TERMS AND CONDITIONS
The following sets out the terms and conditions of use of the website of Owen Brothers Catering Limited, a company incorporated under the laws of England and Wales with registered number 7413538 and registered office address at Unit C3- C 4, 32-34 Jaggard Way, Wandsworth Common, London SW12 8SG. For the purpose of these terms and conditions “we”, “us” and “our” refers to Owen Brothers Catering Limited.
Please read these terms and conditions below before proceeding. Your access to and use of www.owenbrothercatering.com (the “Website") indicates your agreement to be bound by these terms and conditions. These terms and conditions may be amended by us at any time by updating them on the Website. You should review these terms and conditions each time you access the Website. By continuing to use and access the Website you agree to be bound by any amended terms and conditions. If you do not accept these terms and conditions you must immediately stop using the Website.
These terms and conditions define the basis on which we will provide you with certain services. These terms and conditions create a contractual relationship between you and us and are legally binding. Certain services provided by us are subject to separate terms and conditions and in the event of a conflict, those service-specific terms shall prevail.
By placing your order you confirm that you have read and understood the whole of these Terms and Conditions and agree to abide by the same: Written quotations provided by us to you in respect of prospective order instructions with regards to a potential Booking are valid for 30 days from the date of such quotation and may be subject to change following our site visit where the Booking is to take place. Please note that products supplied by us may contain nuts or nut traces.
All rights, including copyright, in this Website are owned by or licensed to Owen Brothers Catering Limited. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the express written permission of Owen Brothers Catering Limited. You may not modify, distribute or re-post something on this Website for any purpose.
In these terms and conditions “you” or the “Client” means the person, firm or company making the booking for our services and the person firm or company who is responsible for the payment of our charges for the said services provided by us; and the “Booking” means the function to be catered for and supplied by us; and the “Quotation” means our quotation of price based on the estimated number of persons as notified by the Client who will attend the Booking.
2. ORDERS AND PAYMENT AND DELIVERY AND CANCELLATION
A] You may communicate your order instruction in respect of a Booking to us verbally or in writing (for example by letter or fax or electronically over the Website). If you give us your order instruction in respect of a Booking verbally you must confirm such order instruction in writing. If you give us your order instruction in respect of a Booking in writing, such order instruction must be received by us during normal business hours allowing sufficient time which shall be deemed to be the minimum of two working days prior to the commencement of the Booking, to enable us to act upon such order instruction. Any order instruction in respect of a Booking is transmitted at your own risk. We shall not be liable for any loss suffered on account of any order instruction not being received by us. You agree that acceptance of an order instruction to withdraw or amend an existing order instruction is always subject to our receiving the order instruction for a Booking in time for the appropriate action by us to be taken. You agree that we may in our reasonable discretion, refuse to accept an order instruction or any other order instruction for your account. We further reserve the right to substitute alternative food and drink if the items ordered pursuant to the relevant order instruction using all reasonable efforts by us cannot be obtained. Owen Brothers Catering Limited will, where applicable, discuss any such changes in advance with the Client and prices may be subject to revision. We shall be entitled to rely on and treat as binding upon you any order instructions which we believe to be from you or from your agent(s) (whether received by telephone, electronically, telex, facsimile or otherwise in writing) which we have accepted in good faith. No liability shall attach to us if an order instruction in relation to a Booking which we have accepted and acted upon bona fide is subsequently discovered to have been given forged, falsified or amended without your authority.
In the event that you do not receive a notice in writing from us confirming your order instruction for a Booking within 48 hours of your placing your order instruction, you must contact us immediately. In the further event that you intend to amend your order instruction in respect of a Booking, then such amendment order instruction has to be received by us within 24 hours of the commencement of the Booking.
