The partners agree and acknowledge that the following terms and conditions and attachments hereto, form the agreement between the Company and the Client.
In this document:
- The singular includes the plural and vice versa.
- A reference to one gender includes a reference to all other genders.
- Headings to clauses are included for the sake of convenience only and shall not affect the interpretation of the clauses to which they relate.
- When a party comprises two or more persons the rights and obligations of such persons pursuant to this Agreement shall ensure for the benefit of and bind all of them jointly and each of them severally.
- This Agreement shall bind each party’s legal personal representatives, successors and assigns.
The Parties agree that the following words and terms shall mean and include:
- “Agreement” means this document and any other documents or schedules attached to it which are stated to be so attached.
- “Authority” means any company, Government or regulatory body which has any interest in or control over the Company or the Company’s Property or Premises or the services to be provided by the Company.
- “Client” means any person, company, the company’s Directors, firm or other legal entity whether acting as a trustee or not, nominated on the front page and/or throughout this Agreement.
- “Company” means GUJRAL CATERERS Pty Limited of 138-144 Majors Bay Road, Concord, NSW (ABN: 85102566370).
- “Deposit” means the amount of money required to be paid by the Client to the Company pursuant to this Agreement;
- “Equipment” – any equipment used (owned or hired by the Company from a supplier) to perform the services.
- “Goods” means any items purchased or hired/contracted by the Company from a supplier/manufacturer to enable the Company to provide the services contemplated by this Agreement.
- “Premises” includes but is not limited to the room or area in which the Company provides the services to the Client for the Client’s Event.
- “Property” means the premises at 138-144 Majors Bay Road, Concord, NSW and the improvements erected on the land or such other property where the Client’s Event is held.
- “Event Order” means a description of the services provided by the Company to the Client including but not limited to all items and things associated with the provision of the services and the estimate of the cost of providing them as set out on page 1 of this Agreement.
- “Services” includes but is not limited to all items and things associated with the provision by the Company to the Client of food, beverage, Goods, Premises and entertainment for the purposes set out in this Agreement.
1. DEPOSIT AND EVENT DATE CONFIRMATION
- The Client must return to the Company within (5) days of the date of the Event Order a signed copy of this Agreement where indicated, together with payment of the Deposit (by Credit Card/ Bank Cheque/ cash/direct deposit) as requested by the Company.
- If the Client fails to return a signed copy of this Agreement together with payment of the Deposit, the Company shall be entitled to allocate the Event Date and Premises to another client without notice.
- The Client acknowledges and agrees that the Company has explained to the Client that the Deposit is not refundable to the Client under any circumstances, unless otherwise agreed in writing by the Company.
2. EVENT ORDER
- The prices stated in the Event Order are calculated on the number of guests that the Client has advised the Company will be attending the Event. The Client acknowledges and agrees, that if the number of guests that are confirmed by the Client as attending the Event decreases by an amount of 5% or more, that the Company at its sole discretion shall be entitled to:
- charge the Client an additional amount to that stated on the Event Order; and/or
- move the Event to different Premises.
3. FULL PAYMENT OF INVOICE
- The Company will issue to the Client an account for the provision of services to the Client for the Event and any other charges payable by the Client pursuant to this Agreement (“Invoice“).
- The Company will issue the Client with a tax invoice showing required payment installments and the due date for payment for each installment. Such payment must be by Bank Cheque/direct bank transfer/cash/Credit Card/Eftpos and is excluding GST.
- In the event that the Client has not provided to the Company details of the final number of persons that will be attending the Event by the date of the Invoice, then the Company shall be entitled to issue and receive payment for an Invoice which is calculated on the number of persons stated on the Event Order.
- PROVIDED further that if the actual number of persons that attend the Event exceeds the number stated on the Invoice, then the Client must pay to the Company on the Event Date, the amount due for such additional persons as is advised by the Company to the Client.
- The Client will be subject to Late Payment Penalty of $100.00 AUD per day, for every day that the final installment is delayed or later that the agreed date on invoice. Any changes to this Clause must be agreed in writing by the Company.
4. CANCELLATION FEES
- The following cancellation fees (in addition to the Deposit) shall be payable by the Client to the Company in the event the Client cancels the Event:
- Notice of a period of more than 180 days prior to the Event Date the Client will not be charged a cancellation fee.
- Notice of a period of between 180 to 91 days prior to the Event Date the Client must pay to the Company a cancellation fee which is equivalent to 25% of the price stated on the Event Order.
- Notice of a period of between 90 to 31 days prior to the Event Date, the Client must pay to the Company a cancellation fee which is equivalent to 50% of the price stated on the Event Order.
- Notice of a period of less than 30 days prior to the Event Date the Client must pay to the Company the total price stated on the Event Order.
- In addition to the amounts set out in Sub-Clauses 4.1(b) to 4.1(d) inclusive, if the Company has booked/hired any equipment, entertainment or service for the Client’s Event, then the Client must pay the full amount that the Company is charged for cancelling such equipment, entertainment or service.
