STANDARD TERMS OF TRADE

These Standard Terms of Trade (“Terms”) apply in respect of the supply of goods and services by us to you, except to the extent that we otherwise agree with you in writing.

1.0 Goods and Services

1.1 The Goods and Services which we are to provide are outlined in our Function / Venue Hire Agreement entered into with you, our invoice or quotation as provided to you (as applicable).

2.0 Financial

1.1 The Goods and Services which we are to provide are outlined in our Function / Venue Hire Agreement entered into with you, our invoice or quotation as provided to you (as applicable).

2.1 Fees and Charges:-

(a) The Fees and Charges which we will charge or the manner in which they will be arrived at are set out in our Function Agreement, Venue Hire Agreement and / or Food and Beverages Price Lists.

(b) If the Function / Venue Hire Agreement specifies a fixed price we will charge this for the agreed scope of our services. Services which fall outside that scope and food and beverages supplied will be charged on our standard price list basis.

(c) Unless otherwise stated or prepaid in full not less than seven (7) days in advance, the food and beverage prices which apply are those current as at the date of the Function and/or 3 months prior to the function. If Applicable

(d) A venue hire fee of $2,222 plus GST is payable to hire our premises for a private function. This includes tables, chairs, crockery and cutlery for up to 110 people. It does not include setting up costs. (eg linen, table set up, flowers) or any special setup requests (these are to be charged by the Caterer)

(e) Conference Room Facility - minimum hire fee of $450 plus GST for up to 50 people. Thereafter $10.00 per head. Venue Hire only.

(f) We reserve the right to revise our prices for the goods and services we supply without notice at any time.

(g) Additional conditions may be present in the function and/or wedding agreements.

2.2 Prices quoted may be revised by us subsequent to accepting a booking. In the event of any occurrence affecting the provision of the goods and services by us which result in an increase in the cost of the goods and services to be supplied and/or any other matter beyond our control provided that in that event you have the right to withdraw your booking.

2.3 GST is payable by you on our Fees and Charges.

2.4 We do not accept American Express or Diners

2.5 Payments, unless otherwise stated, are due as follows:-

(a) A Venue Hire Fee of $2,222 plus GST is payable within fourteen (14) days of placing a function booking with us.

(b) Any other monies are payable on or before the date of function and/or the date we supply the goods and services to you or within 7 days of our invoice to you (whichever is the later).

(c) Where a prepaid or prearranged tab for alcohol and beverages is extended at your request the additional purchases shall be payable on or before the conclusion of the function.

(d) We require minimum numbers 7 days before the function and final numbers at least 48 hours prior.

(e) Minimum numbers of 40 are required before we can open the function centre to you, unless arranged before hand.

2.6 If payment due to us is not made by the due date specified in our Function Agreement or within seven (7) days of the date of our invoice to your (whichever is the later) you will be liable to pay to us:-

(a) Interest calculated daily at a rate of 18% per annum on all overdue amounts from time to time outstanding from the payment due date until the date payment is made in full.

(b) All costs and expenses (including debt collection fees and legal fees on a Solicitor/Client basis0 which we incur in the recovery of any overdue amount.

2.7 Other charges may apply in the event of:-

(a) Any damage to our property or any of its contents or for any items removed by you or your guests.

(b) We determine that extra staffing, cleaning, rubbish removal, repair or reinstatement is required as a result of you or your guests use or misuse of our facilities.

3.0 Cancellations

3.1 In the event that the Function Deposit or Venue Hire payable specified in the Function Agreement and/or the Venue Hire Agreement is not received within fourteen (14) days of placing a booking with us the booking is deemed to have been abandoned by you and may be cancelled by us without further notice to you.

3.2 If you wish to cancel any booking you must do so in writing to us. In the event of a cancellation by you your deposit may be refunded provided you have notified us 6 months prior to the date of the function.

(a) If your booking is cancelled less than 15 days prior to the function date a cancellation fee of 25% of food charges will apply. If Applicable

(b) If your booking is cancelled less than 6 days prior to the function date a cancellation fee of 50% of food charges will apply. If Applicable

(c) If your booking is cancelled less than 3 days prior to the function date a cancellation fee of 100% of food charges will apply. If Applicable

3.3 You acknowledge and agree that if the use of our premises is rendered impractical by fire, flood, earthquake, failure or other unavailability of any building services or any other event beyond our reasonable control we shall not be obliged to perform our obligations under our agreement with you and we shall not be liable for any damages, loss or expenses incurred by you.

