07983307480

Curious Catering LTD Terms & Conditions for the Supply of Goods
Curious Catering LTD (registered in England and Wales with company number 12732527)
Curious Catering LTD Trading as Curious Kitchen
 

CONTENTS
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CLAUSE
1. Interpritation…………………………………………………………………………………………………………………
2. Basis of Contract……………………………………………………………………………………………………………
3.Goods…………………………………………………………………………………………………………………………
4. Delivery………………………………………………………………………………………………………………………
5. Title and Risk…………………………………………………………………………………………………………………
6. Price and Payment……………………………………………………………………………………………………………
7. Limitation of liability…………………………………………………………………………………………………………
8. Termination……………………………………………………………………………………………………………………
9. Force majeure…………………………………………………………………………………………………………………
10. General………………………………………………………………………………………………………………………
 

THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 8

1.1 Interpretation:

The following definitions and rules of interpretation apply in these Conditions.
Definitions:

Business Day: a day other than a Saturday, Sunday, or public holiday in England, when banks in
London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time
Contract: the contract between the Supplier and the Customer for the sale and purchase of the
Goods
Customer: the person or firm who purchases the Goods from the Supplier.
Delivery Location: has the meaning given in clause 4.1.
Force Majeure Event: an event, circumstance, or cause beyond a party's reasonable control.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer's order for the Goods, as set out in the Customer's written acceptance of
the Supplier's quotation as the case may be.

Specification: any specification for the Goods, that is agreed in writing by the Customer and the
Supplier.
Supplier: Curious Catering LTD (registered in England and Wales with company number
12732527).

1.2
          (a) A person includes a natural person, corporate or unincorporated body (whether
          or not having separate legal personality).
          (b) A reference to a party includes its successors and permitted assigns.
          (c) A reference to a statute or statutory provision is a reference to it as amended or
          re-enacted. A reference to a statute or statutory provision includes all
          subordinate legislation made under that statute or statutory provision.
          (d) Any words following the terms including, include, in particular, for example or
          any similar expression shall be construed as illustrative and shall not limit the
          sense of the words, description, definition, phrase or term preceding those
          terms.
          (e) A reference to writing or written includes fax and email.

2. Basis of contract

2.1 These Conditions apply to the Contract to the exclusion of any other terms that the
Customer seeks to impose or incorporate, or which are implied by law, trade custom,
practice, or course of dealing.

2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with
these Conditions. The Customer is responsible for ensuring that the terms of the Order
and any applicable Specification are complete and accurate.

2.3 The Order shall only be deemed to be accepted when the Supplier issues a written
acceptance of the Order, at which point the Contract shall come into existence.

2.4 The Customer waives any right it might otherwise have to rely on any term endorsed
upon, delivered with or contained in any documents of the Customer that is inconsistent
with these Conditions.

2.5 Any samples, drawings, descriptive matter or advertising produced by the Supplier and
any descriptions or illustrations contained in the Supplier's catalogue, or other
advertising/ promotional materiel are produced for the sole purpose of giving an 
approximate idea of the Goods referred to in them. They shall not form part of the
Contract nor have any contractual force.

2.6 A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation
shall only be valid for a period of 30 Business Days from its date of issue. Unless the
Supplier in its sole discretion specifies otherwise.

3. Goods

3.1 The Goods are described in the Supplier's the Specification.

3.2 To the extent that the Goods are to be manufactured in accordance with a Specification
supplied by the Customer, the Customer shall indemnify the Supplier against all liabilities,
costs, expenses, damages and losses (including any direct, indirect or consequential
losses, loss of profit, loss of reputation and all interest, penalties and legal and other
reasonable professional costs and expenses) suffered or incurred by the Supplier in
connection with any claim made against the Supplier for actual or alleged infringement
of a third party's intellectual property rights arising out of or in connection with the
Supplier's use of the Specification. This clause 3.2 shall survive termination of the
Contract.

3.3 The Supplier reserves the right to amend the Specification if required by any applicable
statutory or regulatory requirements.

