The Boring But Essential T'c & C's
Catering Terms
The following are our terms of trading to avoid any misunderstandings regarding reservations. By choosing Nyama Catering as your Catering Specialist, you are deemed to have accepted these Terms and Conditions.
Confirmation by Customers
All catering bookings are considered provisional until a 25% deposit is received.
Amendments and Final Numbers by Customers
No changes will be accepted 10 days before the function; this includes catering numbers, final details on timings, food and special instructions.
Spit Roast / BBQ Specifications
Most of our machinery has the following specs
width - 90cm
height - 1.43m
length - 1.53m
We do have collapsible machinery available that will fit almost anywhere, however they are limited and we would need to know if you require one.
Deposits, Payments and Cancelation Policy
To make a firm booking, a deposit of 25% of the final price is expected. The outstanding balance must be paid at least 24 hours before eating time. Payment can be made via Credit / Debit Card or Bank Transfer.
Nyama Catering reserves the right to require full payment on the day the services are rendered.
The deposit is non-refundable.
Cancellations within 10 days before your function will incur the total cost.
General Liability
We do not accept liability for any failure to provide the service contracted due to circumstances beyond our control, including electricity and water failures or fire alarm evacuation.
Public Liability
To protect ourselves against third-party Claims, Nyama Catering has obtained Full Public Liability insurance. Please browse our legalities page if you need proof of this cover.
Leftover Food Disclaimer
In leaving any food after the event in your care, you acknowledge that you will be responsible for the safe storage of the food and understand that this agreement is on the basis that we will accept no liability with respect to the food. For any further guidelines on safe storage of food, please visit: http://www.foodsafety.gov/keep/charts/storagetimes.html
Fuel Surcharge
A fuel surcharge will apply depending on the distance we travel to the venue.
Staff Travel Time
1 Hours travel from OX106AS (return) would be FREE OF CHARGE. After that, a Staff Travel Charge of £10 per hour will be charged per staff member. This is for time spent on the road.
Traffic
At Nyama Catering, we always aim to beat the traffic by departing early from our premises. However, if we are held up in traffic, we cannot be held responsible if the service is not delivered on time.
Set Up & Equipment Charge
A 3.5% equipment hire charge will be charged for all events. This is to cover the ever-increasing maintenance costs for our special BBQ equipment.
Mobile Bar Terms
Please Note: These Terms only apply when you have booked a mobile bar from Nyama.
Contract
Upon acceptance, our quotation and these conditions shall together constitute the contract between us, Nyama Catering Ltd (“Nyama”), and you (“the client”).
Payment Terms
As described above. The booking is only secured upon receipt of a deposit. The remainder is payable on the day of the event or before the event. If the client fails to make any payment on the due date, then, without prejudice to any other right or remedy of Nyama, Nyama shall be entitled to charge interest (both before and after any judgment) on the amount unpaid at the rate of 2% above HSBC bank plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month to calculate interest). Nyama Catering does reserve the right to ask for the balance to be paid in advance at any time.
Supply Terms
Unless agreed otherwise, Nyama will be the sole drink supplier and distributor for the event. This includes all alcoholic and non-alcoholic drinks and any other beverages served. Any unapproved drinks bought on the premises will result in the loss of the deposit.
Breakages
Any breakages will be charged at £1 per glass.
Wet Bar Cancellation
In the event of cancellation by the client, the following charges will be incurred
3 months before 50% of the total quotation
1 month before 100% of the total quotation
Cancellation of a Cash / Dry Bar
A £500 cancellation fee will apply if cancelled 1 month before the event.
Limitation of liability
As expressly provided in these terms and conditions, except where goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded from the fullest extent permitted by law.
Where any goods are sold under a consumer transaction (as defined in the Sale of Goods Act 1979), the client's statutory rights are not affected by these.
Except as provided in the condition below, Nyama shall not be liable to the client because of any representation (unless fraudulent), or any implied warranty, condition or other terms, or any duty at common law or under the express terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses, or other claims for consequential compensation (whether caused by the negligence of Nyama, its employees or agents or otherwise) which arose out of or in connection with the supply of goods or services by Nyama to the client and the entire liability of Spirit Nyama shall not exceed the contract price for the goods and/or the services.
Nyama accepts liability for death and personal injury to the extent caused by the negligence of Nyama, its employees and agents (during their employment and agency, as appropriate).
The client must ensure that he/she has a Temporary Event Notice (TEN) if applicable. The client will also send Nyama a copy of this notice or license 14 days before the event. The notice must clearly say that the sale of alcohol will occur, and the duration or time needs to be specified. If Nyama does not receive TEN within the time specified, it will be assumed that the TEN has been granted and will be the client's sole responsibility. Nyama would not accept any liability.
Force majeure
Nyama shall not be regarded as being in breach or be liable to the client for any loss, damage or injury caused as a direct or indirect result of the performance of any obligation under these terms and conditions being prevented, hindered or delayed by any events or circumstances beyond the reasonable control of Nyama including, but not limited to fire, flood, storm, volcanoes, act of god, war, strikes, trade disputes or other industrial action.
Third-party rights
A person who is not a party to this contract has no rights under the Contract (Right of Third Parties) Act 1999 to enforce any term of the contract or these terms and conditions, but this does not affect any right or remedy of a third party that exists apart from that act.
Applicable law
The laws of England shall govern the contract's validity, construction performance and terms and conditions, and the parties agree to submit to the exclusive jurisdiction of the English courts.
