Olive and Thyme Catering Terms & Conditions
When you retain our Services, these Terms and Conditions apply. The payment by any person of any fees and charges for our Services shall be deemed to be an acknowledgment and acceptance of our terms and conditions. Definitions We act for the person or entity as described as the “client” in our Quotation. These Terms refer to the client as “you”. Other definitions used in these Terms are as follows:“ACL” means the Australian Consumer Law.“Quotation” means quotation provided to you that outlines the scope of services we discuss with you to suit your needs. “Services” means the catering services provided to you by Us and contained in Quotation provided to you together with these Terms.“Terms” refers to these Terms and Conditions.“we” or “us” or refers to Olive and Thyme Catering Pty Ltd (ABN 88 630 364 457). You confirm that you, and any other nominated person you advise us about in writing, are authorised to give us instructions, place an order for Services and provide directions to us on behalf of all persons, including any incorporated entity, that we are providing Services to and that each such person is jointly and severally liable to pay our invoices. Client responsibilities You must provide Us with all information necessary for providing the Services, including information which we reasonably request, in sufficient time to enable our Services to be completed by any applicable deadline and at your nominated location. We will rely on the information you provide being true, current, accurate and complete and will not be obliged to audit or make enquiries about the information. We will not be held liable for any delays or deficiencies in the Services if you give us incorrect or inaccurate instructions or information. You, and where applicable your company officers, jointly and severally agree to unconditionally indemnify us in respect of any costs, losses, expenses, damages, liabilities or penalties arising as a result of our reliance upon or use of any information provided by you to us.You agree to keep us informed of any changes in your circumstances and information you provide to us, upon becoming aware of same, that may affect our ability to provide the Services. Acceptance of our Quotation and Terms Quotations are valid for 7 days. If you change the scope of your requirements, we reserve the right to revise our Quotation and re-issue a new Quotation.If you pay a deposit after you receive our Quotation and a copy of these Terms, you are deemed to have read, understood, and accepted these Terms, even if you do not sign and return the Quotation or send confirmation of your acceptance of the Quotation to us in writing.The documents comprising the binding agreement between you and us, must be read in the following order of precedence:these Terms;the Quotation; andany correspondence in writing from us which confirms any amendments to these Terms or any changes to our Quotation or Services pursuant to these Terms. (“Agreement”).Where any conflict occurs between the provisions of any two or more of the documents referred to in clause 3(c), the documents lower in the order of the above list prevail to the extent of any inconsistency to the documents higher in the above list.Upon your acceptance of our quotation in these terms in accordance with (b) above, and payment by you of the required deposit, your request for Services will be deemed to be confirmed. Your failure to accept our Terms and pay a deposit may result in our cancellation of the Services.ServicesWe may provide you with a Quotation for Services or other written confirmation in writing, including via email, to you outlining the nature and scope of services to be provided by us to you. Where you provide us with verbal instructions, we will require you to confirm those instructions in writing and remit any applicable deposit before we proceed to provide any Services to you.We may provide recommendations for you to retain services from other third-party professionals for your event. You acknowledge and agree that you are solely responsible for ensuring that any third party is appropriate for your needs and your event circumstances. Any suggested recommendations made by us are not binding and any election by you to engage a third party is made entirely in your discretion and at your own risk and:You agree that you will independently retain any third party referred to you by us in accordance with their own requirements and engagement protocols;You are solely responsible for the payment of any fees to third party, unless otherwise expressly agreed by us in writing.We do not partially cater any event (service of alcohol excepted) unless we specifically agree to do so in writing. You must inform us if you intend to supply food for your event that are home-made or from another third-party provider.You must advise us of any dietary requirements of your guests when placing your order for Services. We will use our best efforts to accommodate the dietary requirements of your guests, however our kitchen and equipment may contain traces of nuts, egg, dairy, gluten and other allergens. Although all care is taken by us to ensure these items are contained and no cross contamination occurs, we cannot guarantee all products we supply will be 100% allergen free. We will not accept responsibility or liability for an adverse reaction to our any of our food by any guest, subject to the proven negligence of our personnel. You are responsible