Terms and Conditions
The Backyard Terms of Business & Important Information
The Backyard wants your event to be a success and the best way to achieve this is to formulate a strong, honest and open relationship with you, where communication is clear and expectations from both sides are understood from the outset. Accordingly, the following terms and conditions will apply to the goods and services provided by or on behalf of Gill Oxenham, trading as The Backyard Catering (referred to in these Terms of Business as “The Backyard” or “we” or “us”). The person to whom we provide the goods and services is referred to in these Terms of Business as “the Client” or “you”.
- The Client will be afforded a reasonable opportunity to inspect the hired goods upon delivery to ensure they are of the type, quantity and quality ordered. It is the Client’s responsibility to also report any breakages or shortages to the responsible person at The Backyard. We request that the person accepting delivery on behalf of the Client records such discrepancies on the delivery note and signs accordingly.
- All cutlery, crockery, glassware, décor, linen and other equipment hired from us (collectively referred to as “Hired Equipment”) should be stored by the Client in a secure area at the venue.
- THE CLIENT SHALL BE LIABLE FOR ANY LOSSES AND OR DAMAGES IRRESPECTIVE OF THE CAUSE OR NATURE THEREOF, OCCASIONED TO ANY HIRED EQUIPMENT WITH EFFECT FROM THE TIME THAT IT IS DELIVERED TO YOU UNTIL SUCH TIME AS IT IS COLLECTED BY US.
- The value of any damaged or missing items of Hired Equipment will be added to your final invoice.
- Our delivery/collection personnel are not responsible for the “set-up” or “break down” of Hired Equipment (or any other equipment or arrangements) at the Client’s event.
- In the event of any product unavailability, we reserve the right to provide a substitute of comparable or greater quality and value, subject to having notified you.
- The Backyard provides a bar service through a subcontracted supplier on a sale and return basis, excluding perishable drinks (such as fresh fruit juices) which may not be returned. All undamaged and unopened bottles and unopened six-packs are returnable as long as all seals, packaging and labels are intact and in good condition.
- The Client may select their choice of wine, spirits & malts, subject to the availability thereof.
- Certain glasses may be included in the bar service, otherwise glasses will hired and paid for by the Client at an additional cost. We will indicate where such additional charges shall apply.
- Certain bar utensils may be included in the bar service, others are subject to a hiring fee. We will indicate where such additional charges shall apply.
- The Backyard is entitled to charge a 30% fee (for which the Client shall be liable) on the total value of the bar account from the subcontracted supplier.
- The Client will be afforded a reasonable opportunity to inspect and check all bar stock to ensure it is of the type, quality and quantity ordered. It is also the Client’s responsibility to report any breakages or shortages to the responsible person at The Backyard. We request that the delivery person records such discrepancies on the delivery note and signs accordingly.
- All bar stock should be stored in a secure area at the venue.
- YOU AS THE CLIENT ARE LIABLE FOR ANY LOSSES AND OR DAMAGES IRRESPECTIVE OF THE CAUSE OR NATURE THEREOF, OCCASIONED TO, INTER ALIA, THE BAR STOCK AND ASSOCIATED UTENSILS FROM THE TIME THAT IT IS DELIVERED TO YOU UNTIL SUCH TIME AS IT IS COLLECTED BY US.
- The value of any damaged or missing goods will be added to your final invoice.
- Delivery of food and the subsequent collection of the Hired Goods will be area dependant as noted in our estimate or on the proforma invoice.
- Our collection of the Hired Goods will be on the working day following the day of the Client’s function, or as may otherwise be arranged with the Client. Should the Client require the collection to be done on a Saturday, Sunday or Public Holiday an additional charge will be incurred.
- All delivery/collection times quoted are approximate and are subject to traffic conditions and other conditions that may be beyond our reasonable control.
- The costs of transportation of our staff after normal business hours will be payable and will be area, time and numbers dependant, as noted in our estimate/proforma invoice.
- Any and all of our staff in attendance at the Client’s function are chargeable at an hourly rate, including the time spent in the setup, food preparation, serving, cleaning, clearing or packing-up. These hourly rates will be noted in our estimate/proforma invoice, but please note that the hours noted are merely a guideline and the final amount of chargeable hours will only be calculated after the Client’s function and will reflect on the final invoice, subject to the minimum number of chargeable hours referred to below.
