Terms of service

1.  Definitions

1.1  “FFAK” means Isbester Pty Ltd t/as Fit For A King (ABN 75 606 279 001), their successors and assigns, or any person acting on behalf of and with the authority of Isbester Pty Ltd t/as Fit For A King (ABN 75 606 279 001).

1.2  “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting FFAK to provide the Services as specified in any proposal, quotation, order, invoice, or other documentation:

  • (a) if there is more than one Client, is a reference to each Client jointly and severally;
  • (b) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
  • (c) includes the Client’s executors, administrators, successors and permitted assigns.

1.3  “Goods” means all Goods or Services supplied by FFAK to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.4  “Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between FFAK and the Client per clause 5 below.

1.5  “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth). 

1.6 "Business Day" means a day that is not a Saturday, a Sunday or a Public Holiday in the state of New South Wales, Australia.

2.  Acceptance

2.1  The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods.

2.2  These terms and conditions may only be amended with the consent of both parties in writing. They shall prevail to the extent of any inconsistency with any other document or contract between the Client and FFAK. 

2.3  Services are supplied by FFAK only on the terms and conditions of trade herein to the exclusion of anything contrary to the Client’s order, notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

2.4  Electronic signatures shall be deemed accepted by either party, providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.  

3.  Errors and Omissions

3.1  The Client acknowledges and accepts that FFAK shall, without prejudice, assume no liability in respect of any alleged or actual error(s) and omission(s):

  • (a) resulting from an inadvertent mistake made by FFAK in the formation and administration of this contract; and
  • (b) contained in/omitted from any literature (hard copy and electronic) supplied by FFAK regarding the Services.

3.2  In the event such an error or omission occurs per clause 3.1 and is not attributable to the negligence and willful misconduct of FFAK, the Client shall not be entitled to treat this contract as repudiated nor render it invalid.  

4.  Minimum Numbers and Cancellation

4.1  A minimum number of guests or items may apply to some orders or menu items. Should the Client's anticipated numbers reduce FFAK reserves the right to apply the minimums that were previously confirmed to FFAK by the Client.

4.2  Confirmation of any changes in numbers must be received in writing with sufficient notice to allow production to accommodate that change without wastage costs for FFAK.

4.3  All numbers confirmed two (2) Business Days prior to the catering event day by the Client will be regarded as the minimum number for catering and charging purposes by FFAK. After this date, increases in numbers can be accepted, but no decreases.

4.4  If the Client cancels delivery of Goods, the following conditions apply:

  • Cancellations made within one (1) Business Day before delivery will be liable to pay 100% of the total order value.
  • Cancellations made within two (2) Business Days before delivery will be liable to pay 50% of the total order value.
  • Cancellations made within three (3) Business Days before delivery will be liable to pay 25% of the total order value.
  • Cancellations made between three (3) and five (5) Business Days before delivery will be liable to forgo 50% of any deposits paid.
  • Cancellations made between five (5) and ten (10) Business Days before delivery will be liable to forgo 25% of any deposits paid.
  • Cancellations made between ten (10) and thirty (30) Business Days before delivery will be liable to forgo 5% of any deposits paid.
  • For cancellations made greater than thirty (30) Business Days before delivery, FFAK will refund any deposits the client has paid.

4.5  If delivery of Goods or Services needs to be rescheduled due to government-mandated COVID-19 restrictions, FFAK will transfer any monies in full over to a new event date that will be negotiated with the Client.
If delivery of Goods or Services needs to be cancelled up to three (3) Business Days prior due to government-mandated COVID-19 restrictions, FFAK will refund any monies received in full.

5.  Price and Payment

5.1  At FFAK’s sole discretion, the Price shall be either:

  • (a) as indicated on any invoice provided by FFAK to the Client; or
  • (b) FFAK’s quoted price (subject to clause 5.2), which will be valid for the period stated in the quotation or otherwise for thirty (30) days.

5.2  FFAK reserves the right to change the Price if a variation to FFAK’s quotation is requested. Variations will be charged based on FFAK’s quotation, detailed in writing, and shown as variations on FFAK’s invoice. The Client shall be required to respond to any variation submitted by FFAK within ten (10) Business Days. Failure to do so will entitle FFAK to add the variation cost to the Price. Payment for all variations must be made in full at their completion.

