Terms and Conditions

THE FOOD COMPANY LIMITED

(trading as “Precinct Catering”)

DELIVERY

1.1 A delivery charge of $20 excluding GST applies to regular orders within the Dunedin city urban limits. Delivery charges outside the Dunedin city urban area and for irregular orders will be as invoiced.

1.2 We will undertake to use all reasonable endeavours to deliver the Goods to the Customer’s nominated delivery address within the specified timeframe. If We fail to deliver the Goods within the time specified, or a reasonable time thereafter, the Customer shall not have any right of repudiation or rejection in respect of any other order.

1.3 Unless advice is received in writing within 24 hours of delivery all Goods are deemed to have arrived in sufficient quantity and quality.

TITLE AND RISK

2.1 Risk in all Goods passes to you when delivery of the Goods is taken by, or in control of, the Customer or the Customer’s agent.

2.2 We shall retain full legal and equitable title in all non-disposable crockery, cutlery, boxes, platters, serve-ware and furniture supplied to the Customer. Risk in such items shall pass to the Customer upon delivery to the specified location and shall continue until those items are back in Our control.

2.3 We reserve the right to enter onto the Customer’s premises or upon any third parties’ premises without notice where such items are located to take possession of such items and We shall not be responsible nor liable for any damage caused or any loss that results from such action.

2.4 The Customer grants Us an irrevocable licence to enter upon the applicable premises to repossess such items in the event of any default by the Customer under these terms. Delays in the return of such items may incur additional costs to the Customer.

2.5 Replacement costs of any broken, damaged or missing items will be the responsibility of the Customer. Payment for replacement costs must be made within 7 days of the date of invoice.

PRICE

3.1 All prices are plus GST and any other taxes and duties, which shall be paid by you.

3.2 Our prices are subject to change without notice.

3.3 Unless We agree otherwise in writing, the amount you will be charged will be the price as at the date of delivery.

3.4 If We provide a quotation to you, it is based on information available to Us at that time and We may charge you more than the amount quoted if Our costs (eg the amount we pay for the Goods or any part of them or the cost of transport, tax, or other costs) or the specifications change. Unless otherwise agreed in writing, prices are quoted exclusive of GST.

PAYMENT

4.1 Unless We have agreed otherwise, payment must be made within 7 days of the date of invoice.

4.2 All payments shall be made without set-off or deduction and must be paid as cleared funds by way of cheque, cash or deposit in to the following bank account:

The Food Company Limited 06 0901 0664533 00 or by credit card (Visa and Mastercard).

Payments by credit card will attract a surcharge to cover Our additional transaction costs. Payments by credit or debit card may be made online.

4.3 We may apportion payments to outstanding accounts as We see fit.

DEPOSITS

5.1 For larger functions we may require payment of a deposit of up to 30% of the value of the order at the time of booking, with the balance payable within 7 days of the date of invoice.

CANCELLATION

Cancellation where no deposit requested

6.1 In the event the Customer gives Us notice of cancellation of the order of Goods, for which a deposit has not been requested, 100% of the cost of the order will be payable by the Customer if the cancellation is within 72 hours of the delivery date. If the cancellation is more than 72 hours prior to the delivery date and the order is for Goods with a value of more than $1000 inclusive of GST the Customer will pay 100% of the costs already incurred by Us including but not limited to client meetings, menu preparation, food ordering and preparation, hire costs and staff.

Functions and cancellations where deposit requested

6.2 In the event the Customer gives Us notice of cancellation of a function, or order of Goods for which a deposit has been requested, the deposit shall be forfeited and any costs incurred by Us in relation to the function or order of Goods above the value of the deposit shall be payable by the Customer within 7 days of invoice.

6.3 Where a deposit has been requested but has not been paid clause 6.2 shall still apply and all costs will be invoiced to the Customer.

6.5 All notices cancelling an order under clause 6 must be in writing in accordance with clause 10.2.

7.1 All menus are subject to change depending on availability.

7.2 We can tailor Our menu to suit most dietary requirements, if catering orders are confirmed within reasonable timeframes (at least 48 hours before delivery).

7.3 We do not operate a nut or gluten free kitchen and cannot guarantee the total exclusion of any ingredient.

7.4 Food is to be consumed within 90 minutes of delivery for food safety reasons. If you need to store food longer than this you must follow any specific instructions We give you in relation to the storage, handling and consumption of food We supply.

DEFAULT

8.1 You will be in Default if:

you fail to pay an amount due under these Terms by the due date for payment; or

you commit a breach of any of your other obligations under these Terms; or

you become insolvent, are wound up, have a receiver appointed, enter into any composition or arrangement with your creditors, do any act which would render you liable to