General Terms and Conditions Cloud Number 9 Catering GmbH (CN9)
These terms and conditions come into effect on the 1st of May 2013.
Any deliveries, accomplishments or offers of CN9 exclusively and only result from these general terms and conditions. We cannot acknowledge any client’s conditions conflicting with or deviating from our general terms and conditions, except we have agreed explicitly and in written form.
2. Conclusion of Contract
Any offer of a client for conclusion of contract (whether stated verbally, by telephone, in written form or via our online order service) needs an order confirmation from CN9 in written form in any case.
3. Place of Execution
In lack of any other agreement, place of execution is the place of business of CN9, and therefore Innsbruck.
In lack of any other agreement concerning the delivery and collection within the town Innsbruck, a fee will be charged. Find the actual fee in point 17.
5. Service staff:
All offers are calculated based on self-service. If you wish for service staff, we will be happy to provide our professionally trained, friendly and dedicated staff members. Such service will be charged by the actual expenditure of time. Find the actual hourly wage rate per staff member in point 17.
All our prices do not include legal purchase tax and possible further taxes. Ordered menus and buffets are being charged according to the amount ordered. Drinks are being charged after consumption – if not agreed upon differently. If no all-inclusive price is agreed upon, we charge every opened beverage. Possible quantity discounts are already included in the pricing of our offers.
7. Conditions of payment/default interest/reminder charges:
Unless otherwise agreed, our claims shall be payable immediately after issuing the invoice at delivery of goods without any reduction.
In case of a separate presentation of accounts, our claims are to be paid to CN9 within ten days from the date of the invoice on without deduction. Payment of our customers is only considered accomplished at the time of appearance on our business account.
At default of payment from the customer we are authorized to allocate a flat arrangement fee of € 15 and default charges of 8% above the base rate.
If expected, that the bill will exceed the sum of € 3.000,00, the customer has to pay 50% of the expected amount to CN9 until 10 days before the event at the latest. Should the deposit – for whatever reasons – not be on our business account 2 days before the event, we reserve our right to dissolve the agreement with immediate effect, without any claim of the customer. It is also upon our judgment, to demand an adequate commission, regardless of the total amount of order.
Offsetting is only acceptable in regard to demands that are acknowledged by CN9.
8. Order Modification/Cancellation /Default of Acceptance
Deviations concerning the amount of the ordered menus or buffets can be respected – with no extra costs - within a time limit of 72 hours before the event.
Cancellation is possible and free of charge until 120 hours before the date of delivery agreed upon. In case of a cancellation between 48 and 120 hours before the date of delivery agreed upon, we are authorized to charge 20% of the Buffet-/Menu price. In case of cancellation between 48 and 24 hours before the date of delivery agreed upon, we are authorized to charge 50% of the full price. In case of a cancellation within 24 hours before the date of delivery agreed upon, the full 100% of the amount will be charged. The execution applies disregarding any claims of mediating third parties.
If the customer has not accepted the order/service as agreed upon (default of acceptance), we are also authorized to charge the ordered goods or services at 100% plus possible costs for delivery and transport. This again applies disregarding any claims of mediating third parties.
In case of last minute Catering order until 12 hours before delivery, a fee will be charged. Find the actual amount in point 17.
9. Minor modifications to the services:
In case the ordered product or article is currently not deliverable or otherwise not available, we are authorized to make a replacement with products of equal or higher quality. This will not cause any impairment of performance.
The customer or the announced contact person may check quality and amount of the delivered goods upon delivery, the latest at the beginning of the event. Possible reclamations have to – in any case – be submitted as a written record and have to be signed by the responsible person of CN9 and the customer or his contact person. Otherwise the delivery is seen as accepted by the customer.
11. Right of retention:
The customer has no lien on leased items. From delivery to the time of returning the items to CN9, the customer holds responsibility for the loss or damages of those items. In case of damage, CN9 is authorized to charge the substitution of those items at cost price.
12. Liability/ Compensation:
Any claims of compensation are excluded in case of slight negligence. This does not apply for damage to persons. The regulations concerning compensation and other regulations in this paper of terms and conditions are also valid, if the claim of compensation is made additionally or instead of a claim of warranty. No liability or warranty is adopted for efforts of third persons for the customer.
All products delivered by CN9 are produced and delivered with the requirements of the HACCP’s prescriptions. CN9 cannot assume any liability for a consumption of dishes 12 hours after delivery time.
13. Non- performance:
In the event of force majeure like strike, fire or other fatal circumstances outside the area of influence of CN9, impeding proper performance, CN9 is authorized to unilaterally dissolve the agreement, excluding any claims of the customer. This is also and especially the case, if the use of approach – or access roads is impossible and thus equipment, food, drinks or staff, within the economical adequate effort, is not being provided in time, so that the performance of the event becomes impossible.
14. Choice of law /place of jurisdiction:
The Austrian right is prevailing. The contracting parties agree upon the exclusive jurisdiction of the court of justice in Innsbruck.
15. Data privacy/ Change of address:
The client agrees to the storage and usage of personal data fed into the internet and the data given in the contract. A circulation of this data occurs only to the extent of necessity to fulfill the contract. There will be no circulation of data for other reasons.
The customer is obliged to announce any changes of private – or business address, as long as the legal act covered by the contract is not fulfilled completely by both parties. If the customer fails to announce the changes, legal statements also count as forwarded, if it is sent to the address last announced.
We want to point out that for deliveries at events outside our business premises, the customer himself as the host is responsible for all possible legal permissions. This especially applies to the situation of music performances, which have to be registered with the AKM and paid accordingly. If desired, we can always arrange the registration, the payment of possible fees has to be done by the costumer.
17. Current prices:
The transportation fee, according to point 4, is currently € 50.
The hourly wage rate of working staff, according to point 5, is currently € 32.
According to point 8, we will charge a fee for last minute catering orders of € 53.
These general terms and conditions hold their validity to the point of possible changes or revisions.
19. Severability clause:
Should a clause of these General Terms and Conditions become ineffective, the effectiveness of all other clauses is not affected. In such case, the contracting partners will substitute the ineffective clause with an effective clause, which is as close as possible to the ineffective clause.
Technical changes and errors (misprints) as well as price changes reserved.