Terms and Conditions

BOX CATERING
TCC UNIT TRUST
BUSINESS ACCOUNT TERMS AND CONDITIONS
ABN: 75 996 910 325

OVERVIEW

The following is a brief overview for our ordering, order cancellations policy and delivery fees. For full details please see the concise Terms and Conditions below.

Order Confirmation:
Orders are not confirmed until you have been contacted by one of the Box Catering Team to advise you that we are able to fulfil the order as you have requested. Orders placed online are subject to our availability and capacity.

48 Hours Required Notice for Orders
We require a minimum of 48 hours notice to be certain that we can provide all of the items that you require. Some of our products require more than 1 day for preparation.

Next Day or Last Minute Orders
If you require an order to be delivered sooner than 48 hours hence, please contact our office or use the afterhours mobile number to discuss with our team which items can be made available and how we can assist you. We will always make every effort to assist you with your event.

Minimum Order
Our minimum order requirement is $250. Exceptions may be made to this in certain circumstances. Contact our office staff to discuss your requirements.

Order Cancellation
Box Catering will accept cancellation of orders up until 3 days prior to the event with no charge or penalty. Orders cancelled after this time may incur cancellation charges. Orders cancelled before 3:00PM the day prior to the event will attract a 50% cancellation fee. Orders after this time will be charged at a 100% of the total invoice amount.

Delivery Policies
Delivery is free for orders within most of Sydney Metro Area for Monday-Saturday, excluding public holidays.
Delivery costs will apply outside this area.
Standard delivery hours are between 7:00AM and 8:00PM Monday to Saturday. Exceptions can be made to these delivery times. You will be advised at the time of placing your order if a delivery fee will be charged based on your location. Deliveries made outside of these times may attract a delivery fee and you will be advised when you place your order. If you are outside the conditions for ordering, you will need to contact our office to see if we are able to assist you. There are circumstances where we are happy to provide catering services outside of these times or outside of our available delivery areas. Please contact us to discuss your event.

Liability for Lost or Damaged Equipment
By accepting the delivery of our services and equipment you accept liability for any loss or damage of any equipment that we have provided to you. The cost of repairing or replacing lost or damaged equipment is to be borne by you, the client.

TERMS & CONDITIONS

1. SCOPE OF TERMS & CONDITIONS

1.1. Within this document of terms and conditions any context where “Supplier” is mentioned refers to any provider of products or services using the Company as its billing and collection agent.
1.2. Within this document of terms and conditions any context where “The Company” is mentioned refers Box Catering (TCC UNIT TRUST Pty Ltd).
1.3. Within this document of terms and conditions any context where “The Customer” or “Customer” is mentioned refers to registered users, account holders and businesses or charities registered with Box Catering for the purpose of using Box Catering’s services.

2. CUSTOMER’S OBLIGATION TO PAY

2.1. For Business orders by registering with Box Catering the Customer agrees that they also register their place of employment. As such their place of employment whether a business or charity will be responsible for payment of any orders placed with Box Catering.
2.1.1. For Private or Personal orders from Box Catering to an individual require upfront payment by means of credit card or funds received direct debit. Services will not be provided until funds have cleared our account. COD can be arranged upon agreement by the company.
2.2. The Customer undertakes to pay to the Company all amounts in the Statement of Account within 7 days of the date of issue of the Statement of Account. Statements are posted to your chosen billing address the first week of each month.
2.3. “Late Payments”, payments not received within 30 days from the date on invoice will incur a 4% monthly account keeping and administration fee.

3. ACCEPTED PAYMENT METHODS

3.1. Customer payments shall be effected by way either electronic funds transfer or our secure online credit card merchant facility.
3.2. The Customer’s business account will be credited from the date a payment is received by the Company.
3.3 Box Catering accepts major credit cards. MasterCard and Visa payments do not incur any additional merchant fees. Payment by American Express incurs a 2.50% merchant bank fee. Diners Club is not accepted.
3.5. A 20% deposit may be required on advanced orders. Invoices are sent via your email address unless otherwise requested.

4. CUSTOMER BUSINESS ACCOUNT LIABILITY

4.1. The Customer acknowledges that it shall be solely responsible for and bear all risk associated with the Customer’s business account including implementing and maintaining a system of password protection. Should any misuse or unauthorised use of the Customer’s business account occur the Customer agrees to indemnify the Company against any loss, expense or claim thereby arising.

5. LIMITATION OF LIABILITY AND DISCLAIMER

5.1. To the extent permitted by law, the Company will have no responsibility or liability for:
5.1.1. Any refusal by a Supplier or any other person to supply the product the Customer seeks to purchase using the Customer’s business account, regardless of the reason for that refusal;
5.1.2. Any deficiency or defect in the product purchased by the Customer using the Customer’s business account including any deficiency in the product’s fitness for purpose or merchantability;
5.1.3. Any claims or damages including but not limited to claims relating to the use or misuse of the Customer’s business account or the direct debiting of the Customer’s bank account.

