Catering Services means the food preparation, cooking and waiting services (if applicable) 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 the Customer from time to time.
Parties means the Caterer and the Customer, and Party means either one of the Parties.

Supply of Catering Services

(a) By requesting Catering Services or by paying a Deposit, the Customer hereby agrees to
and acknowledges these terms and conditions.
(b) The Caterer will supply the Catering Services for the Function on the Date, beginning at the
Start Time and finishing at the End Time.
(c) The Caterer will provide the Catering Services:
(i) with reasonable care and skill;
(ii) in accordance with food catering industry standards for hygiene and general
cleanliness concerning:
(A) the preparation and cooking of food; and
(B) the handling and service of food, beverages, utensils and tableware; and

(iii) in compliance with statutory and regulatory requirements affecting the preparation,
cooking, handling and service of food.

(d) Although there may be a binding contract between us, the Date will not be binding on the
Caterer until the Caterer receives the Customer's Deposit.

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 (unless we agree otherwise).
3.2. Payment
(a) The Customer will need to pay the balance of the Price .
(b) The Customer will pay for the Extras (or any additional extras, if the Customer has
already made a payment at the time the Customer makes their order) when the
Caterer provides the Customer with an invoice for them.
(c) 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 or package 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.
(d) 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. Termination is dealt with further in clause 4 below.

3.4. Extras
(a) The Price does not include the Extras.
(b) The Extras are charged in addition to the Price. Where possible, these will be
estimated, and stated on the invoice at the time the Customer places their order. If
they are estimated, the Customer will be required to pay the estimated cost of the
Extras at the time the Customer places the order.

3.5. 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.
(b) If the Customer disputes the whole or any portion of the amount claimed in an
invoice submitted by the Caterer, the Customer must:
(i) pay the portion of the amount stated in the invoice which is not in dispute in
accordance with the terms of payment set out in this agreement; and
(ii) notify the Caterer in writing (within 7 days of receipt of the invoice) of the
reasons for disputing the remainder of the invoice.

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 10 working days before the
Date the Customer will only forfeit the Deposit.
(e) If the Customer cancels the Function less than 10 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 or other consumables or Extras.
(f) If the Customer reduces the number of persons attending the Function less than 10
working days before the Date, then the whole of the Price will be payable.
(g) If the Customer notifies the Caterer more than 10 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.

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 a

reasonable amount, 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 compensate the Customer for any loss or damage the Customer
may suffer if the Caterer fails to carry out duties imposed on the Caterer by law
(including if the Caterer causes death or personal injury to the Customer or those
who could be reasonably foreseen as being subject to the Catering Services, by the
Caterer’s negligence).
(b) Clause 7.2(a) applies unless that failure is attributable to:
(c) the Caterer’s fault;
(d) a third party unconnected with the provision of Catering Services under this
contract; or
(e) events which the Caterer could not have foreseen or forestalled even if the Caterer
had taken all reasonable care.

Copyright and Intellectual Property
(a) The Website and the Services are subject to copyright. The material on the Website is
protected by copyright under the laws of Australia and through international treaties. Unless
otherwise indicated, all rights (including copyright) in the Services and compilation of the Website
(including but not limited to texts, graphics, logos, button icons, video images, audio clips,
Website code, scripts, design elements and interactive features) or the Services are owned or
controlled for these purposes, and are reserved by Chit Chaat Co or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Chit
Chaat Co.
(c) Chit Chaat Co retains all rights, title and interest in and to the Website and all related
Services. Nothing you, a Customer or a Visitor do on or in relation to the Website will transfer any
right in any intellectual property owned by the Caterer.
(d) You may not, without the prior written permission of Chit Chaat Co adn the permission of any
other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post,
distribute, show or play in public, adapt or change in any way the Services or third party Services
for any purpose, unless otherwise provided by these Terms.