These Terms and Conditions are the standard terms for the provision of catering services to business customers by Pit & Plate Ltd, a limited business registered in England under number company number 12867752, whose registered address is McGills, Oakley House, Tetbury Road, Cirencester, Gloucestershire, GL7 1US (“the Caterer”)

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1.1 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or other means.

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1.2 Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.

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1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

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1.4 Where you are a Limited Company, we may require Director(s)/Controlling Shareholder(s) to guarantee your liabilities to us or provide suitable security for payment. We reserve the right to suspend all work until satisfactory guarantees are provided.

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1.5 Each reference to the singular number shall include the plural and vice versa.

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1.6 Each reference to any gender shall include any other gender.

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1.7 References to persons shall include corporations.

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Definitions and Interpretations can be found in the attached Schedule 1

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2. Information About Us

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2.1 Our VAT number is 456685840

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2.2 We may be contacted by email at enquiries@pitandplate.co.uk and our contact number is 07809 329851.

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2.3 We are a member of the Nationwide Caterers Association (NCASS).

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3. The Catering Services

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3.1 We shall provide the Catering Services to You using reasonable skill and care consistent with best practices and standards in the catering market.

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3.2 You have the option to request changes to the Catering Services up to 2 weeks before the Event starts, provided you do so promptly. We will make reasonable efforts to accommodate your requests. However, we cannot guarantee our ability to do so, especially if changes are requested shortly before the Event. If you propose a change, we will notify you of any associated price increase. Before implementing the change, we will seek your approval to proceed considering the updated cost.

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3.3 In the event of circumstances beyond our control necessitating a change in the Catering Services, we reserve the right to do so. We will promptly notify you and make every reasonable effort to minimise these changes. Our aim is to provide you with services as similar to the original as reasonably possible given the prevailing circumstances.

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3.4 If it's reasonably necessary for us to take preparatory steps after providing you with our Order Confirmation but before the Contract mandates the commencement of Catering Services, we are obligated to do so. These steps are essential to ensure the timely and accurate delivery of Catering Services, enabling the Event to proceed as scheduled. This obligation also applies under Clause 10, to avoid any confusion.

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4. Price and Payment

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4.1 The VAT exclusive Price payable for the Catering Services will be calculated in accordance with Our Order Confirmation/Invoice.

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4.2 VAT will be chargeable and payable by You in addition to that Price at the applicable rate current at the date that We invoice You. The Price payable plus the VAT thereon is the “Total Price” for the Catering Services.

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4.3 Before We begin providing the Catering Services, You will be required to pay a Deposit of 30% on account of the Total Price. The due date for payment of Your Deposit is within 48 hours of receiving the invoice.

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4.4 The balance of the Total Price will be payable 4 weeks prior to the event date. 4.5 You agree to the adjustment of the remaining balance to accommodate and reflect the final number of guests and final menu choices.

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4.6 We accept payment in GBP in the following methods of payment – BACS payments to the account listed on the invoice.

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4.7 Time shall be of the essence for payments under the Contract. If You fail to make any payment on its due date then We shall, without prejudice to any right which We may have pursuant to any statutory provision in force from time to time, have the right to charge You interest on any sums overdue until payment is made in full, both before and after any

judgment, at the rate of 8% per annum over the Bank of England base rate from time to time in force as well as any statutory compensation. This provision shall apply without prejudice to and notwithstanding Clause 11.3.1.

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5. Details relating to provision of the Catering Services

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5.1 If We require any information or action from You in order to provide the Catering Services, We will inform You of this as soon as is reasonably possible.

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5.2 Should the information or action needed from you under Clause 5.1 be delayed, incomplete, or inaccurate, any resulting delays will not be our responsibility. If additional work is necessary on our part to rectify or compensate for mistakes arising from incomplete or inaccurate information or actions on your part, we reserve the right to charge you a reasonable additional fee for such work.

