Definitions

1.For the purposes of this contract "The Client" shall mean the client All About Food is engaging with for any type of service.

2. The entity offering this service is termed “All About Food.” Otherwise known as All About Food CC

3.This agreement is the contract between the Client and All About Food. Acceptance of the quote and payment of the deposit deems acceptance of this contract.

4.The words ‘function’ and ‘event’ shall inter alia have the same meaning pertaining to this agreement

5.In this agreement, unless otherwise from the cont­ext, words importing the masculine gender shall include the feminine and neuter genders and vice versa and words importing the singular shall include the plural and vice versa.

Terms and Conditions

1.It is hereby recorded that All About Food cc hereby undertakes to do business with you, the Client, subject to the terms and conditions herein contained.

2.Booking Time
Bookings must be confirmed within 4 (FOUR) working days of the function with final numbers being confirmed within 96 (ninety six) hours of the event.

3.Deposits
A 50% (FIFTY PERCENT) deposit of the full amount of the quote is required to secure the date and to confirm the menu. Such deposit will be deemed to be an acknowledgement of the terms and conditions contained herein.

The final 50% (FIFTY PERCENT) is required 4 (FOUR) day before the function and any extra amount within 72 (SEVENTY TWO) hours of functions.

4.Breakage Deposit
The Client Acknowledges that it is liable to pay to All About Food a breakage deposit as stipulated in the quotation and proposal for any equipment belonging to All About Food either being rented from or loaned by All About Food to the client for the event. Which deposit shall be refunded once assessment of all the loaned or rented equipment can be done no later than 3 (THREE) working days from date of the event.

5.Payments
a)All clients are required to pay the final 50% of the deposit 4 (four) day before the function.
b)The balance contract price, or any amount due shall be paid by the Client without any deduction or set off within 72 (SEVENTY TWO) hours of the function.
c)Any amount not paid by the Client on due date shall bear interest at the maximum rate permissible, from time to time, as set forth in the “Limitations and disclosure of finance charges Act no. 73 of 1968”, as amended. Or any other applicable legislation.
d)Bank Account: Absa Protea Park (Sandown No 1 Protea Park, Sandown)
Account Name: All About Food CC
Account number: 40-6854-0929
Account type: Cheque Account
Branch Code: 632005
P.O. Box: 55400 Northlands 2116, Johannesburg, Gauteng, South Africa.

Please email / fax confirmation of payments
6.Discounts
a)The Contract price is strictly net and not subject to any discount unless otherwise agreed in writing.
b)If any discount is agreed to in writing it shall only be allowed if full payment is received by All About Food one day before the function or event.

7.Equipment hiring
The client is completely responsible for all equipment hired. This includes broken glasses, lost or stolen goods. The client further indemnifies All About Food from any damage and/or breakages caused to any rental property during the course of the function and maintains full responsibility to both the suppliers of All About Food and All About Food alike.

8.Staff Hiring
Clients are charged in advance for an estimated time of staff hire. If any members of staff are required to stay over the time allocated for the event, the client shall be liable to cover the hourly rate of that staff member on a pro rata basis in accordance with the hourly rate as given in the catering proposal and quotation.

9.Failure to make payment
Upon failure to comply with the conditions of the deposit and payment clause, All About Food reserves the right to: Suspend further deliveries and services; to require a cash payment prior to delivery and services; or to cancel this agreement. All About Food shall be indemnified by the Client for any loss that may be suffered as a result thereto.

10.Cancellation
Should The Client wish to cancel this agreement any time from the date of conclusion of this agreement up to 72 (SEVENTY TWO) Hours prior to commencement of the event the upfront deposit will automatically be forfeited, thus causing the client to be liable for the event up to 50% (FIFTY PERCENT) of the total quoted cost.

Should The Client wish to cancel this agreement any time from 72 (SEVENTY TWO) Hours prior to commencement of the event up and until the time and date of the event itself then the client will be liable for payment of the full price of the event as per the quotation and proposal issued.

11.Damages
All About Food shall in no circumstances whatsoever be liable for any loss of profit or any damages direct or indirect, consequential or otherwise, sustained by the Client. Without derogating from the generality of the aforegoing, All About Food shall not be liable for its own negligence or that of any of its agents or employees.

12.Vis Major
The Client shall not have any claim of any nature whatever against All About Food for any failure by the latter to carry out any of its obligations under the contract as a result of vis major, including but without being limited to any strike, load shedding, lock-out, shortage of labour or materials, delays in transport, accidents of any kind, any default or delay by an/sub-contractor or supplier, riot, political or civil disturbances, the elements, any act State or Government, any delay in securing any permit, consent or approval required by the supplier for the supply of goods under the contract, or any other authority, or any other case whatever beyond All About Food’s control.

13.Certificate
A Certificate signed by any director or manager of All About Food showing the amount due and owing by the Client to All About Food at any given time shall be prima facia proof of the facts therein stated for the purpose of all legal proceedings.

14.Domicilium citandi et executandi
The Client nominates its business address as reflected on the invoices as its Domicilium citandi et executandi for service upon it of all notices and processes in connection with any claim for any sum due to All About Food.

15.Whole agreement
This agreement constitutes the entire agreement between the parties and no representation by any person, or variations or amendments to any of the terms or conditions hereof shall be valid and binding on All About Food unless reduced to writing and signed by both parties. No extension of time or any other realisation or indulgence granted by All About Food to the Client shall operate as or be deemed to be waiver by All About Food of any of its rights under this contract or a novation any of the terms and conditions of this contract. Clients must e-mail or post written complaints to All About Food in writing. No complaint will be recognised unless the said written complaint is received within 2 days of the function.

16.Legal Costs
Should it become necessary for All About Food to take legal action against Client pursuant to any breach hereof by the Client, the latter agrees to pay legal costs on the Attorney and Client scale including tracer’s fees and collection commission where applicable.