Terms and Conditions

In these Terms, unless the context requires otherwise:

ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Booking means any request, instruction, manifest, electronic upload, email, phone request, portal entry, standing delivery arrangement or other request by or on behalf of the Customer for Meal Cart to provide Services.

Business Customer means a customer acquiring the Services for, or in connection with, a business, trade, profession, occupation, commercial operation or resale activity.

Carriage means the whole of the operations and services undertaken by Meal Cart or any person on Meal Cart's behalf in respect of Goods, including collection, receiving, sorting, scanning, consolidation, cross-docking, loading, refrigerated transport, delivery, unloading, attempted delivery, storage, return, redelivery, route allocation and related services.

Chain of Responsibility Laws means the Heavy Vehicle National Law as applied in any Australian jurisdiction and any other applicable transport, road safety, fatigue, mass, dimension, load restraint, speed, vehicle safety or workplace safety law.

Consignee means the person, business, receiver, end customer, site, warehouse, store, restaurant, hospital, facility or other delivery location nominated to receive the Goods.

Consignor means the Customer, sender, supplier, owner or person who gives Meal Cart instructions in respect of the Goods.

Consequential Loss includes indirect loss, loss of revenue, loss of profit, loss of contract, loss of opportunity, business interruption, loss of goodwill, reputational damage, penalties, liquidated damages, customer refunds, replacement product costs beyond the agreed liability limit, loss of use, loss of production, delay costs, wasted expenditure and any special, punitive or exemplary damages.

Customer means the person, company, partnership, trust, sole trader, sender, consignor, account holder, party requesting the Services, or any person on whose behalf the Services are requested.

Dangerous Goods means goods that are or may become dangerous, hazardous, explosive, flammable, corrosive, toxic, infectious, noxious, damaging, temperature reactive, regulated, prohibited, restricted or otherwise unsafe or unsuitable for ordinary refrigerated courier carriage.

Delivery Window means the estimated or agreed period within which Meal Cart will use reasonable endeavours to deliver Goods.

Excluded Goods means goods Meal Cart does not accept unless expressly agreed in writing, including cash, negotiable instruments, securities, bullion, precious metals, jewellery, gemstones, works of art, antiques, firearms, ammunition, explosives, illegal goods, controlled substances, live animals, human tissue, blood products, organs, high-value unique items, fragile unpackaged goods, household effects, personal effects, furniture unless approved, whitegoods unless approved, dangerous goods, and any goods requiring a licence or permit which has not been disclosed and accepted by Meal Cart in writing.

Force Majeure Event means any event beyond Meal Cart's reasonable control, including severe weather, flood, fire, road closure, traffic incident, vehicle breakdown, refrigeration breakdown not caused by Meal Cart's wilful misconduct, accident, fuel shortage, industrial action, pandemic, epidemic, public health event, cyber incident, power outage, system outage, third-party platform outage, acts of government, police or authority, quarantine restriction, war, terrorism, civil disturbance, natural disaster, or any other event preventing, delaying or affecting the Services.

Goods means any product, package, carton, box, crate, pallet, container, label, packaging or item accepted by Meal Cart for Carriage or handling.

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

Meal Cart, we, us or our means Meal Cart Refrigerated Couriers Pty Ltd ACN 642 240 640 and includes its directors, officers, employees, agents, contractors, drivers and subcontractors.

POD means proof of delivery, which may include a signature, name, photo, GPS location, timestamp, temperature photo, delivery note, driver note, scan event or electronic confirmation.

PPSA means the Personal Property Securities Act 2009 (Cth).

Services means the services provided by Meal Cart, including refrigerated delivery, collection, chilled transport, route delivery, residential delivery, business delivery, pallet delivery, sorting, scanning, storage, return, redelivery, system access, reporting, POD and related logistics services.

Terms means these Standard Terms and Conditions as updated by Meal Cart from time to time.

2.1 These Terms apply to every Booking and every Service provided by Meal Cart.

2.2 By requesting, booking, using, accepting, paying for or continuing to use Meal Cart's Services, the Customer accepts these Terms.

