|
The first rule of the Restaurant Maxwell
(hereafter known as the Company) is always to fulfill the wishes
of our patrons/clients (hereafter known as the Client) to an exacting
standard as befits the reputation and experience of our house. The
following conditions are to be regarded as the legal basis of our
business relations; they are to be accepted on the placing of a
order or on receipt of a service. Anomalous conditions on the part
of our patrons/guests, which we have not accepted either explicitly
or in writing are not regarded as binding ( … even when not
explicitly contraverted by us). The Client declares that he is authorised
to place the order to its full extent. Should the Client be acting
as the organiser of an event, then he is authorised to do so and
has the legally required permissions at his disposal and fulfills
all the regulatory obligations required for this purpose and has
taken out an appropriate and sufficient public liability insurance.
1.Terms of Supply and Delivery
Our terms of supply are subject to change. We will deliver all non cash benefits and services after receipt and confirmation of the order. We take orders in writing, by fax and or email; acknowledgment of confirmation on our part is required. Of course an order can take place in person by appointment in our offices. We request that the appropriate lead or delivery time of goods and services be agreed with us. On receipt of the Client's order with the corresponding confirmation on our side the contract is considered to be completed. Should the order at the request of the Client be delivered by us to a different location from that agreed for the performance of goods and service, then the Client must take on the risks up to the point of delivery. With the exception of gross negligence or intent by the driver.
2. Reservation and Hiring of Rooms and Seats
Should the Client so desire, the Company will make available, for the contractually agreed duration, rooms suitable to the event as set out in § 1 and on the basis of the stated request. In the event of the cancellation of the contract of parts thereof, for no matter what reason, the Client assumes the costs thereby incurred.
3. Delivery Times
Delivery takes place in accordance with the agreement made in each case or as determined in the terms of supply. The agreed delivery dates of services are binding. Should the Company not be able to complete the performance of its obligations, as set out in the contract, because of the occurrence of unforeseeable exceptional circumstances or because of events beyond its control which the Company is unable to avert despite all reasonable diligence in the circumstances of the case, then the Company is deemed free from the obligations of delivery of goods and services. Any claims for compensation derived therefrom on the part of the Client are not applicable.
4. Settlement of Payment
Payment is due in principle immediately upon receipt of bill strictly net cash, unless there has been a different agreement in writing. In order to avoid unnecessary administrative costs, the Company, or a representative of the Company is authorised to demand payment. In the event of delayed payment, we reserve the right to charge interest at the current effectual rate. The right to claim any additional damages remains unaffected. In the event of an order with a value in goods and service of over EUR 500.00 we require a deposit of 35% for services rendered in the Restaurant Maxwell, or 50% of the estimated cost for catering services. The payment must be made and have cleared our account up to 10 working days before date of the performance of the contract. We reserve the right to ownership until full payment has been received including all incidental claims.
5. Withdrawal/Cancellation
In the event that sufficient notice (up to 58 day before the event) is given in writing, orders can be cancelled by either party without incurring costs. In this respect and in general a period of more than 56 days before delivery of goods and services applies, assuming there are no further outstanding agreements. §2 and costs unavoidably incurred by third parties remain unaffected by this rule. In the case of withdrawal of order within a period of 56-28 working days 35% of costs for delivery of goods and services accrue, in the case of cancellations within a shorter period this amounts to 65% and in the case of 48 hours beforehand 100% of the agreed costs. Corresponding cancellation fees from third parties which were instructed by us on behalf of the Client are the responsibility of the Client. A reduction in the number of people is free of charge up to 2 working days before delivery of goods and services and when this amounts to no more than 10% of the total number of persons
6. Complaints
Should our delivery of goods and services give the Client reason to complain, when the Client can even remotely take it that they are directly resolvable, they must be made known to the Company immediately and initially by word-of-mouth. The Company can only agree to a price reduction on the basis of established complaints if the service which was complained about in writing could not be resolved despite sufficient notice. Exchange of consumables and luxury food items which the Client has incorrectly ordered is not possible. For improper handling and storage of the delivered goods by the Client the Company can assume no responsibility. Excluded from this is the delivery of good and service by third parties.
7. Liability
On receipt of goods and services by the Client, the Client assumes responsibility for the risk of damage, breakage, waste and loss as well as for impairment and deterioration including the liability of third parties and consequent damage resulting therefrom. Warranted characteristics must be specifically indicated by the Company in the confirmation of the order, otherwise claims by the Client are not applicable. For direct damage during delivery of goods and services which are the responsibility of the Company, the Company is liable. The Company assumes no responsibility for goods and services applicable according to §4. Liability for direct damage to persons, property and financial losses as well as for resulting damage is excluded, as far as the law applies. The Company is not liable for personal clothes and valuables belonging to guests and third parties left in the cloakroom.
8. Prices
The price list handed over to the Client is not binding. Only those prices on each quotation are valid which form the basis of the contract. These are not transferable. All services rendered by third parties are subject additionally to the statutory rate of VAT. If more than 60 working days transpire between the receipt of the quotation and the placing of the order, the Client is entitled to apply the respectively valid prices. With the publication of a new price list, all other publicised price lists expire.
9. Miscellaneous
Agreements which alter or supplement these terms and conditions are required in writing in order to be valid. In the case of the invalidity of individual clauses in the contract, the validity of the other clauses of the contract remain unaffected. In place of the contractual clauses which have become invalid, the Company and Client are obliged to replace these directly and in writing by way of supplementary agreements with an understanding such as will come closest to the clauses which have become invalid. The cost of replacement in the case of breakage, waste, damage and losses will be charged to the bill. Quotations, concepts and calculations compiled by the Company are subject to copyright protection law and may not be made available, even in extract form, to third parties or be implemented in the case of no order being placed. The preceding terms and conditions are also applicable for contracts with non-commercial clients, except for differently formulated legal clauses. The terms and conditions of the Restaurant Maxwell are valid in the respectively relevant version. This agreement is governed by the laws of the State of Berlin. |