5.3  Due to the fact that many costs are incurred by FFAK on your behalf prior to the delivery of Goods or Services, FFAK requires:

  • (a) a minimum of 25% deposit to be paid with approval of FFAK's quotation; and
  • (b) a further 50% payment is required ten (10) Business Days prior to delivery

5.4  The Price for the Goods or Services will be payable by the Client on the date/s determined by FFAK, which may be:

  • (a) on delivery of the Goods;
  • (b) before delivery of the Goods;
  • (c) by way of instalments/progress payments per FFAK’s payment schedule;
  • (d) seven (7) days from the date of any invoice given to the Client by FFAK;
  • (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 is one (1) day following the date of any invoice given to the Client by FFAK.

5.5  Payment may be made by cash, cheque, bank cheque, electronic/online banking, credit card (a surcharge may apply per transaction), or any other method agreed to between the Client and FFAK.

5.6  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 FFAK nor withhold payment of any invoice because part of that invoice is in dispute. 

5.7  Unless otherwise stated, the Price does not include GST.

6.  Delivery of Goods

6.1  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 FFAK’s address; or
  • (b) FFAK (or FFAK’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.

6.2  At FFAK’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.

6.3  Any time specified by FFAK to deliver the Goods is an estimate only. The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. FFAK will not be liable for any loss or damage incurred by the Client due to late delivery. If the Client is unable to take delivery of the Goods as arranged, then FFAK shall be entitled to charge a reasonable fee for redelivery.

6.4  FFAK may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid per the provisions in these terms and conditions.  

7.  Risk

7.1  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.

7.2  The final confirmation and menu selections, the guaranteed number of guests, venue address and serving times must be provided to FFAK no later than two (2) Business Days before the function that catering is required for. At FFAK’s discretion, changes to the number of guests may be accepted with less than two (2) Business Days’ notice.

7.3  Due to the nature of products such as produce, fish, and game, FFAK does not guarantee the supply of any specific type of produce, fish, or game at any time (including but not limited to the effects of weather, algae bloom, and seasonal produce).

7.4  Any alleged claims of contamination, accidental inclusion or foodborne illnesses must be reported to FFAK’s management in writing as soon as reasonably practicable. FFAK reserves the right to inspect any items attributed to the claim and have the items tested by an independent laboratory before public claims, statements, or disseminating information in any format, including social media.

7.5  FFAK 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.  

8.  Allergy Disclaimer

8.1  Any food allergies that may be applicable must be disclosed to FFAK when the catering is booked, as some food allergies can be severe and even fatal.

8.2  FFAK will accept no liability for supplying foods that cause an allergic reaction.  

8.3  While FFAK shall endeavour to limit any cross-contamination of allergens, the Client accepts that all food is prepared in one kitchen that handles nuts, seafood, sesame seeds, wheat flour, eggs, fungi and dairy products, along with all manner of fruits, vegetables and meats, there can be no guarantee that specific foods will be allergen-free during preparation or presentation.

8.4  Individuals with health-threatening allergies or food intolerances might be best suited to provide their own food items.

9.  Compliance with Laws

9.1  FFAK warrants that Goods manufactured on its registered premises and supplied to all Clients comply with safety regulations and standard industry principles and are eminently suitable for public consumption, and comply with the Australia New Zealand Food Standards Code.

9.2  Where applicable, FFAK shall comply with all requirements necessary under the Liquor Act 2007 and any legislative requirement that may supersede that Act. In doing so, FFAK shall reserve the right to request the Client and patrons of the Client’s event to provide evidence of proof of age.  

10.  Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

10.1  The Customer must inspect the Goods on delivery and, due to the perishable nature of the Goods, must within twenty-four (24) hours of Delivery notify FFAK in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as possible after any such defect becomes evident. Upon such notification, the Customer must allow FFAK to inspect the Goods.

10.2  Under applicable State, Territory and Commonwealth Law (including, without limitation, the CCA), certain statutory implied guarantees and warranties (including, without limitation, the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

10.3  FFAK acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

10.4  Except as expressly set out in these terms and conditions or concerning the Non-Excluded Guarantees, FFAK makes no warranties or other representations under these terms and conditions, including but not limited to the quality or suitability of the Goods. FFAK’s liability regarding these warranties is limited to the fullest extent permitted by law.

10.5  If the Client is a consumer within the meaning of the CCA, FFAK’s liability is limited to the extent permitted by section 64A of Schedule 2.

10.6  If FFAK is required to replace the Goods under this clause or the CCA but cannot do so, FFAK may refund any money the Client has paid for the Goods.

10.7  If the Client is not a consumer within the meaning of the CCA, FFAK’s liability for any defect or damage in the Goods is:

  • (a) limited to the value of any express warranty or warranty card provided to the Client by FFAK at FFAK’s sole discretion;
  • (b) limited to any warranty to which FFAK is entitled if FFAK did not manufacture the Goods;
  • (c) otherwise, negated absolutely.