2.3 These Terms apply despite anything contained in any purchase order, customer portal, booking note, delivery instruction, email footer, supplier form or other document issued by the Customer, unless Meal Cart expressly agrees in writing and signs a variation.

2.4 Meal Cart may update these Terms from time to time. Updated Terms will apply from the date published on Meal Cart's website or otherwise notified to Customers.

2.5 If a separate signed service agreement exists between Meal Cart and the Customer, that agreement will apply to the extent of any direct inconsistency, but these Terms will otherwise continue to apply.

3.1 Meal Cart is not a common carrier and does not accept liability as a common carrier.

3.2 Meal Cart may refuse, suspend, cancel or decline to carry any Goods, Booking, Customer, class of goods, delivery area or delivery instruction at its discretion, including where Meal Cart considers the Goods unsuitable, unsafe, improperly packed, incorrectly labelled, outside agreed service scope, commercially unviable, unlawful, high risk, or inconsistent with these Terms.

3.3 Meal Cart's Services are provided only on these Terms and on the basis that the Customer has arranged, or will arrange, suitable insurance for its Goods.

4.1 The Customer warrants that:

(a) it is authorised by the owner and any person with an interest in the Goods to arrange Carriage and accept these Terms;

(b) all information provided to Meal Cart is complete, accurate and not misleading, including delivery addresses, contact names, phone numbers, item counts, weights, dimensions, temperature requirements, delivery instructions, access details and special handling requirements;

(c) the Goods are lawful, safe, fit for Carriage, properly packaged, sealed, labelled and able to withstand the ordinary incidents of refrigerated courier transport;

(d) the Goods are not Dangerous Goods or Excluded Goods unless Meal Cart has agreed in writing to carry them;

(e) the Goods have been prepared, stored and handled in accordance with all applicable food safety, product safety, labelling, temperature, shelf-life and regulatory requirements before being handed to Meal Cart;

(f) the Customer has complied with all applicable laws, including food safety laws, Chain of Responsibility Laws, WHS laws, product labelling laws, biosecurity laws and consumer laws;

(g) the nominated pickup and delivery locations are safe, accessible and suitable for Meal Cart's vehicles and personnel;

(h) the Customer will not impose any instruction, timeframe or requirement that may cause Meal Cart, its drivers or subcontractors to speed, drive while fatigued, breach road laws, breach WHS obligations, overload a vehicle, incorrectly restrain Goods or otherwise act unsafely or unlawfully.

4.2 The Customer must promptly provide Meal Cart with all documents and information required for the lawful and efficient provision of the Services.

4.3 Meal Cart is entitled to rely on the Customer's information and is not required to independently verify it.

5.1 Bookings must be submitted by Meal Cart's nominated cut-off time, unless Meal Cart agrees otherwise.

5.2 Meal Cart may refuse or defer any Booking submitted after cut-off.

5.3 Once a Booking is accepted, Meal Cart may reserve vehicle space, driver time, warehouse space, route capacity and operational resources for that Booking.

5.4 Booked jobs are chargeable once accepted by Meal Cart, even if the Customer later cancels the Booking, fails to provide the Goods, provides incorrect labels, fails to make the Goods available, or otherwise prevents the Services from being performed, unless Meal Cart agrees otherwise in writing.

5.5 The Customer must notify Meal Cart of any change, cancellation or amendment before the applicable cut-off time. Late changes may be refused or may incur additional charges.

5.6 Standing bookings, recurring bookings and regular route allocations may be charged unless cancelled in accordance with Meal Cart's agreed cancellation process.

6.1 The Customer is responsible for ensuring all Goods are properly packed, sealed, labelled and presented for refrigerated transport.

6.2 Packaging must be sufficient to protect the Goods from ordinary handling, stacking, movement, vibration, road conditions, temperature variation during loading and unloading, and other ordinary incidents of transport.

6.3 Each carton, box, crate or package must be clearly labelled with the correct order number, customer name, delivery address, suburb, postcode, and any other information required by Meal Cart.

6.4 Where Meal Cart requires barcodes, QR codes, scan labels or unique package identifiers, the Customer must apply those labels correctly before collection or drop-off.

