The total cost for all Services is due in full three (3) days prior to event. Client shall pay the Total Cost to Quality Catering by August ("Quality Catering") as follows:
The First payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Quality Catering for committing to provide the Services and turn down other potential projects/clients.
Checks returned for non-sufficient funds will incur at $35 charge and must be replaced with a Cashier's Check or Money Order for the amount of the original check + $35.
6% Michigan State Sales tax and a 20% Service fee will be applied to all invoies. Additional delivery and service fess may apply for events located outside our normal delivery area. If you have tax exempt status, a Tax Exempt Certificate with your tax ID number must be provided to Quality Catering prior to receiving a catering quote.
Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Quality Catering.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Quality Catering shall refund Client a pro-rated portion of the Total Cost based on the amout of services that were completed/provided against the amount of services that were agreed to be completed/provided.
Indemnification. Client agress to indemnify, defend and hold harmless Quality Catering and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Quality Catering provides to Client.
If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Quality Catering to render Services due to the fault of the Client or parties related to Client, such as failure of the scheduled event to occur or failure of one or more essential parties to the event to show up in a timely manner, Client shall provide notice to Quality Catering as soon as possible via the Notice provisions detailed in the Terms and Conditions.
Quality Catering has no obligation to attempt to re-book further Services to fill the void created by Client's cancellation, rescheduling, no-show or if it becomes impossible for Quality Catering to provide the Services due to the fault of Client (or parties related to Client), and Quality Catering will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled services, rescheduled services, failing to show up for the scheduled event, or should it become impossible for Quality Catering to provide the services due to the fault of Client (or parties related to Client) unless the parties otherwise agree in writing. For instance, if Quality Catering is able to secure another, unrelated client for event date, then Quality Catering may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obilgations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's control, including but not limited to, the following Force Majeure events: (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or act, riot or other civil unrest; (d) government order of law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages, or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The impacted party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 180 days following notice given by it, the other party may thereafter terminate this Agreement upon Notice.
In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
The Client(s) expressly agree(s) to take best efforts to provide Quality Catering and Quality Catering's staff with safe and appropriate working conditions. In the event of circumstances deemed by either Quality Catering or a bystander to present a threat or implied threat of injury or harm to Quality Catering's staff or equipment, Quality Catering reserves the right to cancel all services remaining under this Agreement and leave the event.
At Quality Catering's discretion, Quality Catering may enact a three-strike policy. After the first offense, Quality Catering will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), Quality Catering shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, Quality Catering will immediately leave the event.
If Quality Catering leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold Quality Catering harmless as a result of incomplete event coverage, or for a lapse in the quality of Quality Catering's work and the Client(s) shall be responsible for payment in full.
Client(s) understand that Quality Catering by August complies with all health and safety laws, directives, and rules and regulations. Further, Quality Catering will not provide services in any location or area deemed to be unsafe in its sole discreation, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of the circumstances, Quality Catering reserves the right to end service coverage immediately and/or leave the event. Quality Catering shall be entitled to retain all monies paid and Client(s) agree(s) to relieve and hold Quality Catering harmless as a result of incomplete event coverage, or for a lapse in the quality of Quality Catering's work.
The laws of the State of Michigan shall govern all matters arising out of or relating to this Agreement, including torts.
If any portion of this agreement is deemed to be illegal or unenforceable, the remaining provisions of this agreement remain in full force.
Parties shall provide effective notice to each other via either of the following methods of delivery: email or US Postal mail
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