Cosma Catering Terms and Conditions

PART 1 – General

1. Definitions

In this Agreement, the following words have the following meanings:

• Caterer means Cosma Catering Pty Ltd.
• Catering Services means the food preparation, cooking and waiting services (if applicable) to be provided by the Caterer to the Customer, and if applicable, for the Function with the Equipment and the Staff, at the Location on the Date of the Function.
• Customer means the person described as the Customer and who places an order with the Caterer for Food Products and/or Catering Services.
• Date of the Function, Deposit, End Time, Equipment, Extras, Facilities, Fee, Function, Staff, Location and Start Time have the meanings respectively given to them in the Order.
• Food Products means the food prepared, cooked and provided by the Caterer to the Customer.
• Force Majeure Event means any occurrence or omission as a direct or indirect result of which the Party relying on it is prevented from or delayed in performing any of its obligations under this Agreement and which is beyond the reasonable control of that Party and could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
• Order means the form completed by the Customer and the Caterer stating the Catering Services that the Customer wishes the Caterer to provide and the Fee at which the Caterer is willing to provide those Catering Services (with other details relating to the Customer’s order) subject to the terms and conditions of this Agreement.
• Parties means the Customer and the Caterer, and Party means either one of them.
• Website means the Caterer’s website, accessible via the URL https://cosmacatering.com.au/.

2. Goods and Services

Cosma Catering will provide the Food Products and Catering Services as applicable:

• with reasonable care and skill;
• in accordance with food catering industry standards for hygiene and general cleanliness concerning:
  • the preparation and cooking of food; and
  • the handling and service of food, beverages, utensils and tableware; and
• in compliance with statutory and regulatory requirements affecting the preparation, cooking, handling and service of food, and the provision of goods and services.
• The Customer acknowledges and agrees that the Caterer’s kitchen:
  • is not allergen friendly. All Food Products may contain traces of nuts, dairy, gluten and soy; and
  • Is not certified as Kosher. Notwithstanding, if Kosher Food Products are ordered, the Food Products delivered will be Kosher.

3. Law and jurisdiction
   • This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Victoria, Australia.
   • The Parties submit to the non-exclusive jurisdiction of the courts of Victoria.
4. Amendment

This Agreement is not to be amended except in writing signed by each of the parties.

5. Privacy Policy

The Customer acknowledges and agrees that it has read and accepts the Caterer’s Privacy Policy https://cosmacatering.com.au/pages/privacy-policy, which forms part of this Agreement.

PART 2 – Food Products

6. Placement and acceptance of orders
   • The Customer must order Food Products from the Caterer via its Website.
   • All orders are subject to a minimum spend, the amount of which shall be set by the Caterer in their absolute discretion and subject to seasonal demand (“minimum spend”). The minimum spend shall be calculated exclusive of delivery fees and shall be advertised on the Caterer’s website. Any order totaling less than the set minimum spend at the time of ordering will not be processed.
   • Each order must specify:
     • the quantity and description of the Food Products ordered;
     • any allergies, intolerances or other dietary requirements;
     • whether the Customer requires delivery at the additional cost quoted (Delivery Option), or will collect the Food Products from the Caterer’s Premises (Collection Option); and
     • a preferred delivery date and time for the Food Products, which complies with any published cut off dates/times for the Food Products in question. If no cut-off date/time is specified, then the delivery date and time must be at least two business days from the time of the placement of the order, failing which the Caterer may decline to accept the order (Delivery Date).
   • The Caterer may additionally decline any order received from the Customer by written notice to the Customer within 24 hours of receipt of the order by the Caterer for any reason including but not limited to availability of Food Products or staff, an error in price or description and the location Delivery has been requested to. If the Caterer declines an order under this clause, any monies paid by the Customer will be refunded in full.
   • The Customer acknowledges and accepts that the Caterer will block out a delivery date once they reach the order capacity for that date, and as such the Customer’s preferred delivery date may not be available at the time of ordering. The Caterer accepts no responsibility for the unavailability of any given date.
7. Payment
   • Unless stated otherwise, the Price is exclusive of GST. The Customer must pay the Price, plus the requisite GST, in relation to each order to the Caterer at the time of placing the relevant order (Payment Due Date).
   • In return for payment of the price specified in relation to each of the Food Products on the Caterer’s Website by the Customer to the Caterer, the Caterer sells and the Customer buys the Food Products on the terms of this Agreement.
8. Delivery/collection of orders
   • Delivery of Food Products is only available to addresses in metropolitan Melbourne within 15 kilometers of the Caterer’s premises. The Caterer may in its discretion agree to a delivery arrangement outside the radius specified but is under no obligation to do so.