6.5 Meal Cart may charge additional fees for relabelling, manual sorting, searching, correcting, scanning, reprinting labels, splitting orders, consolidating orders or handling incorrectly labelled Goods.

6.6 Unless Meal Cart agrees otherwise, each manually handled box or package must not exceed 12 kilograms. Any heavier item may be refused, delayed, re-packed, split, or handled at additional cost.

6.7 Pallets must be stable, safely wrapped, stackable where required, within legal weight and dimension limits, and suitable for forklift or pallet-jack handling.

6.8 Meal Cart is not liable for damage, loss, delay, misdelivery or temperature issues caused or contributed to by insufficient, unsuitable, incorrect or defective packaging, labelling, palletisation, sealing, preparation or product condition.

7.1 Meal Cart provides refrigerated delivery services within agreed temperature categories, subject to the nature of the Goods, packaging, route conditions, loading and unloading requirements, customer instructions and operational realities.

7.2 Unless expressly agreed otherwise in writing, Meal Cart's standard chilled service is intended for Goods suitable for refrigerated transport within approximately 0°C to 5°C vehicle set-point conditions.

7.3 The Customer must notify Meal Cart in writing before Booking if Goods require a specific temperature range, freezer conditions, validated cold-chain conditions, pharmaceutical-grade monitoring, continuous data logging, segregation, special handling, dry ice, gel packs, insulated packaging or any other special temperature protocol.

7.4 Meal Cart is not responsible for the internal temperature of Goods unless Meal Cart has expressly agreed in writing to provide product-temperature monitoring.

7.5 Vehicle air temperature, cold-room temperature, product temperature and temperature at the point of unloading or after delivery may differ. The Customer acknowledges that Goods may be exposed to ambient conditions during loading, unloading, walking, trolleying, site access, receiver delays, apartment access, dock delays, customer handover and other ordinary delivery activities.

7.6 Any temperature check or dispute must, where practicable, be supported by contemporaneous evidence taken at the vehicle or immediately at the point of delivery, including product probe readings where relevant, timestamps, photos, delivery location details and product condition evidence.

7.7 Meal Cart is not liable for temperature issues caused or contributed to by:

(a) Goods being handed to Meal Cart outside the required temperature range;

(b) insufficient gel packs, insulation, packaging or thermal protection;

(c) excessive receiver delay, unloading delay, access delay or site delay;

(d) Goods being left unattended pursuant to authority to leave or customer instruction;

(e) incorrect delivery information or inability to contact the receiver;

(f) the Customer's failure to provide accurate temperature requirements;

(g) the inherent nature, shelf life, expiry, fragility or condition of the Goods;

(h) ambient exposure during ordinary loading, unloading or delivery activities;

(i) events beyond Meal Cart's reasonable control.

8.1 Goods must be ready, sorted, labelled and available at the agreed collection time or delivered to Meal Cart's nominated location by the agreed drop-off time.

8.2 Delays at pickup, delivery, dock, warehouse, gatehouse, security, reception, loading bay or receiver location may incur waiting time, redelivery fees, additional handling fees or storage fees.

8.3 Where Goods are delivered to Meal Cart before delivery, Meal Cart may store the Goods in a refrigerated or appropriate location having regard to the agreed service type.

8.4 Meal Cart is not responsible for verifying product counts, batch numbers, use-by dates, packaging condition, temperature, order accuracy or internal contents unless Meal Cart expressly agrees in writing to do so.

8.5 Any warehouse, cool-room or storage service provided by Meal Cart is incidental to the Services unless a separate storage agreement is signed.

9.1 Meal Cart will use reasonable endeavours to deliver Goods within the agreed or estimated Delivery Window.

9.2 Delivery times are estimates only and are not guaranteed unless Meal Cart expressly agrees in writing to a dedicated time-critical service.

9.3 Meal Cart is not liable for delay, missed customer expectations, customer refunds, rejected deliveries, penalties or Consequential Loss arising from failure to deliver at a particular time.

9.4 The Customer is responsible for informing its customers and receivers of realistic delivery windows and any limitations of the Services.

9.5 Meal Cart may alter route order, vehicle allocation, delivery sequence, method of delivery or subcontractor allocation at its discretion.

