Terms & Conditions
The Services are provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, Mac ‘N Noodles LLC dba CateredBuffets.Com hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. Mac ‘N Noodles LLC dba CateredBuffets.Com disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the Services and materials, programs, and features made available therein. This agreement will include your chosen buffet options selected/purchased on your receipt.
1. AGREEMENT. Client and Mac ‘N Noodles LLC dba CateredBuffets.Com (hereinafter referred to as CB) enter this exclusive contract (Catering Agreement) and agree to its provisions. CB, agrees to serve as a food provider to Client.
2. CHANGES TO PARTY SIZE. Client will not be allowed to lower guest count/order once checkout is created by use of their credit card. In the event Client needs to raise guest count, a new purchase must be placed to accommodate the added request.
3. DISCLOSURES. Client consents to CB’s disclosure of Client’s information to service providers or designee for the purpose of fulfilling the catering commitment. CB is not obligated to seek other catering arrangements while Client is already a party to a contract for Catering Services. Client understands that CB is not liable for Client’s acts or omissions that have not been approved, directed, or ratified by CB.
4. EVENT FEE. For Client Pay event, payment in full is due upon checkout.
5. CANCELLATION POLICY. For all events CB requires agreement to our cancellation policy. You agree to pay liquidated damages equal to the full catering charge on your receipt and all applicable fees. This policy is in effect for any and all cancellations. Pursuant to paragraph 20 of this contract the only cancellation or modification permitted is by written agreement signed by party upon against whom the modification is being enforced. THERE ARE NO VERBAL CANCELLATIONS.
6. BANQUET SERVICE If more time than the agreed upon service time is needed due to constraints outside of the CB’s control, including but not limited to guests arrive late, large number of guests arriving at the end of service time window, etc. Client agrees to pay a charge of $200 hourly rounded up to the nearest 30-minute increment. CB reserves the right to refuse excess service if it will impede other events, obligations, or weather-related conditions.
7. PARKING & PERMITS. CB is not a party planner and does not secure permits, event liability insurance, nor any other required documents on behalf of the Client. It is the Client’s sole responsibility/obligation to secure parking, insurance, and any required permits for service. Failure to provide adequate parking or permits for Caterer resulting in reduced service will not negate fee requirements set forth above.
8. INDEMNIFICATION. Client agrees to indemnify and hold harmless CB from all claims relating to this contract or liability caused by negligence of CB.
9. Menu Availability: Caterer hereby retains the ability to effectuate immediate menu adjustments, substituting items of equal or superior value, to fulfill the client’s requirements, in the event that procurement challenges impede the availability of specific menu selections, without incurring any additional cost to the client.
10. MARKETING MATERIAL. Client acknowledges that CBis permitted to use digital and print photos, images, videos, and likenesses from their event as marketing materials to be used by CB.
11. NONDISCRIMINATION. CB will not discriminate on the basis of race, age, gender, creed, sexual orientation, religion, or national origin.
12. RECOMMENDATION OF LEGAL COUNSEL. By completing your purchase on our website, Client incurs important legal rights and responsibilities. If Client has any questions, they should seek legal consultation prior to signing document.
13. ATTORNEY FEES. In the event of any litigation relating to this contract, Client will be responsible for all CB’s legal and collection fees, including but not limited to reasonable attorney’s fees, court costs, and any other legal expenses.
14. NO OTHER PARTY OR INTENDED BENEFICIARIES. Nothing in this catering agreement shall be deemed to inure to the benefit of any person other than Client and CB.
15. CB’S RIGHT TO CANCEL. In the event the Client fails to substantially perform under this food truck catering agreement, including but not limited to the Client’s failure to reasonably cooperate with CB or secure venue permits, CB may cancel catering agreement upon written notice to Client. Any rights of CB that accrued prior to cancellation will survive such cancellation to include CB’s damages. Damages may include but are not limited the amount of the contracted fees set out above.
16. FORCE MAJUERE. CB shall not be liable or responsible to the Client, 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 when and to the extent such failure or delay is caused by or results from acts beyond the CB’s reasonable control, including, without limitation, the following force majeure events (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or 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; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; (m) mechanical breakdowns or immobilizations (n) or other similar events beyond the reasonable control of the CB.
17. CHOICE OF LAW. Any document or notice to CB must be in writing delivered via certified mail return receipt requested or served upon its registered CB. Choice of Law. This food truck catering agreement and all disputes arising hereunder are governed by and construed in accordance with the laws of Jefferson County Colorado. Venue is expressly agreed upon and limited to Jefferson County Colorado.
18. MESSAGING. By using our site you agree that Mac ‘N Noodles dba CateredBuffets.Com order fulfillment or marketing may involve the use of text (SMS) messaging (either sending or receiving), Mac ‘N Noodles dba CateredBuffets.Com will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).
19. ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties and any prior agreements, whether oral or written, have been merged and integrated into this food truck catering agreement.
20. MODIFICATION OF THIS CONTRACT. No subsequent modification or amendment of the terms of this food truck catering agreement shall be valid or enforceable unless said amendment is agreed to in writing and signed by the party against whom it is to be enforced against.
21. SEVERABILITY. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Mac ‘N Noodles, LLC. dba CateredBuffets.Com, and are accepted by you upon your use of the Services. This agreement constitutes the entire agreement between you and Mac ‘N Noodles, LLC. dba CateredBuffets.Com regarding the use of the Services and the features therein and supersedes and replaces any prior agreements between you and Mac ‘N Noodles, LLC. dba CateredBuffets.Com. regarding the use of the Services. By using the Services, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.