TERMS & CONDITIONS

Facilities Management Catering Ltd

Terms and Conditions of Trading

1. Definitions

In these terms and conditions the following words and phrases shall have the following meaning:

'Client' means the person(s), firm or company to whom the Company's hospitality and/or conference facilities are being hired out and provided:

'Company' means Facilities Management Catering Ltd

'Confirmation of Booking' means confirmation of a Provisional Booking in writing from the client or third party, in the circumstances set out in Clause 3.5, to the Company to be received not later than 14 days after the Provisional Booking.

'Force Majure Event' means any event beyond the control of the company including (but not limited to) war (whether declared or not), civil war, riots, terrorism, natural disasters such as violent storms, floods and/or lightening, explosions, fires and / or destruction of plant, machinery and / or factories, strikes and labour disputes of all kinds, acts of authority, whether lawful or unlawful, except for an act for which the Company has assumed the risk by virtue of any other provisions of this Agreement, and any lack of authorisation, licence or approval necessary for the performance of the contract which is to be issued by any public authority and / or other cause whatsoever beyond the Company's control.

'Function' means an Event to be held within a hospitality box, room or facility booked on a specific date or dates.

'Guests' mean the people who the client invites to attend the Function.

'Guaranteed Minimum' means the minimum number of Guests attending a function as agreed between the Client and the Company at the time of Confirmation of Booking.

'Order Form' means the form which sets out the choice of various consumables that the company offers to provide the client during and in relation to the Function.

'Payment Request' means the request issued by the Company to the client for payment in advance of a function or event.

'Provisional Booking' means a telephone reservation with the Company for a Function.

'Total Charge' means the estimated total value of all services to be supplied calculated with reference to the guaranteed minimum number of Guests as set out in clause 2.2.

2. Provisional Booking

2.1 The Company shall hold a Provisional Booking for a maximum of 21 days until the company receives written Confirmation of Booking, which must be within 21 days of making a Provisional booking unless otherwise agreed in writing. The Company reserves the right to cancel any Booking, due to Football Match Scheduling or any other unforeseen circumstances. In the case of a cancellation due to a Football Fixture the Company will use its best endeavours to offer the Client another suitable date.

2.2 Upon Confirmation of a Booking the Client must agree with the Company a guaranteed minimum number of Guests

3. Price / Payment

3.1 The Company will require the Client to pay a deposit on Confirmation of Booking.

3.2 The Company shall provide to the Client an estimate of the Total Charge on or as soon as reasonable practicable after Confirmation of Booking

3.3 The Company reserves the right to change any of its prices on reasonable notice to the Client

3.4 Unless otherwise stated all prices quoted are exclusive of value added tax, which will be charged at the rate in force at the time of the issue of any invoice or Payment Request.

3.5 The Company will require full payment prior to any event unless prior arrangements for credit facilities have been made.

3.6 A Payment Request will be issued by the Company for the full balance payable, which must be settled by the Client within 14 days of the date of the request or prior to the event taking place, whichever is the earlier. Should the Payment Request be outstanding more than 14 days from the date of the request, the Company may treat the Confirmed Booking as being cancelled by the Client. The Company reserves the right to retain any payments previously made by the Client in relation to the specific Function.

3.7 Any Payment Request or Invoices issued by the Company will be payable within 14 days of receipt. All Payment Requests and Invoices must be paid in full without any set off whatsoever.

3.8 The Company reserves the right to charge interest at the rate of 2.5% over the National Westminster Bank Base Rate per month, compounded monthly on all overdue accounts.

4. Use of Contractors

4.1 The Company does not permit the use of any outside caterers by the Client or its Guests for any Function

4.2 Should the Client wish to hire a performing band or live act for the Function it shall:

4.2.1 Obtain the Company's written permission

4.2.2 Only hire a performing band or live act that has public liability insurance to the value of £1 million to cover any death of, injury to any of the company's employees or any third party, or the loss of, or damage to the Company's or any third party's property resulting from the malfunction of their equipment and from their actions generally, and

4.2.3 Indemnify the Company for any claims brought against the Company by its staff and / or a third party for breach of contract or negligence as a result of performing band or live act's actions and performances including without limitation claims in the Industrial Tribunal.

