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Trina’s Concierge and Catering (TCC)
Food Services/ Provider Expecations and Implied Agreement

  1. TCC shall present all Customer orders to the Provider via phone or email, as requested by provider, specifying the selected menu item quantities, the delivery address, directions, special instructions, contact name and phone number, and the date and time on which the order is to be delivered by the Provider. All orders will be assigned a Purchase Order # to be referernced throughout the process.
  2. Upon receipt of an order during normal business hours, Provider agrees to confirm acceptance of the order via email or voice during normal business hours within two (2) hours after the receipt of the order. However, if a confirmation involves an order that is to be delivered on the same day, then the order will require an immediate confirmation.
  3. The Provider shall only accept order changes directly from the TCC Customer Service Department. The Provider shall not accept any cancellations, additions, or changes to a confirmed order from a Customer.

 

  1. Delivery staff must understand that full payment, including gratuity, has already been collected by TCC and delivery staff must not expect or demand payment of any kind from the Customer.
  2. TCC and the Provider mutually agree that an on-time delivery is one that is delivered in a 20 minute window between fifteen (15) minutes prior and five (5) minutes after the customer’s designated delivery time.

 

  1. The Provider agrees to deliver all orders inside the on-time delivery window. Early delivery of non-hot food items is acceptable only by prior arrangement and agreement with the Customer.

 

  1. If the Provider fails to meet the standards set forth and agreed upon, and the customer expresses dissatisfaction, then TCC AND the Provider acting together will attempt to satisfy the Customer.

 

  1. Provider will prepare and deliver orders in accordance with prevailing best industry standards and practices, and TCC standards. TCC’s standards include:

 

  1. Delivering meal items at appropriate and safe temperatures,
  2. Providing food portions equivalent to Provider’s standard menus,
  3. Clearly marking special dietary needs,
  4. Providing high-quality food packaged and delivered in accordance with accepted state, county and local food handling procedures.
  5. Providers must provide paper products and plastic ware for the proper headcount as listed on the order at no additional expense to the client.
  1. TCC will issue payments via credit card on the day of delivery. In the event an issue with the order arises, TCC will work with the vendor to determine an appropriate solution.
  2. Provider agrees that under no circumstances shall it attempt to collect payment for any order directly from a Customer.

 

  1. The Provider shall defend at its sole expense, indemnify, protect and hold harmless, TCC from and against any and all Losses suffered or incurred by TCC and TCC employees, officers, directors agents, and representatives, as a result of, or in connection with, any actual or threatened demand, allegation, claim, cause of action, proceeding, suit, lawsuit or action that arises out of, or relates to (a) any inaccuracy in the description of any menu item of Provider, unless such inaccuracy was caused solely by TCC’s negligence; (b) any act, error or omission by Provider and/or, Provider’s employees, representatives or agents in connection with the fulfillment or delivery of a Customer order, including all Claims for death, bodily injury, and property damage; (c) any breach by Provider of any term or provision of this Agreement; (d) the quality or composition of any food or beverage provided by Provider pursuant to this Agreement; and/or; (e) the death of, or bodily injury suffered by, any person as a result of consuming any food or beverage provided by Provider pursuant to this Agreement.
  2. In no event shall TCC’s liability under any claim arising out of this agreement or relation to any customer order exceed the amount of all sums paid to provider by TCC pursuant to this agreement.
  3. TCC shall defend at its sole expense, indemnify, protect and hold harmless, the Provider from and against any and all claims, judgments, actions, demands, proceedings, cost or other liability (including reasonable attorneys’ fees) which arise from or relate to: (a) any act, error or omission by TCC, TCC’s employees, representatives or agents, (b) the breach by TCC of any term or provision of this Agreement.

 

  1. TCC and Provider are contractors’ independent of one another and neither party, nor its employees or agents will be considered employees or agents of the other party for any purpose, except as expressly set forth in this Agreement. This Agreement does not create a joint venture, agency or partnership, and neither party has the authority to bind the other to any third party.
  2. Provider agrees the client relationship, including client information such as name, phone, email address, location as well as any other pertinent information gathered by TCC is the property of TCC. Provider agrees client information is confidential and is governed by TCC’s privacy policy.  Furthermore, Provider agrees that any solicitation without written consent from TCC would be considered a breach of this agreement and may cause termination.

"Great Food! Great Service!"

- Janice Gellar, Chevron Oil

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