Terms & Conditions

TERMS AND CONDITIONS AGREEMENT

Welcome to The Grazing Cart Co. Before placing an order or making a booking, please read the following terms and conditions carefully.

PART A: UNDERSTANDING THIS CONTRACT

1. Acceptance of Terms

1.1. By confirming a booking and making payment, you (“the Hirer”) agree to be bound by these Terms and Conditions, which form a legal agreement between The Grazing Cart Co. (“the Owner”) and the Hirer.

1.2. These Terms and Conditions constitute the entire agreement between the Owner and the Hirer and supersede all prior agreements, representations, and understandings.

2. Governing Law

2.1. These Terms and Conditions are governed by and construed in accordance with the laws of Western Australia. The parties submit to the exclusive jurisdiction of the courts in Western Australia.

2.2. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to be in full force and effect.

3. Amendments

3.1. The Owner reserves the right to amend these Terms and Conditions at any time without notice. It is the Hirer’s responsibility to review the Terms and Conditions regularly.

Definitions

Agreement: This Terms and Conditions Agreement.

Booking Date: The date and time specified in the order confirmation email.

Collection Date: The date and time specified for the collection of equipment or products.

Claims: Any costs, expenses, losses, damages, and liabilities suffered or incurred by the Owner.

Equipment: The grazing cart, boards, or any other items specified in the order.

GST: Goods and Services Tax under Australian law.

Hire Fee: The fee set out in the order confirmation email.

Hirer: The person or entity making the booking.

Owner: The Grazing Cart Co.

Permitted Use: Using the hired Equipment or products for the intended catering or event purposes.

Site: The location specified by the Hirer for the delivery and/or use of the Equipment.

PART B: EQUIPMENT HIRE

4. Booking and Payment

4.1. Bookings are confirmed only upon receipt of deposit or as outlined in the invoice. The Hirer agrees to pay 100% of the Hire Fee unless otherwise arranged in writing.

4.2. Payments can be made via electronic funds transfer to the Owner’s nominated bank account.

4.3. The Hirer must adhere to the due dates specified in the order confirmation or invoice. Failure to make timely payments may result in the cancellation of the booking.

5. Delivery and Collection

5.1. Unless agreed otherwise, the Owner will deliver the equipment to the specified site on the delivery date and time confirmed in the order.

5.2. The Hirer must provide clear and safe access to the site. If the Owner deems that the site is unsuitable or unsafe for the delivery and setup of equipment, the Owner reserves the right to cancel the booking, and the Hirer may forfeit their payment.

5.3. Delivery and setup fees may apply depending on the location and accessibility of the site. A high-risk delivery fee may be charged for sites with limited access or difficult conditions.

5.4. The Owner reserves the right to select the specific location for setting up the equipment within the site based on safety and logistical considerations.

6. Use of Equipment

6.1. The Hirer agrees to use the equipment only for its intended purpose and in a manner that does not cause damage. The Hirer must not move the equipment once it has been set up by the Owner without prior approval.

6.2. At all times, the Hirer must ensure that the equipment is kept in a safe condition and secured from theft, damage, defacement, and destruction.

6.3. The Hirer must not permit any drinks, animals, sharp objects, or other items that could cause damage to come into contact with the equipment.

6.4. The Hirer must not sub-hire, lease, or allow any third party to use the equipment without the Owner’s written consent.

7. Cleaning and Condition

7.1. The Hirer is responsible for returning the equipment in a clean and tidy state. If the equipment is not cleaned to the Owner’s satisfaction, a cleaning fee of $50 will be deducted from the Hirer’s bond.

7.2. Any damage, loss, or theft of equipment during the hire period will result in the Hirer being liable for the cost of repair or replacement, as assessed by the Owner.

7.3. The Hirer must notify the Owner immediately if any damage, loss, or theft occurs during the hire period. Failure to notify the Owner may result in additional charges.

8. Bond

8.1. A refundable bond of $500 is required for all hires, to be paid in advance as a security deposit. The bond will be refunded within 7 days after the collection of the equipment, provided it is returned in the same condition as when delivered.

8.2. The Owner reserves the right to retain part or all of the bond if there is any damage, loss, or need for cleaning. The Hirer will be notified of any deductions from the bond and provided with an itemised list of charges.

8.3. If the bond does not cover the full cost of damages or losses, the Hirer agrees to pay the difference within 7 days of receiving a written notice from the Owner.

9. Cancellation and Refunds

9.1. Cancellations made more than 7 days prior to the booking date will receive a full refund.

9.2. Cancellations made between 48 hours and 7 days prior to the booking date will receive a full refund, minus a 10% administration fee.

9.3. Cancellations made less than 48 hours prior to the booking date will result in a forfeiture of the entire Fee.

9.4. The Owner reserves the right to cancel any booking at its discretion due to unforeseen circumstances, safety concerns, or extreme weather conditions. In such cases, the Hirer will receive a full refund or the option to reschedule.

PART C: LIABILITY AND INSURANCE

10. Liability

10.1. The Hirer assumes all risk and liability for the use of the equipment during the hire period. The Owner is not responsible for any loss, damage, injury, or death arising out of or in connection with the use of the equipment.

10.2. The Hirer agrees to indemnify and hold the Owner harmless against any claims, demands, actions, or suits (including legal costs) resulting from the use of the equipment.

10.3. If The Hirer supplies their own food items for the cart, the owner is not responsible for the quality, safety, or hygiene of the items provided. It is The Hirer's responsibility to ensure all food is fresh, properly stored, and handled according to food safety standards.

10.4. If The Hirer uses food supplied by the owner, it is the hirer's responsibility to store and handle the items correctly upon delivery. Improper storage or handling (e.g., leaving items unrefrigerated) that may lead to food spoilage or contamination is solely the responsibility of the hirer.

10.5. The owner is not liable for any illness, including but not limited to food poisoning, allergic reactions, or any adverse effects caused by improper storage, handling, or preparation of food by the hirer after delivery.

10.6. By purchasing and using the DIY Package, the hirer acknowledges and accepts that the owner cannot be held accountable for any harm or illness resulting from the consumption of food that was not properly stored or handled.

11. Insurance

11.1. The Hirer is responsible for obtaining their own insurance coverage for the equipment, if desired. The Owner does not provide insurance for the equipment during the hire period.

11.2. The Hirer is responsible for the full replacement cost of any lost, stolen, or irreparably damaged equipment, regardless of whether they have insurance coverage.

PART D: OTHER CONDITIONS

12. Force Majeure

12.1. The Owner will not be liable for any failure to perform its obligations under these Terms and Conditions if such failure results from circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, or extreme weather events.

13. Termination

13.1. The Owner reserves the right to terminate this agreement immediately if the Hirer breaches any of these Terms and Conditions or if the Hirer engages in unlawful or unsafe conduct. In such cases, the Hirer will forfeit the Hire Fee and bond, and the Owner may seek additional damages.

14. Entire Agreement

14.1. These Terms and Conditions, together with any order confirmations and invoices, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings. Any amendments to these Terms and Conditions must be made in writing and signed by both parties.

15. Contact Information

15.1. For any questions or concerns regarding these Terms and Conditions, please contact The Grazing Cart Co. directly via the contact details provided on the Owner’s website.