Terms and Conditions of Engagement for So Yum Catering (PTY) LTD T/A The Kitchen Mafia
a) This document provides the terms and conditions (“Terms”) that govern the commercial relationship between So Yum Catering (PTY) LTD (registration number [2022/533502/07])(Trading as The kitchen Mafia) and you (“the client”).
b) Acceptance of these Terms and/or any quote / estimate / proposal/ draft invoice (“quote”) and/or invoice and the payment of a deposit (where applicable) will result in a binding agreement coming into existence between the client and The Kitchen Mafia.
c) The words “function” and “event” shall have the same meaning and shall be used interchangeably depending on the context.
d) The word Catering shall mean the provision of food and/or drink at an event or function by The Kitchen Mafia.
e) The word hiring shall mean the renting or temporary use of any equipment or services from The Kitchen Mafia..
f) In this agreement, unless otherwise indicated by the context, words importing the masculine gender shall include the feminine and neuter genders and vice versa and words importing the singular shall include the plural and vice versa.
g) TKM shall mean The Kitchen Mafia.
1.1. The client hereby agrees to the terms and conditions herein contained as read together with any other terms embodied in an invoice(s) and/or quote. All documents emanating from The Kitchen Mafia shall be read together, and all further terms and conditions shall be deemed to be incorporated herein.
Bookings must be confirmed within 7 (SEVEN) working days of the commencement of a function. Final numbers must be confirmed with The Kitchen Mafia within 7 (SEVEN) working days of the function.
3.1. The client is required to affect full pre-payment for any function booked with The Kitchen Mafia. Failure to do so shall result in the client’s function being automatically cancelled by The Kitchen Mafia subject to clause 5.3 below.
3.2. Once an invoice and/or quote has been accepted by the client, subject to clause 10 below, the client accepts that they remain liable to The Kitchen Mafia for the full payment of the amount specified in the invoice and/or quote following such acceptance.
3.3. The payment of a pre-payment or deposit is purely at the discretion of The Kitchen Mafia and may, in appropriate circumstances, be waived.
4.1. The client acknowledges that they are liable to The Kitchen Mafia for the payment of a breakage deposit, where applicable, as stipulated in any quotation for any equipment belonging to The Kitchen Mafia, which is either rented from or loaned by The Kitchen Mafia to the client for an event.
4.2. The breakage deposit or any balance thereof shall be refunded to the client once an assessment of all the equipment has been undertaken by The Kitchen Mafia but no later than 10 (TEN) working days after the event has taken place. 4.3. The client remains responsible for the value of all missing and/or broken cutlery, crockery, equipment, linen, or any item belonging to The Kitchen Mafia which is used by the client at a function regardless of whether any form of breakage deposit was paid by the client in advance.
5.1. In accordance with clause 3 above, the client is required to affect full pre- payment upon receipt of a quote and/or invoice, regardless of whether the client has cancelled an event subsequent to such acceptance. Failure to affect such pre-payment before an event shall result in the function being automatically cancelled by The Kitchen Mafia
5.2. Within 3 working days prior to the event, the client must affect payment of the outstanding amount as specified in the quotation or invoice.
5.3. The Kitchen Mafia reserves the right, in its sole discretion, to allow for a relaxation or amendment in the payment terms in this clause 5. Any relaxation or amendment to the payment terms set out in this clause 5, will be agreed upon in writing by the parties.
5.4. Any additional amounts relating to any breakages and/or any extra amounts which shall include hire, rent, and/or purchase of additional food and/or drinks on behalf of the client, additional staff required, the hiring of any additional equipment, the inclusion of additional guests or any additional requests made to The Kitchen Mafia and any other amounts owed to The Kitchen Mafia by the client, are due and payable immediately upon the client’s receipt of an invoice to that affect.
5.5. In the event of the client failing to pay any amount when such amount becomes due and payable, such amount shall bear interest at the maximum rate permissible by law and in accordance with the provisions of the Prescribed Rate of Interest Act, 55 of 1975 (as amended) and National Credit Act 34 of 2005 (as amended) to the extent that it is applicable or any other applicable legislation which may apply from time to time.
5.6. All payments shall be made into The Kitchen Mafia’s nominated bank account at the following details:
Bank: First National Bank
Company Name: SO YUM CATERING (PTY) LTD
Branch Number: 210835
Account Number: 63007054230
Swift Key: FIRNZAJJ
6.1. The full amount of any invoice and/or quote is strictly net and is not subject to any discount, unless otherwise agreed upon in writing between the parties. 6.2. In the event of any discount being agreed upon in writing between the parties, it shall only be applicable where full payment is received by TKM within 24 (TWENTY FOUR) hours prior to a function or event.
7.1. The client shall be responsible for any and all equipment which it hires from TKM.
7.2. The client indemnifies and holds TKM and all its employees, suppliers, and affiliates harmless against any claim for damage or liability in respect of any breakages caused to any rental property during the course of a function.
7.3. The client shall be liable to TKM and/or its suppliers for the replacement value of any equipment hired by the client in the event of any theft and/or breakage of such equipment during an event.
8.1. The client shall be quoted in advance for the estimated amount of time necessary for the purposes of hiring staff required for an event. If any members of TKM staff are required to work beyond the time allocated for an event, the client shall be liable for the payment of the hourly rate of those staff on a pro rata basis in accordance with the hourly rate provided in the catering proposal and/or quotation /and or invoice
8.2. It is specifically recorded that the client shall not canvas, solicit, entice, interfere with, employ, appoint, or procure the employment or appointment of any person who is an employee and/or independent contractor of TKM
8.3. Where a client has solicited any employee or independent contractor of TKM into the client’s employee, the client shall be liable to TKM for the payment of the employee or independent contractor’s full salary or remuneration package which they would have earned from The Kitchen Mafia (“Solicitation Fee”). The Solicitation Fee shall be paid by the client within 30 (THIRTY) days from the date on which the employee and/or independent contractor begins their employment with the client. The Solicitation Fee shall be paid by the client into TKM’s nominated bank account using the details listed in clause 5 above.