4. Delivery

4.1 The Supplier shall deliver the Goods to the location set out in the Order or such other
location as the parties may agree (Delivery Location) at any time after the Supplier
notifies the Customer that the Goods are ready.

4.2 Delivery is completed on the completion of unloading of the Goods at the Delivery
Location.

4.3 The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a
Force Majeure Event or the Customer's failure to provide the Supplier with adequate
delivery instructions or any other instructions that are relevant to the supply of the
Goods.

5. Title and risk

5.1 The risk in the Goods shall pass to the Customer on completion of delivery.

5.2 Title to the Goods shall not pass to the Customer until the earlier of:

          (a) the Supplier receives payment in full (in cash or cleared funds) for the Goods and
          any other goods that the Supplier has supplied to the Customer in respect of
          which payment has become due, in which case title to the Goods shall pass at
          the time of payment [of all such sums

6. Price and payment

6.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the
price set out in the Supplier's published price list in force as at the date of delivery.

6.2 The Supplier may, by giving notice to the Customer at any time before delivery, increase
the price of the Goods to reflect any increase in the cost of the Goods that is due to:

          (a) any factor beyond the Supplier's control (including foreign exchange fluctuations,
          increases in taxes and duties, and increases in labour, materials and other
          manufacturing costs)
          (b) any request by the Customer to change the delivery date(s), quantities or types
          of Goods ordered, or the Specification; or
          (c) any delay caused by any instructions of the Customer or failure of the Customer
          to give the Supplier adequate or accurate information or instructions.

6.3 The price of the Goods excludes the costs and charges of packaging, insurance, and
transport of the Goods. The Supplier may at its sole discretion waive payment for
deliveries within 10 miles of Curious Kitchen (IG10).

6.4 The Supplier may invoice the Customer for the Goods within 24 hours or at any time
before the completion of delivery.

6.5 The Customer shall pay for the quotation submitted by the Supplier:

          (a) in full and in cleared funds to a bank account nominated in writing by the
          Supplier, and time for payment shall be of the essence of the Contract.

6.6 If the Customer fails to make a payment due to the Supplier under the Contract by the
due date, then, without limiting the Supplier's remedies under clause 8 (Termination), the
Supplier may suspend its performance of the contract until such payment is received in
full.

6.7 All amounts due under the Contract shall be paid in full without any set-off, counterclaim,
deduction or withholding (other than any deduction or withholding of tax as required by
law).

7. Limitation of liability

7.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual
claims not exceeding £ 5 Million per claim. The limits and exclusions in this clause reflect
the insurance cover the Supplier has been able to arrange and the Customer is responsible
for making its own arrangements for the insurance of any excess loss.

7.2 The restrictions on liability in this clause 7 apply to every liability arising under or in
connection with the Contract including liability in contract, tort (including negligence),
misrepresentation, restitution or otherwise.

7.3 Nothing in the Contract limits any liability which cannot legally be limited, including
liability for:

          (a) death or personal injury caused by negligence.
          (b) fraud or fraudulent misrepresentation.
          (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
          (d) defective products under the Consumer Protection Act 1987.

7.4 Subject to clause 7.3, the Supplier's total liability to the Customer shall not exceed he
amount of the Goods and any ancillary costs in connection with the Goods Hereunder.

7.5 Subject to clause 7.3, the following types of loss are wholly excluded:

          (a) loss of profits;
          (b) loss of sales or business.
          (c) loss of agreements or contracts;
          (d) loss of anticipated savings;
          (e) loss of use or corruption of software, data or information;
          (f) loss of or damage to goodwill; and
          (g) indirect or consequential loss.

7.6 This clause 7 shall survive termination of the Contract.

8. Termination

8.1 Without limiting its other rights or remedies, the Supplier may terminate this Contract
with immediate effect by giving written notice to the Customer if:

          (a) the Customer commits a material breach of any term of the Contract and (if such
          a breach is remediable) fails to remedy that breach within 3 days of that party
          being notified in writing to do so;
          (b) the Customer's financial position deteriorates so far as to reasonably justify the
          opinion that its ability to give effect to the terms of this agreement is in jeopardy.

