1.1. Within this document of terms and conditions any context where "The Company" is mentioned refers to Centre Fillings.
1.2. Within this document of terms and conditions any context where "The Customer" or "Customer" is mentioned refers to registered users, purchasers, account holders and businesses or charities registered with Wicked Foods for the purpose of using Centre Fillings services.
2.1. By ordering with Centre Fillings, The Customer agrees that their place of employment be it a business or charity will be responsible for payment of any orders placed with Centre Fillings.
2.1.1. Exceptions occur where The Customer is registering as a private user, in which case all personal orders or private sales from Centre Fillings to an individual require upfront payment by means of credit card. Services will not be provided until funds have cleared our account.
2.2. The Customer undertakes to pay to the Company all amounts in the Statement of Account within 7 days of the date of issue of the Statement of Account. Statements are emailed to your chosen billing address the first week of each month.
2.3. "Late Payments", payments not received within 30 days from the date on invoice will incur a 2% monthly account keeping and administration fee.
2.4. Even if your company is approved for accounts payments if payment is not made within 30 days Centre Fillings reserves the right to charge the credit card you have provided for previous payments along with any late payment charges.
3.1. Customer payments shall be effected by way of cheque; electronic funds transfer or credit/debit card merchant facility by telephone.
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.Centre Fillings accepts all major credit/debit cards (Mastercard, Visa or Switch)(Please Note: American Express is NOT accepted)
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.
5.1. To the extent permitted by law, the Company will have no responsibility or liability for:
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.
6.1. Products purchased by the Customer from the Supplier 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).
7.1. The Customer hereby agrees that the Company may seek such consumer information 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 Company obtaining from an account-reporting agency an account report containing accounts information about the Customer.
7.3. The Customer further agrees that the Company 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.
8.1. The Customer undertakes to notify the Company 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.
9.1. 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 your email. IMPORTANT: It is your responsibility to review the details of your order and notify Centre Fillings of any omissions or corrections. Your invoice will reflect the items and prices outlined within this confirmation. Centre Fillings will endeavour to deliver as close to your order delivery time as possible.
9.2 Loan of Equipment:
All food is delivered on reusable platters and plates. Cutlery, Crockery, Glasses and Linen can be loaned if required.
An equipment sheet will be delivered with the buffet detailing all equipment provided that must be returned. The equipment will be collected the following day (unless other arrangements are made). Any equipment missing will be charged for on an "As New" replacement basis.
All cancellations must be made via email to email@example.com - preferably as a reply to your Centre Fillings confirmation email. Centre Fillings will confirm your cancellation by return email. If you have not received a confirmation of cancellation within 1 hour (during business hours) please assume we have not received your cancellation and follow up with a phone call.
The time of receipt of your cancellation will be recorded as the time the cancellation email reaches firstname.lastname@example.org inbox.
Cancellation charges will apply as per the schedule below:
9.2.1 Orders cancelled, reduced or postponed before 3pm on the day prior will not be charged except when labour hire has been booked through a third party – in which case the labour hire will be charged, or if specific food or equipment items have been ordered that Centre Fillings is not able to cancel. In this case items will be charged at cost price.
9.2.2 Orders cancelled, reduced or postponed after 3pm the day before the scheduled delivery will incur a 50% charge of the total invoice cost, or the cost price of items which cannot be cancelled (whichever is the greater).
9.2.3 Orders cannot be cancelled, reduced or postponed on the day of delivery (after midnight). The total invoice cost will still be charged to your company. Centre Fillings will either deliver the food to your nominated address for delivery or alternatively Centre Fillings will deliver the food to a charity of your choice. Please indicate your choice in your cancellation email.
9.2.3. No changes (increases, decreases, product switching or postponement) are possible within 90 minutes of your scheduled delivery.
9.2.4. Any orders paid by credit card and subsequently cancelled or reduced will be charged for the credit card transaction fees.
9.3. Pricing Information
Please note all menu prices exclude VAT. The prevailing rate of VAT is added to those items that incur VAT at time of purchase. We reserve the right to alter prices without notice.
9.5 Adjustments to your orders post delivery:
In the event your order was missing any items please notify Centre Fillings by email within 2 hours of the delivery and we will adjust your invoice.
10.1. Where a an ordered product becomes unavailable due to the supplier or the quality of good received from our supplier we reserve the right to replace the item with one that is similar in style and value of that being replaced. We will endeavour to contact the Cutsomer with any issues and allow them in the first instance to choose the replacement item.
10.2 The images on this website are meant to give a visual representation of the products together with a serving suggestions. Due to the nature of food products and the cooking process we do not guarantee that the products will look exactly like the displayed images. If you require a specific serving suggestion please make use aware at the point of order.
11.1. 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.
11.2. 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.
11.3. 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.
11.4. 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.
11.5. 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:
11.6. The Customer fails to pay the amount specified in the Statement of Account by the due date for payment as specified in the Statement of Account.
11.7. The Customer breaches any of the terms of this agreement or of any other contract between the Customer and the Company;
11.8. The Company in it's absolute discretion considers that there has been a material adverse change in the Customers financial circumstances;
11.9. 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 ; (iii) a court is required 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 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.