10.1 Where the Customer or Consignee authorises Goods to be left unattended, or where the delivery location is unattended and Meal Cart reasonably considers it appropriate to leave the Goods, Meal Cart may leave the Goods at or near the nominated address.

10.2 Delivery is deemed complete when the Goods are delivered to the nominated address, handed to a person at that address, left in accordance with authority or reasonable driver judgment, or otherwise dealt with in accordance with the Customer's instructions.

10.3 POD may be provided electronically and may include a photo, name, signature, GPS record, timestamp, driver note, scan or other available delivery record.

10.4 Meal Cart is not liable for loss, theft, spoilage, tampering, heat exposure, contamination, damage or deterioration occurring after delivery is completed.

10.5 If delivery cannot be completed due to incorrect address, unsafe access, no access, receiver refusal, inability to contact the receiver, site closure, insufficient instructions or other non-Meal Cart fault, Meal Cart may return, store, dispose of if perishable and unsafe, or redeliver the Goods at the Customer's cost.

11.1 If a Consignee refuses delivery, is unavailable, disputes delivery, requests a change, or cannot accept the Goods, Meal Cart may seek instructions from the Customer.

11.2 If instructions are not promptly received, Meal Cart may take reasonable steps it considers appropriate, including returning the Goods, storing the Goods, leaving the Goods where safe, or disposing of perishable Goods where continued holding creates a safety, hygiene, legal or commercial risk.

11.3 Redelivery, return, storage, disposal, waiting time and additional handling are chargeable to the Customer.

11.4 Meal Cart is not responsible for any loss or deterioration caused by receiver refusal, receiver delay, incorrect instructions or failed delivery where Meal Cart was not at fault.

12.1 Meal Cart may subcontract, outsource or arrange for another carrier, driver, contractor, warehouse, agent or service provider to perform all or part of the Services.

12.2 Every exemption, defence, limitation of liability, indemnity and protection available to Meal Cart under these Terms extends to Meal Cart's directors, officers, employees, drivers, agents, contractors and subcontractors.

12.3 Meal Cart is deemed to contract as agent and trustee for those persons for the purpose of this clause.

13.1 The Customer must not tender Dangerous Goods, Excluded Goods, illegal goods, restricted goods or unsuitable goods without Meal Cart's prior written consent.

13.2 If Meal Cart discovers or reasonably suspects that Goods are Dangerous Goods, Excluded Goods, illegal, unsafe, leaking, contaminated, infested, incorrectly declared, temperature-abused or otherwise unsuitable, Meal Cart may refuse, isolate, return, dispose of, destroy, report or otherwise deal with the Goods as Meal Cart reasonably considers necessary.

13.3 The Customer is liable for all costs, losses, fines, penalties, clean-up costs, disposal costs, damage, injury, delay and claims arising from such Goods.

14.1 Goods are carried at the Customer's risk except to the extent Meal Cart is liable under these Terms and applicable law.

14.2 Meal Cart does not provide insurance over the Goods unless expressly agreed in writing.

14.3 The Customer must arrange and maintain appropriate insurance for the Goods, including cover for loss, damage, deterioration, spoilage, theft, temperature variation, delay, contamination, rejection and business interruption.

14.4 The Customer must ensure its insurance includes any waiver of subrogation reasonably required by Meal Cart where Goods are stored, handled or transported by Meal Cart.

15.1 To the maximum extent permitted by law, Meal Cart is not liable for loss of Goods, damage to Goods, deterioration, spoilage, temperature variation, delay, misdelivery, non-delivery or failure to follow instructions unless caused by Meal Cart's proven negligence or wilful misconduct.

15.2 Meal Cart is not liable for any Consequential Loss under any circumstances, including where Meal Cart has been advised of the possibility of such loss.

