Terms and Conditions

1. Terms

These Terms and Conditions ("Terms"), which incorporate our Privacy Policy apply to every supply of Goods and Services by EatFirst to the Customer. By placing an order with EatFirst the Customer agrees that it is bound by the Terms and that the Customer's own terms and conditions do not apply. Where the Customer has entered into a separate written supply agreement with EatFirst, these Terms shall also apply except to the extent that there is any inconsistency between these Terms and the separate supply agreement, in which case the relevant provisions of the supply agreement shall prevail.

2. Confirmation of your booking

EatFirst will send an order confirmation to the Customer by email with an order reference number. An email from EatFirst to the Customer confirming acceptance of the order represents confirmation of the order unless the email states that it is a quote. If no email confirmation is received, the order is NOT accepted.

The order will be delivered and prepared as per the details in this order confirmation email. The order will arrive within a window of the requested delivery time. It is the responsibility of the Customer to review the details of the order confirmation and to notify EatFirst of any omissions or corrections. The order confirmation is not the invoice for the order.

3. Calendar reminder

EatFirst will attach a calendar reminder with each order confirmation email. This is a useful scheduling tool. However, it is not an order confirmation on its own.

4. Order Changes

You are welcome to make changes to your order. However, changes made within 72 hours prior to delivery may not be accepted.

EatFirst will do its best to facilitate changes made less than 72 hours notice, however, charges may be incurred. In the event a Supplier cannot fulfil your order or part of your order, with your permission or notification, EatFirst will transfer the order to another Supplier, or substitute unavailable menu items. Once notified or approved, the customer will be liable for full payment of the adjusted or transferred order. When a change is requested on your order, EatFirst will resend you your order confirmation reflecting the change and indicating the order is updated.  More than 3 changes to an order may incur additional fees.

5. Order Cancellation

All cancellations are required in writing or submitted through EatFirst’s online platform.

• For orders less than $500, EatFirst will accept cancellation up to 48 hours prior to the delivery date requested for that order.
• Orders greater than $500 require a minimum 72 hours’ notice. Orders under EatFirst's Functions and Events department require a minimum of 5 working days’ notice for cancellations to be accepted.
• Melbourne Cup orders require a minimum 7 working days’ notice for cancellations to be accepted.
• Orders cancelled after the above times may incur charges based on expenses incurred by EatFirst or the Supplier. EatFirst will do its best to minimise these charges for you.

6. Changes and cancellation of standing orders

Changes or cancellations to your standing orders must be made before 12pm the business day prior to delivery, and more time may be required for orders outside of capital city CBDs. All cancellations are required in writing or submitted through EatFirst’s online platform.

7. Food allergies

Please be advised that EatFirst’s Suppliers will do their best to ensure your catering does not contain any of the items to which your guest is allergic.

Please be advised however that EatFirst’s Suppliers cannot guarantee your order may not contain traces of the substances to which your guest is allergic.

EatFirst and its Suppliers will not take responsibility for any illness caused through consumption of catering containing traces of these substances or food groups. We recommend the severely allergic guests supply their own food from a reliable source that can guarantee no cross contamination.

8. Platter and equipment collection

In the event the customer has an order for a function, the Supplier will collect their equipment within 48 hours after the function. Please ensure they are cleaned and placed in a convenient location for the Supplier to retrieve their equipment. Lost or broken equipment will be charged to the customer at their replacement value.

9. Pricing information

Please note all menu prices exclude GST unless otherwise stated. The 15% Goods & Services Tax is added to those items that incur GST at time of purchase. EatFirst will strive to maintain our prices, however, we reserve the right to alter prices without notice. EatFirst can only guarantee pricing on accepted orders for a maximum of 4 weeks.

10. EatFirst service fees

Please be advised that each order may incur a fee depending on how the order is placed, and the type of order placed. If the order is placed online no additional fees apply.

The additional fee is applied to the total value of the order. Please note that these amounts will be highlighted on any quotation issued, and all order confirmation documents, and they exclude GST. The fees in the quote or order confirmation exclude any damage waiver fees, lost equipment fees, credit card payment fees, and late payment fees.

