“Client” means the client or person acting on behalf of and with the authority of the client.
“Confirmed Quote” means the price of the services being provided by the Company as agreed between the Client and the Company, including any penalties, costs, or interest incurred pursuant to these terms and conditions.
Hours of Trade: The standard operating hours of the Company are Monday to Friday 7:30am to 5:30pm, excluding public holidays. Any orders scheduled for pickup, delivery, or post-event collection outside of these hours will be subject to a minimum spend requirement of $200.00.
Dietary Requirements: The Client is responsible for advising the Company of any dietary requirements or restrictions before an order is confirmed. If sever allergies are an issue the Company will make all reasonable efforts to keep an order free from contaminants such as, but not limited to, gluten, nuts, fish, eggs, and soy however all food is prepared in a facility that contains these ingredients. All dietary matters will be included in the quote for the Client to confirm and accommodations can be discussed to ensure every order is safe and fit for purpose.
Booking: The Client may request a quote via telephone, email, or through the Company website. The Company will respond with a quote as soon as practicable and it will be the Client’s sole responsibility to confirm the details of the proposed order are correctly recorded before accepting the quote at which time the quote will become a Confirmed Quote.
Payment: In exchange for the services of caterer as specified in these terms and conditions and the Confirmed Quote, the Client will pay the Company the amount specified in the Confirmed Quote on the following basis:
Deposit: The Client will pay a non-refundable 10% deposit on confirmation of the quote which will secure the date, time, location, and quantity of the order. The Company will only confirm the order once the deposit has been paid.
Balance: The Client will pay the balance of the Confirmed Quote no later than 10 working days prior to the date the order will be delivered/picked up. If there is less than 10 working days from the date the order is placed to the date of delivery/pickup, then the full invoice will be due for payment on confirmation of the quote.
Late Payment: If the Client fails to pay the invoice in full by the due date then the Client will be deemed to have given notice pursuant to clause 11(b) of these terms and conditions and the provisions of that clause will apply. The Company may elect to complete the order at its sole discretion and further reserves the right to charge penalty interest at 12% per annum calculated daily from the date payment was due.
Costs: The Client indemnifies the Company against all costs, whether commission, legal fees, or otherwise, incurred by the Company, or a duly authorised agent of the Company, relating to the recovery of any moneys, goods, or services that may be outstanding from time to time pursuant to these terms and conditions. This clause is intended for the benefit of and enforceable by a debt recovery agent, on behalf of the Company, under the Contract and Commercial Law Act 2017.
Delivery, Pickup, & Post-Event Collection: Any delivery or post-event collection fee will be disclosed in the quote unless location is not provided at the time of enquiry in which case such costs will be agreed subsequently as a condition of the order being confirmed. The Company will endeavour to deliver all orders as close to the requested time as possible however in the instance where there are multiple deliveries for different clients an order may arrive earlier than scheduled (within a reasonable timeframe and taking into account the circumstances of the order). The Client may elect to pick up an order however such election must occur at the time the order is confirmed otherwise subsequent agreement for the Client to pickup will be at the sole discretion of the Company.
Catering Equipment: Where an order is delivered on equipment owned by the Company (to be assumed unless specified otherwise) then such equipment must be returned to the Company within two (2) working days from the date of delivery/pickup. If any equipment is broken or lost (at no fault of the Company) the Client is responsible to reimburse the Company for the full replacement value of the broken or lost equipment. The Company will provide the Client with an invoice for any broken or lost equipment as soon as practicable which will be payable within seven (7) days of the date of that invoice. Failure to pay will result in penalties pursuant to clause 5(c) of these terms and conditions.
Related Costs: The Client will be solely responsible for all costs and deposits relating to the use of any venue where the Company provides services as a caterer and for obtaining any necessary permissions or authorisations for the Company to operate and any other requirements of the Company as provided for in the Confirmed Quote.
Access: In the case of delivery, the Company requires access to the premises of the Client’s event no later than two (2) hours before the start time of the event to set up and for at least one (1) hour during or after the event to complete clean-up, provided that this service is included in the Confirmed Quote. Access will be arranged by the Client and be their sole responsibility, including any unforeseen costs which arise in complying with these requirements.
Variations: If, subsequent to an order being confirmed, the Client wishes to change the order then the Company reserves the right to vary the quote at its sole discretion, provided that no variation will be accepted which reduces the Confirmed Quote. The Client must confirm the varied quote no later than 10 working days before the date the order will be delivered/picked up.
Cancellation: The Company does not provide postponement alternative dates and the cancellation criteria is, if the Client gives the Company notice in writing that the order has been cancelled:
More than 10 working days before delivery/pickup then there will be no refund of the deposit; or
10 working days or less before delivery/pickup then the Client will be liable for the full price as per the Confirmed Quote.
The Company provides catering services regardless of the weather. If you wish to cancel your event due to the weather standard cancellation provisions will apply.
Health & Safety Compliance: The Company will not be liable for the health and safety of the Client or those people eating catered food in circumstances where the food has not been chilled and/or reheated as per instructions provided by the Company with each order or consumed more than 30 minutes after the specified service time. Grazing tables and cheese platters should be consumed within four (4) hours of set up, pickup, or delivery.
Staff Hire: The Client may request the Company provide service at an event and any arrangements must be agreed before an order is confirmed. Staff rates are charged on a minimum of three (3) hours plus travel time to and from the venue. Any additional hours worked by the staff at the event as a result of changes to the planned run of the event, or by circumstances out of the control of the Company, will be charged to the Client as soon as practicable following the event.
Limitation of Liability: If the Company cannot fulfill its obligations under these terms and conditions to provide an order as per a Confirmed Quote for reasons outside of its control then the Company may locate and retain a replacement catering company at no additional cost to the Client or refund the Client in full, the option to be at the sole discretion of the Company. The Company will not be liable for any further damages or compensation in such circumstances.
Guarantee & Indemnity: The Company may require as a condition of supplying an order to the Client that a guarantor, suitable to the Company in all respects, execute a guarantee for all monies due and owing to the Company by the Client in the form acceptable to the Company from time to time. This requirement will be disclosed to the Client in the quote and be a condition of the order being confirmed.
Privacy: The Client and any guarantor of the Client authorise the Company to hold personal information about the Client and any guarantor of the Client. The Client and any guarantor of the Client authorise the Company and its agents, or any third parties authorised by the Company, to use this information for statistical, marketing, private development and research purposes, and enforcement of any rights or privileges directly or indirectly conferred upon the Company under these terms and conditions.
Dispute Resolution: The Client agrees not to post any negative information about the Company arising in relation to an order on any online forum or website without providing advance written notice of the intention to do so and providing the Company with reasonable opportunity to resolve any issues between the parties amicably.
Entire Agreement: Together with the Confirmed Quote, these terms and conditions constitute the entire agreement between the Client and the Company.
Severability: If any part of these terms and conditions is held to be unenforceable or in conflict with New Zealand law, the invalid or unenforceable part shall be replaced with a provision that, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these terms and conditions shall continue to be binding on the parties.