Terms & Conditions as per update on 1st January 2024

The Basics

All bookings & purchases are final. We have a strict no refund, change of mind policy.

We do however understand that things in life come up. As long as a minimum of three days notice is given to postpone an event we can provide you with a voucher to use on any of our products and services that is valid for three years from the issue date.

The More in Depth

THE HIGH TEA MISTRESS AGREEMENT

1. Definitions

This Agreement governs the Client’s rental of Equipment, Services Provided or Purchases from The High Tea Mistress Pty Ltd (A.C.N. 650 611 731 417) ATF The Beilharz Family Trust T/A The High Tea Mistress, in exchange for the Price.

These Terms and Conditions (“T&Cs”) will apply to any supply of Equipment and/or Services supplied by The High Tea Mistress to the Client.

In these terms and conditions unless the context requires otherwise:

After Hours means any time outside the standard business hours. Our normal business hours are 8am - 8pm 7 days a week.

After Hours Fee means an additional charge for the delivery, installation, dismantling and collection of the equipment outside the standard business hours.

Agreement means this agreement and any annexure or schedule attached to it.

Booking means any written booking or order made by the Client to The High Tea Mistress for Equipment and/or Services.

Claim means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising , whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise.

Client means the person or persons named as the Client in these T&C’s or the Quotation/Invoice, as well as their principal, employees, contractors or sub-contractors where applicable.

Commencement Date means the date on which the Hire Period commences, as specified in the Quotation.

Collection Date means the date that The High Tea Mistress collects the Equipment from the Client, as agreed between the Parties.

Confidential Information means all information which is not otherwise not publicly available (in both cases either in its entirety or in part) including commercial, financial, marketing or technical information, know-how, trade secrets or business methods, in all cases whether disclosed orally or in writing before or after the date of this Agreement.

Date means the event or hire date as detailed in the Quotation or Invoice.

Delivery Address means the address specified in the Quotation or Invoice, as being the address at which The High Tea Mistress is to deliver the Equipment or Services to the Client on the Commencement Date.

Delivery Fee means the fee payable to The High Tea Mistress for any delivery of the Equipment or Services, as specified in the Quotation.

Delivery Time means the time and date that The High Tea Mistress is to deliver the Equipment or Services to the Client at the Delivery Address, as agreed between the Parties.

Deposit means the deposit specified in the Quotation & Invoice payable to The High Tea Mistress, by the Client, under this Agreement.

Designated Person means any person, planner or event coordinator designated by the Client.

End Date means the date on which the Hire Period ends, as specified in the Quotation, or on such other date as agreed upon between the Parties. In the event that any item comprised in the Equipment is stolen or damaged, then the expiry date will be the date on which the insurance company accepts a claim for the Equipment having been stolen or damaged.

Equipment means the items specified in any Quotation issued to the Client by The High Tea Mistress.

Goods and Services Tax (GST) has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Hire Period means the rental period as set out in the Quotation, commencing on the Commencement Date and ending on the End Date, unless otherwise agreed between the parties.

Invoice means a tax invoice describing the Equipment and/or Services which The High Tea Mistress is providing to the Client.

Liability means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees)

Order means any written or verbal order by the Client to The High Tea Mistress for hire of Equipment and/or provision of Services.

Price means the total price payable in respect of the hire of Equipment and/or provision of Services, as detailed in any Quotation/Invoice.

Quotation means any quotation or invoice provided to the Client by The High Tea Mistress for your hire of the Equipment, including via the Website.

Services means the services specified in any Quotation issued to the Client by The High Tea Mistress.

Surcharge means an additional charge of 15%.

Terms means these terms and conditions of trading.

The High Tea Mistress means The High Tea Mistress, its principal, employees, contractors or sub-contractors.

Website means the The High Tea Mistress website, which is displayed at www.thehighteamistress.com.au.

2 Acceptance of Terms & Placement of Orders

2.1 Any Order made by the Client to The High Tea Mistress will constitute agreement to these T&Cs by the Client.

2.2 Upon payment of the Deposit/Monies, the Client will have automatically reserved the Equipment and/or Services of The High Tea Mistress and accepted these Terms & Conditions in their entirety.