for informing any of your guests who have serious food allergies, including anaphylaxis or other similar medical conditions, to bring their own allergen free food to your event.We will not be liable for and you indemnify us against any liability, losses, costs, damages and actions whatsoever arising from:the consumption of any food item not supplied by us at your event;the handling of food supplied by us by persons other than our staff at and for the duration of your event;the handling and storage of food supplied by us contrary to our instructions;any injury sustained by any person at your event. All productis must be consumed within a three hour time frame. After the three hour timeframe we do not take any responibility and Consumption is at your own risk. Confirmation of ServicesMenus, final numbers and dietary requirements must be confirmed 7 days prior to the event. If the final numbers decrease after confirmation is received, you will be charged at your confirmed numbers.An increase in numbers will result in additional charges. You will be notified of any additional charges within 48 hours of confirming your numbers. Delivery only orders must be confirmed 7 days prior to delivery. Payment is required prior to or on the day of delivery. Payment Terms Unless otherwise specified on our invoice, a 50% deposit payment is due within three (3) business days of a Quotation being provided by us.Payments can be made by cash, AMEX, Mastercard and Visa credit cards (credit card surcharges will apply) debit card or electronic funds transfer, as indicated in our Quotation. We reserve the right to hold your credit card details as security for payment. You authorise us to charge your card for the balance due on the date of your event. If payment cannot be made due to insufficient funds or any other reason, we reserve the right not to complete delivery or set up until full payment is processed, without any liability to you.If you have any objection to the content of our invoice, you must raise these objections with us as soon as possible after receiving our invoice, and in any event no later than three (3) business days of receipt of our invoice to ensure timely resolution of any queries prior to the delivery of Services to you. All our pricing is inclusive of GST, unless otherwise specified.Unless otherwise agreed in writing, or as set out in our Quotation, our fees do not include any out-of-pocket expenses incurred on your behalf. All out of pocket expenses are payable in addition to our fees pursuant to our invoice payment terms. We will provide you with notice of any anticipated out of pocket expenses and will seek your prior consent before incurring these costs on your behalf. Where out of pocket expenses exceed $200.00, we may require you to directly pay these expenses up front. without our prior written agreement. If you are a pre-approved corporate client (ABN applicable) full payment of the balance is due within 7 days after your event date, unless otherwise agreed in writing. The balance will be invoiced upon confirmation of guest numbers seven (7) days prior to the event and full payment is required prior to the event date, unless otherwise agreed by us in advance in writing. Any additional charges will be invoiced after the event.We may suspend or cease our Services upon written notice without any liability to you if payment of any amount is delayed. Delivery Our pricing includes delivery to your nominated venue, all vehicles and staff to set required to set up your catering and serve, where applicable, between7.00am and 5.30pm Monday to Friday.Any delivery time is indicative only. Every effort will be made to meet your delivery time, subject to traffic conditions, accuracy of address, access to premises and other matters that may impact our timing that are out of our control. We will contact you upon becoming aware of any delays that impact the timing of a delivery by us. We are not liable for any delivery delays, and you indemnify us from all losses and liability arising from any delays.Delivery, serving, and collections required outside of the above hours or on public holidays will be subject to additional charges. You must ensure that we have clear and safe access to your nominated venue, including driveway and trolley access, kitchen, and service area facilities. We will not be liable for any failure to deliver our Services where clear and safe access to your venue and its facilities is not made available.Delivery, serving and collections charges will be included in our Quotation. Cancellation All cancellations must be communicated to us in writing. If cancellation occurs more than 30 days prior to your event, 100% of your deposit will be refunded in full. If cancellation occurs 7-30 days prior to your event, 50% of your deposit will be refunded. You will be given the option to use the 50% of your forfeited deposit as a credit to re-book our Services for another date within 24 months of the date of the cancelled event.Cancellations received less than 7 days prior to your event will result in 100% of your deposit being forfeited. Where any part of a forfeited deposit does not cover our losses arising from your cancellation, we will invoice you for all costs incurred by us, including perishable food and stock purchased for your event, over and above the value of your deposit.Subject to and in addition to above sub-clauses (a) to (e) above, where you notify us in writing that you wish to cancel the Services, we