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5.3 It is your responsibility to inform us of all dietary requirements no later than 4 weeks before the event date. We cannot accept liability for undisclosed or miscommunicated dietary requirements. Please ensure that you provide us with accurate and timely information regarding any dietary restrictions or preferences you may have.

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5.4 We follow all relevant HACCP guidelines at all stages of food preparation including, but not limited to, production and handling.

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5.5 We will deliver and set out the Food at the time and date specified in the Order Confirmation/invoice.

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5.6 In the event that we fail to deliver the Food at the specified time and date stated in the Order Confirmation, except when your non-payment or material breach justifies such failure, you have the right to terminate the Contract.

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6. Problems with the Catering Services

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6.1 We always use reasonable efforts to ensure that Our provision of the Catering Services is trouble-free. If, however, there is a problem with the Catering Services We request that You inform Us in writing as soon as is reasonably possible.

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6.2 We accept no responsibility for any adverse reaction to You or your guests with food intolerances or allergies whilst they are in the vicinity of the servicing or preparation area, or near other guests’ food.

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6.3 It is Your responsibility to make Us aware of any food allergies or intolerances of any of Your guests at least 4 weeks prior to the event, including any guests that are in the process of having any allergy testing carried out. These MUST be recorded on the Order Confirmation so that a suitable meal can be prepared separately from other food items.

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6.4 Guests are responsible for adhering to the seating plan to prevent potential issues and risks related to allergies or intolerances among other guests. We accept no responsibility or liability for problems arising from guests changing seats and encountering food intolerance or allergies.

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6.5 Guests MUST take their own responsibility around the service area, treating it as a potential risk to health, until clarification and confirmation have been sought from Us.

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6.6 We will then use reasonable efforts to remedy any such problem with the Catering Services as quickly as is reasonably possible and practical.

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6.7 We will not charge You for remedying a problem under this Clause where the problems have been caused by Us, or by any of Our agents, employees or sub-contractors. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, Clause 5.2 will apply, and We may charge You for

remedial work.

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7. Insurance

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We shall ensure that We have in place at all times suitable and sufficient public liability insurance in order to provide the Catering Services.

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8. Liability and Indemnity

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8.1 Except in cases of death or personal injury resulting from Our negligence, or instances of fraud or fraudulent misrepresentation, Our liability shall not extend to any loss of profit, loss of anticipated savings, or any indirect, special, or consequential loss. This limitation applies to any negligent or innocent misrepresentation, implied warranty, condition, or

other term, as well as any express term of the Contract, or negligence or other duty at common law. We are not liable for any such losses, damages, costs, expenses, or claims arising from the acts or omissions of Us, Our agents, employees, subcontractors, or any other party in connection with the Contract or your use of the Catering Services provided

for the Event.

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8.2 You shall indemnify Us against all damages, costs, claims and expenses incurred by Us arising from loss or damage to any equipment (including that of third parties) caused by You or Your agents or employees

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8.3 If We are providing Catering Services on Your property and We cause any damage, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Catering Services.

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9. Confidentiality

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9.1 Each Party undertakes that, except as provided by Clause 9.2 or as authorised in writing by the other Party, it shall, at all times during the continuance of the Contract and after its termination:

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9.1.1 keep all confidential information secure and private;

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9.1.2 not disclose any Confidential Information to any third party;

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9.1.3 Use Confidential Information only for purposes outlined in the Contract;

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9.1.4 not make any copies or share Confidential Information, except as required; and

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9.1.5 ensure all directors, employees, agents, and contractors adhere to these

confidentiality obligations.

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9.2 Either Party may disclose any Confidential Information to:

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9.2.1 sub-contractors, suppliers, government authorities, or employees/officers as necessary for the purposes of the Contract, or as required by law. The receiving Party will inform these individuals/entities of confidentiality obligations and, where feasible, secure a confidentiality agreement in similar terms to this Clause 9.

