General terms and conditions Hugh's Kitchen
Article 1. General
- These conditions are applicable to every offer, quotation and agreement between Hugh's Kitchen and a client on which Hugh's Kitchen has declared these conditions applicable, insofar as parties have not deviated from these conditions expressly and in writing.
- In these terms and conditions, the client is understood to be any natural person or legal entity who orders Hugh's Kitchen to provide services and/or deliver goods.
- Deviation from the provisions of these general terms and conditions is only possible in writing, in which case the other provisions of these general terms and conditions remain in full force. The agreed deviations apply exclusively to the agreement in which the deviations were agreed.
- If any provision of these general terms and conditions is null and void or is annulled, the other provisions of these general terms and conditions shall remain in full force. The parties shall then consult together in order to agree on new provisions to replace the null and void or annulled provisions, taking into account, as far as possible, the purpose and purport of the original provisions.
- General conditions used and/or declared applicable by the client of Hugh's Kitchen are never applicable to contracts concluded with Hugh's Kitchen, unless Hugh's Kitchen has expressly agreed to this in writing.
Hugh's Kitchen is authorised to make use of third parties in the execution of a contract with the client. These general conditions will also apply in that situation.
Article 2. Offers and Agreements
- All offers and quotations of Hugh's Kitchen are without engagement, unless otherwise indicated in writing.
- A tender or offer made in the name of the customer has a validity of 30 days, unless a different period is stated. After this period, the offer or quote shall lapse.
- A contract with Hugh's Kitchen comes into force when Hugh's Kitchen receives an order from the client or when Hugh's Kitchen has started with the execution of the order. Hugh's Kitchen can send the client a confirmation of the order in which the agreed upon conditions are stated.
- Amendments and/or supplements to a contract are binding if they have been confirmed in writing by Hugh's Kitchen to the client.
- Illustrations, information, drawings, indications of dimensions and the like given by Hugh's Kitchen in its price lists, letters, advertisements and other communications are reproduced as accurately as possible and are only intended to give a general idea of the offer of Hugh's Kitchen. Deviations do not entitle the client to compensation and/or dissolution.
Article 3. Prices
- All prices are exclusive of sales tax (VAT) imposed by the government, unless explicitly stated otherwise in writing.
- Price increases shall be implemented annually in January. If the agreement is concluded before 1 January of any year and the agreed time of supply or delivery is after 1 January of the following year, the prices of auxiliary materials, raw materials or parts, wages or any other price-determining factors may have changed.
- If Hugh's Kitchen and the client have agreed that Hugh's Kitchen will enter into a contract with a third party on behalf of the client and this third party increases its prices, Hugh's Kitchen is entitled to pass on the new applicable prices to the client.
- Price increases resulting from changes and/or additions to the order by the client shall be for the client's account.
- A price increase as referred to in paragraph 3 does not give the client the right to dissolve the agreement.
- Payment of any surcharge pursuant to the provisions of paragraph 3 must take place at the same time as (the last instalment of) the principal sum.
- The client is entitled to make changes in the agreed numbers of persons and/or goods to be delivered or services to be performed not later than 7 days before the execution of the contract by Hugh's Kitchen, on the understanding that the changes to be made may be no more than 10% (more or less) of the already agreed numbers of persons and/or goods to be delivered or services to be performed.
Article 4. Payment
- Payment must take place within 14 days after the invoice date in a way indicated by Hugh's Kitchen in the currency of the invoice, unless otherwise indicated in writing by Hugh's Kitchen.
- Hugh's Kitchen explicitly reserves the right to require an advance payment for agreements from an amount of € 250.00 of 50% of the agreed price. For this amount an invoice will be sent after approval of the order confirmation and has to be paid by the client within 14 days after invoice date, unless otherwise agreed.
- In the event of non-payment or late payment, the client will owe an interest of 1.5% per month on the outstanding invoice amount, without any prior notice of default by Hugh's Kitchen, unless the legal interest rate is higher, in which case the legal interest rate will be due. The interest on the amount due and payable will be calculated from the moment the client is in default until the moment of payment of the full amount due.
- If the client is in default or omission in the (timely) fulfilment of his obligations, all judicial and extrajudicial costs incurred by Hugh's Kitchen as a result will be charged to the client. The extrajudicial costs amount to 15% of the principal sum with a minimum of € 150,00 excluding VAT.
- Hugh's Kitchen is entitled to have the payments made by the client go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest.
- Customers should pay in advance by PIN or otherwise in cash.
Article 5. Cancellation
- Customer is not authorised to cancel an agreement unless it simultaneously and irrevocably offers to pay the amounts specified below. Every cancellation shall be deemed to include such an offer. Such an offer is deemed to be accepted if Hugh's Kitchen does not reject the offer immediately.
- In case of cancellation more than 2 months before the time of execution of the contract, the client is not obliged to pay any compensation to Hugh's Kitchen.
- In case of cancellation more than 30 days before the said time, the client is obliged to pay 50% of the total sum to Hugh's Kitchen.