Unless otherwise agreed on receipt of your order instruction for a Booking and confirmation from us of our acceptance of your order instruction for the relevant Booking, you will be responsible for our charges in respect of the Booking (“Booking Charges”) as quoted in the aforementioned confirmation from us, which will be levied in accordance with our rates in effect at the time the charges are incurred or as otherwise notified to you. Any alteration to these charges will be notified to you at or before the time of the change. All amounts (including without limitation all fees and charges) payable by you shall be due on demand without set off, counterclaim or deduction. Booking Charges will, if applicable, include our charges for the following:
(i) Our staff charges which will be charged out for each staff member at a minimum 5 hour session per Booking. If a staff member works any additional hours to the minimum 5 hour session, then for each additional hour an extra charge for the aforementioned member of staff will apply and will be an additional charge to the 5 hour session and will be levied by way of separate invoice from us to you delivered after the Booking.
(ii) Our sundry charges which will be charged out as the costs to our staff members who are providing services in respect of a Booking in the event that such staff members require a taxi to transport them to their respective homes. These aforementioned sundry charges will be levied by way of separate invoice from us to you delivered after the Booking.
For the avoidance of doubt Booking Charges will attract VAT at the current rate at the time of the order instruction in relation to a Booking and will be payable by you to us pursuant to the terms of the payment order or request or invoice.
B] If you are organized as a limited liability company or publicly listed company, we request payment for the first order instruction placed by you on the Website by BACS, credit card or cheque and after such first order instruction from you, subject to satisfactory credit references and maintenance of the account within the payment term and your stated intention to be a regular customer of ours in respect of the Website, an account will be set up for you with us. If you maintain such an account with us, any payment order or request or invoice submitted by us to you shall be due for payment within the terms of any payment order or request or invoice. You will be liable to a surcharge of 2.5% per calendar month on the balance outstanding on any payment order or request or invoice which will be added to all accounts not paid by the due date in the aforementioned payment order or request or invoice until the date that such balance outstanding is paid to us and received by us.
All payments made by you directly, online or on the Website and using a credit card (we do not accept Diners Club cards) are subject to a surcharge of 2.95%.
C] Booking Charges will be inclusive of delivery charges if: (i) the Booking Charges are in excess of the sum of £60.00 (Sixty Pounds) for each single Booking Charge and (ii) the Booking where the delivery is to be made to is within a 15 miles radius of our registered office address above and (iii) the order instruction for the relevant Booking was received by us and confirmed by us prior to 16.30 hour on the working day prior to the Booking and (iv) the delivery is required by you in respect of the Booking to take place between 07:45 am and 18.00 pm on a normal working day (excluding public bank holidays and weekends). In the event that any of the aforementioned criteria contained in the preceding (i) to (iv) is not applicable the Booking Charge will not include a charge for delivery, such charge for delivery will be for the charge of £45.00 (forty-five pounds) unless otherwise agreed between you and us in respect a Booking.
Except in the case of our own negligence and/or willful default, we shall not be liable to you for any direct or indirect loss suffered by you as a result of a delivery made by us which is delivered late as a result of traffic delays and/or mechanical breakdown of our vehicle used to make the delivery.
D] If you intend to cancel an order instruction in respect of a Booking, such intention of cancellation must be given to us in writing and on receipt by us of the written cancellation notice you will be obliged to pay us in consideration for our costs and expenses according to the following:
(i) If the Booking is, as determined by us in our reasonable opinion, to be a Booking which involved the use of staff to be hired by you or us for waiting and service either (i) 50 per cent. of the Booking Charges if the cancellation is received by us within 7 calendar days of the commencement of the Booking, or (ii) 75 per cent. of the Booking Charges if the cancellation is received by us within a period that is between 7 calendar days and 3 calendar days of the commencement of the Booking, or (iii) 100 per cent of the Booking Charges if the cancellation is received by us within 3 calendar days or less of the commencement of the Booking.
(ii) If the Booking is, as determined by us in our reasonable opinion, to be a Booking which is in respect of the standard delivered service by us either (i) 50 per cent. of the Booking Charges if the cancellation is received by us within 24 hours of the commencement of the Booking, or (ii) 100per cent. of the Booking Charges if the cancellation is received by us within a period that is less than 24 hours prior to the commencement of the Booking.