2.3 If The High Tea Mistress accepts an Order by way of payment made by the Client to The High Tea Mistress, the parties will have created a binding Contract, and The High Tea Mistress will supply the Equipment and/or Services to the Client, and the Client will pay the Price to The High Tea Mistress in accordance with these terms and conditions.

2.4 The Client must provide The High Tea Mistress with written details of any required specifications of the Equipment and/or Services at the time the Client provides an Order to The High Tea Mistress.

2.5 The Client must ensure the specifications or properties of Equipment and/or Services stated in any Order by the Client will be fit for the intended purpose of the Equipment and/or Services.

2.6 The High Tea Mistress will be entitled to rely on the accuracy of any plans, specifications, or other information provided by the Client.

2.7 If there are any errors in any plans, specifications, or other information provided by the Client to The High Tea Mistress, The High Tea Mistress will be entitled to vary the Price.

2.8 Although great care has been taken by The High Tea Mistress to accurately reflect Equipment in photographs displayed on our website and/or other advertising material, the Client acknowledges that these photographs are for illustrative purposes only and may vary from Equipment depicted or described. The High Tea Mistress reserves the right to make discretionary changes without approval if deemed necessary.

2.9 Changes cannot be accommodated without confirmation in writing, and The High Tea Mistress will not be held liable for any miscommunications that are as a result of this. Notifications of any changes may be made by phone but must also be supported by written notice sent via email to bookings@thehighteamistress.com.au.

3 Price

3.1 The Price is in Australian Dollars (AUD) and is exclusive of GST unless otherwise stated by The High Tea Mistress in writing.

3.2 The Price is based on The High Tea Mistress’ pricing model. Pricing is adjusted periodically, and any future orders and bookings shall be charged at the prices in effect at the time when the future order is placed. Any price quoted will be guaranteed for 7 days, otherwise, the current price will be confirmed when the Deposit on the order is paid.

3.3 The Client must not withhold, make deductions from, or set-off, payment of any money owed to The High Tea Mistress for any reason.

4 Deposit & Payment Terms

4.1 The Client shall make a Deposit as per the amount on their quote to The High Tea Mistress to provide the Equipment and/or Services.

4.2 Payment of the Deposit will constitute acceptance of the terms and conditions contained in this Agreement.

4.3 The Deposit covers but is not limited to reserving the Equipment and/or Services for a specified date, related consultations, research, quoting, rent, licensing, insurances, administration, and ongoing client management.

4.4 Unless otherwise agreed between the Parties, the Client must pay the Deposit to The High Tea Mistress within seven (7) days of a Quotation being issued. If the Deposit is not paid by this time, then The High Tea Mistress reserves the right to cancel the Order.

4.5 The Client must pay any Delivery Fee as specified on any Quotation.

4.6 The High Tea Mistress may charge at their discretion additional fees where there are location changes, order changes and/or multiple delivery or collection locations.

4.7 The High Tea Mistress may charge at their discretion a Surcharge for public holidays, Sundays or after hours.

4.8 The balance of the Price, together with any additional travel fees, must be paid to The High Tea Mistress at least seven (7)days prior to commencement of the Hire Period/Service Provided.

4.9 Where an Order is placed less than seven (7) days prior to the commencement of the Hire Period, the full Price must be paid in full within 24 hours of the Quotation being issued.

4.10 Payment must be made by direct deposit or credit card in accordance with the terms of the invoice provided.

4.11 The Client must reimburse The High Tea Mistress for the full amount of any bank or other fees associated with any dishonoured payments or cheques and any legal, debt recovery or other expenses associated with any action by The High Tea Mistress to recover money from the Client.

4.12 If final payment is not received by the due date, The High Tea Mistress will be under no obligation to proceed with the Order and all monies paid to date by the Client will be forfeited.

