“MBC” and “Mobile Beverage Catering” means the caterer, its employees and representatives.
“Function” or “Event” or “Booking” means your booking details as per your booking proposal and invoice issued by Mobile Beverage Catering.
“Venue” means the buildings, facilities, structures, equipment and area where the function is held.
1. How to secure your booking
To secure a booking, the Client (“You”) must:
(a) lodge a 10% deposit (GST inclusive) (the “deposit”) with Mobile Beverage Catering; and
(b) confirm your booking & payment via email.
(c) all bookings outside 50kms radius of Parramatta have a minimum $5000. Excludes labour, equipment hire, transport or accommodation.
Until the Deposit and confirmation email are received, Mobile Beverage Catering reserves the right to confirm other bookings in your preferred time slot without notice.
The Deposit is a fee payable by you to reserve your event. It will be refunded within fourteen (14) days of receipt of all amounts due and payable by you under these Terms & Conditions, subject to the following deductions.
Mobile Beverage Catering may deduct the following amounts from Your Deposit:
(a) the net cost of any repairs and/or replacements as a result of damage and/or theft of property at the Function venue caused by You, Your guests or Your contractors at any time;
(b) the net cost of any additional professional cleaning services which Mobile Beverage Catering may reasonably be required to engage as a consequence of accidents, spills or other damage to the Function venue caused by You, Your guests or Your contractors at any time (general cleaning is included in the Function fee);
(c) any additional amounts owed by You in accordance with these Terms and Conditions; and
(d) any other reasonable costs and expenses incurred by Mobile Beverage Catering as a consequence of your failure to comply with these Terms and Conditions.
In the event that the Deposit amount does not cover the amounts described above, then Mobile Beverage Catering will bill you for the excess amount owing, and You must pay that amount within 7 (seven) days of invoice.
3. Quote and final fee
The Quote is based on the package nominated by you and your estimated number of guests, and is calculated according to current prices and conditions. Whilst Mobile Beverage Catering uses its reasonable best endeavors when calculating your quote to cover contingencies, we reserve the right to revise the quote and/or amend the final fee payable by you if:
(a) You request any changes to items in the package selected by you; and/or
(b) any details of the function change, including the number of guests or the cost of goods and services acquired by Mobile Beverage Catering to fulfil your booking.
All prices quoted exclude GST, unless stated otherwise.
Mobile Beverage Catering reserves the right to apply a surcharge for functions held on public holidays.
5. Your payment obligations
You must provide final payment, menu selection, and final numbers of guests and details of any special requirements (including children’s meals) at least seven (7) days before the function.
If you are still awaiting confirmations, please supply us with a guaranteed minimum number of guests at that time, including an estimate of those still in doubt and an estimate of the number of children. This will be the minimum number of guests which will be catered for and charged. If:
(a) the guaranteed minimum number of guests fail to turn up for the function, Mobile Beverage Catering reserves the right to charge the full amount of the fee based on those minimum numbers, unless there are extenuating circumstances; or
(b) more than the guaranteed minimum number of guests turn up for the function, Mobile Beverage Catering will amend the final fee payable by you accordingly and bill you for the balance.
If you do not provide a guaranteed minimum number in the time specified then the numbers specified in the Booking Confirmation form will be taken as final.
You are responsible for payment of all fees and charges. You must pay the balance of any additional expenditure incurred during the function within seven (7) days of being invoiced (Mobile Beverage Catering may set off any additional amounts owed by you against the Deposit).
Payment may be made by the following methods: cash; Direct Debit; PayPal; bank cheque; money order; approved personal cheque (made out to Mathew Black); MasterCard, Visa or Bankcard.
Any challenge or objection to the invoiced amount should be made in writing to the Function coordinator, within five (5) working days of the invoice. Mobile Beverage Catering may suspend repayment of the deposit until any such disputes are resolved.
You may cancel your booking no less than seven (7) days prior to your function by written notice, subject to condition 7.