will issue you an invoice for additional costs incurred by us, including but not limited to any out-of-pocket expenses;third-party deposits paid on your behalf and third party cancellation fees chargeable or incurred up to and including the date of cancellation; andall costs that have been incurred including but not limited to in relation to labour or other services related to the cancelled Services. (Cancellation Costs).You agree to pay all Cancellation Costs within 3 business days of receipt of our invoice.Force MajeureWhere circumstances beyond our control prevent us from fulfilling any obligations under these Terms or pursuant to an accepted Quotation, we will be released from this Agreement without penalty.In the event of cancellation of your event within 7 days prior to the event date due to occurrences outside of our control, your deposit will be converted to credit, subject to a reduction of any amounts to be deducted for produce or other perishables already purchased by us in anticipation of your event, that cannot be re-purposed. In the event of cancellation of your event on the scheduled date of the event to occurrences outside of our control, no refund will be provided, unless otherwise agreed by us in our discretion. Amendment of Pricing and Fees Prices may vary from time to time due to seasonal availability or suppler issues out of our control. We reserve the right to amend pricing accordingly and offer substitute for menu items of similar quality and category where items are not available on the date of your event. All reasonable efforts will be made to consult with you about any changes with as much notice as possible where changes are unavoidable. All pricing in our Quotation is based on current costs of produce or other ingredients. Where costs change between the date of our Quotation and the date of your event, we reserve the right to increase our prices accordingly and we will give you reasonable prior notice in writing. If you do not accept our amended or updated pricing or Terms you must promptly notify us to discuss any concerns. We reserve the right to terminate our Services without liability where an agreement cannot be reached. If the event brief falls below or outside our minimum numbers or package costing, we reserve the right to refuse to accept an order.Events finishing past midnight will incur a service charge, charged per hour or part thereof. If additional staff are requested additional charges may apply.Surcharges will apply for all events held on public holidays (15%), this surcharge is calculated on the total food and beverage spend.Our Quotation will outline our arrival times and departure times and if the event runs over time through no fault of Olive and Thyme Catering, we reserve the right to charge for additional costs that are incurred, including staffing fees. Staff fees are charged in hourly blocks or part thereof. Consumer Law We acknowledge that where the Australian Consumer Law applies, there are certain consumer guarantees that apply to our Services.Nothing in the Terms is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the supply of Services which cannot be so excluded, restricted or modified.Ownership of materials and bondWe own all items brought to your event for the set-up of grazing tables, including but not limited to stands, serving cutlery, baking dishes, bain marie food warming equipment, platters, and all other items to display, decorate and serve food provided by us, except for any disposable items or as otherwise expressly instructed by us. You are required to provide a credit card number and details to us for a pre-authorised bond amount of $500.00, which will be held until the conclusion of your event. The credit card supplied will only be charged for the cost of replacing damaged, lost, missing or stolen equipment, serving and decorative items that are left at your event by us for the purpose of presenting and serving all food provided by us to you. DefaultIf you fail to pay our invoice in accordance with clause 6, then we may, without prejudice to any other remedy available to us, and without any liability:cease or suspend the provision of the Services until all outstanding payments are received by us without any deduction or set off; charge you interest in the amount of ten percent (10%) per month or part of on any amount due for the period from the due date until the date of payment in full;charge you for, and you agree to indemnify us against, all costs and expenses (including without limitation all legal costs and expenses on a full indemnity basis) incurred by resulting from the default and in taking any action to enforce compliance with these Terms. We will not be liable, and you indemnify us against any loss suffered by you arising out of your failure to make timely payment for the Services or any delay or suspension of Services by us arising from any delay in payment by you. Limitation of liabilityTo the maximum extent permitted by law, you agree not to bring any claim against and you indemnify us and our officers against any liability arising from: indirect, special or consequential losses or damages suffered by you or any third party of any kind; or any loss or damage suffered by you or any third party arising from the Services, or the late delivery of the Services or cancellation or suspension of the Services by us;acts or omissions of any other person, including any third party provider, your event guests, circumstances outside our