, MKC cannot accept returns of part cases of beer, mineral, Fruit juices, wines and fortified wines; open bottles of spirits or part kegs of draught beer and lager.
e) MKC cannot guarantee the availability of any particular item of food or drink, where such an item is unavailable, MKC will endeavor to enhance each finished menu item with a seasonal substitute to provide an alternative seasonal style and presentation.
f) Cleaning up: We will always leave the Event as neat and tidy as possible and we undertake to completely clean up any kitchen we use. This does not, however, mean we will clean the function area and we recommend Cleaners are engaged to come in after an Event has finished. Unless otherwise arranged, rubbish will be neatly bagged up and left for your dustman to be collected. MKC are not responsible for recycling of glass bottles.

6. CONDITIONS
a) All MKC quotations are subject to availability at receipt of order.
b) MKC does not accept liability and shall not be liable for non-completion of any Event or for any delays arising as a result of:
i. Strikes, riots or lock outs affecting any trade with which MKC is concerned.
ii. Exceptionally adverse weather conditions.
iii. Loss, damage or cancellation due to fires, floods of any other cause beyond its reasonable control.
iv. Terrorist intervention or acts.
c) The Liability of MKC in respect of all claims arising under any contract should be limited to the amounts of the price or charges payable to MKC under such contracts.
d) MKC shall be not liable under any circumstances for any indirect cause of consequential damage whatsoever.
e) If property belonging to MKC or Hired is accidentally, willfully, or negligently damaged or stolen by the Client at the Event, the replacement cost is Payable by the Client within 7 days from the date of the Party.
f) Accidental damage at the Event should be covered by the Clients own insurance and no claim accepted by MKC or the Hire company.
g) MKC shall not be liable for any change in the Music and Dance Licences or Alcoholic and Beverage Licences issued to the venues which may directly affect the timing of a party.