If the Customer selects the Delivery Option:

• the Caterer shall use its best endeavours to deliver each order to the location specified in the order on the Delivery Date.
• Deliveries shall be scheduled between 9am and 3pm on weekdays, and 8am and 12pm on weekends and public holidays. The Caterer does not accept requests for delivery at a specific time within the available delivery window.
• It is the responsibility of the Customer to ensure they are available to accept delivery of the Food Products on the Delivery Date. In the event that delivery cannot be completed, the Customer must contact the Caterer to arrange re-delivery at additional cost, which shall be borne by the Customer.
• Where possible, and in the interest of prioritizing the health and wellbeing of the Customer and of the Caterer’s staff, contactless delivery shall occur.

• If the Customer selects the Collection Option, the Caterer shall use its best endeavours to have each order available for collection at the Caterer's premises by the Customer or an agent or courier of the Customer prior to the Delivery Date. As soon as each order is ready for collection, the Caterer will notify the Customer.

9. Packing of orders
   • The Caterer shall ensure the Food Products are safely and securely packed for transportation to the Customer having regard to:
     • the fragility and perishability of the Food Products;
     • the distance the Food Products are likely to travel; and
     • the method of transportation used to transport the Food Products.

Notwithstanding, the Customer bears and accepts all responsibility and risk flowing from said transportation of the Food Products and shall not be entitled to claim against the Caterer in respect of same.

• The Customer acknowledges and accepts that there may be some variation between the description and images in any promotional material of the Food Products and the actual Food Products delivered due to availability of ingredients, seasonality, contingencies in the cooking and assembling process, in how the Food Products are packaged for transportation, and/or for any other reason.

10. Post-Delivery
    • The Customer releases and indemnifies the Caterer against any loss, damage or claims that may arise as a result, directly or indirectly, of the conduct of the Customer or any third party in the acceptance of delivery or receipt of any order or Food Products or the compliance with any instructions provided to by the Caterer in respect of the Food Products.
    • The Customer acknowledges that they are solely responsible for reading and complying with all instructions for the preparation, assembly and storage (as applicable) of the Food Products as specified on the Website or otherwise notified to the Customer.

PART 3 – Catering Services

11. Supply of Catering Services
    • The Caterer will supply the Catering Services for the Function on the Date, beginning at the Start Time and finishing at the End Time. The Customer will pay the Price at the times stated in this Agreement.
    • A binding Agreement between the Caterer and Customer will come into being only when the Caterer accepts the order and the Customer pays the Deposit, and may only be terminated thereafter in accordance with this Agreement.
12. Deposit, Price, and payment

Deposit

• The Customer shall pay fifty percent (50%) of the total amount quoted for the Catering Services at the time of placing the order for the Catering Services (unless agreed otherwise in writing) (Deposit).
• The Deposit is non-refundable and non-transferable.

Payment of balance

• The Customer must pay the balance of the Price fourteen (14) days prior to the Date of the Function, failing which the Caterer shall be entitled to terminate this Agreement, retain the deposit and take action against the Customer in respect of the balance of the Price.
• All amounts stated shall be exclusive of any GST that may be charged by the Caterer to the Customer, and therefore, the Caterer will be entitled to add on GST.

Calculation of Price

• The Price is calculated, in part, on the following:
  • the number of adults and children who will be attending the Function;
  • the type of Food Products selected;
  • the day the Function is to take place; and
  • the time of day when the Function will be held.
• If the Customer requests a change to any of these variables after the order is placed, then the Caterer will have the right to recalculate the Price payable by the Customer. Any additional balance is to be paid within 24 hours of the Customer being notified of the additional balance.

Increase of Price

• If there is a period of more than 30 days between the date when the Customer places an order and the date when the Caterer buys the food, drink and ingredients then the Caterer reserves the right to increase the Price to cover any increase in the cost of those items.
• If the Customer does not wish to pay the new price, then they may terminate this Agreement within three (3) business days of being advised of the new Price. If the Customer does terminate the Agreement in these circumstances, any such termination shall be subject to the Customer paying for the reasonable costs, expenses or other amounts which the Caterer cannot reasonably avoid at the time of the termination of the Agreement.

