Terms and Conditions Definitions - FieldFireFork

In these terms and conditions, the following definitions apply: -

“Client” means the person, firm or company to whom FieldFireFork sends the Quotation, regardless of whether that person, firm or company is acting on their own account, with others, or is organising the Event on behalf of someone else.

 “Contract” means the contract formed between FieldFireFork and the Client, comprising the Quotation and the Client’s acceptance thereof together with payment of the initial deposit.

“Event” means the function to be catered for by FieldFireFork.

“Price” means the total price shown in the Quotation.

“Supplementary Invoice” means any invoice raised after the Event in respect of an increase in guest numbers, drinks charged on consumption, or any additional items requested by the Client.

“Quotation” means FieldFireFork quotation of Price based both on the estimated number of persons who will be attending the Event and the food, drink and services to be provided at the Event, which quotation will include all Sub-contractors’ costs.

“Sub-contractor” means any person, firm or company with whom FieldFireFork contracts to supply goods or services necessary for delivery of the Event.

“FieldFireFork” means Peter Gayford trading as FieldFireFork, Sole Trader, of 54 Orchard Drive, Edinburgh, EH4 2DZ.

1. Quotations. Quotations are valid for three months from the date of quotation.

2. The Contract. The Contract is final and binding on the parties. The Contract may be varied by mutual agreement in writing.

3. Numbers. All prices are quoted on a per head basis based on a minimum number of guests or for a specific number of guests and any change in numbers will affect the overall Price. Confirmation of final numbers is to be given 3 weeks prior to the date of the Event, after which time any decrease in numbers cannot be accepted and the full charge will be made. If an increased number of guests are subsequently confirmed, the Client must notify FieldFireFork no less than five working days prior to the date of the Event. If the Client increases the numbers less than five working days prior to the Event, FieldFireFork will use reasonable endeavours to accommodate this increase but cannot guarantee performance of the increase.

4. Deposit. On acceptance of the Quotation, the Client will pay to FieldFireFork an initial deposit as follows:

• Net Event value £5,000 or less – £1,000 deposit

• Net Event value exceeds £5,000 - £2,000 deposit

• Net Event value exceeds £25,000 - £5,000 deposit

5. Payment. Final settlement, with all deposits deducted, is due no later than eighteen days prior to the Event. If any Event details are still to be confirmed, an approximate and appropriate amount must be paid on account, eighteen days prior to the Event. All invoices unpaid after their respective final date shall carry interest on the outstanding amount at the rate of eight per centum above the Base Rate of the Royal Bank of Scotland Plc. In addition to cheque and BACS payments, the company accepts payment by debit and credit card.

6. Change of date due to Covid 19 restrictions - Where a deposit has paid FieldFireFork would transfer this deposit to the new date suitable to both party’s if no suitable alternative date is available we would repay deposit minus any costs incurred by FieldFireFork.

7. Supplementary invoice. If appropriate, a Supplementary Invoice will be issued after the Event. Payment must be made within 14 days of issue.

8. Pro-forma payment. The company reserves the right, in certain circumstances and entirely at its own discretion, to request payment in full of the whole Price at least one month prior to the Event. Also, any Events that are booked with less than one month’s notice will be payable in full prior to the Event.

9. VAT. FieldFireFork is not currently registered for VAT however if this position changes, the Client will be informed and VAT will be applied to all Prices at the appropriate rate.

10. Cancellation. If the Client cancels the Contract prior to the Event, the Client will compensate FieldFireFork for its Costs and loss of profit. The Client accepts that the compensation reasonably will be as follows for the period twenty-one days before the Event, the amount of the deposit already paid or due to be paid; for the period within twenty one days before the Event, the whole Price.  

11. Event Location. FieldFireFork is entitled to cancel the Contract in the event that (acting responsibility) they deem the location of the Event to be unsafe or dangerous.

12. Overseas Clients. All client’s resident or based overseas must pay the Price no less than two calendar months before the Event.

13. Variations. The contents of menus, decorations or any other items FieldFireFork shall supply are subject to market availability. Any alteration will be notified to the client.

14. Food. FieldFireFork cannot be held responsible for the safety of any food supplied directly by the Client.

15. Staff. Hours worked beyond those quoted for in writing will be charged for at the quoted rate.

16. Food delivery only and collection. FieldFireFork will arrange and charge the client for the delivery of food. The Client is solely responsible for the proper storage of the food. The Client is responsible for arranging and paying for the return of any equipment. FieldFireFork is very happy to arrange any collection and this charge will be made to the Client.

17. Damage/breakages to hire goods or equipment. The client will be responsible for and will indemnify FieldFireFork fully against all claims, costs, loss, damage or liability arising due to any negligent act or default of the Client or of any person for whom the Client is responsible.

18. Force Majeure. No liability is accepted for failure of performance due to strike, lockout, accidents, fire, floods, ice, obstruction or other such events beyond the control of FieldFireFork.

19. Limitation of liability. FieldFireFork’s liability for direct losses or damages caused by its negligence or failure to perform its obligations shall be limited to the amount paid to FieldFireFork by the Client. No liability is accepted for consequential losses or damages caused by FieldFireFork’s failure to perform its obligations (whether that failure is due to negligence on the part of FieldFireFork, its officers, employees or sub-contractors or due to any other causes).

 20. Drinks. FieldFireFork is not licensed to sell alcoholic beverages. If so required, a suitable sub-contractor can be proposed for the sale of alcohol. The Client will be separately bound by the sub-contractors terms in this regard. Soft drinks are sold by the case. FieldFireFork  will not be responsible for the removal of empty bottles of wines/beers supplied by the client unless agreed.

21. Cloak room facilities. FieldFireFork undertake to provide staff to run cloakroom facilities at the client’s request, but we do not, by doing so, accept responsibility for guests’ possessions. These are left at the owner’s own risk.

22. Tastings. Tastings are only complementary on events over 50 Guests. Unless the event is confirmed, tastings will be charged at £450.00 for up to 4 people.

23. Complaints. Any complaint must be made verbally within 24 hours of the Event and followed in writing not more than 48 hours after the Event.

24. Time of the Essence. All time limited contained herein for payment by the Client are of the essence.

25. Jurisdiction. These terms and condition will be governed and construed in accordance with Scottish law and will be subject exclusively to the jurisdiction of the Scottish of the Scottish Courts