Definitions and Interpretation 

In these Terms and Conditions: 

• **Company** – MCM Logistics Pty Ltd and its related bodies corporate, including all officers, servants, agents and sub-contractors 

• **Client** – any person who delivers Goods to MCM or engages MCM to provide services 

• **Goods** – cargo accepted from the Client, including containers, packaging or pallets supplied 

• **Services** – all services undertaken by MCM including storage, handling, picking, packing, and distribution of Goods 

• **Subcontractor** – any person who performs carriage or storage services on behalf of MCM 

1. Application of These Terms 

These Terms and Conditions apply to and bind the Client in respect of all Services provided by MCM. By sending Goods to MCM or requesting Services, the Client accepts these Terms and Conditions in full. The Client does not need to sign anything—trading with MCM means automatic acceptance of these terms. 

MCM is not a common carrier and reserves the right to refuse Services to any person or for any Goods at its sole discretion. 

2. What MCM Provide 

MCM provides warehouse storage, picking, packing, and distribution services. MCM will accept, store, handle and send Goods according to the Client’s instructions and these terms. MCM will confirm acceptance of Goods by email or in writing. 

3. Client Responsibilities and Warranties 

To help MCM serve the Client well, the Client must ensure: 

• The Client owns the Goods or has permission from the owner to store and distribute them 

• All Goods are accurately described and properly packaged in compliance with all applicable laws 

• Master data (address, contact details, delivery information) is kept current 

• Complete and correct information is provided about delivery requirements 

• Nothing sent is Dangerous Goods, hazardous, or will damage other Goods 

The Client warrants that it has complied with all laws and regulations relating to packaging, labelling, storing and carriage of the Goods. The Client indemnifies MCM for any liability arising from failure to comply with these warranties. 

The Client is responsible for ensuring Goods conform with any packaging requirements of the consignee and for any expense incurred by MCM from failure to conform. 

4. Dangerous Goods 

The Client must not tender Goods that are volatile, explosive, dangerous, inflammable, offensive (including radioactive materials) unless MCM has expressly agreed in writing after receiving full description of the Goods. 

If MCM discovers or suspects Goods are or may become dangerous, inflammable, explosive or damaging, MCM may destroy, dispose of, or abandon the Goods without notice, compensation, or prejudice to MCM’s right to charge for services rendered. The Client is liable for and indemnifies MCM against all loss and damage caused by Dangerous Goods. 

5. Master Data and Transport Pricing 

The Client is responsible for ensuring all master data is accurate, complete, and current. The Client must notify MCM promptly of any changes to product attributes, delivery addresses, contact details, or special handling requirements. Failure to provide accurate master data may result in additional charges, delays in processing, or incorrect delivery. 

Transport pricing is based on the combination of master data and outbound order details provided by the Client. This includes the Client’s delivery instructions, volumes, destinations, and any special handling requirements. If the Client’s master data changes or was incomplete or inaccurate when the order was placed, delivery costs and handling charges may change. 

MCM uses master data to manage inbound receipting, storage, picking, and packing operations. Accurate master data is essential for correct inventory management and order fulfillment. 

Master data comprises all product and order information used by MCM’s Warehouse Management System (WMS). This includes product attributes such as weight, dimensions, product code, description, and handling requirements. 

6. Insurance  

The Client must arrange and maintain comprehensive insurance for all Goods while in MCM’s care. Insurance should cover fire, theft, damage, loss, and other risks. MCM does not arrange insurance and is not liable if Goods are damaged, lost, or stolen. When requested, the Client must provide proof that insurance is current. 

7. Storage and Handling of Goods 

MCM stores Goods separately so they remain identifiable as the Client’s property. MCM handles them according to standard warehouse practices and the Client’s instructions. The Client may inspect Goods during business hours with prior appointment and must cover any inspection or re-handling costs. 

MCM may move Goods within the warehouse or use different storage methods if considered appropriate. MCM may deviate from any instructed handling method or storage place at its sole discretion. This is done at MCM’s cost and as part of normal operations. 

8. Delivery 

The Client must submit written orders specifying Goods to pick, pack, and delivery location. MCM will make best efforts to meet delivery dates but is not liable for delays. MCM may use other transport providers. 

MCM is authorised to deliver Goods at the address nominated by the Client. MCM will be conclusively presumed to have delivered Goods if a receipt or signed delivery docket is obtained at that address. 

If the nominated delivery place is unattended, MCM may deposit Goods there (conclusively presumed as due delivery), or store them at the Client’s expense. Delivery is complete when Goods are loaded onto the carrier. The Client pays all delivery and transport costs. 

9. Payment Terms 

Payment terms are as follows: 

• MCM invoices weekly for storage, handling, and all services provided 

• Payment is due within 14 days of the invoice date 

• All amounts are exclusive of GST 

• Charges are fully earned as soon as Goods are loaded and dispatched from the Client’s premises, or accepted for storage 

If payment is late, MCM charges 1.5% interest per month on the outstanding amount. MCM may also hold Goods until payment is received. 

10. Invoice Discrepancies 

If the Client believes an invoice is incorrect, notice must be given within 1 week. This timeframe is necessary because MCM must question third-party transport carriers quickly, and those carriers have strict timelines. After 1 week, MCM cannot pursue the matter with carriers or obtain credits to pass on to the Client. 

When the Client disputes part of an invoice, undisputed amounts remain due on the due date. MCM will work fairly to resolve disputes, but if resolution takes more than 30 days, MCM may hold Goods until settlement. 