- In case of cancellation more than 7 days before the said time, the client is obliged to pay 75% of the total sum to Hugh's Kitchen.
- In case of cancellation 7 days or less before the intended time, the client is obliged to pay 100% of the total amount to Hugh's Kitchen.
- Cancellation must be made in writing. The day on which the written cancellation reached Hugh's Kitchen will be used to calculate the amount to be paid. The client cannot derive any rights from a verbal cancellation.
Article 6. Execution of the Agreement
- The execution of the contract by Hugh's Kitchen is based on the nature of the event indicated by the client, the circumstances and numbers specified. The client is obliged to supply all data and information requested by Hugh's Kitchen and all other data and information that could be important for the correct execution of the contract by Hugh's Kitchen. The client guarantees the correctness and completeness of all data and information supplied to Hugh's Kitchen.
- If Hugh's Kitchen in the execution of a contract depends on information to be provided by the client, the client cannot hold Hugh's Kitchen liable for failing to fulfil the obligations as long as the client has not provided all the correct information.
- Hugh's Kitchen reserves the right to determine the manner of execution of all contracts concluded by Hugh's Kitchen at its own discretion.
- Client is obliged to check whether the execution of the agreement corresponds to what was agreed upon.
- Hugh's Kitchen is entitled, unless otherwise stated in the contract, to have the assignment or parts thereof performed by third parties not employed by Hugh's Kitchen, if Hugh's Kitchen believes that this will promote a good and efficient execution of the contract.
- If the execution of the contract requires permission from a third party, for example a licence, the client shall ensure that the permission is obtained in good time, at the client's expense. The client shall provide Hugh's Kitchen with written proof that the permission has been obtained, not later than one week before the execution of the contract. Failure to obtain the required permission is entirely at the client's risk.
- If Hugh's Kitchen delivers goods to the client without personnel, these goods are at the client's risk from the moment of delivery.
- If Hugh's Kitchen delivers goods to the client without staff, the client has a 2-hour guarantee on the quality of the goods (food and/or drink) from the moment of delivery, on the condition that the goods are stored and handled according to the instructions of Hugh's Kitchen.
- If the client and/or guests of the client take goods (food and/or drink) from Hugh's Kitchen to the location, this is at the expense and risk of the client and/or his guests.
Article 7. Transport and working conditions
- If the execution of the contract requires permission or a permit from a third party, the Customer will take care of obtaining the permission in time, at his own expense, and will inform Hugh's Kitchen in time (in writing). Failure to obtain the required permissions is no reason for cancellation.
- The Client shall provide the necessary facilities, such as water and electricity, free of charge, unless otherwise stated in the agreement.
- The client guarantees that Hugh's Kitchen will be able to carry out all necessary preparations at the location in good time and that all rooms that Hugh's Kitchen will need for the performance of the contract will be ready in good time and that access to these rooms will be unobstructed and that, in general, the work on site will be able to proceed smoothly and without interruptions.
- The choice of transport is up to Hugh's Kitchen, unless otherwise agreed. The client is obliged to take all measures for a fast unloading of the goods. Hugh's Kitchen is not responsible for the way the client stores the goods. If the client has failed to take timely measures to unload the goods, Hugh's Kitchen is entitled to unload and store the goods at the expense and risk of the client with which Hugh's Kitchen has fulfilled its obligation to deliver. Hugh's Kitchen reserves the right to deliver the goods in parts.
- If the delivery of goods and/or performance of services by Hugh's Kitchen is delayed due to the client's fault, Hugh's Kitchen is entitled to pass on the resulting additional costs to the client.
- The client gives Hugh's Kitchen the space to work according to the legal regulations in the field of hygiene, health and environment.
- If, at the agreed time after the event, the goods, auxiliary materials, etc. to be collected are not ready for transport, Hugh's Kitchen is entitled to charge the client for the resulting additional costs.
Article 8. Advertising
- The client shall be obliged to examine the goods delivered, or have them examined, immediately at the time that the goods are made available to the client or the services concerned have been performed. In doing so, client shall examine whether the quality and/or quantity of what is delivered corresponds to what was agreed upon and meets the requirements that parties agreed upon in this regard. If there are complaints about the quality of food and/or beverages, the client must report them to Hugh's Kitchen within 2 hours after delivery, so that Hugh's Kitchen has the opportunity to check the justification of the complaint and if possible to correct it. If the client has not treated the delivered goods according to the instructions of Hugh's Kitchen concerning storage and handling, the possibility for complaint lapses.
- The client must inform Hugh's Kitchen in writing of any other defects without delay, but within 3 working days. The defect has to be described in as much detail as possible, so that Hugh's Kitchen can react adequately. The client must give Hugh's Kitchen the opportunity to investigate the complaint.
- If client files a complaint in time, this will not suspend his payment obligation. In that case, Client shall also remain obliged to take delivery of and pay for the other goods delivered and/or services to be performed.
Article 9. Liability
- Hugh's Kitchen is not liable for any damage, of whatever nature, that has arisen because Hugh's Kitchen has relied on incorrect and/or incomplete information provided by or on behalf of the client.
