1.1 In these terms and conditions:
“Charges” means the charges for the Services
“Client” means the person or entity that enters into a contract for Services with KHWEZA FOODS LTD. and this term shall also be deemed to include all persons or entities on behalf of whom that person or entity enters into a contract with KHWEZA FOODS LTD.
“Contract” means any contract between KHWEZA FOODS LTD. and the Client which incorporates these terms and conditions
“Event” means the function, event or occasion in respect of which the Services are provided
“KHWEZA FOODS LTD” means the Outside Catering and supply hire (a company registered in Kenya)its successors and assigns
“Reservation” means a booking, reservation or other similar request for the Services by the Client
“Services” means the services and arrangements KHWEZA FOODS LTD. will provide to the Client under the Contract
1.2 The headings in these Conditions do not affect their interpretation
1.3 References to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires
2.1 These terms and conditions alone shall govern the Contract
2.2 No variation to these terms and conditions shall be binding unless agreed to in writing by KHWEZA FOODS LTD
3.1 A Reservation shall be deemed to be an offer by the Client to place an order for the Services subject to these terms and conditions
3.2 No Reservation shall be deemed to be accepted until KHWEZA FOODS LTD confirms the reservation in writing, by e-mail or by telephone subject to availability and payment of the Charges
4.1 Unless otherwise stated all Charges are exclusive of VAT
4.2 KHWEZA FOODS LTD reserves the right to alter the Charges at any time prior to the Event to cover increased costs incurred in providing the Services
5. TERMS OF PAYMENT
5.1 The Client shall pay the Charges to KHWEZA FOODS LTD as follows:
5.1.1 Cheque and cash payments, 75% deposit to confirm booking of an Event. The deposit must be cleared funds in the Company’s bank before the event.
5.1.2 The remaining 25% will be invoiced after the event and payment required within 14 days. If the payment has not been received by the due date.
5.2 All cheques should be paid to KHWEZA FOODS LTD.
6. NON PAYMENT
In the event the Client fails to pay any amounts due under the Charges within the time limits stipulated under clause 5.1, KHWEZA FOODS LTD shall be entitled at its discretion to treat the Contract as terminated and reallocate the Services to third parties without reference to the Client or charge the cancellation charges set out in clause 11.2.
7. FINAL NUMBERS
Invoices will be based on final numbers confirmed at least four (4) working days before the function, or on the numbers actually catered for, should this be higher. In the event the final numbers decrease within four working days the higher original figure will be charged for. Should the numbers rise during this time, KHWEZA FOODS LTD reserves the right to charge a rebooking charge. The fee will be calculated on a 15% charge of all costs relating to the increase that is staff, food, drinks and equipment (this is to take into account additional ordering and kitchen time and any penalties levied by the sub-contractors).
Any extra services provided by KHWEZA FOODS LTD at the Client’s request (not included with the original Services) are chargeable and will become due for payment upon invoice issued to the Client in respect of the extra services.
9. LATE PAYMENT
If the Client fails to pay any amounts due under the Contract the Client will be liable to pay interest to KHWEZA FOODS LTD on such sums from the due date for payment at the annual rate of 2% above the base lending rate from time to time of The Central Bank of Kenya, accruing on a daily basis until payment is made, whether before or after any judgment.
10. LIABILITY OF KHWEZA FOODS LTD
10.1 KHWEZA FOODS LTD shall not be liable for any indirect economic or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
10.2 Subject to clause 9.1, KHWEZA FOODS LTD’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, and restitution or otherwise, arising in connection with the Contract is limited to the Charges
10.4 It is the sole responsibility of the Client to obtain adequate insurance against cancellation or postponement of the Event for whatever reason
11. CANCELLATION BY CLIENT
11.2 KHWEZA FOODS LTD shall be entitled to charge the following cancellation charges:
11.2.1 for Services cancelled by the Client after payment of deposit, the client will forfeit on their deposit
11.3 The contract shall be treated as terminated in the event that the Client makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual of firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction)
11.4 In the event that KHWEZA FOODS LTD engages sub-contractors on the client’s behalf, their individual and particular cancellation charges will apply.
The term or date stated by KHWEZA FOODS LTD for delivery or removal of goods required in the provision of services is an estimate only and shall not be essential term of the contract. Delivery and collection will be attempted at all reasonable areas at a venue or facility. However should the access be restricted or additional time, personnel or facilities be required, any additional costs will be passed onto the client.