11. MCM’s Lien Over Goods 

MCM has a lien over all Goods stored to secure payment of all charges including storage, handling, transport costs, insurance, labour, and any other costs incurred. This applies to all Goods in MCM’s care, not just those causing unpaid charges. 

If the Client is indebted to MCM or Goods are not collected, MCM may, at its option and without notice, after one month (or immediately for perishable Goods): (a) remove and store Goods at the Client’s risk and expense, or (b) open packages and sell Goods on such terms as MCM thinks fit, applying proceeds toward discharge of the lien and costs of sale, without liability for loss or damage. 

12. Security Interest 

MCM has a security interest under the Personal Property Securities Act 2009 (PPSA). The Client agrees to MCM registering this on the Personal Property Securities Register. MCM may enforce this security interest without further notice, to the extent the law permits. 

13. Stock Loss and Damage 

Goods are entirely at the risk of the Client at all times. MCM is not responsible for and disclaims all liability for any loss, damage, deterioration, delay, misdelivery or failure to deliver Goods for any reason whatsoever, whether arising from MCM’s negligence, breach of contract, acts or omissions of MCM or its servants, agents or subcontractors, or any other cause. 

This includes but is not limited to loss or damage caused by theft, weather conditions, fire, water, pests, natural deterioration, perishable goods, chilled or frozen goods, inadequate packing, Dangerous Goods, or any act or omission of the Client. MCM has no liability for any loss, damage, or deterioration of Goods whatsoever. 

14. Liability Limitations 

MCM will only be liable to the Client for physical loss of or damage to Goods if MCM has agreed to insure the Goods, and then only up to the limit of insurance that has been paid by the insurer. 

If legal proceedings commenced, MCM shall be discharged from liability unless proceedings commence within 1 month from the later date of delivery or date delivery was due. 

No claim for loss or damage may be made unless notice is lodged in writing at MCM’s head office within 7 days after delivery was effected or would have been effected. 

All exemptions, limitations, rights and immunities in these Terms and Conditions extend to protect all subcontractors, servants, agents of MCM, and any person for whom MCM is vicariously liable. MCM is deemed trustee on behalf of all such persons. 

15. Subcontracting and Methods 

MCM and any subcontractor may subcontract on any terms the whole or part of the Services. MCM is not a common carrier. 

If the Client instructs MCM to use a particular handling, storage or carriage method, MCM will give priority to that method but remains at sole discretion to adopt any other method. The Client authorises MCM to adopt any method other than the instructed method. 

The Client authorises any deviation from the usual route or place of storage, which may be deemed necessary in MCM’s absolute discretion. 

16. Indemnities and Releases 

The Client indemnifies and holds harmless MCM in respect of any liability for Goods in relation to any claim by any person who claims to have any interest in the Goods. 

To the full extent permitted at law, the Client releases MCM and indemnifies MCM against any claim, damage, loss, expense or costs arising from anything MCM is permitted to do under these Terms and Conditions. 

The Client shall not defer, withhold payment, or deduct any amount from the Charges by reason of any claim alleged against MCM. 

17. Ending the Arrangement 

To terminate services, the Client must provide MCM with 4 weeks’ written notice. If the Client terminates with less than 4 weeks’ notice, the Client must pay a minimum termination charge equal to 60% of the average monthly storage and operations services fees paid in the 3 months immediately prior to the termination notice. 

MCM may cease services immediately if: 

• The Client is more than 30 days late on payment 

• The Client breaches important terms and fails to remedy within 7 days 

• Dangerous Goods are discovered 

All obligations to pay MCM survive termination of these Terms and Conditions. MCM continues to hold a lien over Goods until paid in full, notwithstanding termination of Services. 

To facilitate a smooth exit and maintain the relationship on good terms, all outstanding invoices must be settled in full before the Client collects Goods. This ensures both parties can conclude the arrangement cleanly without outstanding obligations. 

If Goods are not collected within 7 days after termination, MCM will remove and store them at the Client’s cost or exercise its lien to sell them. 

18. Safety and Compliance 

The Client must comply with all work health and safety laws and inform MCM of any special precautions or risks. MCM complies with all applicable safety legislation. 

19. Privacy and Confidentiality 

MCM collects Client information solely to deliver services and invoice. The Client consents to this use. MCM keeps information confidential except where law requires disclosure or other parties are needed to deliver services. 

20. Force Majeure 

MCM is not liable for failure or delay caused by circumstances beyond reasonable control—natural disasters, government actions, pandemics, strikes, wars, or similar events. 

21. Dispute Resolution 

If a dispute arises, both parties will attempt to resolve it in good faith within 14 days. If unresolved, the matter may proceed to mediation with costs shared equally. Either party may commence legal proceedings if the dispute is not resolved within 30 days, provided these steps have been followed. 

22. General Terms 

These Terms and Conditions constitute the entire agreement between the parties regarding warehouse and distribution services and supersede all previous agreements. Changes require written agreement from both parties signed by an officer of MCM. 

If any clause is found illegal, it may be severed and the remainder remains in full effect. Non-enforcement does not constitute waiver. No waiver of any breach will constitute waiver of any further breaches. 

The Client cannot assign this agreement or its rights without MCM’s written consent. MCM may assign to related companies or service providers. 

Notices must be in writing. Email is effective when sent. These terms are governed by Victorian law and Victorian courts have jurisdiction. 

This agreement may be signed in counterparts and electronically. It’s binding even if not all parties have signed. 

Each party will do what’s reasonably needed to make this agreement work.