1. Terms of Contract
This contract is for the sale and supply of food and beverages (collectively "Products”) and related catering services (“Services”) by “Dean & Deluca Catering” (referred herein as “We” or “Us”), a trading name of M.H Alshaya Co W.L.L.. This contract shall be only upon the terms and conditions herein stated and incorporated by reference, and any additional or different terms, including terms in any purchase order, will be of no effect unless expressly accepted in writing by Us. In the absence of such acceptance by Alshaya, you shall be deemed to contract solely on the basis of these Terms and Conditions.
The charges for the relevant Products and Services shall be as set out either in the relevant catalogue/menu or as varied by a quotation prepared by Us. Prices include any applicable taxes, duties and insurance.
3. Acceptance of Bookings
Bookings may be placed by phone, email or fax or in person at the marketing office at our Venue. Whilst bookings may be taken on a provisional basis, they must be confirmed by You within 48 hours and in any event, all bookings are subject to confirmation by Us and no contract shall be concluded otherwise. Services shall be provided either at the Prestige Ballroom, Avenues, Kuwait or at your premises (“our Venue” or “your Venue” as appropriate) for a function, party, seminar, exhibition or similar event (‘Event’). You must advise any dietary requirements at the time of booking and We will use our reasonable endeavours to comply with such requirements. Alshaya staff may not use their ‘Advantage Card’ employee discount card.
4. Cancellation or Variation
If You wish to cancel or vary your booking You must notify us in writing. In respect of cancellations, we reserve the right to apply the following charges as a percentage of the total sales value of the relevant Products and Services:
Cancellation Date - Charges payable
Over 7 calendar days prior to the event - 0%
Between 48 hours & 7 calendar days prior to the event - 50%
Cancellation between less than 48 h prior to the event- 100%
We reserve the right to cancel your booking if you do not return a signed copy of the order form within 48 hours or do not make payments in accordance with clause 6 below. Where the Services are to be provided at a Venue of your choice, we may also may vary or cancel the booking without liability if we do not deem the relevant Event to be morally or culturally appropriate or for any other reason outside our control. You shall agree with Us the guaranteed number of guests and shall notify Us as soon as possible, but in any event no later than 72 hours prior to the Event of any decrease or increase to the number of guests at the Event which exceeds a variance of 10%, Any additional guests attending the Event above the guaranteed number shall result in pro rata charges for Products and Services which shall be invoiced and payable before the end of the Event and any reduction in the number of guests below the guaranteed number shall not result in a discount or rebate being payable.
5. Products & Services
We shall deliver the Products and provide the Services at the Venue in accordance with the confirmed booking. We shall employ sufficient staff to properly carry out the Services. Neither you nor any of your guests may bring food or beverages into the Venue and alcoholic beverages are strictly forbidden at our Venue.
Unless we have agreed credit facilities in accordance with this clause, payment must be made by way of a 50% deposit upon signing the order form and the remaining 50% no later than 15 days prior to the Event.
Where We have agreed to provide you with credit facilities, you shall pay each invoice in full within the agreed number of days as per your agreement with Us. We may reject bookings or refuse to make or suspend delivery of Products and/or Services if you have any unpaid amounts due for previous bookings, or if We have reason to doubt your ability or readiness to pay. If Alshaya is required to retain any person (including, without limitation, any collection agency or solicitor) to collect overdue payments, all reasonable collection costs, including legal fees, shall be payable by you.
Unless expressly otherwise agreed, We warrant that the Products and Services shall be supplied in accordance with the applicable written specifications. You accept that:
(i) all Products and Services are described fairly on any relevant catalogue;
(ii) any catalogue pictures of the Products are only intended to be indicative of the relevant range;
(iii) any culinary equipment and props such as dishes, glasses and cutlery shown in such pictures are not included with the Products unless specifically stated;
(iv) We reserve the right to make reasonable substitutions of the Products depending upon stock availability.
We shall be liable to you as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever. In no event shall We be liable for any injury to you or your guests or for any damage, loss or theft of any of your or your guests’ property at the Venue and you are responsible for advising your guests accordingly. You shall be liable for any and all damage to our property or equipment caused by you or your guests at the Venue.
9. Intellectual Property
You may only use the trademark and logo of ‘Dean & Deluca’ and any of our other franchised brands with our prior written permission and then only for the specific permitted purpose of promoting the Event. You may not display any signs, banners or advertising inside or outside our Venue without our prior written permission and You shall obtain any necessary approvals and licenses.
10. Applicable Law
This contract shall be governed by and construed and interpreted in accord with the law of the relevant territory where the Products and Services are delivered, and the parties hereby agree that all matters arising out of or in connection with this contract shall be subject to the jurisdiction of the courts of that territory.
11. These Terms and Conditions are subject to change from time to time. This contract shall be governed by the then current version of the Terms and Conditions as at the date of booking confirmation.