The key to this is clear communication. With this aim in mind, please review the following;
TERMS OF TRADE ©
Catering and hospitality goods and services (“Goods”) are sold and supplied in and from New Zealand by Hamish Stewart Catering Limited (“HSC”) to customers (“the Customer”) on the following terms of trade which cancel and supercede all prior understandings, undertakings, representations and warranties by or between the parties:
1. Trading Issues
Following initial discussions about the event, HSC will typically provide an indication of the costs involved. Once the particulars of the event are advised to HSC, HSC will provide a quote (valid for 30 days) for the event based on those particulars. HSC requires not less than 7 day’s notice prior to the event of the final guest numbers and menu requirements to ensure the availability and quality of Goods. All prices prior to the quote being given (or which relate to services to be provided by a third party such as venue hire) are subject to change without notice and at the sole discretion of HSC. Any changes in quantities of food and beverages, equipment or additional services requested by the Customer at the event or after the quote has been provided will be charged to the Customer at HSC’s rates as at the date of the event.
While HSC will take all prudent steps to ensure the quality of any perishable Goods, HSC shall not be liable in any way for any loss or damage (including consequential loss or damage) arising from delays beyond its reasonable control in relation to the supply and delivery of perishable Goods. Risk in the said Goods shall pass to the Customer when the Goods are delivered to the Customer; or to any agent of the Customer, or are in the control of the Customer whichever is the earliest.
HSC shall retain full legal and equitable title in all crockery, cutlery and furniture supplied for the event. Risk in such Goods shall pass to the Customer upon delivery to the event location and shall continue until those items are in the control of HSC.
HSC reserves the right to enter onto the Consumer’s premises or upon any third parties’ premises without notice where such Goods are located to take possession of such Goods and HSC shall not be responsible nor liable in any manner whatsoever for any damage caused or any loss that results from such action. The Customer hereby grants HSC an irrevocable licence to enter upon the applicable premises and to repossess such Goods in the event of any default by the Customer under these terms. Delays in the return of such goods may incur additional costs to the customer at the standard rates noted in the provided quote. Such goods may be left in a predetermined location that is easily accessible to HSC but secure.
Replacement costs of any broken, damaged or missing items will be the responsibility of the customer.
4. Limitation of Liability
HSC limits its liability to the price of any defective Goods or to require it to replace any defective Goods or limits its liability to the actual loss or damage suffered by the Customer as a result of the defective Goods whichever shall be the lower.
No liability shall be assumed by HSC for losses of profits, losses of revenue, losses of business opportunity, losses of anticipated savings, losses of wasted overheads and damage to goodwill including any indirect or consequential losses or damages.
Where relevant and where any inconsistency exists between the provisions of these conditions and the provisions of the Consumer Guarantees Act 1993, the provisions of the said Act shall apply including the exclusion where the Customer acquires the Goods for the purposes of business, in which case it agrees and acknowledges that it is not a “consumer” defined by the said Act and that the guarantees and rights available to it under the said Act including the right to consequential losses are expressly excluded pursuant to section 43(2) of the said Act.
The Customer shall ensure that its terms of sale (If applicable) require purchasers of Goods to comply with and be bound to the applicable clauses of these terms and the Customer indemnifies for any losses incurred as a result of its omission to do so.
Upon acceptance of the quote referred to in 1. above, the Customer shall pay HSC a deposit equivalent to not less than 30% of the quoted figure. The balance outstanding (including any additional Goods requested at the event by the Customer and charges for loss or damage to crockery, cutlery and event furniture) shall be paid in full and without deduction or setoff within 7 days from the date of invoice. All payments from the Customer to HSC shall be in the form of cleared funds by way of cash, bank cheque, eftpos, direct credit or credit card.
HSC reserves the right to charge interest on overdue accounts at the rate of 2.5% per month on the balance outstanding from the date payment was due until payment is received. The right to charge interest is without prejudice to HSC‘s other rights in respect of non or late payment.
HSC further reserves the right to recover from the Customer all costs and/or expenses incurred in the repossession of Goods or instructing a solicitor or debt collection agency to recover any amount overdue for payment and such costs and expenses shall also bear interest as provided for above.
In the event that the Customer gives notice to HSC of the cancellation of the event at least 15 days prior to the event then the deposit shall be refunded to the Customer less any costs already incurred (including but not limited to client meetings, menu preparation, tasting, hireage, staff and venue costs).
In the event that the said notice is given to HSC 14 days or less prior to the event then the deposit is non refundable. Any costs incurred (including but not limited to client meetings, menu preparation, tasting, hireage, staff and venue costs) over and above the value of the deposit are the responsibility of the customer and these will be invoiced for payment by the customer.
Where a deposit has not been paid, the above terms still apply and applicable costs will be invoiced to the customer.
7. Collection of Information
The Customer noting the requirements under the Privacy Act 1993 acknowledges, authorises and directs that HSC can seek and obtain from and supply any information concerning the credit or business standing of the Customer to any other trader, merchant, firm organisation, company or other agency or source whatever including any credit agency or association and directs any such person entity to supply and receive and record such information to and from HSC.
8. General Terms / Definitions
In the case of any conflict between these terms or any other document provided by HSC, these conditions shall prevail.
These terms shall not be modified or varied unless expressed in writing and agreed to by HSC and the Customer.
Where HSC fails to enforce any term or fails in any way to exercise its rights under these terms, HSC shall not be deemed to have waived those rights with respect to any breach or subsequent breach of any term/s.
If any of these terms are held to be invalid or unenforceable for whatever reason, the remaining terms shall remain in full force and effect.
The Customer by making an order or offer for the Goods does so on the basis that the Customer has read, understood and agrees to be bound by these terms.
Should the Customer have any queries regarding these terms it should seek independent legal advice before confirming HSC’s estimate or quote.
The expression “Customer” in these terms means the entity confirming HSC’s estimate or quote and, where an order has been placed with HSC.
The expression “HSC” in these terms means its agents, successors and permitted assigns.
HSC may vary these terms at any time in its sole discretion, provided that:
(a) such amended terms will not affect prior agreed orders; and
(b) if the Customer does not agree with a variation the Customer may cease placing further orders.
Any notice to be given pursuant to these terms shall be in writing addressed to the party to whom it is to be given and may be served personally or sent by pre-paid registered post to the last known address of such party or such other address as that party may from time to time notify to the other and shall be deemed to be served on the day personally served or on the second day after it is posted.
Thank you for reviewing these terms.
We appreciate your business and look forward to your event.