We shall collect all platters, plates and containers that we have identified in connection with your Booking that we are to collect once you have finished with the aforementioned platters, plates and containers on either (i) on or after 4pm of the same working day on which the Booking occurred or (ii) the working day immediately following the Booking. You will be required to leave for such collection all the said platters, plates,containers, crates and wheels in a suitably convenient collection point (“Collection Point”) at your premises or at the premises of the Booking. In the event that any of the platters, plates and containers has been damaged by you, you agree to refund the cost of replacement of each of the platters, plates and containers which have been damaged. In the further event that any of the platters, plates and containers which were delivered by us pursuant to your Booking are missing from the Collection Point you will be required to pay a surcharge of £5 (five pounds) for each of the missing ‘black recyclable’ platters and the associated lids, plates and containers.
For white china platters and the associated lids the fee will be £18 ( eighteen pounds) per missing white china platter and/or lid.
4. THIRD PARTY ARRANGEMENTS
We reserve the right to sub-contract any aspect of the Booking to a third party and you hereby agree to accept that although we shall use all reasonable skill and care in the selection of such third party, the acts and omissions as applicable of such third party are made by such third party without warranty or representation by us and that you accordingly accepts the terms and conditions imposed by the aforementioned third party sub-contractor on you directly.
In the event that you are dissatisfied with any aspect of the service provided by us pursuant to these Terms and Condition in respect of a Booking, we request that in the first instance you make contact with us via phone or e-mail so we can aim to resolve any such issues swiftly. If we have not managed to solve your issues to your reasonable satisfaction, then we would request that you send full details in writing within 3 days from the date that the issue came to your attention, addressed to the Managing Director of Owen Brothers Catering Limited.
6 DISCLAIMER AND LIMITATION OF OUR LIABILITY
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. The information contained on this Website is not comprehensive and whilst we take all reasonable care to ensure that the information on this Website is accurate and up to date, the information has not been independently verified, and no representation or warranty, expressed or implied, is made as to its accuracy or completeness.
In addition, we will be under no liability to you for any loss, damage or injury to your property or the property of your guests or other persons for whom you are responsible, if such loss, damage, and injury is due to the act, neglect or default of you or your guests, your staff or your agents. You will be responsible for and will indemnify us fully and against all claims, costs, acts, damage or liability arising due to the act, neglect or default of you or of any person for whom you are responsible. You are wholly responsible for all equipment hired for the purpose of the Booking from the time of delivery to the premises of the Booking until collection and you will be obliged to ensure that all such equipment is insured.
6.2 To the extent permitted by law, in no event will Owen Brothers Catering Limited, nor any of its subsidiaries or officers, or any other person, accept any liability for any loss howsoever caused arising directly or indirectly from the use or inability to use this Website or the information thereon even if we have been advised of such damages and any such liability is hereby excluded.
6.3 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Website for death or personal injury as a result of the negligence of the Website or that of its employees or agents.
You irrevocably and unconditionally agree to indemnify us, our directors, officers, employees, agents on demand and keep us fully and effectively indemnified (whether before or after termination of these Terms and Conditions) against any claims, liabilities or expenses of any kind which may be incurred by us as a direct or indirect result of our acting under these Terms and Conditions. However, this indemnity shall not apply to any loss or liability to the extent it arises or results from our negligence wilful default or fraud.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9. FORCE MAJEURE
We shall not be in breach of our obligations under these Terms and Conditions if there is any total or partial failure of performance of our duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, failure of any computer system, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature or any other reason (whether or not similar in kind to any of the above) beyond our control.
10. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.
These Terms and Conditions are subject to changes and at the discretion of Owen Brothers Catering Ltd
Owen Brothers Catering Ltd
Unit C3-C4 32-34 Jaggard Way