BUSINESS ACCOUNT / ORDER TERMS AND CONDITIONS
A.B.N. 50 610 272 609
1. Scope of Terms & Conditions
1.1. Within this document of terms and conditions any context where “Supplier” is mentioned refers to any provider of products or services using the Company as its billing and collection agent.
1.2. Within this document of terms and conditions any context where “The Company” is mentioned refers Triple M Catering Pty Ltd.
1.3. Within this document of terms and conditions any context where “The Customer” or “Customer” is mentioned refers to registered users, account holders and businesses or charities registered with Triple M Catering for the purpose of using Triple M Catering’s services.
2. Customer’s Obligation to Pay
2.1. By Registering with Triple M Catering Pty Ltd the Customer agrees that they also register their place of employment. As such their place of employment wether be it a business or charity will be responsible for payment of any orders placed with Triple M Catering.
2.1.1. Exceptions occur where The Customer is registering as a private user, in which case all personal orders or private sales from Triple M Catering Pty Ltd to an individual require upfront payment by means of credit card or personal cheque or EFT or Cash payment. Services will not be provided until funds have cleared into our account.
2.2. The Customer undertakes to pay to the Company all amounts due within 7 days of the date of invoice. Invoices are emailed to you upon delivery or before delivery of your order.
2.3. “Late Payments”, payments not received within 7 days from the date on invoice will/may incur a late payment fee of $15.00 + gst.
2.4. Late payments not paid within 7 days after the late payment reminder will incur interest of 10% to cover banking , account keeping and administration fees + the late payment fee.
2.5. Late payments not received after final request will incur all recovery costs from collection agency. Fees range from 50% for amounts under $500.00 and 25% for amounts over $500.00. This will be added onto your invoice and must be paid in full to the collection agency.
3. Accepted Payment Methods
3.1. Customer payments shall be effected by way of cheque; electronic funds transfer, cash, Eftpos or our secure online credit card merchant facility.
3.2. The Customer’s business account will be credited from the date a payment is received by the Company, other than in the instance when a cheque is used as the method of payment.
3.3. Where the Customer pays by cheque the Customer’s business account will be credited by the amount of a cheque payment when the cheque is cleared.
3.4. Triple M Catering Pty Ltd accepts all major credit cards.
3.5. A deposit of 10% is required on private orders. Invoices are sent via your email address unless otherwise requested.
4. Customer Business Account Liability
4.1. The Customer acknowledges that it shall be solely responsible for and bear all risk associated with the Customer’s business account including implementing and maintaining a system of password protection. Should any misuse or unauthorised use of the Customer’s business account occur the Customer agrees to indemnify the Company against any loss, expense or claim thereby arising.
4.2. The customer can request their password be re-issued via email request to email@example.com
5. Limitation of Liability and Disclaimer
5.1. To the extent permitted by law, the Triple M Catering Pty Ltd will have no responsibility or liability for:
5.1.1. Any refusal by a Supplier or any other person to supply the product the Customer seeks to purchase using the Customer’s business account, regardless of the reason for that refusal;
5.1.2. Any deficiency or defect in the product purchased by the Customer using the Customer’s business account including any deficiency in the product’s fitness for purpose or merchantability;
5.1.3. Any claims or damages including but not limited to claims relating to the use or misuse of the Customer’s business account or the direct debiting of the Customer’s bank account.
6. Risk in Product
6.1. Products purchased by the Customer from the Triple M Catering Pty Ltd will be at the Customer’s risk upon delivery to the Customer or such place as specified by the Customer or into the Customer’s custody (whichever occurs first).
6.2. Triple M Catering Pty Ltd will endeavour to place products in fridges where available and encourages the customer to utilise all products within 2 hours or being delivered / left out of fridge.
7. Customer Information and Credit Checks
7.1. The Customer hereby agrees that the Company may seek such consumer information (section 18k(1)(b) and (h), Privacy Act 1988) and trade references (section 18N(1)(b) Privacy Act 1988) as the Company considers either relevant or necessary for the purpose of assessing the Customer’s business account application.
7.2. The Customer agrees to the Triple M Catering Pty Ltd obtaining from an account-reporting agency an account report containing accounts information about the Customer.
7.3. The Customer further agrees that the Triple M Catering Pty Ltd may give to and seek from any account providers named in this business account application information about the Customer’s account arrangements. The Customer understands that this information may include any information about its account worthiness, account standing, account history or account capacity that account providers are allowed to give to or receive from each other under the Privacy Act.
