Candy Mountain Foodservice Pty. Ltd. – trading as HUT DOG catering+ events (the Caterer)

With booking and making a down payment the Client agrees to the below terms and conditions:

1. The services delivered by the Caterer are contained and specified in the budget document as agreed on. Here you find all details of the services provided. Please make sure you check these details before booking the services.

2. The service is buffet-style (not table service), i.e. the guests come to the buffet station or bar and pick up food and beverages themselves unless otherwise agreed on.

3. For any BBQ-buffets the Client must provide a location suitable for either electrical or gas BBQ-cooking with sufficient ventilation. In the very unlikely case of any fire alarms caused by cooking fumes the Caterer, you acknowledge and agree that the Caterer is not liable for any associated loss Client incurs in connection with this.

4. The guest count at the time of booking is set at as per budget agreed on. After the booking the guest count may increase with sufficient notice. Additional cost will get budgeted separately.

5. You acknowledge and agree that the guest count can decrease by no more than 20% of the number agreed on, with a minimum 1 week notice required. Minimum $ orders apply.

6. The Caterer will provide service staff as per agreed budget. Staff can be either male or female and will be dressed in black pants, black t-shirts with black aprons unless otherwise agreed upon.

7. The Caterer will provide sufficient food for the guest count agreed on for the service time period as per budget. Food items leftover after all guests in attendance have been served and the service time agreed upon has been fulfilled will be taken away at clean-up. Because of health and safety regulations and variables in maintaining safe temperatures and storage of food items you acknowledge and agree we cannot leave leftovers with the Client. 

8. The Caterer reserves the right to collaborate with other caterers for larger events or liquor licensed caterings.

9. Liability: You acknowledge and agree that the Caterer will not be held liable for any damage to the venue or equipment or property or loss of property which may be caused by the Clients` guests or other service providers. The Caterer will be liable only for damage to rented equipment or property, or loss of property caused by its staff or agents.  Subject to clause 10, any liability of the Caterer for loss or damage, however caused or suffered by the Client in connection with this agreement will be limited to (at the election of the Caterer) the fees paid by the Client under the agreement or the re-performance of the services. To the extent permitted by law, the Caterer is not liable for any consequential loss however caused, suffered or incurred by the client, which includes loss of revenue, loss of reputation, indirect loss, loss of profits, loss of bargain, loss of actual or anticipated savings, lost opportunities (including opportunities to enter into arrangement with third parties), loss or corruption of data.  

10. If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service supplied by the Caterer in connection with this agreement, and the Caterer’s liability for failing to comply with that guarantee cannot be excluded but may be limited, clause 9 does not apply to that liability and instead the Caterer’s liability for such failure is limited to (at the election of the Caterer), in the case of a supply of goods, the Caterer replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, the Caterer supplying the services again or paying the cost of having the services supplied again.

11. The Client acknowledges and agrees that the Caterer will not be in breach of this agreement as a result of, or liable for, any failure or delay in the performance of the Caterer’s obligations under this agreement to the extent such failure or delay is caused wholly or partly, directly or indirectly, by a Force Majeure Event or any act or omission of the Client. A Force Majeure Event means any occurrence or omission outside the Caterer’s reasonable control, and includes:

a. a physical natural disaster including fire, flood, lightning or earthquake;

b. war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law;

c. epidemic, pandemic, quarantine restriction or related government imposed lockdown or restriction;

d. ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel;

e. confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency;

f. law taking effect after the date of this agreement;

g. strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to the Caterer or the Caterer’s subcontractors. 

12. Payments: The Client must pay 50% of the total budgeted cost into the Caterer`s nominated bank account to confirm the booking of the services. The remainder is required in full 1 week before the event.

13. Cancellation policy: With a down-payment the Client confirms the booking as per this budget. The Caterer will then keep the date free for the Client and book in food and beverages, staff and if applicable entertainment, hire equipment and other associated services as per this budget. Should it become necessary for the Client to terminate this Agreement, the following applies: The Caterer is entitled to retain a minimum twenty percent (20%) of the budget value plus any and all expenditures to date, including but not limited to contracted labour, special orders, rentals and/or proposals costs to cover the cost of booking on the event. If the event date is less than seven (7) days in the future, the Caterer shall be entitled to retain fifty percent (50%) of the budget value plus any and all expenditures to date, including but not limited to contracted labour, special orders, rentals and/or proposal costs. If the event date less than two(2) days in the future, the Caterer shall be entitled to retain hundred percent (100%) of the budget value.

14. Event postponements due to COVID-19 lockdown orders: The Caterer will use reasonable commercial endevaours to postpone the booking to a new date suitable for both the Client, the Caterer and associated services (such as entertainment, hire equipment -if applicable) within 1 year from the original event booking date. One postponement is free of charge. Any additional postponements will incur a $50 administration fee per event service booked.  Where the Client elects to postpone the event and the Caterer has incurred expenditures to date which are not refundable, including but not limited to contracted labour, special orders, rentals and/or proposals costs, the Client agrees to indemnify the Caterer for these costs.

15. Any changes agreed upon by the Caterer and the Client between the issue of the reservation fee invoice and the actual event will be added and a new final invoice will be presented. Payment for this invoice is expected before the day of the event.

15. Exclusions: The below services are excluded from the Caterers services and need to be provided by the Client as applicable: Rubbish removal, Cleaning of venue after event, Security services, Supply of sufficient electricity & water