TERMS AND CONDITIONS

1. GENERAL

Black Swan Catering Co is committed to ensuring your Event is successful and enjoyable.  If you have any queries regarding our Terms and Conditions, please contact us.

2. DEPOSIT & PAYMENT FOR GRAZING TABLES

To secure your Event date, Black Swan Catering Co require a deposit to the sum of $200, with the balance being due and payable 1 week before the event. Until Black Swan Catering Co receive remittance of your Deposit amount, your date will not be secure.

If you fail to comply with the requirements this clause, then without prejudice to any of its other rights Black Swan Catering Co may do any or all of the following:

  1. cancel your Event at your expense, upon providing written notice to you;
  2. cease or suspend supply of any further Services under this Agreement to you;

3. EVENT CHANGES AND CANCELLATION

Due to some unforeseen circumstances, you may wish to cancel or change your Event date.  Any request to cancel or change an Event date must be made in writing via email to admin@blackswancatering.com.au.  Black Swan Catering Co is not liable for any loss or damage you may suffer by reason of requested changes or cancellation.

Cancellation – Where you cancel an Event date, Black Swan Catering Co will deal with payments you have made as follows:

Payment Cancellation Time Treatment
Deposit 90 or more days prior to Event date Full Refund of deposit received.
Deposit 30 to 89 days (inclusive) prior to Event date Black Swan Catering co retains 50% of the Deposit, and refunds 50% of the Deposit to you
Deposit 0 to 29 days (inclusive) prior to Event date Black Swan Catering Co retains 100% of the Deposit

In the unlikely event Black Swan Catering Co is unable to provide the Food or Services, it may cancel the Event under this Agreement.  If it does so, the Long Table Perth must return to you any and all monies you have paid to it, but otherwise to the maximum extent permitted at law is not liable to you for any loss or damage suffered.

Change – Black Swan Catering Co will do its best to accommodate a request for a change to your Event date.  However, Black Swan Catering Co can only accommodate changes of dates subject to availability. Please note that in the case of a change to your Event date, your Deposit will not be refunded but will instead be applied to secure your new date.

4. COOKING FACILITIES ON SITE (FOR STAFFED EVENTS)

It is your responsibility to provide Black Swan Catering Co with as much detail as possible in regards to the cooking facilities on site for your Event.  You must provide photos of the space / area to setup, together with sufficient details as to ovens, stove tops, power access and proximity of the kitchen to where your guests will be so as to allow Black Swan Catering Co to adequately plan and can be fully prepared for your Event.

5. RUBBISH DISPOSAL

The Black Swan Catering Co staff will neatly store filled rubbish bags in required / designated area, but will not remove rubbish from Event location.

6. TRANSPORT, PARKING FEES

Black Swan Catering Co will charge you a Transport Fee for events located more than 20km outside of Perth CBD, calculated with reference to the amount of time spent travelling to and from your Event, the amount of staff required for your Event, relevant arrival and departure times, and the amount of equipment Black Swan Catering Co is required to transport.  Please advise us of any directional needs, unmarked roads or any unmade roads. This Transport Fee is calculated and charged in accordance with the final, confirmed details provided by you.

The Black Swan Catering Co staff assigned to your Event require access to park at the front of your venue (or as close as possible) to at the very least unload the vehicles being used by Black Swan Catering Co to transport equipment, food and beverages.  To assist, please notify Black Swan Catering Co of loading zones, best parking or similar details when confirming your booking.  You must reimburse Black Swan Catering Co for any parking charges that apply and that are paid by Black Swan Catering Co in relation to providing its Services at your Event.

7. INSURANCE

Black Swan Catering Co holds the appropriate Insurance.  It is your responsibility to take out any insurance beyond the Insurance that you consider necessary or desirable.

8. FOOD BUSINESS LICENCE

The proprietors of Black Swan Catering Co have completed the necessary training and hold the appropriate licences to operate a catering business. A copy of our licences are available for inspection on request.

9. LIABILITY

Except as these Terms specifically state, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, acceptability, fitness for purpose, condition or description of the Food or Services or any contractual remedy for their failure.  However, nothing in these Terms restricts, limits, or modifies your rights or remedies against Black Swan Catering Co for a failure of a statutory guarantee under the Australian Consumer Law.

Black Swan Catering Co is not liable for any indirect or consequential losses or expenses suffered by you or any third party, howsoever caused, except to the extent of any liability imposed by the Australian Consumer Law.  Nothing in these Terms is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services that cannot be excluded, restricted or modified.

Black Swan Catering Co accepts no liability or responsibility for loss, damage, injury or illness of any kind whatsoever arising from any failure to comply with any dietary requirements that are not communicated to Black Swan Catering Co in accordance with these Terms.  Further, Black Swan Catering Co supplies its Food and Services to you subject to any express disclaimers as to the presence or potential presence of allergens.

10. GOVERNING LAW

The law of Western Australia from time to time governs these Terms.  You agree to the non-exclusive jurisdiction of the courts of Western Australia, the Federal Court of Australia, and of courts entitled to hear appeals from those courts.

11. FORCE MAJEURE

Save for any obligation on your part to pay any sum owing to Black Swan Catering Co, neither Black Swan Catering Co nor you will be liable in any way arising howsoever to the extent that they are prevented from acting by events beyond their reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, or acts or threats of terrorism or war.