13. Cancellations and changes in the number of persons attending a Function
    • If the Customer terminates the Agreement at any time more than fourteen (14) days prior to the Function, then the Deposit paid by the customer is forfeited in full and the Customer shall have no claim against the Caterer in respect of same. The Customer shall not be required to pay the remainder of the Price.
    • If the Customer terminates the Agreement fourteen (14) days or fewer prior to the Function, then the Deposit and Price paid by the customer is forfeited in full and the Customer shall have no claim against the Caterer in respect of same.
    • The Customer acknowledges and agrees that these clauses are necessary and reasonable given the Caterer:
      • would have purchased food and other consumables in advance to be used at the Function, which may be perishable and not able to be used elsewhere.
      • would have made arrangements and carried out significant planning for providing the Catering Services at the Function.
    • If the Customer reduces the number of persons attending the Function more than fourteen (14) days before the Date, then the Caterer will where possible reduce the Price to reflect the reduction in numbers.
    • If the Customer reduces the number of persons attending the Function less than fourteen (14) days before the Date, then the whole of the Price will be payable.
    • The Customer may increase the number of persons attending the Function at any time until two weeks prior to the Start Time. In the event that the number of persons attending is increased after the Price has been paid in full by the Customer, then the Caterer shall issue an additional invoice for the additional persons, which shall be payable by the Customer before the Function. The Caterer reserves the right to refuse to complete the Catering Services until such time as any additional invoice has been paid in full.
14. Caterer requirements
    • On the Date, the Caterer shall require access to the Location:
      • at least one hour before the Start Time; and
      • for at least one hour after the End Time to clean up and clear away, if part of the Catering Services ordered.
    • During the Function the Customer shall ensure that the Caterer has access to the Location.
    • While the Function is taking place the Customer must ensure that the Caterer:
      • has access to a sink with hot and cold water supply;
      • has access to the Facilities;
      • has access to general waste and recycling bins;
      • has use of electricity from standard Australian sockets;
      • has use of a toilet and washing facilities; and
      • has use of a parking space (or parking permit if required) throughout the time the Caterer is providing the Catering Services at or in immediate proximity to the Location.

15. Customer obligations
    • The Customer will:
      • make the Location and Facilities available on the Date;
      • ensure that the guests and other persons attending the Function behave in a polite and reasonable manner to the Caterer and its staff during a Function and that those persons do not engage in threatening or offensive behaviour or make or use threatening, offensive, derogatory, sexual or racial comments or words. If the Customer or any of guests or other persons attending the Function do behave in any of these ways, the Caterer will have the right to immediately stop providing the Catering Services; and
      • finish the Function by the End Time.
    • The Customer agrees that if the Function continues beyond the End Time, the Customer will pay the Caterer’s reasonable additional charges and expenses on the day.
    • If children are to be present at the Function:
      • The Customer will ensure that there are a sufficient number of adults present to properly supervise them and take care of them in case of accidents or other events; and
      • The Customer acknowledges and agrees that the Caterer will not be responsible for supervising or taking care of children or deal with any matter where their health or care is involved.

16. Liability and indemnity
    • The Caterer shall not be liable to compensate the Customer for, and shall be indemnified by the Customer against any loss or damage, including but not limited to loss, harm or damage:
      • Which is the fault of the Customer or its guests or agents;
      • Caused by a third party unconnected with the provision of Catering Services under this Agreement; or
      • events which the Caterer could not have foreseen or forestalled even if the Caterer had taken all reasonable care.

unless caused by a negligent act or omission by the Caterer.

17. Duration and termination
    • This Agreement will come into effect on the date that the Caterer accepts the Order and the Deposit is paid by the Customer, and, unless terminated earlier or as otherwise provided in this Agreement, will terminate automatically when the Caterer has completed performing the Catering Services.
    • On termination, the Customer must pay all amounts falling due for payment after the date of termination for commitments the Caterer has reasonably and necessarily incurred for the performance of the Catering Services prior to the date of termination.
18. Subcontracting
    • The Caterer can allow others (either in place of the Caterer or together with the Caterer) to provide the Catering Services.
    • If other persons perform the Catering Services the Caterer will still continue to be responsible for the performance of the Catering Services and the Caterer’s obligations under this Agreement.

PART 4 – COVID-19

19. Government Restrictions
    • The Caterer is dedicated to keeping its employees, Customers, contractors, delivery drivers and members of the public safe. In response to the COVID-19 pandemic, the Caterer will continue to monitor and implement safety strategies and protocols as deemed necessary and in compliance with the requirements of the Department of Health and Human Services.
    • In the event of a Government mandated lockdown is announced after an order is placed but before the Delivery Date/Function date, then the following shall apply:
      • If any Food Products have already been prepared, and/or the lockdown announcement made is within fourteen days of the Customer’s Delivery and/or Function date, the Customer is liable for the full Price, even if the Customer’s event does not proceed. The Caterer shall either:
    • (a) Package and deliver the Food Products to the Customer; or
    • (b) Donate the food on the Customer’s behalf to a charity of the Caterer’s choosing.
      • If the lockdown announcement is made more than fourteen days prior to the Customer’s Delivery and/or Function date, the Customer shall be entitled to:
    • (a) a credit in the sum of any Deposit paid for use in rescheduling the Function; and
    • (b) if the Price has been paid in full, a refund of any amount paid in excess of the Deposit.