- The cancellation fees and amounts referred to in this Clause 4, must be paid by the Client regardless of the reason the Client cancels this Agreement unless otherwise agreed in writing by Company.
5. FOOD / BEVERAGE SUPPLIED BY THE CLIENT
- If the Client wishes to bring food and/or beverage for the Event then the Client must obtain the Company’s prior written consent. The Client must advise the Company in writing of the relevant details at least 45 days prior to the Event Date.
- The Company can grant or withhold its consent in its absolute discretion.
- If the Company agrees to such request then the Client must abide by all conditions that the Company may impose including payment of any surcharges that the Company may require to be paid or refusing to serve any food which the Company considers is not of an acceptable standard.
- The quality and/or suitability of any food and/or beverage supplied by the Client are the sole responsibility of the Client.
- If the Client wishes to engage contractors for the Event, then the Client must obtain the prior written consent of the Company. If the Company gives its consent, the Client and such contractors must:
- at least seven (7) days prior to entering the Property, produce to the Company, certificates of currency from a reputable Insurance Company for all relevant insurance policies including Workers Compensation Insurance, Products Liability Insurance and Public Liability Insurance and any other Insurance Policy which the Company may (in its absolute discretion) require to be taken out for the Event; and
- at all times abide by all the conditions, rules, directions, instructions and requests of the Company and its representatives whilst they are on the Company’s Property; and provide to the Company full names and contact details of such contractors including contact address and telephone numbers.
- Regardless of whether the company has given its consent, the Client shall be responsible for all costs and expenses incurred by the Company by reason of the Client’s contractors attending at the Property or by reason of the services provided by the Client’s contractors.
- The Company will only accept delivery of any goods within a window of 5 working days prior to Client Event. The Company will take all care, but no responsibility for any items delivered to the Company’s Premises.
7. DAMAGE TO COMPANY PROPERTY
- The Client must pay to the Company all actual amounts payable for the repair or making good of any damage caused to the Company’s Property (including but not limited to walls, doors, chattels, curtains and on-premise items) by reason of an act or omission by the Client or by the Client’s guests and invitees (including children or minors), employees, agents and contractors.
- Client must not nail, screw, glue, tape or attach to any door, wall, ceiling or surface on the Company’s Property (this includes outdoor areas or any other structures associated with the Company’s Property) without the written consent of the Company.
8. ALCOHOL AND SMOKING LAWS
- The Company adheres to a strict policy on all relevant laws relating to the responsible service of alcohol, as such the Client must ensure compliance of all conditions imposed by the Company.
- Service of alcoholic beverages will be denied to any person deemed to be intoxicated or affected by other substances. The Client is responsible to ensure the orderly behaviour of any guest, invitee, employee, agent or contractor. The Company reserves the right to remove any persons who in its opinion are conducting themselves in such manner which causes an inconvenience or disturbance.
- Minors (any person under the age of eighteen years) must be supervised at all times as underage drinking will not be tolerated on Company Property. Further penalties may be imposed by authorities if offences are detected which includes termination of Client Event.
- Smoking is strictly prohibited within any room or part of the Company’s Premises and within the immediate surroundings of Company’s Property. Smoking is also banned by law, from any commercial outdoor areas (smoking is prohibited within 4 metres of a seated dining area at a licensed venue and building). Any breach of this law may lead to further penalties.
9. TERMINATION OF EVENT
- If at any time during the Event the Company’s Directors form the view that the Event is affecting the business of the Company or its reputation or the security of the Company’s Property, or there is an emergency occurrence, then the Company shall be entitled to:
- exclude or remove and restrain any person/s from the Company’s Property that it deems are disruptive; and/or
- to terminate the Event upon the happening of which the Client must immediately take all necessary steps to ensure that the Client and the Client’s guests, invitees, agents, servants and contractors vacate the Premises and the Company’s Property forthwith.
- If the Company exercises its rights as contemplated by this Clause, then the Company shall not be liable for consequential damages of any nature for any reason whatsoever and the Client must indemnify the Company for any claim against the Company for same.
10. RELEASE BY CLIENT
- The Client releases the Company, it’s agents, employees and contractors from all claims for any loss, damage or injury to person or property or otherwise sustained by the Client or the Client’s guests, invitees, agents, employees or contractors, but provided that such release will not be applicable to any loss, damage or injury caused by or contributed to by any act or omission of the Company, its agents, employees, and/or contractors.
11. PROVISION OF DETAILS BY THE CLIENT
- The Client must provide to the Company the information, forms and items set out hereunder by no later than the following time periods:
- By the date 35 days prior to the event date the Client must finalize and advise the Company in writing of the Clients’ menu choices for the event. Where applicable, a Food Tasting must be completed in order to finalise all menu choices. Schedule A to this Agreement explains the procedure for all such Food Tastings.
- By the date 10 days prior to the Event Date – the Client must provide to the Company a duly completed copy of the Guest and Seating List in alphabetical order, as well as a Special Meals request forms for which templates can be provided to you by your Event Manager.