8. Change in Circumstances
8.1. The Customer undertakes to notify the Triple M Catering promptly of any change in the Customer’s name, address, email, fax or telephone number or any significant change or deterioration in the Customer’s financial position (including, but not limited to, any significant increase in the Customer’s overall indebtedness) and of the occurrence of any default event as described in clause 5.
9. Order Terms
9.1. Confirmation of Your Booking
An email of your order represents a confirmation of your order, unless the email states that it is a quote. The order will be delivered and prepared as per the details on you email. Please note that your order will arrive within a window of your desired delivery time. IMPORTANT: It is your responsibility to review the details of your order and notify Triple M Catering of any omissions or corrections. Your invoice will reflect the items and prices outlined within this confirmation.
9.2. Order Cancellation
Triple M Catering Pty Ltd will accept cancellation of orders up until 2 FULL Business Days prior to the event. Orders cancelled after this time may incur cancellation charges (25%). Changes made 24 hours prior to delivery may incur additional charges or may not be accepted. Triple M Catering will do its best to minimize charges for you. During the Christmas Season and Melbourne Cup, cancellation of orders will incur a 25% cancellation fee if cancelled with less than 5 days notice, and a 100% cancellation fee if cancelled less than 2 day prior to the event. Cancellation of orders is not accepted on the day catering is being delivered.
9.3. Basket, Platter, Chafing Dish and all other equipment Collection
Triple M Catering will collect their baskets, platters, chafing dishes and all other equipment after the function. Please ensure they are cleaned and placed in a safe location so that the equipment can be retrieved. Lost or broken platters will be charged to you at their replacement value, unless they are disposable.
9.4. Pricing Information
Please note all menu prices exclude GST. The 10% Goods & Services Tax is added to those items that incur GST at time of purchase. Triple M Catering will strive to maintain their prices over the life of our most current catalogue. However, we reserve the right to alter prices without notice due to market changes in goods and services used.
9.5 Adjustments to your orders post delivery
In the event your order was missing any items please notify Triple M Catering on the day of your event and we will adjust your invoice. We cannot guarantee an invoice will be adjusted if we are notified of an ommission the day(s) after the delivery.
10.1. The terms and conditions contained herein constitute the entire agreement between the parties and no amendment or variation shall be of any force and effect unless in writing and signed by both the Company and the Customer.
10.2. The Customer acknowledges that no representations have been made by the Company or on its behalf, which have induced the Customer to enter into this agreement.
10.3. The Customer acknowledges that it may not assign any of it’s rights or interests arising under or pursuant to this agreement to a third party other than with the prior written consent of the Company.
10.4. The Customer acknowledges that the amount shown on the customer order confirmation/invoice provided to the Customer at the time of purchase is sufficient evidence of the purchase.
10.5. The Customer acknowledges that the Company may terminate this Agreement, close the Customer’s business account, and require immediate payment in full of the outstanding balance on the Customer’s business account where:
10.6. The Customer fails to pay the amount specified in the Invoice by the due date for payment.
10.7. The Customer breaches any of the terms of this agreement or of any other contract between the Customer and the Company;
10.8. The Company in it’s absolute discretion considers that there has been a material adverse change in the Customers financial circumstances;
10.9. The Customer, not being a company either dies, ceases to be of full legal capacity or, if a partnership, is dissolved; or If the Customer is a company: (i) stops or suspends or threatens to stop or suspend payment as provided for under this agreement; (ii) is insolvent within the meaning of Section 95(a) of the Corporations Law; (iii) a court is required by reason of Section 459(2) to presume that the Customer is insolvent; (iv) an administrator is appointed over all or any of its assets of any of the Customer or an undertaking or any steps preliminary to the appointment of an administrator is taken to the Customer; (v) a controller within the meaning of Section 9 of the Corporations Law or a similar officer is appointed to all or any of the assets or undertakings of the Customers; or (vi) an order is made or a resolution is passed for the Customer’s winding up or dissolution or for it to enter an arrangement, comprise or composition with or assignment for the benefit of its creditors, a class of them or any of them.
Triple M Catering will not disclose and information or details of an account or client without the written consent of that client in any circumstances.
Triple M Catering does not hold credit card details on our website or online payment system.
Credit card payments are made via Bendigo Bank merchant facilities.
All orders placed on Triple M Catering Website are in Australian dollars and are exclusive of GST.
All orders paid online via MasterCard / Amex or Visa are free or Merchant fees.