5. Cancellation

5.1 If the Client cancels the Order prior to the date, the Client acknowledges this will cause a reasonably foreseeable loss to The High Tea Mistress, and the Client agrees that:

a) It will forfeit the Deposit or Monies paid;

b) The balance of the Price retained by The High Tea Mistress is to compensate The High Tea Mistress for its reasonably foreseeable loss in the likely event that they will be unable to further book that date.

5.2 In the event that The High Tea Mistress is unable to supply the Client with the Equipment, or any part of it, because of a previous Client damaging the Equipment or not making the Equipment available for collection, then The High Tea Mistress may cancel the Client’s order.

5.3 In the event that The High Tea Mistress is required to cancel the Client’s order in accordance with clause 5.2, The High Tea Mistress:

(a) will, at its sole discretion and within three (3) Business Days of the Client being notified of the cancellation, refund all amounts paid by the Client to The High Tea Mistress; and

(b) will not be liable for any loss or damage that the Client may suffer, arising from, or caused or contributed by, The High Tea Mistress’ cancellation under this clause 5.

(c) offer the Client the opportunity to book a similar product or service that is available or

(d) offer the Client a voucher for the full amount that the Client has paid for the unavailable product/service to be used within three (3) years from the date of issue

6. Rescheduling/ Postponement

6.1 In the event that the Client wishes to reschedule the Hire Period for any reason, including due to any imposed restrictions resulting from a pandemic or any other force majeure event as detailed in clause 18, any rescheduling of the Order will only be effected once confirmed in writing by The High Tea Mistress and subject to the following provisions.

6.2 The Client is to give a minimum of three (3) days notice to be able to reschedule their Hire/Service.

6.3 If the Client wishes to reschedule the date of the event, The High Tea Mistress will make all reasonable attempts to accommodate the new date, however is under no obligation to provide the Hire Equipment or Services on the new date. This is at the sole discretion of The High Tea Mistress.

6.4Any rescheduled date must be within twelve (12) months of the original booked date and The High Tea Mistress will credit any Deposit or part of the Price paid by the Client towards the rescheduled Booking.

6.5 If services are cancelled by the Client and then reinstated at a mutually agreeable future date, then a new Contract outlining the terms of the agreement will be sent to the Client.

6.6 Any rescheduled Order will be adjusted and charged per the prices in effect at the time of the rescheduled Hire Period.

6.7 The Client has the benefit of this clause only once.

7. Order Changes & Reductions

7.1 The Client is responsible for reviewing the Order and notifying The High Tea Mistress of any amendments.

7.2 Notifications of amendments may be made by phone, but must be also supported by written notice sent via email to bookings@thehighteamistress.com.au.

7.3 It is the Client’s responsibility to verify that amendments made to the Order were received by The High Tea Mistress. The High Tea Mistress will not be held responsible for any miscommunications which may result from a failure to do so.

7.4 Increases or amendments to the Client’s total order can be made up until the due date of the final invoice, being due seven (7) days prior to the event, with all payments due and payable in accordance with clause 4.

8 Ownership & Hire of Equipment

8.1 The High Tea Mistress agrees to grant a temporary bailment of the Equipment to you, in exchange for your payment, as required under this Agreement.

8.2 The Client acknowledges that during, and outside of, the Hire Period, The High Tea Mistress retains full title to the Equipment, subject only to the rights of the Client as a mere bailee of the Equipment, with a right only to possess and use the Equipment, in accordance with the terms of this Agreement.

8.3 The Client’s rights to use the Equipment is as a bailee only.

8.4 No person will be entitled to use, dispose of or otherwise deal with the Equipment in any way which is inconsistent with The High Tea Mistress’ rights or these conditions.

8.5 Neither payment of compensation nor any other circumstance or event will amount to, constitute or result in any transfer of title in the property or interest in the Equipment from The High Tea Mistress.

8.6 Unless otherwise agreed and confirmed in writing by The High Tea Mistress, the period of the bailment is for the Hire Period only, but remains determinable in the sole discretion of The High Tea Mistress.

8.7 Unless otherwise agreed and confirmed in writing by The High Tea Mistress, all Equipment/Services will be made available to the Client for the Hire Period.