8.2 Without limiting its other rights or remedies, the Supplier may terminate the Contract
with immediate effect by giving written notice to the Customer if the Customer fails to
pay any amount due under the Contract on the due date for payment.

8.3 Termination or expiry of the Contract, however arising, shall not affect any of the parties'
rights and remedies that have accrued as at termination or expiry, including the right to
claim damages in respect of any breach of the Contract which existed at or before the
date of termination or expiry.

8.4 Any provision of the Contract that expressly or by implication is intended to come into or
continue in force on or after termination or expiry of the Contract shall remain in full force
and effect.

9. Force majeure

Neither party shall be in breach of the Contract nor liable for delay in performing, or
failure to perform, any of its obligations under the Contract if such delay or failure result
from a Force Majeure Event. In such circumstances the affected party shall be entitled to
a reasonable extension of the time for performing such obligation. If the period of delay
or non-performance continues for 4 weeks, the party not affected may terminate this
agreement by giving 7 days' written notice to the affected party.

10. General

10.1 Assignment and other dealings.

          (a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract,
          delegate, declare a trust over or deal in any other manner with all or any of its
          rights or obligations under the Contract.
          (b) The Customer may not assign, transfer, mortgage, charge, subcontract, delegate,
          declare a trust over or deal in any other manner with any or all of its rights or
          obligations under the Contract without the prior written consent of the Supplier.

10.2 Confidentiality

          (a) Each party undertakes that it shall not at any time during the Contract and for a
          period of two years after termination of the Contract, disclose to any person any
          confidential information concerning the business, affairs, customers, clients or
          suppliers of the other party, except as permitted by clause 10.2(b).
          (b) Each party may disclose the other party's confidential information:
                    (i) to its employees, officers, representatives or advisers who need to know
                    such information for the purposes of exercising the party's rights or
                    carrying out its obligations under the Contract. Each party shall ensure
                    that its employees, officers, representatives or advisers to whom it
                    discloses the other party's confidential information comply with this
                    clause 10.2; and
                    (ii) as may be required by law, a court of competent jurisdiction or any
                    governmental or regulatory authority.
          (c) Neither party shall use the other party's confidential information for any purpose
          other than to exercise its rights and perform its obligations under or in
          connection with the Contract.

10.3 Entire agreement.

          (a) This Contract constitutes the entire agreement between the parties and
          supersedes and extinguishes all previous agreements, promises, assurances,
          warranties, representations and understandings between them, whether written
          or oral, relating to its subject matter.
          (b) Each party agrees that it shall have no remedies in respect of any statement,
          representation, assurance or warranty (whether made innocently or negligently)
          that is not set out in this agreement. Each party agrees that it shall have no claim
          for innocent or negligent misrepresentation based on any statement in this
          agreement.

10.4 Variation. No variation of this Contract shall be effective unless it is in writing and signed
by the parties (or their authorised representatives).

10.5 Waiver. No failure or delay by a party to exercise any right or remedy provided under the
Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall
it prevent or restrict the further exercise of that or any other right or remedy. No single
or partial exercise of such right or remedy shall prevent or restrict the further exercise of
that or any other right or remedy.

10.6 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal
or unenforceable, it shall be deemed deleted, but that shall not affect the validity and
enforceability of the rest of this agreement. If any provision of the Contract is deemed
deleted under this clause 10.6 the parties shall negotiate in good faith to agree a
replacement provision that, to the greatest extent possible, achieves the intended
commercial result of the original provision.

10.7 Third party rights.

          (a) Unless it expressly states otherwise, the Contract does not give rise to any rights
          under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the
          Contract.
          (b) The rights of the parties to rescind or vary the Contract are not subject to the
          consent of any other person.

10.8 Governing law. The Contract, and any dispute or claim (including non-contractual
disputes or claims) arising out of or in connection with it or its subject matter or
formation, shall be governed by and construed in accordance with the law of England and
Wales.

10.9 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have
exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or
claims) arising out of or in connection with this Contract or its subject matter or
formation.