5. Cancellation

5.1 In the event that the Company receives written notice cancelling the Confirmed Booking from the Client, the Client shall pay to the Company a cancellation fee calculated as follows:

5.1.1 The Total Charge if notice of cancellation is received by the Company less than 14 days prior to the commencement of the Function

5.1.2 50% of the Total Charge if notice of cancellation is received by the Company between 28 days and 14 days prior to commencement of the Function

5.1.3 30% of the Total Charge if notice of cancellation is received by the Company between 56 and 28 days prior to the commencement of the Function

5.1.4 10% of the Total Charge if the notice of cancellation is received after signed confirmation has been received by the venue.

5.2 In the event that a Client reduces the number of Guests to below the agreed Guaranteed Minimum, then cancellation charges to the value of the reduction shall apply as detailed in clause 5.1.

5.3 In the event that the Client cancels a booking that the Company has made on its behalf, for entertainment, car hire, equipment or otherwise, all cancellation charges shall be met by the Client.

6. Final Numbers

6.1 The Client must notify the Company in writing of its estimate of final numbers to the nearest 10 guest's 14 days before the commencement of the Function

6.2 Final numbers of Guests must be given 7 days before the commencement of the Function. If no final numbers are received by 7 days before the Function the Client will be charged for the last number the Company received, the guaranteed minimum or the actual number of Guests whichever is the greater.

6.3 The Company cannot guarantee to supply service to numbers of Guests arriving at a Function in excess of those agreed as Guaranteed Minimum numbers

7. Dress Code / Conduct

7.1 The Client shall be held responsible for ensuring its Guests observe the relevant dress code for any Function. The Company reserves the right to refuse entry to any Function by Guests whose attire contravenes the relevant dress code.

7.2 The Client shall be responsible for the orderly conduct of the Function and shall ensure that nothing shall be done which may constitute a breach of the law or in any way cause a nuisance or be an infringement of or occasion or render possible forfeiture or endorsement of any license for the sale of alcohol or for music and dancing. Failure to do so shall entitle the Company to require the offending individual(s) to leave the Function and shall constitute a breach of these Terms and Conditions of Trading.

8. Damage

8.1 The Client will be responsible for any damage to the property of the Company caused by its Guests during the Function

8.2 Unreasonable amounts of clearing up after a Function shall incur a charge based upon equipment and labour costs. The minimum for such cleaning up will be £250.00. Vomiting, Confetti and 'Party String' clearance will always incur such a charge.

9. Indemnity

9.1 The Client shall indemnify the Company and its Directors, Officers and Employees against all charges, claims, damage, liabilities, proceedings, demands, fines, fees, costs or expenses (to include legal expenses on a solicitor and own client basis) including but not limited to, loss or goodwill, loss of profit and loss of opportunity suffered by the Company directly and indirectly as a result of any breach of these Terms and Conditions of Trading and / or the negligence or willful default of the Client or any of its Guests.

10. Personal Property

10.1 The Company does not accept responsibility for any loss of, or damage to, or destruction of vehicles, or other property however caused.

11. General

11.1 The Company may rescind its contract with the Client if it is prevented, hindered or delayed from performing any of its obligations under the Contract by a Force Majure Event.

11.2 These Terms and Conditions of Trading shall apply at all times and may only be revised or amended in writing providing written consent is given by an authorised representative of each party

11.3 Except as expressly provided under these Terms and Conditions of Trading, the rights and remedies contained in these Terms and Conditions of Trading are cumulative and are not exclusive of any other rights or remedies provided by law or otherwise.

11.4 The failure to exercise or delay in exercising a right or remedy under these Terms and Conditions of Trading shall not constitute a waiver of the right to remedy or a waiver of any other rights or remedies. No single or partial exercise of any right or remedy under these Terms and Conditions of Trading shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

11.5 Each of the provisions contained in these Terms and Conditions of Trading shall be construed as independent of every other provision, so that if any provision in these Terms and Conditions of Trading shall be determined by any Court or competent authority to be illegal, invalid and / or unenforceable, then such determination shall not affect any other provision of these Terms and Conditions of Trading, all of which other provisions shall remain in full force and effect.

11.6 These Terms and Conditions of Trading shall be governed by all construed in accordance with English law and the English courts shall have exclusive jurisdiction to determine any dispute that may arise out of, under, or in connection with these Terms and Conditions of Trading.

Facilities Management Catering Ltd
Southampton Football Club, Aug 2001

Saints Event Management
St Mary's Stadium, Britannia Road, Southampton, SO14 5FPs

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