- By the date 7 days prior to the Event Date – the Client must provide to the Company in writing:
- a duly completed copy of the Run Sheet;
- a duly completed copy of the MC Information Sheet;
- guest place cards;
- any extras (for example CD’s, toasting glasses, cake knife etc) and
- confirmation of the Client’s contractors and Suppliers’ contact details and specific details of what they are providing.
- The Company shall not be liable for any of the consequences of the Client failing to comply with all or part of Clause 11.1
12. VARIATION OF PRICE AND SERVICES
- The Client acknowledges and agrees that if any food, beverages, entertainment or equipment required for the Event are unavailable through circumstances beyond the control of the Company, that the Company shall be excused from providing any such food, beverages, entertainment or equipment and the Client agrees to the Company arranging to provide such alternate food, beverages, entertainment or equipment as are available.
- The Client acknowledges and agrees that:
- The figures stated in the Event Order for the provision of the services are calculated on the basis of the cost and availability of the food, beverages, entertainment and equipment of providing such services as at the date of the Event Order; and
- the Company may at its sole discretion, where reasonable increase the prices stated in the Event Order.
- The Client acknowledges and agrees that:
- the Client has no claim of any nature against the Company arising out of or in connection with any of the matters referred to in this Clause 12; and
- the Company shall not be liable for the loss of profit or consequential damages whether based on breach of contract, warranty or otherwise.
13. TERMINATION BY THE COMPANY
- Not withstanding the other provisions of this Agreement the Company may terminate this Agreement immediately on the happening of any of the following events:
- If the Client fails to make any payments or to observe, perform or fulfill any of his obligations under this Agreement, or
- If the Client being a company enters into liquidation or if a receiver or official manager or provisional liquidator be appointed; or
- If the Client being an individual shall be declared bankrupt or insolvent or if the Client’s property shall be assigned for the benefit of creditors.
- In addition to the Company’s rights pursuant to Clause 13.1.if for any reason beyond the Company’s control including but not limited to strikes, regulation or orders of any Authority, civil disorder, fire, flood or other emergency causes, lightning, storm tempest, acts of God, acts of war or other disabling cause which render the Company unable to perform its obligations under this Agreement, then such non-performance is excused and the Company can terminate this Agreement without further liability of any nature for any reason whatsoever.
- The termination of this Agreement by the Company shall not prejudice or affect any rights or remedies of the Company against the Client on any account of any antecedent breach by the Client of any of the terms and conditions of this Agreement.
- The Company may assign the benefit of this Agreement at its sole discretion.
15. REMOVAL OF GIFTS AND EQUIPMENT
- The Client and the Client’s contractors and Suppliers must remove from the Company’s Property immediately after the conclusion of the Event all gifts, equipment and any other items that they may have brought onto or had delivered to the Company’s property.
- The Company shall not be liable in any way to the Client or the Client’s contractors or Suppliers for any loss of or damage to such gifts, equipment and items whilst they are on or at the Company’s property.
- The Company may dispose (as it deems fit) of any gifts, equipment or items that are left on or at its Property without being liable for consequential damages of any nature for any reason whatsoever.
16. BANDS / DJS / ENTERTAINMENT
- All contractors engaged by the Client must abide by the Company’s staff and any such direction at all times. The Company reserves the right to reduce the volume of any sound, at any Event.
17. CAR PARKING
- Car parking is available on Premise and in the vicinity of the Company’s Property. All car parking is at the vehicle owner’s risk. We suggest that you do not keep valuables in your car.
- The Client acknowledges and agrees that from time to time, the Company may take photographs, audio or video recordings (“Media”) of their Property and Premises, which may include Client’s Event. Client hereby provides express permission and consent for the Company to use the Media for promotional purposes, including original, edited and reproduced copies.
19. LEFTOVER GOODS / CLEAN UP
- The Client must provide full disclosure of substantial items that you are bringing to the Premises. All items and goods must be collected at the conclusion of your Event. Should there be any additional items remaining at the end of the pack-down period, or should your contractors take longer than allocated, then an overtime fee will be charged to the Client. The fee will be discussed once a scope of work has been conducted, however fees will begin at $150.
- Any Client seeking to organize a rehearsal must contact your Event Manager to arrange a time that is appropriate and does not clash with other events. Please note all rehearsals must be held within business hours and on Monday – Thursday only. There will be a room-only rehearsal fee beginning at $200/ hour with no food or beverage served on site or to be brought in externally.
21. SECURITY AND VIDEO SURVEILLANCE
- The Company takes security extremely seriously as a result please be advised that the Premises is under 24-hour video surveillance, with cameras positioned in every entry, foyer, event room and walkway.
- The Company will not accept any liability or responsibility for loss, damage or theft of any equipment, merchandise, belongings or personal effects left on Premises prior, during or after your Event.
22. WHOLE AGREEMENT
- The terms of this Agreement may only be varied by further written documentation between the Company and the Client which is signed by both parties.
23. ACKNOWLEDGEMENT AND AGREEMENT TO THE TERMS AND CONDITIONS
- The Client acknowledges that they have read and understand the terms and conditions outlined in this Agreement and agree to be bound by such terms and conditions.