reasonable control or your breach of these Terms.WarrantyTo the maximum extent permitted by law:We make no express or implied warranties or representations in relation to the Services other than those expressly contained in these Terms and our Quotation.Our maximum liability under these Terms for any breaches of these Terms, any breach of warranty or any negligence will not exceed the total amount of payments made by you to us, and if you have not made any payments, then the maximum liability will be $10.00.Nothing in the Terms is to be interpreted as excluding, restricting, or modifying the application of any State or Federal legislation applicable to the supply of services which cannot be excluded, restricted or modified.TerminationSubject to clause 8, each of us may terminate this Agreement by giving not less than 30 days’ written notice to the other party.Termination by either party to this Agreement will not affect any accrued rights.We may terminate this Agreement without liability where you are in breach of any Terms, and you do not remedy that breach within 7 days from receiving written notice from us.Any deposit paid by you will be refunded in full where you notify us of termination of this Agreement no less than thirty (30) days prior to your event.Communication You must promptly advise us of any changes to your contact details. We may send any communications to the last contact details you provide to us. Unless you instruct us otherwise, we may, where appropriate, communicate with you and with third parties via telephone, email or by other electronic means. We are not responsible for any non-receipt, delayed receipt, inadvertent misdirection or interception by third parties in any form of communication from us, whether electronic, postal or otherwise. Applicable LawThese Terms will be governed by and construed in accordance with the laws in force in the State of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts in Victoria. SeverabilityIf a court or other competent authority determines that a word, phrase, sentence, paragraph, or clause of these Terms is unenforceable, illegal or void then it shall be deemed to be deleted and the other provisions of these Terms will remain in force. AssignmentYou may not assign, transfer or otherwise deal with any of your rights and obligations pursuant to these Terms without our prior written consent.Entire AgreementThe documents listed in clause 3(c), constitute the entire agreement between you and us in respect of the subject matter of this these Terms, and they supersede all prior discussions, undertakings and agreements unless otherwise subsequently confirmed in writing by both parties.WaiverFailure by us to enforce any of these Terms shall not be construed as a waiver of any rights.SeveranceIf any of the Terms are unenforceable it must be read down to be enforceable, otherwise the term must be severed from these Terms without affecting the enforceability of the remaining terms. Disputes and complaints If you have any concerns about our Services, please promptly contact us - on the day of the Event. Not after the Event. Neither you or us will commence any court proceedings (except proceedings seeking urgent interlocutory relief) in respect of a dispute arising out of these Terms or our Quotation or Services (dispute) unless we notifies each other of the nature of the dispute in writing and the action needed to resolve it.The parties will have 7 days to use their best efforts to resolve the dispute in good faith (Initial Period). If the parties are unable to resolve the dispute within the Initial Period, each party agrees that the dispute must be referred for mediation in accordance with the Mediation Rules of the Law Institute of Victoria. Mediation is to be held with a mediator agreed on by the parties, or, failing agreement within seven (7) days after the expiry of the Initial Period, a mediator nominated by the then current President of the Law Institute of Victoria. The role of any mediator is to assist in negotiating a resolution of the dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing. Each party to a dispute must bear its own costs of complying with this clause and the parties must bear equally the costs of any mediator and mediation venue engaged. Only where the parties fail to resolve the dispute after mediating in good faith in accordance with this clause may a party issue any legal proceedings. On Site Facilities The Client has to ensure that we , Olive and Thyme Catering, can carry out all the kitchen work ( cooking ) and set up work. (styling of food) We do not take any responsibility for smoke detectors that can cause alarm, calling fire brigade or activate water sprinklers. Any cost for activated systems including calling fire brigade and activated sprinkler systems will be the Client's cost. Also costs for cleaning up and other damage caused by sprinkler and other systems will be at Clients cost. Events at the Templestowe Fuction Centre We cater on behalf of the Templestowe Function Centre. We do not take any responsiblity for injuries, accidents, deaths that can happen in the Hall and around the Property. Any public liability claims are to be made to the Templestowe Function Centre - St Haralambos Church. Our menue prices include the Hall hire fee. We collect this fee on behaf of the Templestowe Function centre. The Templestowe Function Centre does not have a Bar. We will only serve Drinks that have been ordered by the Customer and are part of our Packages.