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9.2.2 For public purposes only if the information is or becomes public knowledge through no fault of that Party. Confidential information not publicly known must remain protected.

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9.3 These confidentiality obligations continue after the termination of the Contract.

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10. Force Majeure

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10.1 We shall not be deemed to be in breach of the Contract or liable for any failure or delay in performing Our obligations under the Contract where such failure or delay results from any cause that is beyond Our reasonable control (“Force Majeure”). Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war, governmental action, pandemic, epidemic, or other natural disaster, or any other similar or dissimilar event that is beyond Our control.

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10.2 In the event that due to Force Majeure, we are unable to fulfil our obligations under the Contract continuously for a period of 4 weeks, either party may, at their discretion, terminate the Contract through written notice at the end of that period.

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Upon such termination, we are entitled to retain from the Total Price received or still due from you, the costs, expenses, and disbursements we have incurred or are liable for to third parties related to the Catering Services. Additionally, a reasonable contribution to our overhead will be retained, and any remaining balance will be refunded to you. We

may, at our discretion, take reasonable steps to recover these costs from relevant third parties and, after deducting incurred costs, reimburse any recovered sums to you.

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10.3 We shall advise You in writing as soon as possible if and when any such Force Majeure event occurs and at the same time provide an estimate to You of how long the event is likely to continue and its likely impact on the performance of the Our obligations.

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11. Term, Cancellation and Termination

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11.1 The Contract shall come into force on the date of the Order Confirmation and shall continue from that date, subject to the provisions of this Clause and Clause 10.2.

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11.2 Without prejudice to Your right to terminate this Contract pursuant to any other provision of this Contract, You may terminate this Contract pursuant to this Clause 11.2 at any time with immediate effect by giving written notice to Us referring to this Clause 11.2 provided that if You do give notice under this Clause 11.2:

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11.2.1 under no circumstances will the Deposit be returnable, except in cases where the Contract is cancelled within the 14-day cooling-off period available to consumers, as detailed in Clause 11.6.

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11.2.3 if the notice is received by Us is as per the dates below, the following amounts shall become immediately due and payable to the extent that the same has not already been received by Us:

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• less than 4 weeks before the start date of the Event, 100% of the Total Price payable (to take into account the final number of guests and menu choices that have been communicated by You to Us) shall become immediately due and

payable to the extent that the same has not already been received by Us;

• more than 4 weeks, but less than 12 weeks before the start date of the event 50% of the Total Price payable.

• More than 12 weeks before the start date of the event 30% of the Total Price payable.

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11.2.4 any additional costs reasonably incurred by Us in cancelling any arrangements connected with the Event shall be paid by You on demand.

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11.3 Notwithstanding Clause 11.2, either Party may immediately terminate the Contract by giving written notice to the other Party if:

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11.3.1 any sum owing to that Party by the other Party under any of the provisions of the Contract is not paid within 5 Business Days of the due date for payment;

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11.3.2 the other Party commits any other breach of any of the provisions of the Contract and, if the breach is capable of remedy, fails to remedy it within 30 Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;

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11.3.3 an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;

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11.3.4 the other Party makes any voluntary arrangement with its creditors or, being a company becomes subject to an administration order (within the meaning of the Insolvency Act 1986);

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11.3.5 the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or reconstruction and in such a manner that the company

resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under the Contract);

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11.3.6 anything similar to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;

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11.3.7 that other Party ceases, or threatens to cease, to carry on business; or

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11.3.8 control of that other Party is acquired by any person or connected persons not having control of that other Party on the date of the Contract. For the purposes of this Clause, “control” and “connected persons” shall have the meanings

ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.

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11.4 For the purposes of Clause 11.3.2, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.

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The rights to terminate the Contract given by Clause 11.3 shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.

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11.5 If we terminate this Contract before completing the services, we take full responsibility but have limited liability up to the amount paid under the contract. We will refund you the full amount paid up to the termination date.