10.8  Subject to this clause 10, returns will only be accepted provided that:

  • (a) the Client has complied with the provisions of clause 10.1;
  • (b) FFAK has agreed that the Goods are defective;
  • (c) the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
  • (d) the Goods are returned in as close a condition to that they were delivered as possible.

10.9  Notwithstanding clauses 10.1 to 10.8 but subject to the CCA, FFAK shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

  • (a) the Client failing to chill or store any Goods properly;
  • (b) the Client continuing to consume Goods after any defect or spoilage becomes apparent or should have become apparent to any person;
  • (c) the Client failed to follow any instructions or guidelines provided by FFAK, including the temperature and how the Goods should be stored for the preservation of freshness;
  • (d) any accident or act of God.  

11.  Default and Consequences of Default

11.1  Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at FFAK’s sole discretion, such interest shall compound monthly at such a rate) after as well as before any judgment.

11.2  If the Client owes FFAK any money, the Client shall indemnify FFAK from and against all costs and disbursements incurred by FFAK in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, FFAK’s contract default fee, and bank dishonour fees).

11.3  Further to any other rights or remedies FFAK may have under this contract if a Client has made payment to FFAK, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by FFAK under this clause 11 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this contract.

11.4  Without prejudice to FFAK’s other remedies at law, FFAK shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled, and all amounts owing to FFAK shall, whether or not due for payment, become immediately payable if:

  • (a) any money payable to FFAK becomes overdue, or in FFAK’s opinion, the Client will be unable to make a payment when it falls due;
  • (b) the Client has exceeded any applicable credit limit provided by FFAK;
  • (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
  • (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.  

12.  Termination

12.1  Without prejudice to any other remedies FFAK may have, if the Client is in breach of any obligation (including those relating to payment) under these terms and conditions, FFAK may suspend or terminate the supply of Goods to the Client. FFAK will not be liable to the Client for any loss or damage the Client suffers because FFAK has exercised its rights under this clause.

12.2  FFAK may cancel any contract to which these terms and conditions apply or cancel delivery of Goods before the Goods are delivered by giving written notice to the Client. On giving such notice, FFAK shall repay the Client any money paid for the Goods. FFAK shall not be liable for any loss or damage arising from such cancellation.

13.  Service of Notices

13.1  Any written notice given under this contract shall be deemed to have been given and received:

  • (a) by handing the notice to the other party in person;
  • (b) by leaving it at the address of the other party as stated in this contract;
  • (c) by sending it by registered post to the address of the other party;
  • (d) by sending a short message service text message to the other party's known mobile number;
  • (e) by emailing the other party’s last known email address.

13.2  Any posted notice shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.  

14.  Trusts

14.1  If the Client at any time upon or after entering into the contract is acting in the capacity of trustee of any trust (“Trust”), then whether or not FFAK may have notice of the Trust, the Client covenants with FFAK as follows:

  • (a) the contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
  • (b) the Client has full power and authority under the Trust to enter into the contract, and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity, commit any breach of trust, or be a party to any other action that might prejudice that right of indemnity.
  • (c) The Client will not, without consent in writing of FFAK (FFAK will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events;
    • I. the removal, replacement or retirement of the Client as trustee of the Trust;
    • ii. any alteration to or variation of the terms of the Trust;
    • iii. any advancement or distribution of capital of the Trust; or
    • iv. any resettlement of the trust property.  

15.  General

15.1  The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to enforce that provision. Suppose any provision of these terms and conditions shall be invalid, void, illegal or unenforceable. In that case, the remaining provisions' validity, existence, legality, and enforceability shall not be affected, prejudiced or impaired.

15.2  These terms and conditions and any contract to which they apply shall be governed by New South Wales, Australia laws, and are subject to the jurisdiction of the courts in New South Wales, Australia.

15.3  Subject to clause 11, FFAK shall be under no liability whatsoever to the Client for any indirect or consequential loss and expense (including loss of profit) suffered by the Client arising out of a breach by FFAK of these terms and conditions (alternatively, FFAK’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

15.4  FFAK may licence and assign all or any part of its rights and obligations under this contract without the Client’s consent.

15.5  The Client cannot licence or assign without the written approval of FFAK.

15.6  FFAK may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of FFAK’s sub-contractors without the authority of FFAK.

15.7  The Client agrees that FFAK may amend these terms and conditions by notifying the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes or otherwise at such time as the Client makes a further request for FFAK to provide Goods to the Client.

15.8  Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, or other events beyond the reasonable control of either party.

15.9  Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to do so. They are not insolvent, and this contract creates binding and valid legal obligations for them.