15.3 Meal Cart is not liable for loss, damage, deterioration, spoilage, delay, misdelivery or non-delivery caused or contributed to by:

(a) the Customer, Consignor, Consignee, receiver, third-party carrier, warehouse, supplier or any person other than Meal Cart;

(b) incorrect, incomplete or late information;

(c) unsuitable packaging, labelling, pallets, crates, containers or product preparation;

(d) inherent vice, natural deterioration, expiry, use-by date, fragility or nature of the Goods;

(e) temperature abuse before handover to Meal Cart or after delivery;

(f) ambient exposure during ordinary delivery activities;

(g) receiver delay, site delay, dock delay, security delay or access issue;

(h) road conditions, traffic, congestion, accident, weather or Force Majeure Event;

(i) compliance with any law, authority direction, safety requirement or Chain of Responsibility obligation;

(j) the Customer's instructions;

(k) theft or tampering after authority-to-leave delivery;

(l) mechanical, electrical or electronic failure of the Goods;

(m) contamination, mould, bacteria, pathogen, infestation, leakage or product defect not caused by Meal Cart's proven negligence.

15.4 To the maximum extent permitted by law, Meal Cart's total aggregate liability for any one incident is limited to the lesser of:

(a) the reasonable replacement value of the affected Goods directly lost or damaged;

(b) the cost of re-performing the Services; or

(c) $500 per consignment.

15.5 The liability limit in clause 15.4 does not apply to the extent liability cannot lawfully be limited or where the loss is caused by Meal Cart's fraud, criminal conduct or deliberate wilful misconduct.

15.6 Meal Cart's pricing is based on these exclusions and limitations. If the Customer requires a higher liability limit, the Customer must request this in writing before Booking and Meal Cart may quote a different price or decline the request.

16.1 Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy that cannot lawfully be excluded, restricted or modified under the ACL or any other applicable law.

16.2 Where the ACL permits Meal Cart to limit its liability, Meal Cart's liability is limited to, at Meal Cart's option:

(a) supplying the Services again; or

(b) paying the cost of having the Services supplied again.

16.3 The Customer acknowledges that, where it is acquiring Services as a Business Customer, certain consumer protections may not apply or may apply only to the extent required by law.

17.1 The Customer must inspect Goods immediately upon delivery or attempted delivery.

17.2 Any claim for loss, damage, temperature issue, spoilage, misdelivery, shortage, delay or delivery dispute must be notified to Meal Cart in writing as soon as possible and no later than:

(a) for perishable, chilled, frozen, fresh, food or temperature-sensitive Goods: within 2 hours of delivery or attempted delivery;

(b) for non-perishable Goods: by 5:00pm on the same Business Day as delivery or attempted delivery;

(c) for alleged non-delivery or lost Goods: within 24 hours of the expected delivery date;

(d) for invoice disputes: within 7 days of invoice issue.

17.3 A claim must include sufficient evidence for Meal Cart to investigate, including order number, delivery address, photos, product condition evidence, packaging evidence, temperature evidence, customer complaint details, receiver details, timestamps and claimed value.

17.4 Meal Cart may reject any claim where Goods have been moved, disposed of, consumed, altered, repacked or made unavailable for inspection.

17.5 Meal Cart is discharged from liability to the extent the Customer's delay or failure to provide notice or evidence prejudices Meal Cart's ability to investigate.

17.6 No claim may be set off against Meal Cart's invoices unless Meal Cart agrees in writing.

18.1 The Customer must pay Meal Cart's charges, including delivery fees, pickup fees, pallet fees, fuel levy, waiting time, redelivery fees, return fees, storage fees, handling fees, relabelling fees, manual processing fees, public holiday charges, after-hours charges, tolls, surcharges, administration fees and any other agreed or applicable charges.

18.2 All prices are exclusive of GST unless stated otherwise.

18.3 Meal Cart may apply or vary fuel levies, peak surcharges, regional surcharges, public holiday surcharges, urgent service fees, waiting time and other operational charges by notice to the Customer or publication on its website, rate card or invoice.

18.4 Invoices must be paid by the due date stated on the invoice or, if no date is stated, within 7 days of issue.

18.5 Meal Cart may require payment in advance, COD, credit approval, director guarantee, credit application approval or other security before providing Services.

