Terms of Trade

Focus on Food Queenstown

TERMS & CONDITIONS

1. Contract
These are the Terms and Conditions of FoodFocus Limited trading as Focus on Food. References to “we”, “our”, “us” etc refer to FoodFocus Ltd. References to “you”, “yours” etc refer to the customer. These terms and conditions may be amended by us at any time by updating them on our website. You should review these Terms and Conditions each time you access our website. The terms and conditions will not be altered by any statements to the contrary unless confirmed in writing.

2. Acceptance
Acceptance of our catering (whether they are goods and/or services) occurs when the customer accepts a quote in writing, verbally or accepting delivery of the catering quoted for.

3. Price
The price of our catering will be set out in our quote and may include such items as food, staff, transportation, and hire of equipment. GST of 15% will be specified on your quote and invoices.

4. Confirmation of Event Bookings and Food Orders
4.1 Event bookings must be confirmed no later than 30 days prior to the event. Please note that your event booking is not confirmed until we have sent you written confirmation and the deposit is received.
4.2 Food orders must be confirmed no later than 7 days before they are required. Please note that orders for food are not confirmed until we have sent you an invoice and payment is made.

5. Additional Costs
5.1 In the event of any time delays at catered events where staff is required to work beyond the quoted hours for staff then additional time for staff will be charged at $25.00 per hour per staff member. A 50% surcharge applies for staff working on Public Holidays.
5.2 In the event catering requirements change after a booking has been confirmed such as changes to the menu or additional numbers then these will be charged in a final invoice.
5.3 Where ceramic platters or other equipment is provided but is not promptly returned the following day or in the event of equipment breakages or damage this will be charged at the replacement cost.
5.4 Any large or small equipment hire required for events will be on charged to the customer. Any breakages, damage to hired equipment by guests or customers will be charged to the customer at replacement costs and added to the final invoice.
We may issue a final invoice up to 10 working days after your event to cover such additional costs.

6. Cancellation or Changes to Orders
Cancellation or changes to event bookings must be made a minimum of 28 days prior to the event. Cancellation or changes to food orders must be made a minimum of 24 hours prior to the time the food is required.
Otherwise, any costs incurred in preparation of the event booking or food order will be invoiced. Any changes or additions to orders will also incur an additional 15% charge.

7. Payment
7.1 Payment Terms for Event bookings is as follows:
7.1.1 Non-refundable deposit of 30% of the quoted price to be paid on the date of acceptance of quote in order to confirm the event booking.
7.1.2 The balance of 70% of total quoted price 14 days prior to the event date
7.1.3 Any final invoice for additional costs to be paid 7 days after receipt of final invoice.
7.2 Payment Terms for Food Orders is as follows:
7.2.1 Payment to be made in full on the date of acceptance of the quote in order to confirm the booking.
7.3 Our preferred method of payment is by direct credit to:
ANZ 06-0949-0339764-00
We do accept cash or credit cards payments, although payments by credit card will incur a 3% surcharge.

8. Default in Payment
The customer agrees to pay interest on all sums outstanding at 2.5% per month from the date when payment became due until when payment is made in full including interest. The interest amount is immediately due on presentation of an invoice and can be backdated and invoiced at any time. If a solicitor or debt collector is instructed by us to enforce or attempt to enforce any rights pursuant to these terms and conditions, then the customer agrees to reimburse any fees and disbursements incurred by us. The customer’s directors, shareholders and/or proprietor jointly and severally guarantee personally all the monies due under these terms and conditions of sale and are liable as principal debtors.

9. Disputes and Credits
Disputes and credits will only be considered valid if brought to our attention within 3 working days of the date of supply.

10. Guarantees and Conditions
No representation, condition, warranty or promise expressed or implied applies to goods or services provided, except where goods or services are supplied pursuant to the Consumer Guarantees Act 1993. We do not provide any warranty that the goods are fit and suitable for the purpose for which they are required by the customer and shall not be liable if they are not.

11. Exclusions of Liability
We shall not be liable for lost profits, loss of goodwill or any incidental, special or consequential damages even if advised of the possibility of some. No warranty or condition shall be implied against us by statue, Common Law, or otherwise other than the warranty that we have the right to deal in the goods provided.

12. Jurisdiction
These terms and conditions are governed by and will be interpreted in accordance with the law of New Zealand and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the Courts of New Zealand.