These Terms and Conditions apply to the supply of all Goods and/or Services the company Rockwall Catering Sydney Pty Ltd ("Rockwall") trading as Rockwall Catering and/or Hunter Gatherer Catering & Events and do not bind Rockwall in any manner whatsoever.
In these Terms and Conditions:
- "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- "Completion" means the completion of the Order, but does not include the provision of Client content unless otherwise specifically stated in the Quotation and/or Proposal.
- "Client" means any person, corporation or other legal entity who orders and is supplied Goods and/or Services by Rockwall.
- "Goods and/or Services" includes all goods and/or services supplied by Rockwall to the Client
- "Invoice" means a tax invoice for Goods and/or Services supplied by Rockwall to the Client.
- "Order" means the Goods and/or Services to be supplied by Rockwall as detailed in an Order confirmation and/or Estimate/Quotation issued by Rockwall to the Client (and including any agreed variation to such Quotation and/or Proposal).
- "Proposal" means a written proposal for the supply of Goods and/or Services and completion of Project issued by Rockwall to the Client and which includes a Quotation.
- "Quotation" means a written quotation for the costs of supplying the Goods and/or Services (including material, labour and other applicable costs) issued by Rockwall to the Client.
- "Rockwall" means Rockwall Catering Group and/or Rockwall Catering Sydney Pty Ltd who undertakes supplies the Goods and/or Services.
- "Terms and Conditions" means these terms and conditions which are applicable to the supply of the Goods and/or Services by Rockwall to the Client.
1. Quotations and Order Confirmation and creation of the contract
1.1 No contract shall arise between Rockwall and the Client unless and until the following occurs:
- Rockwall has provided a Quotation and/or Order confirmation to the Client based on the brief and or instructions provided by the Client; and
- The Client accepts the Quotation prior to its expiration date or issued with an Order Confirmation. Once an Order Confirmation is issued, this is deemed as instruction from the Client for Rockwall to proceed with the Order as outlined per details within the Order Confirmation. Rockwall at its discretion may request prior to any expiration date specified in the Proposal, or Order Confirmation a payment deposit and this will be communicated to the Client if so required via email communication;
1.2 Quotes are valid for a period of 14 days from their date of issue. Quotes will be deemed accepted upon the Client placing an order and/or instructing Rockwall to proceed with the Order.
1.3 Prices included in Quotations and Proposals are based on Rockwall's current cost of production, (food, beverages, materials, labour, logistics etc.). If between the date of the Quotation and/or Proposal and the date of Completion of the Order, the price of any component such as labour or materials increases, Rockwall reserves the right to vary the costs payable for the Order to reasonably reflect such increased costs. Rockwall will advise the Client of any such proposed increase and the Client will have the right to terminate (by notice in writing to Rockwall) the Order, subject to payment of all costs for work performed by Rockwall up to the date of such termination.
2. 3rd Party arrangements
2.1 If the Client contracts Rockwall on behalf of any other person i.e. other than for the Client personally, the Client warrants that they are authorised to enter into a contract on behalf of such person and that the Client will be liable for all costs irrespective of whether or not the details of such other person are disclosed to Rockwall.
2.2 If Rockwall is contracted to work on an Order for a Client of the Client, Rockwall will have no duty or responsibility to such Client and will not be contractually bound to such Client.
2.3 The Client agrees to indemnify Rockwall against any claim (of any nature) by any Client of the Client, which arises as a direct or indirect consequence of the Client's use, or inability or unwillingness to use, the goods delivered by Rockwall to the Client.
3. Process and the Client brief and instructions
3.1 Rockwall prides itself on the food it provides, the manner in which it is delivered and the service standards we instil in our staff. Fundamental to this process is the completeness of scope of the Client's brief. To be able to provide Goods and/or Services and to deliver an Order on time and within the parameters of a Quotation and/or Proposal, all supporting documentation and information must be provided to Rockwall before the issue of any Proposal and before Rockwall commences work.
3.2 Rockwall shall only be required to fulfil the instructions specified in the Quotation and/or Proposal. Rockwall shall not be responsible for errors or omissions in the Client's instructions or verbal instructions.
3.3 On the valid acceptance of a Proposal, Rockwall will, where applicable, confirm the proposed process, timeline and delivery for the Order.
4. Costs and Fees
4.1 All prices are based on work specified in the Quotations and/or Proposals and/or Order and/or further instructions given by the Client.
4.2 The Client will be liable for any goods and services tax payable on the supply of Goods and/or Services by Rockwall to the Client. Goods and services tax will be charged in addition to costs and fees and will be itemised in the Invoices.
4.3 While all attempts are made to maintain published prices, they may be subject to change without notice. All menus are seasonal and are subject to availability of produce and we reserve the right to vary the menu at any time. If this occurs the client will be informed prior to the event and a substitute will be offered to equal or greater value. Minimum charges and group numbers apply to all of our menus. Prices quoted exclude GST unless otherwise specified.
4.4 Functions & events held at a Rockwall venue on Sunday or public holidays incur a 10% additional charge on the final price. No venue hire is payable during our regular trading hours, however events outside these incur a $500 venue hire fee.