Mobile Beverage Catering may cancel your booking:
(a) if we have reasonable belief that you may not pay the amounts you owe and we have requested you to explain the position and you have failed to do so satisfactorily;
(b) if you have not paid the final payment under clause 5 or any other amount owing to Mobile Beverage Catering by the due date as required by these Terms and Conditions; or
(c) in accordance with condition 8.
7. Consequences of Cancellation
If a booking is cancelled Mobile Beverage Catering will lose the time it has spent on your booking up to the time of cancellation and any net expenses or costs it has already incurred in connection with the function up to the date you cancel your booking (“lost expenses”).
Therefore any cancellation by you of your booking under condition 6 will be dealt with as follows:
(a) Cancellation in the seven (7) days’ notice in writing – You will be required to reimburse Mobile Beverage Catering for any lost expenses.
(b) Cancellation by at least seven (7) days’ notice in writing– Mobile Beverage Catering will refund your deposit less any lost expenses and an administration fee of $500
If Mobile Beverage Catering cancels your booking under condition 6(a) we will refund your deposit, but reserve the right to set off against it any lost expenses.
If Mobile Beverage Catering cancels your booking under condition 6(b) we will give you a full refund.
If Mobile Beverage Catering cancels your booking for unforeseen circumstances in accordance with condition 8, we will provide a full refund to you (including Your Deposit).
Any term, condition or warranty which cannot legally be excluded or modified will be included in these Terms and Conditions only to the extent necessary to comply with that law. To the fullest extent permitted by law, our liability for any breach of such term, condition or warranty shall be limited, at our option, to any one or more of the following:
a) If the breach relates to goods:
i) the replacement of the goods or supply of equivalent goods;
ii) the repair of such goods
iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv) the payment of the cost of having the goods repaired; and
b) If the breach relates to services:
i) the supplying of the services again; or
ii) the payment of the cost of having the services supplied again.
8. Unforeseen Circumstances
While Mobile Beverage Catering will make every effort to provide catering on the date booked, it reserves the right to cancel a booking due to fire, flood or other natural disaster, labour troubles, disputes, strikes, pickets, accidents, government regulation and intervention, restrictions upon travel, delivery, transportation, equipment, food, beverage or supplies or utilities failure and other causes, whether enumerated herein or not, which are beyond the control of Mobile Beverage Catering.
9. Venue Hire
Mobile Beverage Catering will endeavour to communicate the function requirement to your chosen venue.
You accept that all communication to facilitate your function is your responsibility.
10. Changes to Terms and Conditions,
Mobile Beverage Catering may change or add to these Terms and Conditions for security, legal or regulatory reasons, but will give you at least one month’s notice of any such changes or additions.
Any error or omission in any information or document issued by Mobile Beverage Catering is subject to correction, provided that the correction does not materially affect the agreement between us.
11. Damage & Special Effects
You are responsible for taking all reasonable precautions to protect the venue, equipment, exhibits or other property of Mobile Beverage Catering. As indicated in condition 2, the cost of any damage caused through your own action, action of your guests, contractors or sub-contractors, before, during or after the Function, beyond normal wear and tear, is chargeable to you. Among other things you must not:
(a) affix any display material or theming to the walls, ceiling, doors or furnishings unless prior arrangements have been made with the Function coordinator;
(b) use any candles or lamps where the flame is unenclosed or operate any smoke machines, special effects, balloons and/or pyrotechnics without the prior approval of the Function coordinator, due to the effect on smoke detectors and concerns relating to occupational health and safety. If the Fire Brigade or other emergency service is called to respond to an alarm in the Function room which has been set off by such activity then you will be liable for any charges incurred.
You should arrange your own insurance for any liability you may incur under these Terms and Conditions, as you consider appropriate.
Mobile Beverage Catering reserves the right to exclude or eject any and all objectionable persons from the Function and/or the premises.