4.0 Guests

4.1 You are responsible for the acts of any of your guests.

4.2 We may require any person to leave our premises or terminate a function if, in our opinion, that person or you or any of your guests are intoxicated or behaving in a manner which:-

(a) Impedes or adversely effects the enjoyment of other people in our premises or puts those other people at risk; or

(b) Has caused loss or damage or increases to the risk of loss or damage to our premises or any property belonging to us; or

(c) Breaches any of our Terms and Conditions or any legislation or regulation applying.

4.3 The maximum number of guests which may be seated in our restaurant is 120 people. If our Function Agreement with you provides for a marquee to be erected on our ground the maximum number of guests that can be accommodated within the marquee is 250 subject to any special conditions which we have stated in our Function Agreement.

5.0 Other Services

5.1 French Farm reserves the right to be the sole supplier of food and beverages and / or caterers of our choice.

5.2 French Farm labeled wine is to be the main wine consumed. Should it not be, there will be a corkage / service fee of $15.00 per bottle of wine, and $2.50 per bottle of beer.

5.3 We may supply you with a list of or recommend to you local florists, celebrants, churches, photographers, local accommodation and transport options to assist you.

5.4 While we endeavour to recommend only reputable service providers we accept no responsibility of the unsatisfactory performance of any such services

6.0 Limitation of Liability

6.1 You agree and acknowledge that our liability to you for any direct or indirect loss, damage, claim or expanse (whether due to negligence or otherwise) arising out of our agreement to provide goods and services to you is limited to the charge payable to hire the French Farm Winery for your private function or the amount of the deposit paid by you, whichever is the greater.

7.0 Risk and Insurance

7.1 Any vehicles or property belonging to you or your guests brought onto our property or any personal items left at our property are at the sole risk of the owner and we will not be held responsible for any damage or loss to such property howsoever arising.

8.0 General Terms

8.1 Confirmation

Tentative bookings will be held for a period of 14 days after which time may be released without notice. To confirm a booking, clients must sign the attached agreement and pay the venue hire. (French Farm Winery will not recognize or be liable for any booking not confirmed in writing as foresaid)

8.2 Confirmed Numbers - If Applicable

Final numbers and payment for catering are requested 1 week prior to the event. Charges will be based on the number of people attending the event or the guaranteed number, whichever is greater.

8.3 Loss and Damages

Decoration of any description is prohibited without prior agreement of venue owners. No screws, nails, adhesive tapes or other fasteners to be attached or driven into the walls or any other part of the building.

No property belonging to French Farm Winery Ltd is to be removed from the premises.

The lighting of fires or use of other pyrotechnic devices is prohibited.

The moving or interference with any tree, plant or garden ornament within the grounds of French Farm is prohibited.

The client will accept full liability for any loss or damage sustained to any of the property, fixtures, chattels or otherwise of French Farm Winery Ltd where such damage was caused by the client or any of his agents, employees or guests.

8.4 General Conditions

The use of confetti is prohibited.

Smoking is prohibited inside French Farm buildings.

The volume of any sound system or live music played inside/outside the main building shall be set to such a level as not to disturb neighbours.

Subletting of the premises is prohibited.

The premises shall be used for the purpose stated at the time of the booking and for no other purpose.

8.5 Disputes

If a dispute arises, we will try to settle the dispute by agreement or mediation prior to resorting to litigation or arbitration. Either of us may initiate mediation by giving written notice to the other. Mediators shall be agreed on by each of us, but if we cannot agree on one within seven (7) days after the mediation has been initiated, then the mediator shall be appointed by the President of the time being of the New Zealand Law Society or his or her nominee. If the matter cannot be resolved by mediation then the matter in dispute shall be decided by a single arbitrator to be agreed between us, or if we cannot agree, than by an arbitrator nominated by the then President of the New Zealand Law Society or his or her nominee and the reference to arbitration shall be in accordance with the Arbitration Act 1996 and a decision in the arbitration shall be final and binding on both parties.

8.6 Waiver or Variation.

Waiver or Variation of these terms by us will only be affected if given in writing by an authorized person. If we waive any of these terms the waiver will not affect our rights under these Terms at any future time.

8.7 Governing Law

These Terms will be interpreted in accordance with and governed by the laws of New Zealand the New Zealand Courts will have non-exclusive jurisdiction in respect of all matters between us.

8.8 Privacy Act:

You authorize us to collect and hold personal information from any source we consider appropriate to be used for the purposes of determining credit worthiness, for communicating promotional activities and information concerning goods and services we provide, for debt collection purposes or for any other related purpose. You further authorize us to disclose the personal information held by us for the purposes set out to any other person. You have a right of access and may request correction of personal information held by us about you.

8.9 Severability:

If any provision of these Terms is held to be invalid or unenforceable for any reason the remaining provisions shall remain in full force and effect and our respective rights and obligations shall be determined in accordance with the spirit and intent shown by these Terms.