When you retain our Services, these Terms and Conditions apply. The payment by any person of any fees and charges for our Services shall be deemed to be an acknowledgment and acceptance of our terms and conditions. Definitions We act for the person or entity as described as the “client” in our Quotation. These Terms refer to the client as “you”. Other definitions used in these Terms are as follows:“ACL” means the Australian Consumer Law.“Quotation” means quotation provided to you that outlines the scope of services we discuss with you to suit your needs. “Services” means the catering services provided to you by Us and contained in Quotation provided to you together with these Terms.“Terms” refers to these Terms and Conditions.“we” or “us” or refers to Olive and Thyme Catering Pty Ltd (ABN 88 630 364 457). You confirm that you, and any other nominated person you advise us about in writing, are authorised to give us instructions, place an order for Services and provide directions to us on behalf of all persons, including any incorporated entity, that we are providing Services to and that each such person is jointly and severally liable to pay our invoices. Client responsibilities You must provide Us with all information necessary for providing the Services, including information which we reasonably request, in sufficient time to enable our Services to be completed by any applicable deadline and at your nominated location. We will rely on the information you provide being true, current, accurate and complete and will not be obliged to audit or make enquiries about the information. We will not be held liable for any delays or deficiencies in the Services if you give us incorrect or inaccurate instructions or information. You, and where applicable your company officers, jointly and severally agree to unconditionally indemnify us in respect of any costs, losses, expenses, damages, liabilities or penalties arising as a result of our reliance upon or use of any information provided by you to us.You agree to keep us informed of any changes in your circumstances and information you provide to us, upon becoming aware of same, that may affect our ability to provide the Services. Acceptance of our Quotation and Terms Quotations are valid for 7 days. If you change the scope of your requirements, we reserve the right to revise our Quotation and re-issue a new Quotation.If you pay a deposit after you receive our Quotation and a copy of these Terms, you are deemed to have read, understood, and accepted these Terms, even if you do not sign and return the Quotation or send confirmation of your acceptance of the Quotation to us in writing.The documents comprising the binding agreement between you and us, must be read in the following order of precedence:these Terms;the Quotation; andany correspondence in writing from us which confirms any amendments to these Terms or any changes to our Quotation or Services pursuant to these Terms. (“Agreement”).Where any conflict occurs between the provisions of any two or more of the documents referred to in clause 3(c), the documents lower in the order of the above list prevail to the extent of any inconsistency to the documents higher in the above list.Upon your acceptance of our quotation in these terms in accordance with (b) above, and payment by you of the required deposit, your request for Services will be deemed to be confirmed. Your failure to accept our Terms and pay a deposit may result in our cancellation of the Services.ServicesWe may provide you with a Quotation for Services or other written confirmation in writing, including via email, to you outlining the nature and scope of services to be provided by us to you. Where you provide us with verbal instructions, we will require you to confirm those instructions in writing and remit any applicable deposit before we proceed to provide any Services to you.We may provide recommendations for you to retain services from other third-party professionals for your event. You acknowledge and agree that you are solely responsible for ensuring that any third party is appropriate for your needs and your event circumstances. Any suggested recommendations made by us are not binding and any election by you to engage a third party is made entirely in your discretion and at your own risk and:You agree that you will independently retain any third party referred to you by us in accordance with their own requirements and engagement protocols;You are solely responsible for the payment of any fees to third party, unless otherwise expressly agreed by us in writing.We do not partially cater any event (service of alcohol excepted) unless we specifically agree to do so in writing. You must inform us if you intend to supply food for your event that are home-made or from another third-party provider.You must advise us of any dietary requirements of your guests when placing your order for Services. We will use our best efforts to accommodate the dietary requirements of your guests, however our kitchen and equipment may contain traces of nuts, egg, dairy, gluten and other allergens. Although all care is taken by us to ensure these items are contained and no cross contamination occurs, we cannot guarantee all products we supply will be 100% allergen free. We will not accept responsibility or liability for an adverse reaction to our any of our food by any guest, subject to the proven negligence of our personnel. You are responsible for informing any