Catering Terms and Conditions

This agreement is made between Chit Chaat Co Pty Ltd (ACN 651 881 462) (Caterer) and the Customer that has paid a deposit for catering by Chit Chaat or Cumin & Co (Customer).

By paying a deposit to confirm your order, you are hereby acknowledging and accepting these terms and conditions. 

1. Definitions

In this contract, the following words have particular meanings:

Catering Services means the food preparation, cooking and waiting services to be provided by the Caterer to the Customer for the Function, at the Location on the Date.

Function, Location, Date, Start Time,End Time, Facilities, Price, Deposit and Extras are as identified in written communication between the Caterer and Customer from time to time.

Parties means the Caterer and the Customer, and Party means either one of the Parties.

2. Supply of Catering Services

(a)The Caterer will supply the Catering Services for the Function on the Date, beginning at the Start Time and finishing at the End Time. The Customer will pay the Price as per the Caterer’s menu.

(b)A binding contract between the Customer and the Caterer will come into being only when the Customer pays a deposit to the Caterer.

3. Deposit, Price, and payment

3.1.Deposit

The Customer will need to pay the Deposit at the time the Customer places the order for the Catering Services.

3.2.Payment

(a)The Customer will need to pay the balance of the Price 1 working day before the Date.

(b)All amounts stated shall be exclusive of any GST that may be charged by the Caterer to the Customer,and therefore, the Caterer will be entitled to add on GST.

3.3.Calculation of Price

(a)The Price is calculated, in part, on the following:

(i)the number of adults and children who will be attending the Function;

(ii)the type of menu the Customer has chosen;

(iii)the day the Function is to take place; and

(iv)the time of day when the Function will be held.

(b) If the Customer changes any of these after the Customer has placed the Customer’s order then the Caterer will have the right to recalculate the Price the Customer will need to pay the Caterer.

(c)If the Customer does not wish to pay the new Price then the Customer may terminate this contract but shall forego any Deposit paid.

If the Customer does terminate the contract in these circumstances the Customer may have to pay the Caterer for the reasonable costs, expenses or other amounts which the Caterer cannot reasonably avoid because of the termination of the contract.

3.4.Failure to pay

(a)If the Customer does not pay the Caterer the amounts the Customer owes to the Caterer at the times the Customer is required to do so then the Caterer may require the Customer to pay in advance for any Catering Services (or any part of the Catering Services) which the Caterer has not provided to the Customer or not provide any further Catering Services, or both.

4. Cancellations and changes in the number of persons attending a Function

(a)If the Customer terminates the contract between us, then the Caterer may need to charge the Customer for certain unavoidable costs. If the Customer wishes to reduce the number of persons attending the Function, the Caterer may not be able to reduce the amount the Caterer charges the Customer.

b)The Caterer needs to buy food and other consumables in advance. At the time the Customer terminates (or the date the Customer lets the Caterer know the Customer wish to reduce the number of persons attending) the Caterer may have already purchased the food and other consumables to be used at the Function. It is often not available to the Caterer to return the food to the person who sold it to the Caterer or use it at another catering function. Food often cannot be stored and it will deteriorate, and will often not be usable beyond a “use by” date.

(c)In addition the Caterer often needs to make arrangements and carrying out significant planning for providing the Catering Services at the Function. The Caterer needs to do this planning in advance of the Date. If the Customer terminates the contract the Caterer may have already spent time in doing this.

(d)Where the Customer terminates the contract at any time up to 7 working days before the Date the Customer will only forfeit the Deposit.

(e)If the Customer cancels the Function less than 7 days before the Date then the Caterer normally expects the Customer to pay the whole of the Price,less any amounts that the Caterer can reasonably avoid paying for food.

(f)If the Customer reduces the number of persons attending the Function less than 7 working days before the Date, then the whole of the Price will be payable.

(g)If the Customer notifiesthe Caterer more than 7 working days before the Date then the Caterer may be able to purchase less food and other consumables and will, where possible, reduce the Price to reflect the lesser amounts purchased.

5. The Caterer requirements

(a)On the Date, the Caterer needs access to the Location:

(i)at least 90 minutes before the Start Time.

(b)During the Function the Caterer may be able enter and leave the Location.

(c)While the Function is taking place the Customer will need to let the Caterer:

(i)have access to a sink with hot and cold water supply;

(ii)have access to the Facilities;

(iii)have access to a general waste and recycling bins;

(iv)have use of a parking space(or parking permit if required) throughout the time the Caterer (and their staff) am providing the Catering Services;

(v)use electricity from standard Australian sockets; and

(vi)use a toilet and washing facilities.

6. The Customer’s obligations

(a)The Customer will:

(i)make the Location and Facilities available on the Date;

(ii)ensure that the Customer’s guests and other persons attending the Function behave in a polite and reasonable manner to the Caterer and the Caterer’s staff during a Function and that those persons do not engage in threatening or offensive behaviour or make or use threatening, offensive, derogatory, sexual or racial comments or words. If the Customer or any of guests or other persons attending the Function do behave in any of these ways the Caterer will have the right to immediately stop providing the Catering Services; and

(iii)finish the Function by the End Time.

(b)The Customer agrees that if the Function continues beyond the End Time, the Customer will pay the Caterer’s reasonable additional charges and expenses.

(c)If children are to be present at the Function:

(i)The Customer will ensure that there are a sufficient number of adults present to properly supervise them and take care of them in case of accidents or other events; and

(ii)The Customer acknowledges and agrees that the Caterer will not be responsible for supervising or taking care of children or deal with any matter where their health or care is involved.

7. Liability and indemnity

7.1.Limitation on the Caterer’s liability to the Customer

(a)The Caterer’s liability to compensate the Customer for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to the Price paid by the Customer to the Caterer, having regard to such factors as whether the damage was due to a negligent act or omission by the Caterer.

(b)The Caterer’s liability for death or personal injury is also subject to the limitations set out in clause 7.2 below.

7.2.Limitation and exclusion of liability for personal injury and death

(a)The Caterer will not be liable for any loss or damage suffered by the Customer or any third parties, except to the extent that such loss or damage arises from the Caterer’s gross negligence or willful misconduct. The Caterer will not be responsible for any indirect, consequential, or incidental losses, including but not limited to, loss of profits or revenue. Any liability of the Caterer for death or personal injury caused by the Caterer’s negligence will be limited to the extent required by applicable law.  In any event, the Caterer’s total liability for any claim arising under or in connection with this agreement shall be subject to clause 7.1(a).

8. Duration and termination

(a)This contract will come into effect on the date that the Caterer receives the deposit, and, unless terminated earlier or as otherwise provided in this contract, will terminate automatically when the Caterer has completed performing the Catering Services.

(b) On termination, the Customer must pay all amounts falling due for payment after the date of termination from commitments the Caterer has reasonably and necessarily incurred for the performance of the Catering Services prior to the date of termination.

9. Subcontracting

(a)The Caterer can allow others (either in the Caterer’s place or together) to provide the Catering Services.

(b)If other persons perform the Catering Services the Caterer will still continue to be responsible for the performance of the CateringServices and the Caterer’s obligations under this contract.

10. Contacting each other

(a)If the Customer wishes to send to the Caterer any notice, the Customer should to send it to

chitchaatsyd@gmail.com.

(b) If the Caterer wish to send the Customer a letter or notice, the Caterer shall use the address the Customer has given on the Order Form.

11. Law and jurisdiction

(a)This contract takes effect,is governed by, and shall be construed in accordance with the laws from time to time in force in New South Wales, Australia.

(b)The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.