18.6 Meal Cart may vary or withdraw credit terms at any time.

18.7 Payments must be made without set-off, deduction, withholding or counterclaim.

19.1 If any amount is overdue, Meal Cart may, without limiting any other right:

(a) suspend or cancel Services;

(b) place the Customer's account on hold;

(c) refuse release or delivery of Goods subject to any lawful lien;

(d) require payment upfront for future Services;

(e) withdraw credit terms;

(f) charge interest at 1.5% per month, calculated daily;

(g) recover all collection costs, legal costs, mercantile agent costs, debt recovery fees, bank fees and administrative costs on an indemnity basis;

(h) report payment default to a credit reporting body or commercial credit agency where lawful.

19.2 Meal Cart is not liable for any loss, delay, deterioration, spoilage, missed delivery or Consequential Loss arising from suspension or account hold due to overdue amounts.

20.1 Meal Cart has a general and particular lien over all Goods in its possession or control for all amounts due by the Customer to Meal Cart on any account whatsoever.

20.2 If amounts remain unpaid, Meal Cart may retain, store, dispose of or sell the Goods in accordance with applicable law.

20.3 In the case of perishable Goods, Meal Cart may dispose of or sell the Goods without delay where necessary to avoid deterioration, hygiene risk, storage cost, safety risk or commercial loss.

20.4 The Customer grants Meal Cart a security interest in the Goods and any proceeds to secure payment of all amounts owing to Meal Cart.

20.5 The Customer must do anything reasonably required by Meal Cart to perfect, register, maintain or enforce any security interest under the PPSA.

21.1 Unless Meal Cart agrees otherwise in writing, pallet exchange is not provided and pallets remain the Customer's responsibility.

21.2 The Customer is responsible for tracking, reconciling, collecting and managing its own pallets, crates, bins, tubs and reusable packaging.

21.3 Any Meal Cart crates, bins, labels, scanners, equipment or property issued to the Customer remain Meal Cart's property and must be returned on request.

21.4 Lost, damaged, contaminated, excessively dirty or unreturned crates, bins or equipment may be charged to the Customer at replacement or cleaning cost.

21.5 Meal Cart may refuse to handle unsafe, dirty, damaged or contaminated crates or equipment.

22.1 The Customer must provide safe systems, safe access, safe loading and unloading areas, appropriate equipment, trained staff and a safe working environment at all pickup and delivery locations under its control.

22.2 Meal Cart may refuse collection or delivery where a site, item, instruction or condition presents a safety risk.

22.3 The Customer must promptly notify Meal Cart of any site hazards, induction requirements, dock rules, access restrictions, weight issues, manual handling risks or safety incidents.

22.4 The Customer indemnifies Meal Cart for any injury, damage, cost, fine or claim arising from unsafe premises, unsafe instructions, overloaded Goods, unsuitable equipment, inadequate access, or breach of WHS obligations by the Customer or any site under the Customer's control.

23.1 The Customer must comply with all Chain of Responsibility Laws.

23.2 The Customer must not do anything, or require Meal Cart to do anything, that would cause or encourage a breach of Chain of Responsibility Laws.

23.3 Meal Cart may refuse, delay, alter or cancel any Service where Meal Cart reasonably considers it necessary to comply with Chain of Responsibility Laws, fatigue obligations, vehicle mass or dimension requirements, load restraint obligations or road safety obligations.

23.4 Meal Cart is not liable for any delay, missed timeslot, refusal, route change or additional cost arising from compliance with Chain of Responsibility Laws.

24.1 Meal Cart may provide access to online portals, tracking systems, ETA links, SMS/email notifications, POD systems, manifests, scanning tools or other technology.

24.2 Technology services are provided on an "as available" basis and may depend on third-party platforms, mobile networks, GPS, driver devices, internet access and external providers.

24.3 Meal Cart is not liable for any failure, outage, delay, inaccuracy or unavailability of tracking, ETA, SMS, POD, portal, scanning or notification systems.

24.4 The Customer must ensure any portal users keep login credentials secure and use the system only for authorised purposes.

25.1 All rate cards, quotes, schedules, operational documents, postcode lists, processes, portal information and commercial arrangements provided by Meal Cart are confidential unless Meal Cart states otherwise.