- A minimum of 3 hours is charged for kitchen staff, and a minimum of 4 hours on waitering and bar staff.
- A nominal fee will be charged for waitering and bar staff transportation to an event.
- Waiters will generally arrive approximately 1½ hours prior to the start of an event, for setup purposes.
- We kindly request that our staff are treated in a respectful manner by the Client and its guests and organisers.
- Should a function manager not be required by the Client, then the onus falls on the Client to dismiss the waiters, this being generally once everything is cleaned, cleared and packed. All hours are chargeable regardless.
- Any catered leftovers will be served to sustain the staff working on site and will be served in an appropriate manner so as not to hinder levels of service. For food safety reasons, catered leftovers will remain the property of The Backyard, and are not available for the Client to take away.
Function Management fee:
- Depending on the nature or extent of a Client’s function, we may levy a management fee to cover the costs incurred in the relevant arranging of venues, hiring, flowers, décor and any extras that may be required.
- Should such a fee be applicable it will be brought to your attention and noted on our estimate/proforma invoice.
- The contracted waiters, barmen and Chefs are well trained and have a reasonable idea of what may be expected in the ordinary course of events, with regards to the set-up and break-down at a function. However, should a function coordinator not be commissioned coordination of such staff will remain the Clients responsibility.
- If our staff are in attendance at the Client’s function, they will place refuse generated by them at the Client’s venue and the food provided by us to the Client in refuse bags during the course of the Client’s function. The removal of the refuse bags thereafter remains the Client’s responsibility.
- Should the Client prefer the refuse to be removed, The Backyard will contract a waste removal company on the Client’s behalf for the Clients account, with the Client’s consent.
Breakdown & Clean Up:
- Should our staff not be in attendance at the Client’s function or should the Client choose to dismiss the waiters before the end of the Client’s function, then the Client will be responsible for the break down and gathering of all Hired Equipment, including furniture, ready for collection by us.
- Our staff, if in attendance at the Client’s function, will clear and clean any moderate spills caused by guests during the event but will not be responsible for any loss or damage caused by the Client or their staff, guests or invitees.
- Our staff will clean all kitchen areas that have been made use of to the condition and state in which they found them on their arrival, however guest areas and any deep cleaning will be the responsibility of the Client. Should such be required, we The Backyard will subcontract such services on the Client’s behalf for the Clients account, with the Client’s consent.
- A deposit or full payment is required to secure your booking. This will be at the discretion of The Backyard.
- Such deposit or full payment, if it is required, must be received 10 days prior to the function unless other arrangements have been made.
- No orders will be delivered to the Client without satisfactory proof of payment, where applicable.
- Final outstanding payments must be made into The Backyard account on presentation of the final invoice.
- All banking details will be printed on the invoices for your convenience.
- If the Client is in disagreement with any invoice or fee raised, the Client is required to notify us in writing within 3 days of the date of the invoice, failing which the Client will be deemed to have accepted the fees set out in that invoice.
- We will be entitled to charge interest (at the Standard Bank prime lending rate) on all amounts outstanding, for whatever reason, for more than 5 days from the date of invoice.
- 50% of the total fee is payable should a Client cancel their order with us less than 3 working days prior to the Client’s event and, where applicable, such stock as may have been ordered by us for the Client’s function will, where practicable and at our discretion, be made available to the Client for collection.
- No cancellation fee will be charged in the event of a cancellation as a result of the death or hospitalisation of the Client (or, where the Client is a juristic entity, a senior official of the Client).
- Final guest numbers must be confirmed no less than 72 hours prior to the date of the Client’s function.