- If Hugh's Kitchen should be liable for any damage, the liability is always limited to a maximum of twice the invoice value of the agreement, or at least to that part of the agreement to which the liability relates.
- The liability of Hugh's Kitchen is in any case always limited to the amount paid out by its insurer in the case in question.
- Hugh's Kitchen shall never be liable for consequential loss and other indirect damage, including consequential loss, loss of profit, missed savings and damage due to business interruption.
- The client is always considered to be the owner, tenant or user of the space/stand. Hugh's Kitchen is not liable for any damage caused by the client, third parties or Hugh's Kitchen to the room/premises and the client will not hold Hugh's Kitchen liable for any claims by third parties.
- The client is liable for all damage that has occurred and/or will occur to Hugh's Kitchen and/or any third party as a direct and/or indirect result of non-performance and/or unlawful action by the client and/or his guests, as well as for the damage caused by any animal and/or any substance and/or any item of which the client and/or his guests are the holder and/or that are under their supervision.
- Hugh's Kitchen is not liable for loss or service of property of the client and/or his guests at the place where the agreement is performed.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of Hugh's Kitchen.
Article 10. Dissolution
- Hugh's Kitchen is authorised to suspend fulfilment of the obligations or to dissolve the contract, if
- Client does not, not completely or not timely meet the obligations from the agreement;
- After concluding the agreement, Hugh's Kitchen learns of circumstances that give good reason to fear that the client will not fulfil his obligations;
- Client was requested to provide security for the fulfilment of his obligations under the agreement when it was concluded and that this security is not provided or insufficient;
- As a result of the delay on the part of the client, Hugh's Kitchen can no longer be required to fulfil the agreement under the originally agreed conditions.
- If the agreement is dissolved, the claims of Hugh's Kitchen on the client are immediately payable. If Hugh's Kitchen suspends fulfilment of the obligations, it will retain its claims under the law and the agreement.
- If Hugh's Kitchen proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs caused in any way.
- If the client does not fulfil his obligations arising from the agreement, and this non-fulfilment justifies dissolution, Hugh's Kitchen is entitled to dissolve the agreement at once and with immediate effect without any obligation on his part to pay any compensation or indemnification, while the client is obliged to pay compensation or indemnification on account of breach of contract.
- In the event of liquidation, suspension of payments or bankruptcy, attachment - if and to the extent that the attachment has not been lifted within three months - of the client, debt rescheduling or any other circumstance as a result of which the client can no longer freely dispose of his assets, Hugh's Kitchen is free to dissolve the agreement at once and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or indemnification. In that case the claims of Hugh's Kitchen on the client are immediately due and payable.
Article 11 Force majeure
- In these general conditions, force majeure means every unforeseen circumstance that hampers the execution of the contract by Hugh's Kitchen to such an extent that the execution of the contract becomes impossible or difficult and that a possible shortcoming caused by this cannot be attributed to Hugh's Kitchen.
- Such circumstances are also understood to mean such circumstances with persons and/or services and/or third parties that Hugh's Kitchen wishes to use for the execution of the contract, as well as everything that applies to the aforementioned as force majeure or suspensive or resolutive condition, as well as non-performance of the aforementioned. These circumstances include weather conditions, traffic congestion, strikes, fire, operational failures, energy failures, defects or failures in the facilities used in the execution of the activities, non-delivery or late delivery by suppliers or other third parties, non-delivery or late delivery and/or non-full availability of facilities and/or circumstances to be provided by the client.
- If the client or Hugh's Kitchen is unable to fulfil any obligation under an agreement, he is obliged to inform the other party of this as soon as possible.
Article 12. Obligations of the client
- All glassware, crockery, linen, warming boxes and other non-consumable goods provided by Hugh's Kitchen remain the property of Hugh's Kitchen. If goods of Hugh's Kitchen are left behind on the location, the client is obliged to leave these goods behind.
to Hugh's Kitchen. Damage to or loss of these non-consumable goods caused by the client and/or his guests will be charged to the client by Hugh's Kitchen at cost price.
- The client is obliged to use the non-consumable goods as referred to in section 1 in accordance with possible instructions of Hugh's Kitchen. Furthermore the client is obliged to return the non-consumable goods as mentioned in article 1 to Hugh's Kitchen in the same condition and in the same way as they were delivered by Hugh's Kitchen to the client, or at least in accordance with the agreements made between the parties. If this is not the case, Hugh's Kitchen is entitled to charge the client for all ensuing costs (including working hours of its employees).
- The client is not allowed to rent out or otherwise make available to third parties the non-consumable goods as referred to in paragraph 1, made available by Hugh's Kitchen. The client is liable for any damage to Hugh's Kitchen resulting from this.
Article 13. Applicable law
- All agreements between Hugh's Kitchen and the client are exclusively governed by Dutch law.
- All disputes arising from or related to a contract concluded between Hugh's Kitchen and the client, however named, will be settled by the competent civil court.