“TERMS & CONDITIONS”
General Catering Information
All bookings are subject to availability. All events require a credit deposit to secure the reservation date. A booking is considered contingent upon the receipt of your credit card deposit. Happy Everything Catering does not provide alcohol service or serving staff of any kind. Alcohol related service and serving staff will be the sole responsibility of the customer. All menu items come completely garnished on disposable frames ready for service. All trays, pans, dishes, silverware, plates, etc. delivered can be simply disposed of after the customer's event. All items delivered are the property of the customer. The hot is delivered hot, and the cold is delivered cold. If it needs a spoon/tong it has a spoon/tong. Happy Everything Catering reserves the right to refuse events as we deem fit regardless of event date.
GUARANTEEING YOUR DATE - Required information for booking your date:
(5) Business days prior to your event date, final menu selection and “Guaranteed Minimum Number of Guests” (“GMNG”) must be reported to Happy Everything. This GMNG may increase; not decrease. If the number attending falls below the GMNG, the original GMNG will be charged. Any increases to your GMNG are subject to Happy Everything Catering’s approval. However, we cannot guarantee availability of additional items as specified in the original order and will substitute accordingly. (SEE SUBSTITUTIONS)
ALL ORDERS RECEIVED WITHIN 5 DAYS OF EVENT DATE:
If a booking is made less than (5) Business days prior to your event date, full payment will be required at that time, and there will be no refund if a cancellation is made.
CANCELLATIONS:
All cancellations must be in writing via fax (317-848-2712) or email (happyeverything@sbcglobal.net). Refunds are determined by the date & type of cancellation in relation to the function date. See below for explanation…
GENERAL CANCELLATIONS
At least 7 business days before the event is scheduled to take place
Customer reimbursed 100% of deposit
Between 7 – 4 business days before the event is scheduled to take place
Customer obligated for 50% of Total Bill
Less than 72 hours before the event is scheduled to take place
Customer obligated for 100% of Total Bill
Special Event Cancellations (i.e. Wedding, Open House, Graduations, Shower, etc)
More than 60 days before the event is scheduled to take place
Customer reimbursed 100% of deposit
Between 30 - 59 days before the event is scheduled to take place
Customer obligated for 50% of Total Bill
Less than 0 - 29 days before the event is scheduled to take place
Customer obligated for 100% of Total Bill
SUBSTITUTIONS / Special Requests/Dietary Requirements:
Happy Everything Catering must reserve the right to make substitutions when market conditions dictate, or for any reason beyond our control. All substitutions will be comparable or greater value, and if possible, you will be notified. All goods and ingredients offered are subject to availability. If an item becomes unavailable, or is of insufficient quality to be provided for a client's function, we reserve the right to make a substitution. Any special dietary requirements must be notified to Happy Everything Catering at 317-848-2711 (7) days prior to the event.
PRICING
All sales are final. While Happy Everything Catering strives to ensure accuracy, we reserve the right to correct any errors in pricing or descriptions, and to cancel or refuse to accept any order based on an incorrect price or description. Prices are subject to change without notice due to market conditions. All quoted prices are subject to change. These menus are valid for events that occur in 2008, excluding holidays.
DELIVERY FEES / SET-UP FEES / EVENT ACCESS:
All Happy Everything’s catering deliveries will be assessed a delivery fee based on the delivery location & accessibility. Happy Everything Catering will require reasonable access to the area of the event in order to deliver. This may include the use of lifts to upper and lower floors, the use of loading bays and vehicular access. If additional labor is required (e.g. access across lawns to marquees during inclement weather), we reserve the right to make a charge for this. Happy Everything’s delivery person will assist in set up of ordered food only. Happy Everything is not responsible for moving tables, furniture, table clothes, flowers arrangements, etc.
Approximate DELIVERY fees
ORDER SIZE and DELIVERY/SET-UP FEE
-All Orders between $250 - $599
$10.00 - $50.00
-All Orders between $600 - $1499
7% Delivery & Set-up Fee
-All Orders $1500 and above
14% Delivery & Set-up Fee
GRATUITY
Gratuity is never included in pricing. Gratuity is always at the discretion of the customer.
PAYMENT
The final balance of all orders may be paid by the following; Cash, Personal Check, Cashiers Check, Money Order, Visa, MasterCard, American Express, or Discover Card. Full payment must be received before pick-up or delivery of your event.
UNPAID BALANCES
Unpaid balances will be subject to penalties, interest, or both. Corporate Accounts are available. Interest may accrue from due date at 1.75% per month (annual rate 21%) plus cost of collections and reasonable attorney fees on any amount not paid.
FORCES BEYOND OUR CONTROL
No liability will be accepted by Happy Everything Catering for the failure to perform our obligations due to strike, lockout, hostilities or any other circumstances beyond our control. No liability is accepted for loss, damage or consequential loss caused by any failure to perform our obligations (whether due to negligence by us, our employees or sub contractors, or due to other causes) but this does not exclude liability for death or personal injury as required by law.
MISCELLANIOUS
This Agreement is the entire understanding between the parties hereto and supersedes all prior oral or written agreements, commitments, or understandings. No promise, inducement or agreement not expressed in this Agreement has been made by either of the parties. No amendment or modification of this Agreement shall be valid or binding unless set forth in a subsequent writing duly executed by all parties.
The terms of this Agreement are severable so that if any term or condition is invalid or unenforceable, that term will be modified to make it valid and enforceable, or deleted if incapable of being modified, and the rest of this Agreement will remain in full force and effect.
This Agreement may be executed in counterparts, and facsimile signatures shall be effective as original signatures.
In the event a dispute arises, the customer shall except, in lieu of any and all other damages or remedies at law or equity, liquidated damages in the amount of 10% of the entire order placed, provided however, that such liquidated damages shall not exceed $250.00. For purposes of this Agreement, an entire order shall consist of one (1) order or a group or series of all orders.
In the event that a dispute arises between the parties related to this Agreement and litigation ensues, the prevailing Party shall be entitled to costs and attorney fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana. Any suits, claims, or other legal proceedings relating to this Agreement shall be brought and may only be commenced and maintained in the courts of the State of Indiana located in Hamilton County or, if jurisdiction exists, in the United States District Court for the Southern District of Indiana, and courts having appellate jurisdiction with respect to matters in controversy before such courts.
Any waiver or modification of any provision of this Agreement must be in writing. No waiver or modification of any provision of this Agreement shall constitute either a waiver of any other provision hereof (whether or not similar) or a continuing waiver.
CATERING CONTRACT
Catering reservations are valid for up to one calendar year. A signed copy of this contract, as may be amended from time to time, must be on file in our offices in order for the contract to be valid and shall cover all future orders. All quoted prices are current and subject to change. These menus are valid for events that occur between January 2008 and December 2008, excluding holidays. |