The Kitchen Mafia reserves the right to charge the client a handling fee in the event of TKM being required to hire, rent, and/or purchase food and/or drinks on behalf of the client. TKM furthermore reserves the right to charge an additional delivery fee to the client for the delivery of such food and/or drinks.
10.1. It is specifically provided that the client shall not be entitled to enter into any correspondence, negotiations, or contractual relationships with any of TKM’s suppliers or affiliates in any manner whatsoever for the duration of the client’s engagement with TKM without the prior written consent of TKM. 10.2. Where the client circumvents TKM in any way without the prior written consent of TKM then the client shall be liable to TKM for a handling fee of 20% (twenty percent) of the total contractual value of any contract or agreement entered into by the client with any of TKM’s suppliers or affiliates. Such amount shall be calculated in relation to the VAT inclusive value of any contract or agreement.
11.1. The client must notify The Kitchen Mafia in writing where they wish to cancel an event.
11.2. Should the client wish to cancel an invoice and/or function or booking, the following must be noted:
11.2.1. If the event is cancelled within 7 (SEVEN) working days prior to the commencement, the client shall be liable for a cancellation fee of 100% (ONE HUNDRED PERCENT) of the total event cost.
11.2.2. If the event is cancelled more than 7 (SEVEN) working days prior to the commencement, the client shall be liable for a cancellation fee of 50% (FIFTY PERCENT) of the total event cost.
11.2.3. Clauses 11.2.1 and 11.2.2 above shall not apply during the months of November and December of any given year, wherein a cancellation fee of 100% (ONE HUNDRED PERCENT) of the total event cost will be charged regardless of when the client intends to cancel an event.
11.2.4. If client has received a credit from TKM, it is only valid for 6 months. The value of the credit note is for a Rand value and not for specific items/food/hiring/ drink. A new quotation will be given and the credit amount will be taken off the new quote/ invoice.
The client acknowledges and accepts, except in the case of fraud or gross negligence, that TKM (including its staff, suppliers, and affiliates) shall not be liable for any bodily injury, death, loss of profit, or any other damages, whether direct or indirect, consequential or otherwise sustained by the client through the use of TKM’s services or at any event.
13.1. Where the client has any issues or complaints relating to any aspect of the event, including the food catered, the client is requested to communicate any such issues or complaints to TKM as soon as reasonably possible.
13.2. Where any issues or complaints regard food which has been catered, the client is requested to keep and refrigerate any food immediately until such food can be collected by TKM to be evaluated and the issue remedied.
13.3. Where the client fails to adhere to the above, TKM shall not be liable for any issues or complaints which cannot be assessed, evaluated, and/or remedied.
It is agreed that neither party shall be liable for delay or failure to perform any obligations contained herein if such delay is due to acts of god, fire, earthquake, labour dispute, war, martial law, interruption of transport, government order, electrical load-shedding or surges, riot, revolution, outbreak of epidemic, pandemic or other widespread diseases, any delay in securing any permit, consent or approval required by the supplier for the supply of goods under the contract or any other authority or any other cause beyond the reasonable control of the parties.
Each of the parties choose domicilium citandi et executandi for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from these Terms at their respective addresses.
Should it become necessary for The Kitchen Mafia to take legal action of any sort against the client pursuant to any breach of these Terms by the client, the client shall be liable for all legal costs on the scale as between attorney and own client including tracing fees, collection commission and any other costs which may be applicable.
17.1. These Terms constitute the entire agreement between the parties and no representations by any person or variations or amendments to any of the terms and conditions contained herein shall be valid and binding on the parties unless reduced to writing and signed by both parties.
17.2. No extension of time or any other relaxation or indulgence granted by TKM to the client shall operate as or be deemed to be a waiver by TKM of any of its rights under this contract or a novation of any of the terms and conditions of this contract.
18.1. Termination of these Terms for any cause whatsoever shall not release either party from any liability which at the time of termination has already accrued to the other or which thereafter may accrue in respect of any act or omission prior to such termination.
18.2 No alteration, consensual cancellation, variation of, or addition to these Terms shall be of any force or effect unless reduced to writing and signed by the parties. These Terms contain the entire agreement between the parties and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
18.3. No indulgence, leniency, or extension of time which TKM may grant or show to the client shall operate as an estoppel or in any way prejudice TKM or preclude TKM from exercising any of its rights in the future.
18.4. These Terms shall be governed by and interpreted in accordance with the law of the Republic of South Africa. All disputes, actions, and other matters in connection with these Terms shall be determined in accordance with such law. 18.5. Any provision of these Terms which is held invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
18.6. Each undertaking in these Terms shall be construed as a separate undertaking and if one or more of the undertakings contained in these Terms is found to be unenforceable or in any way unreasonable the remaining undertakings shall continue to bind the parties. To the extent possible in any jurisdiction to which these Terms may apply or in which these Terms may be enforced, if any undertaking contained in these Terms is found to be void but would be valid if the period of application thereof were reduced or if some part of the undertaking were deleted, the undertaking in question shall apply with such modification as may be necessary to make it valid and effective.
18.7. The rights and remedies of the parties under the Terms are cumulative and in addition to any rights and remedies provided by law.