12. Damage and Loss of Personal Property
The staff at Mobile Beverage Catering will take reasonable care of all personal belongings. However, to the extent permitted by law, Mobile Beverage Catering will not accept responsibility for:
(a) any damage to or loss of goods and possessions belonging to you, your guests or your contractors on the premises, before, during or after a function;
(b) any loss or injury to you, your guests or your contractors prior to, during or after the function; or
(c) damage, loss or theft of any vehicles parked in the car park.
13. Fire Safety
You must assist us in ensuring that doors, hydrants and fire hose reels are not covered or obscured from view and must be readily accessible at all times. Exit signs must also be visible at all times.
14. Food and Beverage Policy
Mobile Beverage Catering is responsible for the provision of all food and beverage services in the function. No food or beverages of any kind (other than special occasion cakes) will be permitted to be brought in for consumption at the function by you or any of your guests. Gifts of such items will be allowed, but consumption of these items is not permitted.
Mobile Beverage Catering operates under a liquor Licence. It is a condition of this licence that:
(a) All alcohol consumed on the premises be purchased from and distributed by the licensee or their appointed representative;
(b) No alcohol may be taken off the premises; and
(c) No persons under 18 years of age shall consume alcohol.
In accordance with Responsible Service of Alcohol legislation and guidelines, all employees of Mobile Beverage Catering must refuse the service of alcohol to persons identified as being intoxicated. Mobile Beverage Catering also reserves the right to refuse service and/or remove from the function and our premises any person(s) behaving in an unacceptable manner.
It is your responsibility to ensure that all attendees behave in an orderly manner while in attendance.
15. Children’s Meals
Children under the age of three (3) years old are free, though no food and beverages will be provided.
Children aged three (3) to twelve (12) years old will be charged at half the adult guest price.
Specialty children’s meals will be provided on request, but you must order those with your Menu selection under condition 5.
Smoking is not permitted in any part of the function at Mobile Beverage Catering events while food is being prepared or serviced or consumed. Where you purchase catering as part of your booking, a specified smoking area will be designated outside.
You are responsible for ensuring parking access for Mobile Beverage Catering.
If you engage a band or other entertainment to appear at the function it is your responsibility to pay all costs of that entertainment and ensure that the performer complies with sound levels satisfactory under the Noise Control Act.
The Musician’s Award stipulates that musicians working four (4) hours or more must receive a main meal and soft drink. If there are any musicians who work four (4) hours or more they must receive a main meal and soft drink.
The musicians will be given their meals in the staff area, unless otherwise agreed with the Function Coordinator.
You must not allow any facility to be used for any illegal purpose.
You must indemnify Mobile Beverage Catering and its employees, officers and agents and keep indemnified from and against any loss, damage, action, suit, claim or demand whatsoever, including as a result of any act or omission by you or your guests, servants, agents or contractors before, during or after the function, arising out of or in connection with:
(a) your use of the function venue;
(b) any aspect of the function which has been organised by you; and/or
(c) any breach of these Terms and Conditions.
You should consider the need to arrange your own insurance, as appropriate.
19. Non Waiver
Any failure or delay by Mobile Beverage Catering to exercise its rights under these Terms and Conditions will not operate as a waiver of these rights. Any waiver by Mobile Beverage Catering of a breach of these Terms and Conditions by you must be in writing.
All timed packages we offer commences from pre-dinner drinks except where otherwise stated.
NO OUTSIDE FOOD OR BEVERAGE IS TO BE BROUGHT INTO THE FUNCTION.
All items delivered to Mobile Beverage Catering for the purposes of theming in the ceremony area of the reception area is at your own risk.
It is your responsibility to ensure the placement and the removal of these items for your ceremony and reception unless prior written permission with the staff at Mobile Beverage Catering.
The staff of Mobile Beverage Catering are not responsible for hanging any theme decorations.
By engaging in our services, you acknowledged and agree to these Terms and Conditions.