HEARTY HEALTH TERMS AND CONDITIONS, dated 05.10.2018
By accepting the Hearty Health Terms and Conditions of Service, we acknowledge the following:
1. ACCEPTANCE
1.1 Any instructions by us for the supply of goods by Hearty Health shall constitute acceptance of the terms and conditions contained herein.
1.2 These terms and conditions are binding and can only be amended with the written consent of Hearty Health and our centre
1.3 We will provide no less than fourteen (14) days prior written notice of change in our Centre’s name and/or any other relevant change in our details (including but not limited to, change of business or email address or telephone/contact number).
2. DELIVERY OF GOODS
2.1 Delivery of the Goods shall take place when we take possession of the goods at our nominated address.
2.2 Hearty Health will include the costs of delivery in the price agreed.
2.3 We shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery. In the event that we are unable to take delivery of the goods as arranged then Hearty Health shall be entitled to charge a reasonable fee for redelivery.
2.4 Delivery of the goods to a third party nominated by us is deemed to be delivery to us for the purposes of this agreement.
3. PROVISION OF GOODS
3.1 Hearty Health will provide via its website, a daily menu ingredients list in addition to a comprehensive ingredients list of brands and products used together with the rotational food roster programs.
3.2 Hearty Health shall pack all food in appropriate delivery containers, which will be delivered to you in a refrigerated vehicle at a temperature below 5 degrees Celsius, in accordance with the relevant National Regulations.
3.3 We are responsible for the review of the Daily temperature log. Hearty Health’s delivery driver will record temperatures at the time of delivery which is documented as soon as the goods are delivered to your kitchen.
3.4 Hearty Health shall comply with all applicable laws and regulations relating to the preparation and storage of food, including the Australian Food Safety Standards.
3.5 All meals are delivered prior to the business day which the food shall be consumed.
3.6 Hearty Health will prepare all meals for a night delivery for the meals to be consumed the next day to you.
3.7 We will consume food on the day it is provided for, by description of the current daily menu. Any excess food must be discarded at the end of each day.
3.8 Hearty Health will not be responsible for food that is frozen or consumed beyond its allocated date of consumption.
3.9 We acknowledge that Hearty Health may, without notice, change its menu due to availability and seasonal change of fruit and vegetables.
3.10 We must lodge the Hearty Health Allergy/Food Intolerance Notification update of any alternative main meal requirement via the Hearty Health website no less than two (2) working days prior to the required date of delivery.
3.11 We are responsible for determining whether the food supplied by Hearty Health is suitable for consumption within reason by each individual taking into consideration issues including but not limited to age, mouth size portion, allergies, sensitivities, or intolerances of the individual.
3.12 Hearty Health shall indemnify us in relation to any claim made on us resulting from a breach of this Agreement by Hearty Health.
5. PAYMENT
5.1 We agree to make payments to Hearty Health for goods supplied for the amount stipulated on the Tax Invoice issued by Hearty Health.
5.2 Tax Invoices will be dispatched via email to the customer each week, dated week ending Friday of that week.
5.3 That the price of the goods has been agreed and is itemised on the Tax Invoice.
5.4 We agree that a minimum number of 30 meals per day applies and that the Hearty Health service is 5 days a week.
5.5 Hearty Health may increase their price annually.
5.6 GST and other taxes and duties that may be applicable shall be added to the price except when they are expressly included in the price.
6. MEAL DISHES
6.1 We will return all meal dishes and containers cleaned and washed available for collection by the Hearty Health driver on the next delivery. It is Hearty Health’s responsibility to make sure that all meal dishes and containers have been properly cleaned and washed before use and distribution to the customer’s service. We will be charged for any lost, broken or damaged equipment.
7. EXCLUSIVITY / CONFIDENTIALITY
7.1 All details in these Terms and Conditions including menus, costs, ingredients lists and website passwords/access are to remain confidential.
8. CANCELLATION
8.1 We must give Hearty Health fourteen (14) days written notice of intention to cancel provision of Goods to which these terms and conditions relate.
9. MISCELLANOUS
9.1 We must inspect food for damage, spoilage, temperature and quantity variation and any issues must be advised prior to 8.00am.
9.2 We will notify Hearty Health of any defects or discrepancies immediately.
9.3 Hearty Health delivers five (5) days per week (unless otherwise organised individually) with the exception of public holidays, and the Hearty Health close down period between Christmas and New Year.