9. Delivery, Installation & Collection

9.1 The delivery, installation & collection fee covers the delivery, installation & collection of all Equipment as described in the Order.

9.2 The High Tea Mistress will, in good faith and to the best of their ability, deliver all Equipment to the Delivery Address by no later than the Delivery time. In the event that The High Tea Mistress is unable to do so for any reason, the Client releases The High Tea Mistress from any and all Claims and Liability.

9.3 The Client must provide The High Tea Mistress with safe and appropriate access to the Delivery Address during the Hire Period.

9.4 If, for any reason, The High Tea Mistress is unable to gain access to the Delivery Address for delivery of the Equipment, The High Tea Mistress may charge at its sole discretion an additional fee as reasonably determined by The High Tea Mistress for each additional delivery attempt. If this is the case, The High Tea Mistress will provide the Client with an invoice to cover the cost, and this invoice will be due and payable immediately upon receipt.

9.5 The High Tea Mistress may charge at their sole discretion additional fees where there are multiple delivery or collection locations.

9.6 The Client must ensure measurements of the Equipment supplied by The High Tea Mistress are appropriate for the event space, including ceiling heights, door and stair access. If any of the Equipment does not safely and appropriately fit, The High Tea Mistress reserves the right to refuse delivery. In such circumstances, the Client will not be entitled to a refund of any monies paid, and The High Tea Mistress will not refund any monies paid by the Client.

9.7 If outlined in any Order, The High Tea Mistress must make all reasonable attempts to set up the Equipment after it has been delivered to the Delivery Address.

9.8 The Client must, upon placing an order, notify The High Tea Mistress if delivery of the order will be above ground level.

9.9 Where the Client fails to disclose to The High Tea Mistress an above ground level delivery, The High Tea Mistress may charge at its sole discretion an additional fee as reasonably determined by The High Tea Mistress for the additional service. If this is the case, The High Tea Mistress will provide the Client with an invoice to cover the cost, and this invoice will be due and payable immediately upon receipt.

9.10 Where the Client is not available at the Delivery Address during delivery, the Client must allocate and provide The High Tea Mistress with the contact details of a designated person to meet with The High Tea Mistress at the Delivery Address.

9.11 The High Tea Mistress will not be held accountable if any Equipment becomes damaged or missing due to failure to meet with the designated person or leaving the Equipment unattended at the Delivery Address. The Client does hereby release The High Tea Mistress from any and all Claims and Liability in the event the Client or designated person cannot be located.

9.12 The Client must make all Equipment available to The High Tea Mistress for collection at a time and date determined by The High Tea Mistress.

9.13 All Equipment must be quality checked, counted and cleaned prior to collection by or return to The High Tea Mistress.

9.14 If for any reason The High Tea Mistress is unable to gain access to the Delivery Address for collection of the Equipment, The High Tea Mistress may charge at its sole discretion an additional fee as reasonably determined by The High Tea Mistress for each additional collection attempt. If this is the case, The High Tea Mistress will provide the Client with an invoice to cover the cost, and this invoice will be due and payable immediately upon receipt.

9.15 If the agreed upon Collection Time is delayed by the Client for any reason, resulting in costs incurred by The High Tea Mistress, the Client must reimburse The High Tea Mistress for all costs associated with the delay.

10. Packing of Equipment

10.1 All Equipment must be carefully packed by the Client for collection or delivery on the Collection Date. The Client is to ensure that they are returned carefully repackaged back to The High Tea Mistress with due care in their original crates, boxes or packaging.

10.2 The Equipment must be, at all times, in a weatherproof area away from dust, mud, mildew, rain, damp, wind or snow. Equipment must not be left out in the open overnight. Any damage to the Equipment such as rips, tears, scuff marks, food products, dirt, cigarette burns, spills, dampness, breakages, or any other damage may result in the full reupholstering or replacement of the Equipment at the Client’s cost in accordance with clause 14 of this Agreement.