of your guests who have serious food allergies, including anaphylaxis or other similar medical conditions, to bring their own allergen free food to your event.We will not be liable for and you indemnify us against any liability, losses, costs, damages and actions whatsoever arising from:the consumption of any food item not supplied by us at your event;the handling of food supplied by us by persons other than our staff at and for the duration of your event;the handling and storage of food supplied by us contrary to our instructions;any injury sustained by any person at your event. All productis must be consumed within a three hour time frame. After the three hour timeframe we do not take any responibility and Consumption is at your own risk. Confirmation of ServicesMenus, final numbers and dietary requirements must be confirmed 7 days prior to the event. If the final numbers decrease after confirmation is received, you will be charged at your confirmed numbers.An increase in numbers will result in additional charges. You will be notified of any additional charges within 48 hours of confirming your numbers. Delivery only orders must be confirmed 7 days prior to delivery. Payment is required prior to or on the day of delivery. Payment Terms Unless otherwise specified on our invoice, a 50% deposit payment is due within three (3) business days of a Quotation being provided by us.Payments can be made by cash, AMEX, Mastercard and Visa credit cards (credit card surcharges will apply) debit card or electronic funds transfer, as indicated in our Quotation. We reserve the right to hold your credit card details as security for payment. You authorise us to charge your card for the balance due on the date of your event. If payment cannot be made due to insufficient funds or any other reason, we reserve the right not to complete delivery or set up until full payment is processed, without any liability to you.If you have any objection to the content of our invoice, you must raise these objections with us as soon as possible after receiving our invoice, and in any event no later than three (3) business days of receipt of our invoice to ensure timely resolution of any queries prior to the delivery of Services to you. All our pricing is inclusive of GST, unless otherwise specified.Unless otherwise agreed in writing, or as set out in our Quotation, our fees do not include any out-of-pocket expenses incurred on your behalf. All out of pocket expenses are payable in addition to our fees pursuant to our invoice payment terms. We will provide you with notice of any anticipated out of pocket expenses and will seek your prior consent before incurring these costs on your behalf. Where out of pocket expenses exceed $200.00, we may require you to directly pay these expenses up front. without our prior written agreement. If you are a pre-approved corporate client (ABN applicable) full payment of the balance is due within 7 days after your event date, unless otherwise agreed in writing. The balance will be invoiced upon confirmation of guest numbers seven (7) days prior to the event and full payment is required prior to the event date, unless otherwise agreed by us in advance in writing. Any additional charges will be invoiced after the event.We may suspend or cease our Services upon written notice without any liability to you if payment of any amount is delayed. Delivery Our pricing includes delivery to your nominated venue, all vehicles and staff to set required to set up your catering and serve, where applicable, between7.00am and 5.30pm Monday to Friday.Any delivery time is indicative only. Every effort will be made to meet your delivery time, subject to traffic conditions, accuracy of address, access to premises and other matters that may impact our timing that are out of our control. We will contact you upon becoming aware of any delays that impact the timing of a delivery by us. We are not liable for any delivery delays, and you indemnify us from all losses and liability arising from any delays.Delivery, serving, and collections required outside of the above hours or on public holidays will be subject to additional charges. You must ensure that we have clear and safe access to your nominated venue, including driveway and trolley access, kitchen, and service area facilities. We will not be liable for any failure to deliver our Services where clear and safe access to your venue and its facilities is not made available.Delivery, serving and collections charges will be included in our Quotation. Cancellation All cancellations must be communicated to us in writing. If cancellation occurs more than 30 days prior to your event, 100% of your deposit will be refunded in full. If cancellation occurs 7-30 days prior to your event, 50% of your deposit will be refunded. You will be given the option to use the 50% of your forfeited deposit as a credit to re-book our Services for another date within 24 months of the date of the cancelled event.Cancellations received less than 7 days prior to your event will result in 100% of your deposit being forfeited. Where any part of a forfeited deposit does not cover our losses arising from your cancellation, we will invoice you for all costs incurred by us, including perishable food and stock purchased for your event, over and above the value of your deposit.Subject to and in addition to above sub-clauses (a) to (e) above, where you notify us in writing that you wish to cancel the Services, we will issue you an