6. RISK IN PRODUCT

6.1. Products purchased by the Customer from the Supplier will be at the Customer’s risk upon delivery to the Customer or such place as specified by the Customer or into the Customer’s custody (whichever occurs first).

7. CUSTOMER INFORMATION AND CREDIT CHECKS

7.1. The Customer hereby agrees that the Company may seek such consumer information (section 18k(1)(b) and (h), Privacy Act 1988) and trade references (section 18N(1)(b) Privacy Act 1988) as the Company considers either relevant or necessary for the purpose of assessing the Customer’s business account application.
7.2. The Customer agrees to the Company obtaining from an account-reporting agency an account report containing accounts information about the Customer.
7.3. The Customer further agrees that the Company may give to and seek from any account providers named in this business account application information about the Customer’s account arrangements. The Customer understands that this information may include any information about its account worthiness, account standing, account history or account capacity that account providers are allowed to give to or receive from each other under the Privacy Act.

8. CHANGE IN CIRCUMSTANCES

8.1. The Customer undertakes to notify the Company promptly of any change in the Customer’s name, address, email, fax or telephone number or any significant change or deterioration in the Customer’s financial position (including, but not limited to, any significant increase in the Customer’s overall indebtedness) and of the occurrence of any default event as described in clause 5.

9. ORDER TERMS

9.1. Confirmation of Your Booking
An email of your order and a phone call from a member of the Box Catering Team represents a confirmation of your order, unless the email states that it is a quote. The order will be delivered and prepared as per the details on your order email. Please note that your order will arrive within the window of your desired delivery time. IMPORTANT: It is your responsibility to review the details of your order and notify Box Catering of any omissions or corrections. Your invoice will reflect the items and prices outlined within this confirmation.

9.2. Order Cancellation
Box Catering will accept cancellation of orders up until 3 days prior to the event with no charge or penalty. Orders cancelled after this time may incur cancellation charges. Orders cancelled before 3:00PM the day prior to the event will attract a 50% cancellation fee. Orders after this time will be charged at a 100% of the total invoice amount.

9.3. Platter and Hot box/bag Collection
Box Catering will collect their platters, utensils, hot and cold boxes and any hired equipment on the next business day between 9am and 5pm. Please ensure that all of the equipment is placed in a safe and accessible location so that it can be retrieved. Lost or broken equipment by will be charged to you at their replacement value. If we are unable to retrieve all of the equipment when attending to collect it, you may be charged an additional collection fee and in the case of hired equipment, for an extra day’s hire.

9.4. Pricing Information
Please note all menu prices include GST. Box Catering will strive to maintain their prices. However, we reserve the right to alter prices without notice.

10. OTHER

10.1. The terms and conditions contained herein constitute the entire agreement between the parties and no amendment or variation shall be of any force and effect unless in writing and signed by both the Company and the Customer.
10.2. The Customer acknowledges that no representations have been made by the Company or on its behalf, which have induced the Customer to enter into this agreement.
10.3. The Customer acknowledges that it may not assign any of their rights or interests arising under or pursuant to this agreement to a third party other than with the prior written consent of the Company.
10.4. The Customer acknowledges that the amount shown on the customer order confirmation/invoice provided to the Customer at the time of purchase is sufficient evidence of the purchase.
10.5. The Customer acknowledges that the Company may terminate this Agreement, close the Customer’s business account, and require immediate payment in full of the outstanding balance on the Customer’s business account where:
10.5.1. The Customer fails to pay the amount specified in the Statement of Account by the due date for payment as specified in the Statement of Account.
10.5.2. The Customer breaches any of the terms of this agreement or of any other contract between the Customer and the Company;
10.5.3. The Company in it’s absolute discretion considers that there has been a material adverse change in the Customers financial circumstances;
10.5.4. The Customer, not being a company either dies, ceases to be of full legal capacity or, if a partnership, is dissolved; or If the Customer is a company: (i) stops or suspends or threatens to stop or suspend payment as provided for under this agreement; (ii) is insolvent within the meaning of Section 95(a) of the Corporations Law; (iii) a court is required by reason of Section 459(2) to presume that the Customer is insolvent; (iv) an administrator is appointed over all or any of its assets of any of the Customer or an undertaking or any steps preliminary to the appointment of an administrator is taken to the Customer; (v) a controller within the meaning of Section 9 of the Corporations Law or a similar officer is appointed to all or any of the assets or undertakings of the Customers; or (vi) an order is made or a resolution is passed for the Customer’s winding up or dissolution or for it to enter an arrangement, comprise or composition with or assignment for the benefit of its creditors, a class of them or any of them.