CAKE Disclaimers
Retainer
An initial retainer must be secured prior to any services being performed by NoveltyCakesAndCatering. This payment can be made in the form of cash, valid credit card, Venmo, Cash app, Facebook Pay or PayPal
Payment Schedule and Method
For your convenience, payments can be made via a valid credit card, Venmo, Cash app, Facebook Pay or PayPal. Otherwise, payment is to be made by cash, no post dated checks accepted (checks will be cashed the following business day from time check is received and a fee of $50 will be billed for any check that bounces back. Failure to pay fee will result in lawful punishment.
A 50% initial retainer is due upon completion of the signed agreement for services. Remaining balance is due as indicated in a further, final contract of services. (Please see Electronic payment acknowledgement of contract)
Late Fees
If your scheduled to meet for your order you must arrive on time for the selected pickup time at the chosen pick up location. If you are late beyond 5 minutes, a late fee of $10 per 5 minutes will be charged and due upon your late arrival. As a small business, I am only one person and have other orders to complete and/or deliver. If you are more than 15 minutes late and I am dedicated to other deliveries due immediately after your timed pick up, You will still owe a late fee for the time waited and will have to reschedule your pick up on my terms and time available to do so. As stated many times on every page of my website, all sales are final. No refunds will be made due to negligence to a scheduled pick up time, especially when there is the option for you to pick up your order from my self service designated cake refrigerator at the convenient location of my home.
Damage in transportation/customer care
Client agrees to exercise all due diligence in caring for and preserving the products created by and handed over by the consultant.
Once the products are in the customers possession, I can not and will not be held responsible for any damages to any product while in the care of the consumer. Each customer is educated on proper transportation and care of each product to ensure further quality until consumption. I take pride in my creations and do everything to ensure optimal quality, freshness & integrity of each product. Throughout the creation process and before sending the product(s) on their way, they are checked thoroughly to make sure they are at their best quality. I am confident my products will make each and every one of you satisfied.
Novelty Cakes Strongly suggests personal delivery to ensure product is received in optimal condition. Any and All orders picked up will be the customers responsibility ONCE IN HAND, ALL sales are final.
***All cake orders containing 2 or more tiers that require stacking upon each other will need to be delivered to ensure proper set up and final accessory placement/touchups.
This type of delivery is free up to 15 miles***
Please note Prices are subject to change from the stated per person price suggestions. This can occur if items are out of season or have gone up in price. Individual items will be adjusted accordingly before a contract is signed and will remain the quoted amount for your order/event including pre booked orders where a deposit has already been placed.
(All orders placed and paid for by client is in acknowledgement and understanding of this Disclaimer page and its rules therefore placing the client in agreeance to contracts regarding sales and items purchased. Furthermore, no signature is required to enter a contract once a deposit or payment of any kind is made).
CATERING Disclaimers
Retainer
An initial retainer is mandatory and a signed contract is highly suggested PRIOR to any services being performed by NoveltyCakesAndCatering. (NO signature is required to enter a contract once a deposit or payment of any kind is made).
*(Please see Electronic payment acknowledgement of contract)*
Contracted package
Includes all services described in selected package details reviewed and distributed to clients. Any additional services/products requested by the client incurred by consultant will be billed directly to client at cost. All services contracted cannot be deducted, but additional services can be added.
Provided Documentation
All documentation created and provided to client is owned and copy written by Consultant and cannot be used or given to any other 3rd party. Client will be legally held responsible.
Hotel Accommodations
Hotel accommodations (1 room with 2 double beds for 2 days or 2 rooms with 1 double bed for 2 days) are required within 10 – 15 miles of site in a safe location for all employees of Consultant working the events for any events located further than 40 miles away.
Destination
For all events deemed as destination (taking place beyond 90 miles from establishment), additional fees are applicable, such as round trip airfare, hotel stay for 4-5 days & 3-4 nights pending complexity, and car rentals from airport and back during the stay. All travel can be arranged by clients per specifications of Consultant or arranged by Consultant with agreement of payment invoiced.
Attire
All associates of Consultant will wear proper attire, white, blue or black dresses, suits, dress pants, blouse day of event.
Day of Management/Consultant – Will be a Lead Associate and team member of Consultant who will be present and manage day of activities.