invoice for additional costs incurred by us, including but not limited to any out-of-pocket expenses;third-party deposits paid on your behalf and third party cancellation fees chargeable or incurred up to and including the date of cancellation; andall costs that have been incurred including but not limited to in relation to labour or other services related to the cancelled Services. (Cancellation Costs).You agree to pay all Cancellation Costs within 3 business days of receipt of our invoice.Force MajeureWhere circumstances beyond our control prevent us from fulfilling any obligations under these Terms or pursuant to an accepted Quotation, we will be released from this Agreement without penalty.In the event of cancellation of your event within 7 days prior to the event date due to occurrences outside of our control, your deposit will be converted to credit, subject to a reduction of any amounts to be deducted for produce or other perishables already purchased by us in anticipation of your event, that cannot be re-purposed. In the event of cancellation of your event on the scheduled date of the event to occurrences outside of our control, no refund will be provided, unless otherwise agreed by us in our discretion. Amendment of Pricing and Fees Prices may vary from time to time due to seasonal availability or suppler issues out of our control. We reserve the right to amend pricing accordingly and offer substitute for menu items of similar quality and category where items are not available on the date of your event. All reasonable efforts will be made to consult with you about any changes with as much notice as possible where changes are unavoidable. All pricing in our Quotation is based on current costs of produce or other ingredients. Where costs change between the date of our Quotation and the date of your event, we reserve the right to increase our prices accordingly and we will give you reasonable prior notice in writing. If you do not accept our amended or updated pricing or Terms you must promptly notify us to discuss any concerns. We reserve the right to terminate our Services without liability where an agreement cannot be reached. If the event brief falls below or outside our minimum numbers or package costing, we reserve the right to refuse to accept an order.Events finishing past midnight will incur a service charge, charged per hour or part thereof. If additional staff are requested additional charges may apply.Surcharges will apply for all events held on public holidays (15%), this surcharge is calculated on the total food and beverage spend.Our Quotation will outline our arrival times and departure times and if the event runs over time through no fault of Olive and Thyme Catering, we reserve the right to charge for additional costs that are incurred, including staffing fees. Staff fees are charged in hourly blocks or part thereof. Consumer Law We acknowledge that where the Australian Consumer Law applies, there are certain consumer guarantees that apply to our Services.Nothing in the Terms is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the supply of Services which cannot be so excluded, restricted or modified.Ownership of materials and bondWe own all items brought to your event for the set-up of grazing tables, including but not limited to stands, serving cutlery, baking dishes, bain marie food warming equipment, platters, and all other items to display, decorate and serve food provided by us, except for any disposable items or as otherwise expressly instructed by us. You are required to provide a credit card number and details to us for a pre-authorised bond amount of $500.00, which will be held until the conclusion of your event. The credit card supplied will only be charged for the cost of replacing damaged, lost, missing or stolen equipment, serving and decorative items that are left at your event by us for the purpose of presenting and serving all food provided by us to you. DefaultIf you fail to pay our invoice in accordance with clause 6, then we may, without prejudice to any other remedy available to us, and without any liability:cease or suspend the provision of the Services until all outstanding payments are received by us without any deduction or set off; charge you interest in the amount of ten percent (10%) per month or part of on any amount due for the period from the due date until the date of payment in full;charge you for, and you agree to indemnify us against, all costs and expenses (including without limitation all legal costs and expenses on a full indemnity basis) incurred by resulting from the default and in taking any action to enforce compliance with these Terms. We will not be liable, and you indemnify us against any loss suffered by you arising out of your failure to make timely payment for the Services or any delay or suspension of Services by us arising from any delay in payment by you. Limitation of liabilityTo the maximum extent permitted by law, you agree not to bring any claim against and you indemnify us and our officers against any liability arising from: indirect, special or consequential losses or damages suffered by you or any third party of any kind; or any loss or damage suffered by you or any third party arising from the Services, or the late delivery of the Services or cancellation or suspension of the Services by us;acts or omissions of any other person, including any third party provider, your event guests, circumstances outside our reasonable control or