25.2 The Customer must not disclose Meal Cart's pricing, quotes, rate cards, discounts, postcode lists or commercial terms to any third party without Meal Cart's written consent.

25.3 Meal Cart's pricing is specific to the Customer, its volumes, service profile, risk, delivery areas, account history and operational requirements. The Customer must not use Meal Cart's pricing to negotiate, compare, undercut or obtain pricing from another carrier.

26.1 The Customer must ensure it has all necessary rights and consents to provide Meal Cart with personal information about receivers, customers, staff and other persons.

26.2 Meal Cart may use personal information provided by the Customer for the purpose of providing Services, including delivery notifications, proof of delivery, customer contact, delivery verification, claims investigation, invoicing and account management.

26.3 The Customer must not provide unnecessary sensitive information to Meal Cart.

27.1 The Customer indemnifies Meal Cart against all claims, losses, liabilities, damages, fines, penalties, costs and expenses arising from or connected with:

(a) the Customer's breach of these Terms;

(b) inaccurate, incomplete or misleading information supplied by the Customer;

(c) the nature, condition, packaging, labelling, temperature, legality, safety or suitability of the Goods;

(d) injury or damage caused by the Goods;

(e) claims by the owner, Consignee, receiver, end customer or any third party relating to the Goods or Services, except to the extent caused by Meal Cart's proven negligence;

(f) the Customer's breach of law, food safety obligation, Chain of Responsibility Law, WHS obligation or privacy obligation;

(g) any instruction given by the Customer or its representatives.

28.1 Meal Cart is not liable for any failure, delay, non-performance, route change, additional cost or inability to provide Services caused or contributed to by a Force Majeure Event.

28.2 If a Force Majeure Event causes additional cost, including additional kilometres, tolls, labour, waiting time, storage, subcontractor cost or redelivery cost, Meal Cart may charge the Customer for those additional costs.

28.3 If a Force Majeure Event continues for more than 30 days, either party may terminate the affected Services by written notice.

29.1 Meal Cart may suspend or terminate Services immediately by notice if:

(a) the Customer fails to pay any amount when due;

(b) the Customer breaches these Terms;

(c) the Customer becomes insolvent or appears unable to pay its debts;

(d) the Customer provides unsafe, unlawful, unsuitable or incorrectly declared Goods;

(e) Meal Cart considers continued Services present a commercial, legal, safety, reputational or operational risk;

(f) the Customer engages in abusive, threatening, misleading or improper conduct towards Meal Cart's staff, drivers or contractors.

29.2 Termination does not affect any rights, liabilities or obligations accrued before termination.

29.3 Clauses relating to payment, liability, claims, indemnity, confidentiality, lien, insurance and governing law survive termination.

30.1 Unless stated otherwise, all amounts are exclusive of GST.

30.2 The Customer must pay GST in addition to any taxable supply made by Meal Cart.

30.3 Meal Cart will issue tax invoices as required by law.

31.1 These Terms are governed by the laws of Victoria, Australia.

31.2 The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.

32.1 These Terms constitute the entire agreement between Meal Cart and the Customer regarding the Services, except to the extent a separate signed agreement expressly varies them.

32.2 A waiver is only effective if given in writing by Meal Cart.

32.3 If any provision is invalid, illegal or unenforceable, it is severed to the extent necessary and the remaining provisions continue in force.

32.4 The Customer must not assign its rights or obligations without Meal Cart's written consent.

32.5 Meal Cart may assign, transfer or subcontract its rights and obligations where reasonably necessary for business or operational purposes.

32.6 A reference to writing includes email and electronic communication.

By booking or using Meal Cart's Services, the Customer acknowledges that:

(a) Meal Cart is not a common carrier;

(b) insurance over the Goods is not included unless expressly agreed in writing;

(c) delivery times are not guaranteed unless expressly agreed in writing;

(d) booked jobs may be chargeable even if Goods are not supplied or are cancelled late;

(e) claims must be notified strictly within the timeframes in these Terms;

(f) Meal Cart's liability is limited to the extent permitted by law;

(g) the Customer is responsible for correct packaging, labelling, instructions, customer communication and lawful preparation of the Goods.