11. Refusal to Hire

11.1 The High Tea Mistress reserves the right to refuse the Hire Booking at their sole discretion and at any time prior to delivery of the Equipment and/or Services with no liability other than to repay any amount of the Price paid in advance of the cancellation, less any costs already incurred by The High Tea Mistress up to the date of Cancellation.

12. Model & Photo Release

12.1 Subject to any copyright laws for the benefit of any third parties, the Client expressly grants The High Tea Mistress permission to use photos from the event in various forms of advertising promoting our services. Where images are provided by a contracted photographer, appropriate credit will be given. The High Tea Mistress may use and publish photographs of all persons and décor involved in the event for editorial, trade, advertising, website use, or any other purpose and in any manner and medium that they see fit to promote The High Tea Mistress. The High Tea Mistress may, at their cost and discretion, document aspects of your event with photography, video and/or written word with vendors of their choosing. The High Tea Mistress will be respectful of your privacy. If the Client would prefer not to include names or photos of any of the event attendees, the Client must advise The High Tea Mistress in writing.

13. Dangerous Conditions

13.1 If The High Tea Mistress is exposed to:

(a) conditions which imperil or cause The High Tea Mistress to fear for their safety; or

(b) objectionable or illegal acts to which The High Tea Mistress do not wish to be a party or witness,

(c) extreme weather for outdoor events including temperatures above 35°C, winds over 30kms per hour, lightning, flooding or any other weather patterns deemed by the Bureau of Meteorology to be unsafe

then The High Tea Mistress reserves the right to immediately protect their interests, including but not limited to a cessation of the agreement, leaving the location(s), and/or terminating this Agreement.

13.2 In such circumstances, the Client will not be entitled to a refund of any monies paid by the Client, and The High Tea Mistress will not refund any monies paid by the Client. The Client shall indemnify The High Tea Mistress from any damage or injury that The High Tea Mistress may sustain, arising from, or related to, any hazardous conditions which imperil or cause The High Tea Mistress to fear for their safety, while providing the Equipment and/or Services.

14. Client’s Warranties and Acknowledgements

14.1 The Client must ensure that the Equipment is used in accordance with any operating instructions given by The High Tea Mistress and in conjunction with instructions or specifications that apply to any item of Equipment, where applicable.

14.2 The Client must not sell, charge, pledge or part with possession of the Equipment.

14.3 The Client must ensure that the use of the Equipment complies with all applicable laws.

14.4 The Equipment will be at all times, whilst in the care, custody, or control of the Client, at the risk of the Client.

14.5 The Client must, at all times during the hire period, keep and maintain the Equipment, ensuring that it is in good and proper condition.

The Client must:

(a) keep the Equipment in a secure location at all times;

(b) prevent the Equipment from being stolen, unauthorised use, misuse, vandalism, or exposed to environments that may damage the Equipment;

(c) make the Equipment available to The High Tea Mistress, in the same condition (fair wear and tear excepted) as when it was delivered to the Client by The High Tea Mistress on the Delivery Time;

(d) at all times, use and operate the Equipment safely, only for its intended use, strictly in accordance with the law and any instructions of The High Tea Mistress;

(e) not remove the Hire equipment or any part thereof from the situation and position of its installation without consent from The High Tea Mistress; and

(f) not use the equipment at locations or for purposes different to the equipment’s general designated purpose and specified suitability (including but not limited to indoor versus outdoor use).

(g) In accordance with clause 14.5(f), The High Tea Mistress may at its sole discretion and in writing approve outdoor use of the Equipment. Such approval can be withdrawn by The High Tea Mistress at any time and without notice. In such instances where The High Tea Mistress withdraws approval, the Client must have a weather-appropriate contingency plan in place.

14.6 The Client agrees that they will be liable for any loss of, or damage to, the Equipment, including damage caused by fire, water, storm, collision, accident, theft, or burglary.

14.7 The Client must upon the return the Equipment give written notice to The High Tea Mistress of any damage to the Equipment.

14.8 The assessment of any damage to the Equipment, and costing of charges to repair or replace the Equipment, shall be at the sole assessment of The High Tea Mistress.