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11.6 14-Day Cooling Off Period (Business to Consumer Transactions)

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i. As a consumer engaging in a business transaction with Us, for contracts not made on our premises, you have the right to a 14-day cooling-off period starting from the day the contract between the parties is formed and ends (with respect to our services) at the end of 14 calendar days after the contract formation date. During this period, you can cancel the contract without providing any reason, and you are entitled to a full refund of the amount paid.

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ii. If you wish to cancel the contract between us, you should inform Us in writing without delay. We must receive the cancellation before the end of the 14-day period.

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iii. If You cancel the contract after the 14-calendar day cooling-off period has expired please refer to Clause 11.2.3 above.

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iv. Please note that this cooling-off period applies exclusively to business-to-consumer transactions. If you wish to cancel the contract within this period, kindly notify us in writing or by email. Upon cancellation, we will process your refund as soon as possible and, in any case, within 14 days of receiving your notice.

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12. Effects of Termination

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Upon the termination of the Contract for any reason:

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12.1 any outstanding payments between the Parties shall become immediately due;

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12.2 all Clauses intended to apply post-termination shall remain in effect;

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12.3 termination does not affect any right to damages or remedies for breaches occurring before termination;

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12.4 subject as provided in this Clause 12 neither Party shall have further obligations to the other; and each Party shall immediately cease use of any Confidential Information and return all such documents to the other Party, except as noted in Clause 9.

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13. How We Use Your Personal Information (Data Protection)

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For complete details of our collection, processing, storage, and retention of personal data, including (but not limited to) the purposes for which personal data is used, the legal basis for processing, details of your rights under the General Data Protection Regulation (GDPR) and how to exercise them, and any data sharing (where applicable), please refer to our Privacy Notice available on our website.

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14. No Waiver

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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 a breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

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15. Further Assurance

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Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the Contract into full force and effect.

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16. Complaints

 

We value your satisfaction and welcome any feedback you have regarding our services. If you have any complaints or concerns, please submit them via the contact details provided in Clause

 

2. We request that clients refrain from posting complaints on social media or in negative Google and/or Trustpilot reviews until a full internal investigation has been conducted. Failure to follow this process may result in the client being liable for any legal fees incurred by the company to address unwarranted public complaints.

 

17. Set-Off

 

Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Contract or any other agreement at any time.

 

18. Assignment and Sub-Contracting

 

18.1 We may assign our obligations and rights under the Agreement to a third party (e.g. if we sell our business). You will be notified in writing, and your rights under the Agreement will remain unaffected, with the third party bound by our obligations.

 

18.2 You may not assign your obligations and rights under the Agreement without our written consent, which will not be unreasonably withheld.

 

18.3 We may delegate tasks to team members or qualified sub-contractors, whose actions will be considered as our own under the Agreement.

 

19. Relationship of the Parties

 

Nothing in the Contract shall constitute or be deemed to constitute a partnership, joint venture, agency, or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Contract.

 

20. Third Party Rights

 

No part of the Contract is intended to confer rights on any third parties and accordingly, the  Contracts (Rights of Third Parties) Act 1999 shall not apply to the Contract.

 

21. Notices

 

21.1 All notices under the Contract shall be in writing and be deemed duly given if signed by,or on behalf of, a duly authorised officer of the Party giving the notice.

 

21.2 Notices shall be deemed to have been duly given:

 

21.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or

 

21.2.2 when sent, if transmitted by e-mail and a successful return receipt is generated; or

 

22.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid.

 

In each case, notices shall be addressed to the most recent address or e-mail address notified to the other Party.

 

22. Entire Agreement

 

22.1 The documents comprising the Contract contain the entire agreement between the

 

Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.

 

22.2 Each Party acknowledges that, in entering into the Contract, it does not rely on any representation, warranty or other provision except as expressly provided in the documents comprising the Contract, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

 

23. Severance

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In the event that one or more of the provisions of the Contract is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Contract. The remainder of the Contract shall be valid and enforceable.