WOOFYS TERMS & CONDITIONS – AUSTRALIA

Acceptance of Terms and Conditions

By accessing this website, you agree to be bound by these Terms and Conditions, applicable laws and regulations and their compliance. You shall be deemed to have agreed to the Terms and Conditions of use, by your continued use of and/ or continued access to this website.

The provision of an invoice for products and services of Woofys Grill Pty. Ltd. “Woofys” will deem you in agreeance with these Terms and Conditions. These Terms and Conditions shall apply to all contracts for the supply of service by the Supplier to the Client and shall prevail over any other documentation of communication between the Supplier and Client. Any variations to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier. Woofys may amend the Terms and Conditions from time to time, together with any documents, policies, or terms by updating the Woofys website. Any amended Terms and Conditions shall be deemed to be binding and effective immediately. Accordingly, you should periodically review the Terms and Conditions.

1. Definitions

1.1  “Client” means any person who requests Woofy’s Grill Pty. Ltd. “Woofys” Services and Equipment, including its employees, agents and associates.

1.2 “Supplier” means Woofys Grill Pty. Ltd. (“Woofys”) ACN 160 390 205, its employees and agents.

1.3 “Terms” means these Terms and Conditions.

1.4 “Event” means the time and date upon which the Client has booked the Services of the Supplier.

1.5 “Services” means the services provided by the Supplier to the Client as stated in the invoice.

1.6 “Equipment” means carts, bars, props, appliances and machinery provided to the Client by the Supplier to complete the Event.

1.7 “Venue” means the location where the Event occurs.

1.8 “Dry Hire” means the hire of the Suppliers assets without any other goods and services.

2. Confirmation of Booking

2.1 The Client agrees to the Suppliers Terms and Conditions, upon accepting the quote provided – either by accepting the quote through Xero or by written acceptance.

2.2 Upon acceptance of the quote, the Supplier requires a 50% deposit to be paid at the time of booking to secure the event. No dates, equipment, branding or perishables will be reserved until the 50% deposit has been received or bank remittance is provided.

2.3 The Client must pay the balance payment seven business days prior to the Event date. Remittance advice is required for all deposits.

2.4 Payment can be made via direct deposit or credit card online.

2.5 Payment in arrears will be by prior written agreement only.

2.6 In the event that a booking is made within 72 hours, full payment of invoice is required at time of booking.

2.7 The Client agrees that any food or beverages served on consumption, incidentals and breakages will be paid on an itemised invoice within three business days after the invoice is issued.

2.8 Payment by credit card attracts a fee of 1.75% on Invoice Total for Mastercard, VISA and AMEX. This fee will not be refunded in the event of refund.

2.9 At no time shall the Supplier refund the difference should the price of the Service decrease.

2.10 Quotes are valid for 90 days only. If events are further than six months from date of quote we cannot guarantee price variation will not occur. The Supplier will quote up to six months in advance, however to secure a quoted price, a deposit payment within 90 days of the initial quote must be made.

3. Cancellations and Refunds

3.1 In the instance of an Event cancellation by the Client, the Supplier has the right to on charge all costs already incurred by the Supplier at the time of cancellation which includes but not limited to branding, perishables, packaging, staffing, florals, props, administration, etc.

3.2 Cancellation on any custom/ special order items which have already been placed by the Supplier, must be paid in full by the Client.

3.3 If the Client cancels an Event within 48 hours of the Event date, 100% of the Event fee is non-refundable. The Supplier may make adjustments this at their discretion.

3.4 If the Client decides to engage the Supplier for a reduced time period on the day/s of the Event, the Client will not receive a refund for any time changes.

3.5 The Supplier cannot provide a refund in the event of bad weather. It is the responsibility of the Client to provide the Supplier with a wet weather plan for the Event date.

3.6 All deposits for cancelled Events will be converted to a credit note for the Client to use for future bookings (within six months), and not refunded in cash.

3.7 Rebooking of a cancelled or postponed event is dependent upon availability of Equipment and Services requested.

4. Client’s Obligations

4.1 Confirmation of final guest numbers are to be provided 7 working days for standard menu items, and in accordance with relevant lead times detailed to the Client for any custom/ branded / special items.

4.2 If final numbers decrease after given time frames have lapsed, the full cost of the original numbers will still apply.

4.3 If final numbers increase after given time frames have lapsed, the Supplier cannot guarantee accommodation.

4.4 Notification of any/all dietary requirements is required no later than seven business days prior to the Event.

4.5 All Event details, timings, power supply, run sheets, bump in and bump out details, contacts, locations, and other specifics are required seven business days prior to event to ensure smooth delivery. The Supplier cannot take responsibility for any delays to the delivery of the Event if the Client has failed to provide this information within the timeframe.

4.6 The Supplier reserves the right to charge an additional fee for Events that require a difficult set up, which has not been communicated prior to the Event delivery.

4.7 Any Equipment provided by the Supplier will remain the property of the Supplier and be returned in the state of which it was delivered.