5. Payment Terms
5.1 All Invoices will be payable on execution of the order unless prior credit arrangements have been agreed with Rockwall.
5.2 Any credit arrangements will be required to be approved by Rockwall. Any credit provided to a Client must be paid in full within 7 days from the date of the Invoice unless otherwise agreed.
5.3 Any deposit specified in a quotation, must be paid by the Client on the date of acceptance of the quotation. The amount of deposit will vary with the Goods and/or Services to be provided.
5.4 Any deposit amount required will reflect Rockwall's reasonable estimate of costs incurred to the date prior to the due date of payment of the deposit and is non-refundable.
5.5 Rockwall will issue an Invoice at Completion of the Order rendered for the price specified in the Quotation and/or Proposal plus any additional charges referred to in these Terms and Conditions or as agreed
5.6 For an event held at a Rockwall venue, we will require a 20% deposit of the total quoted price, payable at the time to secure the event date. Your booking cannot be guaranteed without this deposit. A final invoice will be issued three days prior to the event; at this point, we will require confirmation of guests attending and full payment of balance. From this point onwards, we will do our best to accommodate an increase in guests, however, are unable to accept a decrease in numbers
6. Amendments and Cancellations
6.1 Should the Client wish to make an amendment to an Order Confirmation or cancel the Order; this may only be done so in writing via email to firstname.lastname@example.org . Acceptance of Rockwall agreeing to any proposed amendment/s or cancellation request will be communicated to the Client via email. The Client should not assume accepted unless email confirmation is received. For hot food and orders for 20 or more, we would appreciate 48 business hours notice. If you cancel your order with less than 24 business hours notice we most likely will have to charge you (we will do our best not to). For all other catering you may cancel up to 24 business hours before your order is due to be delivered (once again more notice the better)
6.2 For an event held at a Rockwall venue, any cancellation made within 7 days prior to the event will require full payment of the quoted price. In the instance of us cancelling your event a full refund will apply
7. Late or Non-Payment
7.1 If an Invoice is not paid when due, Rockwall may cease any further work with the Client until all outstanding Invoice/s have been paid.
7.2 Rockwall may at its option charge interest on amounts not paid when due. Such interest will be calculated on a daily basis from the date any such amount should have been paid until the date of payment. Such interest will be payable at a rate equal to that charged by the Commonwealth Bank of Australia. Such charge represents Rockwall's genuine assessment of the liquidated damages, which Rockwall will suffer as a result of the Client's delay in making payment.
7.3 The Client must pay to Rockwall any costs, expenses or losses incurred by Rockwall as a result of the Client's failure to pay Rockwall all sums outstanding from the Client to Rockwall (including without limitation all debt collection and legal costs (on an indemnity basis) which are incurred by Rockwall in recovering monies due by the Client to Rockwall.
8.1 Rockwall shall notify the Client when the Goods and/or Services have been completed by way of electronic invoice emailed at the time of delivery.
8.2. If Rockwall agrees to deliver the Goods and/or Services, the Client shall bear all freight any charges of such delivery as noted on the order confirmation.
8.3 Rockwall will use its best endeavours to deliver the correct goods and services at the specified time requested, however, due to limitations, unforeseen issues and unpredictable traffic conditions, the order maybe delivered within a 1-2 hour window.
9.1 Due to the goods being supplied can be perishable goods, the Client must inspect Goods and/or Services supplied by Rockwall at the time of delivery and accept or reject the goods. Any claims after this point against Rockwall must be reported immediately so that goods may be collected for inspection.
10. Responsible Service of Alcohol
10.1 Rockwall has a responsible service of alcohol policy. It is illegal to serve alcoholic beverages to any person who is considered to be intoxicated or who will be driving a vehicle, and as such we reserve the right to refuse service to such a person or request them to depart the premises. It is illegal to serve alcohol to persons under the age of eighteen years and we reserve the right to request suitable identification.
11.1 To the fullest extent permitted by law, except as provided herein or under the Australian Consumer Law, Rockwall shall not be liable to the Client in contract or tort for any loss or damage or for consequential loss or damage of any kind (including but not limited to increased costs or expenses, any loss of profit, revenue, business, contracts or anticipated savings, any loss or expenses resulting from a claim by a third party or any other special, indirect or consequential loss or damage of any nature whatsoever) arising out of the supply of the Goods and/or Services, or arising out of Rockwall's negligence, or caused by Rockwall's failure to complete or delay in completing the Order or to deliver Goods and/or Services or in any way whatsoever.
11.2 Except as otherwise provided in the Australian Consumer Law, any advice, recommendation, information, assistance or service given by Rockwall in relation to the Goods and/or Services provided by Rockwall or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability. Rockwall does not accept any liability or responsibility for any loss suffered as a result of the Client's reliance on such advice, recommendation, information, assistance or service.
11.3 Rockwall acknowledges liability for the guarantees in relation to the supply of Goods and/or Services prescribed by the Australian Consumer Law provided that to the extent permitted by the Australian Consumer Law, the liability for any failure to comply with such guarantees is hereby limited to:
(1) In the case of Goods, any one or more of the following:
(a) The replacement of the Goods or the supply of equivalent goods;
(b) The payment of the cost of replacing the Goods or of acquiring equivalent goods; or
(c) The payment of the cost of having the Goods replaced; or
(2) In the case of Services:
(a) The supplying of the Services again; or
(b) The payment of the cost of having the Services supplied again.