14.9 The Client must not, without the prior written consent of The High Tea Mistress, organise for any maintenance or repairs to be carried out to the Equipment, but where such consent has been obtained and maintenance and/or repair works are carried out, the Client must attend to payment of costs and provide The High Tea Mistress with receipts for such works.

14.10 If any of the Equipment requires replacement, repair or cleaning as a result of:

(a) Theft or loss of Equipment;

(b) Willful or accidental damage during the Hire Period;

(c) Loss or damage to the Equipment whilst being loaded, unloaded and transported by the Client;

(d) Damages due to vandalism;

(e) Unexplainable Loss;

(f) Changes or modification made to the Equipment during the hire period,

The High Tea Mistress reserves the right to, without notice, charge the Client any amounts incurred by The High Tea Mistress to rectify damage arising out of the Client's breach of any provision of clause 14.

14.11 In the event that any item of Equipment is damaged, unclean or missing, The High Tea Mistress will be entitled to retain an amount equivalent to the cost of repair, replacement or cleaning from the Security Bond at their sole discretion. The balance of the Security Bond will be refunded to the Client.

14.12 If the cost of repairing, replacing, or cleaning the Equipment exceeds the Security Bond, the Client agrees to pay to The High Tea Mistress any further amount as set out by The High Tea Mistress. If this is the case, The High Tea Mistress will provide the Client with an invoice to cover the cost and this invoice will be due and payable immediately upon receipt.

14.13 The Security Bond will be refunded to the Client by The High Tea Mistress only if, upon inspection of the hired Equipment, The High Tea Mistress determines in its sole discretion that the Equipment is in the same condition as when delivered, and that the Client has not materially breached this Agreement.

14.14 The High Tea Mistress will, within three (3) Business Days of taking possession of all hired Equipment from the Client, refund the Security Bond to the Client's nominated bank account.

14.15 The refund of the Security Bond, or any part of it, under clause 14.14, is conditional upon the Equipment being in the same condition that it was supplied in, fair wear and tear excepted.

15 Theft and malicious damage to the Equipment

15.1 In the event of an incident of theft or malicious damage to the Equipment, the Client must immediately report such incident to the police and provide the police reference number to The High Tea Mistress, immediately upon its request.

15.2 The High Tea Mistress will not be liable for any inconvenience, loss or damage suffered by the Client, because of any accident, theft or malicious damage to the Equipment.

15.3 The Client will not be entitled to any refund under this Agreement where the Equipment becomes unavailable for use due to theft that occurs to the Equipment, or the Equipment being damaged, during the Hire Period.

15.4 Where the Client is reckless or negligent, resulting in theft of or malicious damage to the Equipment, the Client will be liable to pay to The High Tea Mistress the Price for the period of time that the Equipment is unavailable for hire.

16 Insurance

16.1 The High Tea Mistress will be responsible for effecting and keeping current a general insurance policy or policies in respect of the Equipment to cover the Equipment in relation to damage or destruction of the Equipment, third-party risk and public liability.

16.2 The Client must not do any act in relation to the Equipment, which has the capability of rendering void, or voidable, The High Tea Mistress’s insurance policy or policies covering the Equipment.

16.3 The Client acknowledges that they must pay for risks that the insurance does not cover including but not limited to theft, damage resulting from misuse or use violating statutory rules and regulations or damage caused by the negligence of the Client.

17 Entire Agreement

17.1 The terms and conditions contained in this Agreement constitute the entire agreement between The High Tea Mistress and the Client with respect to the Equipment provided by The High Tea Mistress and shall not be amended, except in writing.

18 Force Majeure

If The High Tea Mistress is unable to perform their obligations under this agreement due to illness, pandemic, Federal or State Government restrictions, emergency, wind, fire, explosion, casualty, strike, civil disobedience, unsafe environment, threat, act of God, war, riots, embargoes, legislation not in force as at the date of this agreement, acts of its vendors or third-party suppliers or causes beyond the control of The High Tea Mistress, The High Tea Mistress will notify the Client as soon as possible and either:

(a) any amounts paid by the Client to The High Tea Mistress can be applied towards a rescheduled date in accordance with clause 6; or

(b) any amounts paid by the Client to The High Tea Mistress will be forfeited in favour of The High Tea Mistress and any further payments will no longer be required to be paid by the Client.