4.8 Power supply: The Supplier requires access to power supply for various Events including but not limited to coffee service, food service, gelato/ iced treat service, etc. The Client must ensure there is a power supply available (as communicated at the time of booking) within 10 meters of the set up location of the carts, bars, stands. The Client must provide sufficient power with a dedicated single circuit for Supplier assets. The Supplier will not be responsible for any service being suspended due to incorrect power supply.

4.9 If there is no power supply available, it is the responsibility of the Client to advise the Supplier within seven business days of the Event. The Client will incur additional hire costs for the Supplier to provide generator/s (available for outdoor events only).

4.10 For a standard service, the Client will ensure the Supplier has access to the Venue at least one hour prior to the Event start time for setup and at least one hour post event to dismantle the Event. This may vary depending on the requested services, and additional time will be requested by the Supplier at the time of booking.

4.11 The Client must ensure a suitable flat surface service area is provided for the relevant asset. For any carts, bars, stands the Supplier requires 2.5m x 2.5m area. For the Wagon we require a 5m x 5m area.

4.12 The Client must ensure any stairs, lifts, or other difficult access issues are communicated with the Supplier prior to the Event. Access will be reviewed by the Supplier and additional charges will be incurred if deemed appropriate.

4.13 It is the Client’s responsibility to ensure children and guests are kept away from any hot or potentially dangerous Equipment including cooking, coffee and bar Equipment.

4.14 In the event of wet weather, it is the Client’s responsibility to provide the Supplier with an undercover area for set up. If a suitable area is not provided the Supplier may not be able to execute the Event, and cannot refund the Event.

5. Catering & Bar Service

5.1 Final Event catering numbers are menu choices are required seven working days prior to the Event date.

5.2 Catering quantity changes may be requested up until seven working days prior to the Event, however increases / decreases are subject to availability and third party Terms and Conditions.

5.3 Notification of any/all dietary requirements is required no later than seven business days prior to the Event. We do not stock dietary specific provisions if not notified.

5.4 Allergens Disclaimer – whilst the Supplier does its best to ensure no cross contamination of food items in food preparation and food service, we cannot guarantee it will not occur. Food items may be prepared in the same kitchen where allergens are present – including meat, wheat/gluten, milk, eggs, peanuts, tree nuts, sesame seeds, fish, shellfish, soy, concentration of added sulphites and lupin. Prepared/ pre-packaged products used may also be prepared in premises where allergens are present.

5.5 Due to health and safety procedures, no food/ingredients will be left on site from the Supplier after the completion of the event.

5.6 For any Events where the Supplier is providing alcohol at the Client’s request, the Client must also allow provisions for food and water to be served to guests.

5.7 Liquor licencing for Events is subject to availability, event particulars and information provided by the Client to the Supplier. For some locations, a lead time of 28 days is required for licencing and service of alcohol.

5.8 The Supplier will provide RSA qualified staff for any Events where alcohol service is required.

6. Branding and Artwork

6.1 All print ready artwork and branding files are required to be delivered to the Supplier by the Client, seven business days prior to the Event date.

6.2 If the Client fails to deliver artwork within the supplied timeframe and in the correct format, the Supplier may apply rush fees of between 25% and 75%, depending on timelines.

6.3 The Supplier will supply a print proof to the Client for approval. Any artwork changes by the Client will incur an additional cost.

6.4 The Supplier reserves the right to accept or refuse any further changes once artwork has been confirmed.

6.5 If the Client requests the Supplier to create print ready artwork, this will be subject to availability and additional fees will apply based on the complexity of the artwork.

6.6 The Supplier must provide all branding items for the Supplier’s assets, and prohibits the Client from applying their own printing / branding / artwork to our Equipment.

7. Dry Hire

7.1 The Equipment will only be used for a proper purpose and for which it has been designed, manufactured and supplied.

7.2 All Equipment provided by the Supplier to the Client must be returned in the same condition as which it was delivered.

7.3 The Supplier reserves the right to refuse the hire of certain Equipment to the Client without its staff who are trained in the operation of the Equipment.

8. Damage/Breakages 

8.1 The Supplier reserves the right to on charge the Client the full cost of any Equipment that is damaged, destroyed or lost during an Event.

The client shall without limitation be liable for;

(a) any costs incurred by The Supplier in repairing or replacing the Equipment;

(b) hire charges for the Equipment until the Equipment is repaired or replaced; and

(c) any other costs whatsoever incurred or loss suffered by The Supplier as a result of the damage to or loss of the Equipment.

9. Staff

9.1 By law, the Supplier is required to offer staff a minimum shift time of 3 hours. A minimum charge of three hours for any staffing will be billed to the Client. This includes a minimum service time of 1 hours plus bump in and bump out.

