info@thefoodartbox.com.au

Online Ordering
1. The Client acknowledges and agrees that:
(a) The food art box does not guarantee the websites performance or availability of any of its Goods; and
(b) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and
(c) there are inherent hazards in electronic distribution and as such the food art box cannot warrant against delays or errors in transmitting data between the Client and the food art box including orders, and you agree that to the maximum extent permitted by law, the food art box will not be liable for any losses which the Client suffers as a result of online-ordering not being available or for delays or errors in transmitting orders.
1.2 the food art box reserves the right to terminate your order if it learns that you have provided false or misleading information, interfered with other users or the administration of the food art box Services, or violated these terms and conditions.

2. Errors and Omissions
2.1 The Client acknowledges and accepts that the food art box shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by the food art box in the formation and/or administration of this contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the food art box in respect of the Services.
2.2 In the event such an error and/or omission occurs in accordance with clause 4.1, and is not attributable to the negligence and/or wilful misconduct of FCE; the Client shall not be entitled to treat this contract as repudiated nor render it invalid.

3. Change in Control
3.1 The Client shall give the food art box not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by the food art box as a result of the Client’s failure to comply with this clause.

4. Price and Payment
4.1 At the food art box's sole discretion, the Price shall be either:
(a) as indicated on any invoice provided by the food art box to the Client; or
(b) the food art box’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
4.2 the food art box  reserves the right to change the Price if a variation to the food art box’s quotation is requested. Variations will be charged for on the basis of the food art box’s quotation, and will be detailed in writing, and shown as variations on the food art box’s invoice. The Client shall be required to respond to any variation submitted by the food art box within ten (10) working days. Failure to do so will entitle the food art box to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
4.3 At the food art box’s sole discretion, a deposit may be required.
4.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the food art boxFCE, which may be:
(a) on delivery of the Goods;
(b) before delivery of the Goods;
(c) by way of instalments/progress payments in accordance with the food art box’s payment schedule;
(d)fourteen (14) days from the date of any invoice given to the Client by the food art box:
(e) the date specified on any invoice or other form as being the date for payment; or
(f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the food art box.
4.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and the food art box.
4.6 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the food art box nor to withhold payment of any invoice because part of that invoice is in dispute.
4.7 Unless otherwise stated the Price do include GST. In addition to the Price, the Client must pay to the food art box an amount equal to any GST the food art box must pay for any supply by the food art box under this or any other contract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

5. Delivery of Goods
5.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that:
(a) the Client or the Client’s nominated carrier takes possession of the Goods at the food art box’s address; or
(b) the food art box (or the food art box’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
5.2 At the food art box’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.
5.3 Any time specified by the food art box for delivery of the Goods is an estimate only. The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. The food art box will not be liable for any loss or damage incurred by the Client as a result of delivery being late. In the event that the Client is unable to take delivery of the Goods as arranged then the food art box shall be entitled to charge a reasonable fee for redelivery and/or storage.
5.4 the food art box may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

6. Risk
6.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
6.2 The final confirmation and menu selections, guaranteed number of guests, venue address and serving times must be provided to the food no later than five (5) working days prior to the function that catering is required for. At the food art box’s discretion, changes to the number of guests may be accepted with less than five (5) working days’ notice.
6.3 Due to the nature of products such as produce, fish, and/or game, the food art box does not guarantee the supply of any specific type of produce, fish or game at any particular time (including but not limited to the effects of weather, algae bloom, and seasonal produce).
6.4 Any alleged claims of contamination, accidental inclusion or food borne illnesses must be reported to the food art box’s management in writing as soon as reasonable practicable. The food art box reserves the right to inspect any items attributed to the claim and have the items tested by an independent laboratory before any public claims, statements or dissemination of information in any format including social media.
6.5 The food art box has product safety and product recall procedures in place which will conform to the requirements of all laws and the recommendations of the Australian and New Zealand Food Authority.

7. Customer’s Obligations
7.1 Any and all food allergies that may be applicable must be disclosed to the food art box at the time that the catering is booked, as some food allergies can be serious, and even fatal. Whilst the food art box shall endeavor to limit any cross-contamination of allergens, the Client accepts that as all food is prepared in one kitchen, there can be no guarantee that specific foods will be allergen free during preparation or presentation. Although the food art box may provide dietary labelling as a guide the food art box  will accept no liability for the supply of foods that cause an allergic reaction.

8. Compliance with Laws
8.1 The food art box  warrants that Goods manufactured on its registered premises, and supplied to all Client, comply safety regulations and standard industry principles and is eminently suitable for public consumption and thereby compliant with the Australia New Zealand Food Standards Code.
8.2 Where applicable, the food art box shall comply with all requirements necessary under the Liquor Act 2007 and any legislative requirement that may supersede that Act. In doing so, the food art box shall reserve the right to request the Client and/or patrons of the Client’s event to provide evidence of proof of age.

9. Title
9.1 The food art box and the Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid FCE all amounts owing to the food art box; and
(b) the Client has met all of its other obligations to the food art box.
9.2 Receipt by the food art box of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
9.3 It is further agreed that, until ownership of the Goods passes to the Client in accordance with clause 9.1:
(a) the Client is only a bailee of the Goods and must return the Goods to the food art box on request.
(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the food art box and must pay to the food art box the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for the food art box and must pay or deliver the proceeds to the food art box on demand.
(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of the food art box  and must sell, dispose of or return the resulting product to the food art box as it so directs.
(e) the Client irrevocably authorises the food art box to enter any premises where the food art box believes the Goods are kept and recover possession of the Goods.
(f) the food art box may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the food art box.
(h) The food art box may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.