Limitation of liability:
- WE WILL NOT BE LIABLE TO THE CLIENT, OR ANY CESSIONARY OR THIRD PARTY CLAIMING THROUGH OR ON BEHALF OF THE CLIENT, IN RESPECT OF ANY CLAIM WHATSOEVER, WHETHER IN CONTRACT, DELICT OR OTHERWISE, FOR ANY LOSS, DAMAGES, COSTS OR EXPENSES DIRECTLY OR INDIRECTLY INCURRED AS A RESULT OF OUR PROVISION OF GOODS OR SERVICES TO OR ON BEHALF OF THE CLIENT, EXCEPT TO THE EXTENT THAT SUCH LOSSES, DAMAGES, COSTS OR EXPENSES INCURRED BY THE CLIENT ARE FOUND IN FINAL JUDGEMENT TO BE THE DIRECT RESULT OF OUR TOTAL OR PARTIAL BREACH OF THE TERMS OF THESE TERMS OF BUSINESS, FRAUD OR GROSS NEGLIGENCE OR AN ACT OR OMISSION ON OUR PART AND FOR WHICH WE ARE LIABLE HAS CAUSED DEATH OR PERSONAL INJURY. IN THESE OR ANY OTHER CIRCUMSTANCES, THE MAXIMUM AMOUNT OF OUR LIABILITY IN RESPECT OF SUCH LOSSES, DAMAGES, COSTS OR EXPENSES WILL BE LIMITED TO THE AMOUNT OF FEES THAT HAVE BEEN PAID TO US BY OR ON BEHALF OF THE CLIENT IN CONNECTION WITH THE GOODS OR SERVICES THAT WE HAVE PROVIDED.
- If and to the extent that the Consumer Protection Act, 2008, does not apply to the goods and services provided by us to the Client then, in addition to the limitation of liability above, the Client also hereby agrees to indemnify us and at all times keep us indemnified against all losses, claims, expenses, damages, liabilities, actions demands, proceedings and judgements whatsoever in relation to or arising directly or indirectly out of our provision of the goods and services to the Client, and the Client will reimburse us from time to time for all costs and expenses (including legal and other professional fees) that we may reasonably incur in connection with investigating, preparing or defending any such action or claim, whether or not in connection with pending or threatened or actual litigation or arbitration in which we are a party and whether or not resulting in any liability on our part.
- If any provision of these terms and conditions contravene any applicable law or regulation or is declared void or unenforceable by a court or administrative body of competent jurisdiction, the validity of the remaining provisions will not be affected.
Further important points to note:
Where the Client’s function is for more than 20 guests, menus need to be submitted and confirmed by us not less than 5 working days prior to the date of the Client’s function. Where the Client’s function is for less than 20 guests, menus need to be submitted and confirmed by us not less than 3 working days prior to the date of the Client’s function. Extra costs for menus requested after these time periods and “last-minute” orders will be at the discretion of The Backyard.
Please note that our kitchen is not Halaal or Kosher. Certain of our chicken and fish products are Halaal. However, should you require Kosher or Halaal meals, we will outsource those meals and they may differ from the menu selection you have made and may be subject to surcharges, of which we will notify you.
Any special food allergies must be made known to us by separate letter addressed to us and confirmed by us no less than 3 days prior to the Client’s function. This will ensure that special dietary requirements are adhered to in respect of food preparation. On the day of the Client’s function the guests with special pre–arranged dietary requirement should be made known to the chef or supervisor in charge of the Client’s event so as to ensure that such specially catered meals are served to the correct guest.
A fully functional kitchen (which includes covered and enclosed area, oven(s), hot and cold running (drinking) water, plug points, lighting and surface space, all of which must be suitable for the type, quantity and quality of food that the Client has ordered from us) must be provided by the Client.
In order to maintain the highest standards of hygiene in the preparation of food when we cater off site, it is your responsibility to ensure that the kitchen facilities, utensils and equipment provided are in a clean and hygienic condition and otherwise in a state and condition that is suitable for the type, quantity and quality of food that the Client has ordered from us.
If and to the extent that any of the kitchen equipment or food preparation areas are unsuitable for the type, quantity and quality of food that the Client has ordered from us, we will inform you thereof and hire such additional equipment on your behalf as may be necessary, at an additional charge, of which we will notify you in advance.
We welcome feedback from the Client and will be available to discuss our services and the manner and form in which they are being or have been provided to the Client at any time.
All prices quoted are, unless otherwise expressly indicated, exclusive of VAT.
Please ensure that you have read and fully understand these Terms of Business and all relevant information included in them.
Please return back a signed copy to our offices on 086 721 2120 or by email. The Backyard will, in its discretion, only provide the goods and services that the Client has requested if our Terms of Business, duly signed and initialled by the Client, have been received by us. If and to the extent that the Terms of Business are not signed by the Client, the payment by or on behalf of the Client of any fees and charges to us for such goods or services or the acceptance of any of the goods or services from us shall be deemed to be an acknowledgment and acceptance by the Client of these Terms of Business.
Signed by the Client ………………………………………………… at……………………………………………………………….
on this the……………………. day of………………………………… 20…………