• For standing orders, an administration fee of 5% applies on each order, and the minimum amount is $1.95.
• For corporate catering orders placed over the phone or by email, a booking fee of 5.5% applies, and the minimum amount is $5.
• For all orders placed with our events department, an event management fee of 10% applies, and the minimum amount is $20.

11. Invoicing

EatFirst will issue an invoice after the order has been delivered. The invoice will reflect the items and prices outlined within the confirmation email. Invoices are issued by email based on the agreed payment type and invoicing frequency terms. Please refer to payment items below for more information.

12. Order adjustments post-delivery

In the event an order is missing any items, please notify EatFirst within 24 hours of the delivery and we will adjust your invoice. We cannot guarantee an invoice will be adjusted for omissions made later than 24 hours after delivery.

13. Payment options

Customer payments shall be effected by way of cheque, electronic funds transfer (EFT), or our secure online credit card merchant facility. The customer's business account will be credited from the date a payment is received by EatFirst, other than in the instance when a cheque is used as the method of payment. 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.

Note: A deposit may be required on certain orders. Invoices are sent to your email address unless otherwise requested.

14. Credit card payment

EatFirst accepts all major credit cards. Credit card payments will incur a fee. Visa and MasterCard incur a 1.40% + GST merchant fee. American Express and Diners Club cards incur a 2.30% + GST merchant fee.

15. Payment terms

The customer undertakes to pay to EatFirst all amounts in the statement of account within 7 days of the date of issue of the Statement of Account, unless other terms have been agreed to.

Statements are emailed to your chosen billing address during the first week of each month. Payments by credit card are applied the day after delivery, however, we will apply a credit card pre-authorisation to hold funds up to the value of the order.

16. Late payments

Payment not received within 30 days from the due date on the invoice will incur a late payment fee. The late payment fee will be 2% of the order value per month.

17. Disclaimer and Liability

‍To the maximum extent permitted by law:

a. All terms, conditions, warranties, statements, representations, and liabilities (whether express, implied, written, oral, collateral, statutory or otherwise) in connection with the goods or services which are not expressly set out in these Conditions, are excluded and to the extent, they cannot be excluded, EatFirst disclaims all liability that it may have in relation to them.

b. The Customer must not make any Claim under or in connection with this Agreement unless it is based solely on and limited to the express provisions of this Agreement.

c. To the maximum extent permitted by law, EatFirst’s entire liability to the Customer for a breach of this Agreement, at EatFirst’s option, is limited to and completely discharged by:

1. In the case of services, supplying the services again or paying the cost of having the services supplied again; and
2. In the case of goods, replacing the goods or supplying equivalent goods or paying the cost of re-supplying equivalent goods.

To the maximum extent permitted by law, except to the extent provided in clause 17. c. EatFirst is not liable for any Loss (including the indirect, consequential or economic loss or loss of profits however arising) whether or not that Loss was in the reasonable contemplation of the parties when the Agreement was entered into.

Nothing in these Conditions is to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified.

18. Jurisdiction

‍The Terms in this Agreement are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

19. Definitions

1. Agreement means the agreement between EatFirst and the Customer to provide catering services consisting of the Order Confirmation, these Conditions and any terms agreed in writing by the parties.

2. Claim includes, without limitation, in relation to a person, a demand, claim, action or proceeding made or brought by or against the person, however arising and whether present, unascertained, immediate, future, or contingent.

3. Conditions means the terms and conditions contained in this Agreement and includes those terms, if any, imposed by law that cannot be excluded.

4. Loss includes any damage, loss, cost, liability, or expense of any kind and however arising (including as a result of any Claim), including penalties, fines and interest and including any (except for fines) that are prospective or contingent and the amount of which is not ascertained or ascertainable.

5. Order Confirmation means the order signed by the Customer or orally approved by the Customer which itemises the goods being purchased by the Customer from EatFirst’s catering partner.

6. Supplier means any vendor that partners with EatFirst to sells items via EatFirst branded website or application. Every Supplier on EatFirst operates as legally independent, third-party vendor. EatFirst acts as an agent on behalf of the Supplier to process your order from the EatFirst website or application and to manage service and experience to you as EatFirst customer throughout the order process.

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