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1. Orders and Pricing

1.1 You may make an order with us for the provision of catering services ("Services") by telephone or in writing ("Order").

1.2 An Order will be accepted by us when we forward you a confirmation detailing the itemised order and the catering fee ("Fee") and attach these Terms and Conditions. We reserve the right to accept or reject an Order for any reason.

1.3 Our Fee is given according to prices at the time. Due to product availability, quality and unforeseen market price fluctuations, prices are subject to change without notice. Any additional charges incurred for the Order due to price changes will be included in our Tax Invoice.

1.4 Any additional guests added after the time of final invoice being issued 4 weeks prior to event will be charged at the appropriate rate.

1.5 The Fee and all menu pricing are inclusive of GST

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2. Payment

2.1 We reserve the right to require a deposit of 25% of the quoted amount to secure an Order (“Deposit”). Unless agreed in writing with us otherwise, you must pay the Deposit within 7 days of us advising you of the Requirement for a Deposit. Of this Deposit, $500 is allocated as a non-refundable booking fee.

2.2 We will issue a tax invoice to you for the Fee ("Tax Invoice"). Unless agreed in writing with us otherwise, you must pay our Tax Invoice no later than 21 days prior to the event.

2.3 We reserve the right to cancel an Order or charge you an administration fee in the event our Tax Invoice is not paid in accordance with our payment terms.

2.4 Payments may be made either by cash, cheque made out to Feast Catering Newcastle or EFT in accordance with the details on our Tax Invoice.

2.5 In the event that we incur any further costs, expenses or disbursements in recovering any debt due by you to us, then you agree to reimburse such costs, expenses and disbursements to us.

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3. Menu

3.1 All our menus are seasonal and subject to the availability of produce. We reserve the right to vary our menus at any time without notice to you.

3.2 We reserve the right to charge additional fees for variations to our menu to meet special dietary requirements.

3.3 While we take every effort to meet any special dietary requirements, we do not accept any liability for contaminants or trace elements within our products.

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4. Travel Fees

4.1 For any Event further than 1 hour from our kitchen in Mayfield West travel fees will be charged for each staff member (including chefs) travelling to and from event location. Rates are charged at $45 per hour per staff member.

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5. Cancellation by You

5.1 If you wish to cancel your Order you must confirm the cancellation in writing to us. 5.2 If you cancel your Order less than the following applicable deadlines; 3 months or less before day of event, you will incur a cancellation fee of 100% of the Fee ("Cancellation Fee"). Between 5 months and 3 months before day of event 50% of the Fee. Between 6 months and 5 months before the day of event 25% of the Fee. 5.3 We reserve the right to waive any applicable Cancellation Fee at our absolute discretion.

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6. Cancellation by Us

6.1 We reserve the right to cancel any Order if final details have not been provided in time frame noted or payment no received by time agreed to and outline in 2.2. 6.2 We reserve the right to cancel at any time, without notice to you, if for extreme circumstances beyond our control we are unable to provide and deliver the Order. 6.2 In these circumstances, we will return any deposit or Fee paid in respect to the Order less any costs we have reasonably incurred.

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7. Equipment Hire

7.1 If you wish to hire our equipment ("Equipment") in relation to an order, a hire fee will be charged in addition to the fee.

7.2 The equipment will at all times remain our property. You have no legal or equitable interes in the equipment or any part thereof.

7.3 You will be held responsible for any damaged or missing equipment and you will be liable to us and will indemnify us for the cost and expenses of the repair or replacment of any lost, stolen or damaged equipment.

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8. Staff Hire

8.1 If you require our staff to service an event in which you have placed an order, such as kitchen preparation, waitstaff or beverage attendants a staff fee will be charged in addition to the fee.

8.2 If staff are required to provide service for hours longer than agreed upon at time of final invoice being issued and paid and not due to any fault of our own you will be liable to pay for the extended hours serviced.

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9. RELEASE AND INDEMNITY
9.1 Notwithstanding any other provision of this Agreement, and to the extent permitted by law, you agree to release us and not hold us liable in any circumstances for any:
(a) indirect, consequential, incidental, special, or exemplary damages, expenses, losses, or liabilities; or
(b) loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of opportunity or expectation of loss, or loss of production,
which may be suffered or incurred by you in respect of the Order.

9.2 You agree that the liability of us in respect of the Order will be limited, to the extent permitted by statute, to the Fee payable by you, to the extent that the liability is incurred under, in relation to, or in connection with this Agreement.

9.3 You shall indemnify, defend, and hold us harmless for and against all claims, liabilities, suits, actions, and expenses, including costs of litigation and reasonable legal costs, incurred by you arising directly or indirectly out of:
(a) loss of or damage to property;
(b) claims by persons in respect of personal injury or death;
(c) any inaccurate or misleading information; or
(d) any breach of this Agreement,
to the extent the loss, damage, injury, or death was caused by an act or omission by you.

9.4 You agree to cooperate with us (at your own expense) in the handling of disputes, complaints, investigations, or litigation that arise as a result of the Order or your use of our Services. This clause will survive termination of this Agreement.

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10. GENERAL
10.1 This Agreement is governed by and must be construed according to the laws from time to time in force in New South Wales. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.

10.2 This Agreement may only be varied in writing signed by both parties.

10.3 This Agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes any prior agreement of the parties.

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11. POSTPONEMENT
11.1 If you wish to postpone your date for any reason, we require 50% of the current invoice to be paid as a postponement deposit.

11.2 Restrictions on postponement dates apply to Saturday dates during peak months being March, April, May, September, October, November, and December.

11.3 Final payment will be required 3 weeks prior to the postponement date, at which stage any changes incurring additional fees in relation to guest numbers increasing, hired items, and staffing requirements will be applied.

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12. ACCEPTANCE
12.1 You may accept this Agreement by either:
(a) continuing to engage our services in relation to the Order after receipt of these Terms and Conditions; or
(b) orally confirming acceptance; or
(c) sending us written confirmation to that effect.

12.2 I have read, fully understand, and accept this Agreement and hereby confirm my Order in accordance with the confirmation provided to me/us by you.

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