your breach of these Terms.WarrantyTo the maximum extent permitted by law:We make no express or implied warranties or representations in relation to the Services other than those expressly contained in these Terms and our Quotation.Our maximum liability under these Terms for any breaches of these Terms, any breach of warranty or any negligence will not exceed the total amount of payments made by you to us, and if you have not made any payments, then the maximum liability will be $10.00.Nothing in the Terms is to be interpreted as excluding, restricting, or modifying the application of any State or Federal legislation applicable to the supply of services which cannot be excluded, restricted or modified.TerminationSubject to clause 8, each of us may terminate this Agreement by giving not less than 30 days’ written notice to the other party.Termination by either party to this Agreement will not affect any accrued rights.We may terminate this Agreement without liability where you are in breach of any Terms, and you do not remedy that breach within 7 days from receiving written notice from us.Any deposit paid by you will be refunded in full where you notify us of termination of this Agreement no less than thirty (30) days prior to your event.Communication You must promptly advise us of any changes to your contact details. We may send any communications to the last contact details you provide to us. Unless you instruct us otherwise, we may, where appropriate, communicate with you and with third parties via telephone, email or by other electronic means. We are not responsible for any non-receipt, delayed receipt, inadvertent misdirection or interception by third parties in any form of communication from us, whether electronic, postal or otherwise. Applicable LawThese Terms will be governed by and construed in accordance with the laws in force in the State of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts in Victoria. SeverabilityIf a court or other competent authority determines that a word, phrase, sentence, paragraph, or clause of these Terms is unenforceable, illegal or void then it shall be deemed to be deleted and the other provisions of these Terms will remain in force. AssignmentYou may not assign, transfer or otherwise deal with any of your rights and obligations pursuant to these Terms without our prior written consent.Entire AgreementThe documents listed in clause 3(c), constitute the entire agreement between you and us in respect of the subject matter of this these Terms, and they supersede all prior discussions, undertakings and agreements unless otherwise subsequently confirmed in writing by both parties.WaiverFailure by us to enforce any of these Terms shall not be construed as a waiver of any rights.SeveranceIf any of the Terms are unenforceable it must be read down to be enforceable, otherwise the term must be severed from these Terms without affecting the enforceability of the remaining terms. Disputes and complaints If you have any concerns about our Services, please promptly contact us - on the day of the Event. Not after the Event. Neither you or us will commence any court proceedings (except proceedings seeking urgent interlocutory relief) in respect of a dispute arising out of these Terms or our Quotation or Services (dispute) unless we notifies each other of the nature of the dispute in writing and the action needed to resolve it.The parties will have 7 days to use their best efforts to resolve the dispute in good faith (Initial Period). If the parties are unable to resolve the dispute within the Initial Period, each party agrees that the dispute must be referred for mediation in accordance with the Mediation Rules of the Law Institute of Victoria. Mediation is to be held with a mediator agreed on by the parties, or, failing agreement within seven (7) days after the expiry of the Initial Period, a mediator nominated by the then current President of the Law Institute of Victoria. The role of any mediator is to assist in negotiating a resolution of the dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing. Each party to a dispute must bear its own costs of complying with this clause and the parties must bear equally the costs of any mediator and mediation venue engaged. Only where the parties fail to resolve the dispute after mediating in good faith in accordance with this clause may a party issue any legal proceedings. On Site Facilities The Client has to ensure that we , Olive and Thyme Catering, can carry out all the kitchen work ( cooking ) and set up work. (styling of food) We do not take any responsibility for smoke detectors that can cause alarm, calling fire brigade or activate water sprinklers. Any cost for activated systems including calling fire brigade and activated sprinkler systems will be the Client's cost. Also costs for cleaning up and other damage caused by sprinkler and other systems will be at Clients cost. Events at the Templestowe Fuction Centre We cater on behalf of the Templestowe Function Centre. We do not take any responsiblity for injuries, accidents, deaths that can happen in the Hall and around the Property. Any public liability claims are to be made to the Templestowe Function Centre - St Haralambos Church. Our menue prices include the Hall hire fee. We collect this fee on behaf of the Templestowe Function centre. The Templestowe Function Centre does not have a Bar. We will only serve Drinks that have been ordered by the Customer and are part of our Packages.