Terms and condition

By placing an order with Kesha’s cupcakes you (the customer) are agreeing to the terms set below.

Kesha’s Cupcakes reserve the right to change these terms and conditions in part or whole as needed.

1. Scope
1.1 The Supplier agrees to supply, sell and the Client agrees to acquire, purchase these on the terms and conditions of this
Agreement which Products are found on Schedule A.

2 Change Order Procedure
The Client may change, alter or amend its order for Products and Services by written amending order 7 days before the
supply date (large order quantities) for (Small order quantities) 5hours before supply date. All such changed orders are
subject to acceptance by the Supplier and Incurred costs.

3 Charges and Payments
3.1 Payment terms
The Client shall pay a deposit of 70% of the entire supply cost upon making an Order to secure a booking and a date. The
balance of the Purchase price being 30% shall be fully settled before delivery, and or pickup and setup.
The amount payable for the supply of the Products and are provided for in the pricelist, with the deposits paid before
securing of a booking and date. The Prices are non-negotiable with the offers valid for 30 days.

3.2 Payment Details
Subject to any express term to the contrary in this Agreement, the Price specified in this Agreement is the total charge to
The client
Payments can be made through: Pay bill
Cheque
EFT/RTGS
Pesalink

4 Delivery and Pickups
4.1 If the client decides to collect from our offices he/she then bears the responsibility of ensuring the Products are handle
with care, the vehicle transporting the goods is air-conditioned when the items being transported include Butter Cream
Cakes.

4.2 Whilst transporting the Products, the Products are kept on the foot well of the Passenger’s side and upon delivery, no
cakes and desserts should be left behind in the delivery vehicle.

5. Confidentiality

5.1 Both parties agree that, unless they have the prior written consent of the other, they will not use or disclose to any third
party (other than for the purpose of performing this Agreement) the terms and conditions of this Agreement or any
information confidential to the other party. The obligations of this clause 5 shall survive termination or cancellation of this.
5.2 Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the
other party, which may not be unreasonably withheld.
5.3 Any modification to or variation of this Agreement must be in writing and signed by authorised representatives of the
Supplier and the Client.
5.4 Any notice given pursuant to this Agreement will be sufficiently given if it is in writing and delivered, or sent by prepaid
post or facsimile to the other party at the address as shown below:

6. Working hours
6.1 The Supplier undertakes to Respond to all queries by the Client within Working Hours 8am to 5pm. Similarly, Pickups and
Deliveries will be made only within the aforesaid Working Hours.

7. Warranties
The Supplier warrants that:
7.1 All Services will be provided in a competent manner and in accordance with this Agreement, with the products supplied
complying with the Industry Standards;
7.2 The personnel supplied to undertake the Services will have all the requisite skills and expertise for the purpose and will
carry out their duties with due care and skill.

8. Force Majeure
8.1 Neither party will be liable for any act, omission, or failure to fulfil its obligations under this Agreement if such act,
omission or failure arises from any cause reasonably beyond its control including acts of God, strikes, lockouts, riots, acts
of war, epidemics, governmental action after the date of this Agreement, fire, communication line failures, power failures,
earthquakes or other disasters (called “Force Majeure”).
8.2 The party unable to fulfil its obligations due to Force Majeure will immediately:
8.2.1 notify the other in writing of the reasons for its failure to fulfil its obligations and the effect of such failure;
8.2.2 use all responsible endeavours to avoid or remove the cause and perform its obligations.

9. Set-up
9.1 The Client shall be required to have settled the entire agreed costs as per the quotation before the delivery or pickup.
No setup will take place until the entire quotation Is settled.
9.2 the Client will in advance provide in Writing the Location for the setup, time when the event will commence and end, the,
contacts and secondary contacts to be reached whilst setting up.
9.3 All stands and props are the property of Kesha’s Cupcakes and the Client Should ensure their safety in terms of storage
and security

10. Waiver
No delay, neglect or forbearance by either party in enforcing against the other any provision of this Agreement will be a
waiver, or in any way prejudice any right, of that party.

11. Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable, such provision will be severed and the
remainder of the Agreement will remain in full force and effect.