19 Disputes

19.1 Both The High Tea Mistress and the Client agree that any disputes arising from the hire and use of the Equipment (except concerning payment of fees or charges) shall be negotiated with a view to settlement prior to either party issuing legal proceedings.

20 Governing Law

20.1 The terms of this Agreement shall be governed by the law of the State of Victoria and shall apply to any dispute arising out of this Agreement.

21 Confidential Information and Intellectual Property

21.1 The Client will not use, or disclose to any third party, any Confidential Information disclosed to the Client.

21.2 Copyright in all drawings, reports, specifications, bills of quantity, calculations and other documents provided by The High Tea Mistress in connection with the Equipment Hire or Service shall remain the sole property of The High Tea Mistress, unless otherwise agreed in writing by The High Tea Mistress.

21.3 The High Tea Mistress may, within reason and without the Client’s approval, engage third parties to assist The High Tea Mistress in delivery, construction, repair or cleaning of the Equipment and/or of the Services. The Client accepts responsibility for payment of all monies due to any such third party as specified within the Quotation/Invoice.

22 Warranties
22.1 The High Tea Mistress does not warrant the Equipment and/or Services are fit for any purpose whether or not made known by the Client or any third party to The High Tea Mistress or any member of The High Tea Mistress' Personnel.
22.2 The High Tea Mistress excludes all express and implied conditions and warranties in relation to the Equipment and/or Services and this Agreement except those conditions or warranties that cannot be excluded by law.

23 Liability
23.1 Nothing in these T&Cs is intended to have the effect of limiting The High Tea Mistress' liability under the Competition and Consumer Act 2010 (Cth) or any equivalent Act of any State or Territory of Australia except to the extent permitted by such Acts.
23.2 Subject to clause 23.1, The High Tea Mistress accepts no responsibility and is not liable for any direct or indirect, special loss or damage or injury to any person, corporation, or other entity in connection with a Contract or the Services, howsoever caused.
23.3 The High Tea Mistress shall not be held responsible for delays or cancellations due to causes beyond their control, such as weather conditions, acts of any third parties, schedule complications, or restrictions of the venue(s).
23.4 The High Tea Mistress will not be liable to the Client or any other person for any Liability or Claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.
23.5 The High Tea Mistress reserves the right to cancel any Contract at any time prior to delivery and/or installation of the Equipment with no liability other than to repay any amount of the Price paid in advance of the cancellation, less the non-refundable Deposit and any further costs incurred by The High Tea Mistress up to the date of Cancellation, including costs of Equipment and labour.
23.6 Other than expressly provided for in this Agreement, the Client acknowledges that they have not relied on any statement or representation by The High Tea Mistress in respect of the Equipment/Services or use of the Equipment by the Client, irrespective of whether or not the Client's purpose for the use of the Equipment/Services is known to The High Tea Mistress.
23.7 The Client acknowledges that it enters into this Agreement, having carried out its own due diligence as to the condition, suitability and fitness of the Equipment/Services for the Client's purpose, and that it has not relied on any skill and judgment, or on any representation made by, or on behalf of, The High Tea Mistress.
23.8 The Client assumes all responsibility for obtaining the relevant permissions from third parties, including but not limited to the venue(s).
23.9 The Client represents and warrants that no litigation or administrative or other proceedings before or of any court or governmental authority or agency or other tribunal have, to the knowledge of the Client, been initiated or threatened against the Client or any of the Client’s assets, which would, might or have a materially adverse effect upon the business, assets or financial condition of the Client.
23.10 The Client agrees that they are liable for all injury, loss and/or damage suffered by The High Tea Mistress while at the Delivery Address.

