Definitions. In these Terms and Conditions, Palette means Palette Limited; "the Client" means the person, firm or company making the booking, and "the Booking means the event detailed in the Quotation for which Palette is providing specified goods and/or services; "the Quotation" means the total of the Quotation of each price for each element of the Booking as set out in the quote provided to the Client, based on the estimated number of persons who will be attending the Booking. "Terms and Conditions" means the standard Terms and Conditions set out in this document and includes any special terms and conditions agreed in writing between the Client and Palette.
Quotations. Quotations are valid for three months from the date the Quotation is given to the Client, unless withdrawn in writing by Palette prior to the Client's acceptance of it in writing.
Confirmation. No Booking shall be deemed to be accepted by Palette unless and until confirmed in writing by the Client. The Client's signature will confirm acceptance of both the quotation, these Terms and Conditions and the Cancellation Charges.
Third Party Arrangements. When a party is arranged on behalf of the Client by a third party, written acceptance from the Client of the Quotation (including agreement to pay the deposit and final invoice) must be provided to Palette.
Advertising Materials. All drawings, descriptive matter, specifications and advertising issued by Palette and any descriptions or illustrations contained in any of Palette printed materials or Quotations are issued or published for the sole purpose of giving an approximate idea of the goods or services described in them.
Numbers. All prices quoted are specific to the number of guests quoted and any changes to numbers or dietary requirements will affect the overall price contained in the Quotation (which will be amended from time to time by Palette to reflect any such changes). Confirmation of the final minimum numbers and dietary requirements must be given at least five working days prior to the date of the event, or such earlier date as Palette may specify in the Quotation. If the numbers or dietary requirements, of persons who attend is more than the number notified, or changed (as appropriate), the Client will be charged for each such additional guest or change of dietary requirement at a price per head which is 10% above the price per head stated in the Quotation.
Variations. The price or contents of menus, flowers, decorations or any element of the Booking that Palette shall supply are subject to market availability. Any alteration in price or content of a specific element will be notified to the Client in writing. Palette cannot be held responsible for any variations or alterations and has the right to increase the price of the Booking to reflect any increases to it in the cost of performing the Booking which is beyond its control. In such an event the Client may as soon as practicable on receipt of invoice give notice in writing to negotiate the provision of the specific element of the Booking for which the cost has been increased. The aforementioned right of the Client in no way gives it the right to cancel the Booking.
Deposits. A deposit of 10% is payable on all events exceding a total cost of £5,000.00 excluding VAT or more upon signing. A further 80% (if on an event over £5,000.00) or 90% (if on an event of £5,000.00 excluding VAT or less or when a 10% deposit has not been requested) of the Quotation is payable by the Client not later than 6 weeks before the date of the Event, or such earlier date as may be specified in the Quotation. If the Client fails to pay the deposit on or before the date requested, Palette shall be entitled to cancel the Booking and charge the Client in accordance with Clause 11.
Payments. Unless otherwise agreed by prior arrangement, Palette shall use all reasonable endeavours to issue the final invoice as soon as reasonably practicable after the date of the Booking and all invoices are due for settlement within 14 days of the date of issue. Should payment not be received by the due date, Palette reserves the right to invoice interest accrued at the standard base rate (as issued by Lloyds Bank) from that day onwards, until payment is received.
VAT. VAT at the current rate of the place of supply of the services contained in the Quotation is payable on all sums due in accordance with these Terms and Conditions.
Cancellation. If a Booking is, or specified number of the Client's guests at a Booking are cancelled after it has been confirmed by the Client, the Client will be liable for any loss, costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Palette or any sub contractors as a result of the cancellation. Palette may, as its option, assess those costs on the basis of the attached Cancellation Charges Schedule.
COVID 19: In the event that due to government or venue restrictions because of the pandemic an event needs to be postponed we will make every effort to minimise charges and work flexibly with the client to agree a new date and transfer the whole booking as previously agreed, with no additional charges.