13. ALTERATION TO SERVICES REQUESTED BY CLIENT
13.1 For purposes of Menus which are suggestions only; they are tailored to suit the Client’s preferences or dietary requirements. KHWEZA FOODS LTD will endeavor to keep to the menu descriptions but there may be occasions beyond our control when market prices fluctuate or products become unavailable, we do reserve the right to make certain changes to the menu description.
13.2 KHWEZA FOODS LTD will Endeavour to accommodate any changes or alterations to the Services requested by the Client but is not obliged and cannot guarantee to do so.
13.3 KHWEZA FOODS LTD accepts no responsibility for any injuries caused by non-disclosure of allergies or special dietary needs.
14. MATTERS BEYOND REASONABLE CONTROL OF KHWEZA FOODS LTD (FORCE MAJEURE)
14.1 KHWEZA FOODS LTD shall not be liable for any matter beyond its reasonable control which result in the Event being altered or cancelled or in KHWEZA FOODS LTD being unable to provide the Services including, without limitation, weather conditions, acts of God, governmental actions, national emergency, acts of terrorism, protests, strikes, riot, or civil commotion
14.2 Where KHWEZA FOODS LTD is unable to provide the Services due to the alteration or cancellation of the Event by a third party who arranges the Event, KHWEZA FOODS LTD will endeavor to provide a suitable alternative and the Client agrees to accept the suitable alternative or to secure a refund for the Client only of any monies paid to a third party but is not obliged and cannot guarantee to do so.
15. CHANGES TO SERVICES BY KHWEZA FOODS LTD.
KHWEZA FOODS LTD will endeavor to provide the Services but reserves the right at its discretion to alter, amend or change the Services (including alterations, amendments or changes in time, date and venue) should it be found necessary to do so and shall have no liability to the Client for such alterations, amendments or changes except for refund of any monies no longer required to be paid to a third party.
16.1 KHWEZA FOODS LTD will upon assessment require full payment for any damages to the equipment or property provided by itself and or by its subcontractors, or within premises rented on their behalf.
16.2 KHWEZA FOODS LTD expect full payment upon issue of assessment of damages
17. THIRD PARTIES
17.1 KHWEZA FOODS LTD in providing the Services contracts with third parties in relation to the Event
17.2 KHWEZA FOODS LTD acts only as agent of the Client in contracting with third parties and no liability shall attach to KHWEZA FOODS LTD in connection with or arising out of the acts or omissions of third parties or their servants, agents or employees
17.3 The Contract shall be subject to any terms and conditions of third parties who KHWEZA FOODS LTD contacts with in relation to the Event, any terms and conditions of the organizers of the Event and any terms and conditions of the venue where the Event is held
17.4 KHWEZA FOODS LTD has no control over the running of the Event and all details or descriptions of the Event are for guide purposes only
18. AUTHORITY OF KHWEZA FOODS LTD.
18.1 The Client and his guests will comply with all reasonable instructions given by KHWEZA FOODS LTD
18.2 The Client and his guests will not introduce any signage or other promotional material at the Event without the prior written consent of KHWEZA FOODS LTD
A claim that the services are not in accordance with the Contract will not be accepted by KHWEZA FOODS LTD unless written notice is given to KHWEZA FOODS LTD within five (5) days of the provision of the services, stating the grounds of the claim and enclosing any supporting evidence. KHWEZA FOOD LTD’s liability (if any) to the customer in respect of any defect in the provision of the Service of got any breach of contract by KHWEZA FOODS LTD by the Company or its servants or agents shall be limited to the price. Property, title and ownership in all goods and materials sold subject to these terms and conditions shall not be passed to the Client until such time as all sums of money owing by the Client to KHWEZA FOODS LTD of any nature whatsoever shall have been paid. The risk in the goods or materials shall pass to the client upon delivery.
20. THIRD PARTY RIGHTS
The parties to this Contract do not intend that the Contract will be enforceable by any person that is not a party to it by virtue of the Contracts (Rights of Third Parties) Acts 2002.
21. LOSS OF PROPERTY
KHWEZA FOODS LTD and its staff will not be held responsible for property belonging to guests. Whilst every effort is made to ensure the safety of guest property KHWEZA FOODS LTD will not be held responsible for any loss or damage arising however caused.
22. APPLICABLE LAW
The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by Kenyan law and the parties submit to the exclusive jurisdiction of the Kenya courts.