24. Indemnity

24.1 The Client indemnifies The High Tea Mistress and each member of The High Tea Mistress’ personnel on a full and continuing indemnity basis from and against any Liability or Claim arising directly or indirectly in relation to:

(a) the Client’s breach of these T&Cs or any Contract;

(b) the negligence or wilful misconduct of the Client or any member of the Client’s Personnel;

(c) damage to the property of the Client or any third party during any delivery of Equipment;

(d) any breakage or contamination of Equipment during any transport or delivery;

(e) the Equipment and/or Services not being fit for any particular purpose;

(f) the Client or any member of the Client’s Personnel directly or indirectly causing any delay in the supply of any Equipment and/or Services;

(g) the Client or any member of the Client’s Personnel refusing to accept any delivery; or

(h) the Client or any member of the Client’s Personnel purporting to cancel a Contract.

25. Termination

25.1 The High Tea Mistress may immediately terminate, or suspend the performance of any Contract and the Client must immediately pay any money owed to The High Tea Mistress if:

(a) the Client breaches a term of these T&Cs or any Contract and does not remedy the breach within fourteen (14) days;

(b) any invoice rendered by The High Tea Mistress remains outstanding in accordance with clause 4;

(c) the Client breaches a term of these T&Cs or any Contract which is not capable of remedy;

(d) there is any direct or indirect change in the Control of the Client;

(e) an Insolvency Event arises in relation to the Client; or

(f) The High Tea Mistress gives fourteen (14) days notice of its intention to terminate or suspend the performance of the Contract.

25.2 The Client may immediately terminate, or suspend the performance of, any Contract if:

(a) In the event of substantial breach by The High Tea Mistress of its obligations hereunder, where any such breach has not been remedied within 30 days of written notice from the Client requiring the breach to be remedied;

(b) Upon giving The High Tea Mistress thirty (30) days written notice of its intention to terminate or suspend the performance of the Contract.

26. Notice

26.1 Notices must be in writing and be given personally by express or registered post with delivery confirmation or by email with receipt confirmation.

27. Jurisdiction

27.1 Any Contract between The High Tea Mistress and the Client is governed by the laws of the state of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and any courts which may hear appeals from those courts in respect of any proceedings in connection with any Contract.

28. Severability

28.1 If any of these Terms is invalid or unenforceable in any jurisdiction, that Term must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining Terms or affecting the validity or enforceability of that Term in any other jurisdiction.

29. Miscellaneous

31.1 These T&Cs or any Contract may only be amended with The High Tea Mistress’ express written agreement. Any waiver by The High Tea Mistress must be express and in writing.
31.2 The High Tea Mistress’ rights under these T&Cs or any Contract do not exclude any other rights The High Tea Mistress may have at law.
31.3 If any provision of these T&Cs or any Contract is unenforceable, the provision will be severed and the remaining provisions will continue to apply.
31.4 The Client must immediately provide written notice to The High Tea Mistress if there is any direct or indirect change in the Control of the Client.
31.5 The High Tea Mistress may assign any rights or benefits under any Contract or these T&Cs or any Contract to any third party.
31.6 The Client may only assign any rights or benefits under any Contract or these T&Cs or any Contract with The High Tea Mistress’ prior written consent.
31.7 These T&Cs and any Contract will be governed by the law of the state in which The High Tea Mistress’ address is located.
31.8 This Agreement incorporates the entire understanding of the parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
31.9 In these T&Cs:
(a) the headings do not affect interpretation;
(b) the singular includes the plural and vice versa, and a gender includes other genders;
(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(d) a reference to a party to a document includes the party's executors, administrators, heirs, successors in title, permitted assigns and substitutes;
(e) a reference to a person includes a natural person, body corporate, partnership, trust, association or any governmental, administrative or judicial body, tribunal, department, commission, authority, agency, minister, corporation or instrumentality or any other entity;
(f) a reference to a statute, ordinance, code or other law includes regulations, rules and other instruments under the statute, ordinance, code or other law and any consolidations, amendments, re-enactments or replacements;
(g) a word or expression defined in the Corporations Act has the meaning given to the word or expression in the Corporations Act;
(h) the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions;
(i) any agreement, representation, warranty or indemnity by two or more parties binds those parties jointly and severally;