The client will be liable for any costs incurred, but up to 7 days prior to the event date we endeavour to avoid incurring additional costs for elements such as staffing, floral designs, catering, drinks etc. We would aim to minimise any costs from third party suppliers (such as hired in production/entertainment etc) but this depends upon their specific T&Cs. Should the event be cancelled completely we would look to the client to cover costs incurred such as admin, site visits, tastings etc.
Instructions. The Client shall be responsible to Palette for ensuring the accuracy of the terms of any order submitted by the Client and for giving Palette any necessary information relating to the Booking within sufficient time to enable Palette to perform the Quotation in accordance with its terms.
Food, Flowers, Decorations. Palette cannot be held responsible for the safety of any factor of their event that has been supplied directly by the Client, this includes food, drinks, flowers, design/production elements.
Property. Palette shall not be held liable for loss, theft or damage to any of the Client's or the Client's guests' property during the Booking unless such loss, theft or damage is as a direct result of any wilful act or neglect of Palette.
Loss or Damage. The Client is wholly responsible for all equipment supplied by Palette for the purposes of the Booking from the time of delivery to the Client or the Booking until it is collected. The Client must ensure that the equipment is sufficiently insured and Palette may call for evidence of such insurance from time to time. Risk of any damage to or loss of the equipment shall pass to the Client on delivery. Property in the equipment shall not pass to the Client. The Client will be responsible for any loss or damage caused by the Client's representatives or guests to property owned or hired by Palette, provided that the Client shall not be liable or wholly liable (as the case may be) for any loss or damage insofar as such loss or damage is caused or contributed to by any wilful act, default or negligence by or on the part of Palette.
Client's Responsibility. The Client will indemnify, defend and hold harmless Palette and its partners, principals, offices, directors and agents and employees from and against any and all demands, claims, damages to persons or property, losses and liabilities, including reasonable legal fees, arising out of or caused by the Client's negligence or wilful misconduct in connection with the Booking.
Force Majeur. Neither party shall be liable to the other for any delay or non-performance of its obligations under these Terms and Conditions arising from any cause beyond its reasonable control including, without limitation, any of the following: Act of God, Government act, war, fire, flood, explosion or civil commotion. If at any time before the date of the Booking, the Booking is prevented from taking place in its entirety because of any such cause, Palette will refund all monies paid by the Client to Palette in respect of the relevant Booking save the monies that Palette is not able, using reasonable endeavours (but at the Client's expense) to recover from any third party properly paid in connection with the relevent Booking and (with Palette being willing to enter into negotiations with the Client in respect hereof) any other expenses reasonably incurred in relation to the relevant Booking up to the date of any such cause.
Limitation of Liability. Subject to the express provisions of these Terms and Conditions Palette shall not be liable for any indirect loss or consequential loss howsoever caused by its failure to perform its obligations under these Terms and Conditions.
Death or Personal Liability. Nothing in these Terms and Conditions shall operate to limit the liability of Palette for death or any personal injury caused by its negligence.
Waiver. No waiver by Palette of any breach of the contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
Data Protection/Privacy. Palette shall not use, copy, adapt, disclose or part with possession of any business, employee, customer or guest information or data of or relating to the Client which is disclosed directly as a result of these Terms and Conditions or disclose to any third party the details and contents of these Terms and Conditions except as strictly necessary to perform its obligations or exercise its rights under these Terms and Conditions or with the written consent of the Client. Palette shall comply at all times with the Data Protection Act 1998 and from 25 May 2018, the General Data Protection Regulation and any supplementing national laws.
Insurance. Palette shall maintain with a reputable insurance company appropriate insurance policies in relation to the risks involved under these Terms and Conditions, including Employer's Liability Insurance and Public Liability Insurance. Upon the Clients request Palette shall provide the Client with copies of such policies.
Entire Agreement. These Terms and Conditions and any documents referred to herein, set out the entire agreement and understanding between the parties and supersede all previous agreements between the parties relating to the subject matter hereof.
Severance. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
Assignment. These Terms and Conditions shall not be assigned by either party without prior written consent of the other.
Law of the Contract. The contract which incorporates these Terms and Conditions shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.