11.4 Except as otherwise provided in the Australian Consumer Law, Rockwall will not be liable to the Client for loss, howsoever caused, of any Client property supplied to Rockwall or for any damage, loss or destruction of any Client property unless the loss or damage has been caused by the failure of Rockwall to exercise due care and skill in handling or storing such property.
11.5 Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Rockwall are expressly excluded (unless such warranties cannot at law be excluded).
12. Expedited Completion of Order
12.1 The Client acknowledges that a requirement for the urgent completion of an Order increases the likelihood of defects. Rockwall will use reasonable efforts to avoid defects but will not be liable for defects arising because of urgent completion of an Order.
13. Third Party Contractors
13.1 Rockwall may as agent for the Client directly or indirectly engage the services of another contractor ("Third Party Contractor") to carry out all or part of the Order. Rockwall shall pay the charges of Third Party Contractors on the Client's behalf, and this will be invoiced as part of the invoiced services.
13.2 Rockwall will take all reasonable care in selecting and instructing a Third-Party Contractor. While reasonable care will be taken, Rockwall has no control over the activities of a Third-Party Contractor and therefore, except as otherwise provided in the Australian Consumer Law, accepts no responsibility for the services provided to the Client by any such Third-Party Contractor or for any errors or omissions in its services or products. Any claim by the Client in relation to such services must be made directly against the Third-Party Contractor.
14. Goods and/or Services from Third Party Suppliers
14.1 If Rockwall must obtain goods (including stock, staffing personnel, equipment hire etc.) and/or services not normally stocked or supplied by Rockwall from a third party to carry out the Client's instructions:
- Rockwall will not be liable for any breach of these Terms and Conditions if that breach is a result of or is connected with the supply by the third party of such goods and/or services.
- Rockwall acquires these goods and/or services as agent for the Client and not as principal. Rockwall will have no liability to the Client in relation to the supply of those goods and/or services. Any claim by the Client in relation to the supply of those goods and/or services must be made directly against the third-party supplier.
- Rockwall will pay the third party for the goods and/or services on the Client's behalf.
15.1 The Client must keep confidential and must not (without Rockwall's written consent) use any ideas, systems or processes, intellectual property communicated or made available by Rockwall to the Client. Similarly, Rockwall agrees to maintain the confidentiality of the Client in all confidential information supplied by the Client to Rockwall for the purpose of the Order.
16. Risk, Property & Equipment Damage
16.1 The risk in the Goods and/or Services passes to the Client at the time of delivery if Rockwall delivers the Goods and/or Services to the Client's premises or the Client collects the Goods and/or Services from Rockwall 's premises.
16.2 Rockwall shall not be liable for insurance, freight or loss or damage to Goods and/or Services in transit incurred in delivery or which have been left at Rockwall 's premises.
16.3 Rockwall has no obligation to insure any property of the Client in Rockwall 's possession. The Client must pay the cost of any insurance arranged by Rockwall at the request of the Client.
16.4 Any breakages, loss or damage caused to Rockwall property and/or equipment, through no fault of ours will be charged to your account per item. For offsite functions, all goods are to be cleaned and returned by the due date or additional charges will apply. All items delivered are subject to a delivery charge based on the distance of locations.
17. Force Majeure
17.1 Rockwall will not be liable for any loss, damage or expense suffered or incurred by the Client where such loss is occasioned by any cause beyond Rockwall's reasonable control, including and without limiting the generality of the foregoing, by war, insurrection, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
18. Immediate Termination
18.1 In the event that:
- the Client becomes insolvent (within the meaning of the Corporations Act 2001) or makes any voluntary arrangement with its creditors, or
- a petition is presented or a resolution is passed to wind up the Client (other than for the purposes of reconstruction or amalgamation as a solvent company), or
- a receiver or other external administrator is appointed over the whole or any part of the assets of the Client, or
- the Client shall otherwise cease trading, or
- any distress, writ of execution or other process is levied or enforced against any property of the Client;
Then in any such event Rockwall shall (without prejudice to any other right or remedy available to it) be entitled to terminate or cancel any contract between itself and the Client or suspend any further deliveries of the Orders or Goods and/or Services without any liability to the Client and if any materials or Goods and/or Services have been delivered or supplied but not paid for, the price of such materials and Goods and/or Services shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.
19. Changes to Terms and Conditions
19.1 These Terms and Conditions may be amended at any time without notice to the Client. The Terms and Conditions, which apply to any Order, will be those current at the date of the Quotation and/or Proposal.
20. No Waiver
20.1 A power or right is not waived solely because the party entitled to exercise that power or right does not do so. A single exercise of a power or right will not preclude any other or future exercise of that power or right or of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
21.1 Any provisions in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
22. Governing Law and Jurisdiction
22.1 These Terms and Conditions are governed in law in force in the State New South Wales, which Rockwall's premises are located and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts, which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.