Terms & conditions
FOOD FOUNDRY, A BRAND OF MUNCHY CONCEPT COMPANY LIMITED
Terms and Conditions for the Supply of Services
These Terms and Conditions govern the supply of all Services provided by us to you.
“agreement” is a reference to these Terms and Conditions and any order form and payment instructions provided to you;
“Services” means the service that you have requested us to provide to you;
“Terms and Conditions” means the terms and conditions of supply set out in this document;
“you”, “your” and “yours” are references to you the person purchasing any Services from us;
“we”, “us” and “our” are references to FOOD FOUNDRY, A BRAND OF MUNCHY CONCEPT COMPANY LIMITED; licensed Food Factory at UNIT H, 6/F, GOLD KING INDUSTRIAL BUILDING, 35 TAI LIN PAI ROAD, KWAI CHONG, N.T., HONG KONG,
2. Ordering and Quotation
2.1 Any contract for the supply of Services is between you and FOOD FOUNDRY, A BRAND OF MUNCHY CONCEPT COMPANY LIMITED.
2.2 You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering.
2.3 Services purchased from us are intended for your use only and you warrant that you are acting as principal only and not as agent for another party when receiving the Services.
2.4 After full discussions of your requirements we will provide a written quotation which will be valid for 1 month from the date of quotation and may be subject to change following the gathering of further information.
2.5 Verbal or email acceptance of a quotation made by us (the order) will be taken as acceptance of our terms and conditions and you are deemed to have accepted the prices of Services quoted to you.
2.6 Before we provide a written quotation the client must provide approximate guest numbers. All quotations contain fixed costs which will not be reduced if the final number of guests is less than originally quoted for.
2.7 Final guest numbers must be confirmed in writing or by email of which we have acknowledged receipt no less than 10 working days prior to the event. Any reduction in guest numbers provided at less than 5 working days notice will not result in any alteration in our quoted price.
2.8 We must be notified in writing or by acknowledged email of any guest allergies at the time of quotation. If we are given less than 10 working days notice then we will endeavour to accommodate these but cannot give any assurance.
2.9 At time of order or at least 10 working days before the event date you must let us know in writing or by acknowledged email of any special dietary requirements of your guests.
2.10 If less than 10 working days notice is given of increased guest numbers then we cannot guarantee to be able to accommodate the extra numbers but will endeavour to do so and will keep you informed of this.
2.11 The quote will include the supply of food and also any additional charges inter alia equipment, crockery, cutlery, glassware & linen hire, delivery, staff costs, transportation costs etc.
2.12 A charge of HKD30.00 per head is made for service charge where you provide your own food and/or drinks for the event that are requested to serve by us.
2.13 For all food and drink tasting sessions a fee of HKD$500 per person will be charged. Tasting sessions are for a minimum of 4 people and maximum of 10 people.
2.14 The provision of staff may be subject to change on the day of the event. If staff are required to work more hours than quoted for then an additional charge will be made for this extra time which will be added to the final invoice.
2.15 Event staff are charged for a minimum of 4 hours.
2.16 Taxi fares will be chargeable for any staff working at your event after 11pm. This will be included on your final invoice.
3. Prices, Invoicing and Payment
3.1 Acceptance of the quotation by the client must be confirmed by payment of a 50% deposit to us at which point we will confirm that we accept obligation to perform the service agreed in the quotation. All deposits are non-refundable.
3.2 The final price for services rendered will be confirmed within 10 days after the event date and will take into account any alterations and additions to the original quote such as for increased guest numbers, staffing, breakages, travel costs etc.
3.3 Should the number served be greater than previously notified by the client then the actual number served will be invoiced for at the quoted price per head.
3.4 The final invoice is payable within 7 days of the date of the invoice for personal clients and within 30 days for corporate clients.
3.5 Payment must be made by one of the methods accepted by us as notified to you.
3.6 Failure to pay on time will result either in the cancellation of your order or late payment charges equivalent to interest on the late payment which shall be calculated on a daily basis at a rate of 5% over our bank’s lending rate from the date the payment was originally due until the date of actual payment. We may also instruct a debt collection agency or solicitor to collect payment (including any interest and/or late payment charges) on our behalf. In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may incur to pay the debt collection agency or solicitor, who will add the sum to your outstanding debt on our behalf.
3.7 You are responsible for any loss or damage to hired equipment, crockery, cutlery, glassware, linen etc. from the time of delivery until accepted back by us. Any breakages or losses will be charged at full replacement cost together with an administration fee of 10%.
3.8 If applicable a parking charge will be included.
3.9 Delivery and collection of equipment or food for your event will be attempted at a time and place that has been agreed by you. However if access is restricted or unavailable at the time agreed then any additional costs incurred by us will be payable by you and will be added to the final invoice.
4.1 You must notify us immediately if you decide to cancel your order. Cancellation must be notified to us initially by telephone & confirmed in writing or by email; cancellation will be confirmed only after we have sent a written or emailed confirmation of our acceptance.
4.2 There is a minimum cancellation fee of 50% of the total quoted price. A further cancellation charge equal to 25% of the quoted price will be charged when less than 7 working days notice is given. In the event of less than 2 working days notice of cancellation then a further cancellation charge of 50% will be charged.
5. Supplier Obligations
5.1 We hereby warrant to provide the Services in accordance with the description or specification contained in our quote.
5.2 We will perform the Services with reasonable skill and care in accordance with accepted industry practice and standards.
6. Limitation of Liability
6.1 We disclaim any and all liability to you for the supply of the Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
6.2 We shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
6.3 The Services sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to property and/or loss from claims of third parties arising out of the use of the Services purchased from us.
6.4 We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
6.5 If your kitchen facilities are to be used in the provision of our Services they will be reviewed prior to the quote being prepared by us and agreed by us as satisfactory for our requirements on the event date. Should there be any change to the usability on the event date then we reserve the right to cancel provision of the Services with no refund of your deposit.
6.6 All food provided by us must be consumed within two hours of initial serving. We cannot guarantee the quality or safety of any food consumed after this time limit and will not be liable for any ill effects.
6.7 We will not be liable for any food or drink allergies of which we have not been notified in writing more than ten days before the event date.
6.8 We are not liable for any defects in food or beverages served at your event which are supplied by a third party.
7.1 We may subcontract any part or parts of delivery of the Services that we provide to you from time to time and we may transfer our rights and/or obligations under this agreement without your consent or any requirement to notify you. We will however endeavour to notify you in this event.
7.2 The Terms and Conditions, the quotation and payment instructions constitute the entire agreement between you and us. No other terms, statements, representations or promises whether expressed or implied shall form part of this agreement. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.
7.3 If any term or condition of our agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the agreement shall continue in force without such term or condition.
7.4 These Terms and Conditions and our agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
7.5 No delay or failure on our part to enforce our rights or remedies under the agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
7.6 It is not intended that the undertakings and obligations of the parties set out in this document shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts.
7.7 We confirm that we have sufficient & up to date liability insurance to cover our provision of Services to you and a copy of the certificate is available upon request to us in writing or by email.