Liability
It is understood that Consultant is only liable for services completed and provided by Consultant and cannot be held liable for the services of other contracted vendors. It is understood that in no event shall Consultant be liable for consequential damages and or acts of nature of any kind.
Catering Cancellation Policy *Including wedding cake(s)*
If event is canceled, no portion of the fees paid to Consultant will be returned. If event is canceled less than 3 months before date, 2nd payment will be required to compensate for hours of service already rendered and loss of event date. If the event is postponed, services contracted can be applied to a new date if available (refer to Postponement Policy below).
Postponement Policy
If event is postponed, all services will cease at time of notification of postponement if no determined new date is provided. Payment schedule will be determined and readjusted post new event date notification. If client requires services to resume, post new event date being established, second payment will be required at time of service re-start.
Responsibility of contract
Consultant is not responsible for Acts Of God, Natural Disasters, an Act Of Government such as A Declaration of National or Local Emergency, or Other Incidents Not within the control of the consultant, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance.
Overtime
Additional unplanned and/or un-contracted services (such as, but not limited to, full redo of design, day of event extension of time, services outside of scope of agreement, management of non wedding/service day activities, etc) are considered overtime and will be billed with prior notification and consent at the rate of $500 per hour.
Costs
Addons - Any purchased items on behalf of client for day of event or after contract is set will be billed directly to client at cost of goods and mileage at $2.00 per mile if extensive travel (beyond 5 miles) is required to be acquired. Same goes for unaccounted for guests that cost additional products to be consumed.
Contracted Vendor and Payments
Any rentals and/or subcontracted vendors contracted on behalf of client will be paid in full to Consultant directly at requested deadline. Proper notice will be provided per cost.
Damage or Loss of Accessories and or Equipment
Client agrees to exercise all due diligence in caring for, and preserving the property of Consultant. Clients shall remain responsible for all loss or damage to rentals, up to and including actual replacement value for each missing or damaged item per cost. A major credit card is required to be held on file for any incidentals. Furthermore, Consultant has the right to calculate and charge any damages to cover the cost of replacements up to but not limited to 5 days after event is completed. Client will be given a proper notice of charges incurred prior to charge simply to be made aware of, not gain permission for. Client will be held legally responsible if card on file is not valid. Furter legal action can and will be taken if payment of any damages are refused and charges incurred will be made right. Client is responsible for ANY ADDITIONAL fees incurred during the process of payment retrieval. I am a small business and work very hard to make each clients requests possible. I go above and beyond and expect to be paid for my time and value that makes your big event possible.
Payment Schedule and Method
For your convenience, payments can be made online via a valid credit card, venmo, cash app, Facebook Pay or PayPal. Otherwise, payment is to be made by cash, NO CHECKS.
50% initial retainer due upon completion of agreement for services. Remaining balance is due as indicated in a further, final contract of services (typically due one week before event). Late payments will be billed in the amount of $50 each day the payment is late. After 3 days your at risk for our services to be rendered, NO REFUNDS will be given for failure to complete your responsibility of said contract.
Electronic Payment Acknowledgement of Contract (All orders placed and paid for by client is in acknowledgement and understanding of THIS page, Disclaimer page and its rules therefore placing the client in agreeance to Virtual contracts regarding their sales, Commitments and items purchased) All Payments sent via Venmo, Cash app, Paypal, Facebook Pay, HoneyBook, Credit Card via Square wallet, Apple Pay and all other online payment methods made from Client to NoveltyCakesAndCatering is automatic signature and acknowledgement of said contract. Before or at time of delivery a paper or email copy of contract can be given to client for record keeping upon request. No signature will be required as payment is in acceptance of contract. Final payment will be due 1 week before due date of goods. You will incur a 10% late fee that will be billed each day for up to 3 days past final payment due date that is discussed. Lack of final payment will result in services being rendered. NO REFUNDS will be given for failure to complete your responsibility of said contract. At that time, consumer will be billed final payment including late fees. Further legal action will be taken in failure to pay due to time and resources spent and lost.
Legal Business & licensing:
NoveltyCakesAndCatering is a fully insured and Registered business.
(DBA NYS WARREN COUNTY SMALL BUSINESS NoveltyCakesAndCatering
AND NoveltyCakesByBritnee - Shawnah Britnee) Aviation rd Queensbury NY 12804
Commissary for catering is located at TimeServed Bar & Grill located in Comstock NY 12821