9.2 By law, staff are required to have meal breaks and rest breaks;

  • More than 5 hours worked and up to 5 elective 30 minutes meal break
  • More that 6 hours worked and up to 8 compulsory 30 minute meal break (to be taken after the first 2 hours of work and within the first 6 hours of work
  • More than 8 hours and up to 10 compulsory 30 minute meal break (to be taken after the first 2 hours of work and within the first 6 hours of work plus a 20 minute rest break (may be taken as two 10 minute breaks)
  • More than 10 hours compulsory 30 minute meal break (to be taken after the first 2 hours of work and within the first 6 hours of work plus two 20 minute rest breaks

9.3 The Client must cover weekend rates and/or public holiday rates for any Events service or bump ins / bump outs that are to occur on weekend or public holidays – as per Industry Award Standard. This applies to both Event staffing and bump in and bump out requirements.

9.4 If the Client requests changes to the Event times, days or other staffing changes, staff rates in line with the changes will apply. Alterations within 24 hours of event may incur additional charges to the Client.

9.5 Extended Scope Bump In and Bump Out will be charged to the Client if staff access to the Event or Venue is deemed difficult, or the requested asset supplied requires additional staffing to deliver and collect the item.

10. Location

10.1 A travel fee applies to Events conducted outside the Melbourne, Sydney and Brisbane metro areas. Any locations which require travel greater than 40km from the CBD will attract additional charges. Further details on travel fees can be provided on request (based on kms travelled). The Supplier reserves the right to apply this to any events where a location has changed from what was originally quoted. 

10.2 Dependent on location, service times and service periods of certain Events, additional Travel, Accommodation and Meal Allowance fees may be charged to the Client.

10.3 If the Event is at a public area that is not a privately owned Venue, the Client must ensure relevant permits and permissions are obtained from authorities. A copy of these permits/ permissions must be provided to the Supplier within seven business days of the Event.

10.4 The Supplier will not provide a refund for the Event to the Client if they have not obtained the relevant permits within the specified timeframe.

11. Suppliers Obligations

11.1 The Supplier will deliver the Services as agreed and set out in the Client invoice, with reasonable skill and care, in accordance with recognised standards and codes of practice.

11.2 The Supplier ensures it will deliver the Services with all relevant permits, licences and insurances, and keeps these up to date at all times.

12. Outstanding Accounts

12.1 For any overdue accounts, the Client will be subject to interest at the rate of 13% p.a. (compounded daily), calculated for the period the account is due until the date it is paid.

12.2 In the event where an overdue account is referred to a collection agency and/or law firm, the Client will be liable for all costs incurred until the debt has been collected in full, including commission on collection of the additional costs and also including legal demand costs.

13. Limitation of Liability

The Supplier shall not be liable for any death, personal injury, loss or damage suffered by the Client or any associated third parties, as a result of negligence, breach of contract or otherwise in connection with the Services.

To the full extent permitted by law, all warranties, conditions and guarantees that may otherwise apply or be implied are excluded and the Supplier’s only obligation resulting from a breach by it or of any condition, warranty or guarantee that cannot be excluded is limited to replacing the Equipment or supplying Equipment similar to the Equipment, repairing the Equipment, paying the cost of replacing or repairing the Equipment.

The Supplier will not be held responsible for:

  1. Scratches on the venue floor
  2. Drink, liquid or food spillage
  3. Damage caused by guests/ guests actions

Where the venue requires the floor to be protected underneath Equipment, it is the Client’s responsibility to ensure that the floor is covered prior to the Supplier’s arrival for setup.

14. Insurance

The Client will maintain appropriate insurance policies at their own expense, for their Event (a) for theft and damage to any Equipment hired in an amount not less than the full replacement cost of the Equipment; and (b) for liability, property and casualty insurance coverage in amounts necessary to fully protect the Supplier and its Equipment against all claims, loss or damage whatsoever.

15. Force Majeure

If the Supplier is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war), the Supplier may give written notice to that effect to the Client, giving full particulars of such force majeure in which case the obligations of the Supplier under these Terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The Supplier shall not be liable for any loss or damage suffered by the Client as a result of any delays caused by such force majeure events.

16. Severance

If any of the Terms and Conditions becomes void or unenforceable for any reason then that part will be severed from these Terms to the intent that all other parts that do not become void or unenforceable will remain in full force and effect and be unaffected by any severance of other parts. Failure by the Supplier to insist upon strict performance of any of these Terms, or to exercise in whole or in part any right that it may have under these Terms or at law, shall not be deemed to be a waiver of any rights that the Supplier may have and shall not be deemed a waiver of any subsequent breach by the Client of any of these Terms.

17. Dispute

In the event of a dispute between the Supplier and Client concerning an Event and the interpretation of these Terms and Conditions, whereby the matter is not resolved within 30 business days, both parties must endeavour to resolve the dispute using informal resolution techniques such as mediation or other techniques agreed by the parties. If the dispute is not promptly resolved, both Supplier and Client may give notice to the other of their intention to refer the dispute to a third party. The Supplier or Client will incur their own costs of dealing with any disputes including but not limited to the costs incurred by any legal professional, mediator, etc.

18. Jurisdiction

These Terms and Conditions are governed by the law of Australia, and the Client and Supplier submit to the jurisdiction of the relevant state within the Australian courts.

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