RMC DELIVERY POLICY

1. GENERAL

1.1 Any such capitalized words used in this Delivery Policy (“Delivery Policy”), unless otherwise defined, shall have the same meaning as found in the Terms. This Delivery Policy shall form an integral part of the Terms and this Delivery Policy shall apply to all delivery of Deliverables by the Company to the Client, which the Client agrees to be bound by the same as well as all other terms and conditions specified in the Company’s documents including the Quotation and Invoice.

1.2 The terms and conditions set forth herein shall prevail over any conflicting or inconsistent provisions contained in any other documents, including, without limitation, the terms and conditions of the Client’s purchase order, unless otherwise agreed by the Company in writing.

2. DELIVERY

2.1 All Deliverables ordered by the Client pursuant to the Quotation and/or Invoice will be delivered at such time on the delivery date or the date of Event as set out therein subject always to RMC receiving the payment of the Invoice in accordance with the agreed payment term.

2.2 The Deliverables will be delivered, at RMC’s sole discretion, to the Venue on the date of Event (“Event Date”) as stated in the Quotation and/or Invoice through the following method:

1. Third party logistic service provider (“Logistics Provider”);
2. RMC’s in house delivery service (“In-House Delivery”); or
3. Any other method which RMC deems appropriate.
   
   

2.3 If the delivery of the Deliverables is made through the Logistics Provider, the Client acknowledges that the provision of services by the Logistics Provider is not within the full control of RMC and will be subject to the terms of service and such other instructions and directions as prescribed by the Logistics Provider (“Logistics’ Terms”). The Client agrees to be bound by the terms of the Logistics’ Terms.

2.4 RMC shall assign a driver or a Logistics Provider responsible for the delivery of the Deliverables not later than three (3) days prior to the Event Date.

2.5 No later than one (1) day prior to the Event Date, RMC shall update the Client via WhatsApp messaging services:

1. the contact information of the designated driver (for RMC’s In-House Delivery) or Logistics Provider;
2. the estimated delivery timeline, including the expected arrival and setup time at the Venue which will be no later than the scheduled starting time of the Event as designated by the Client and stated in the Quotation or Invoice;
3. any other special instructions or requirements for receiving and handling the Deliverables at the Venue.
   
   

2.6 The Client acknowledges that any delivery timeline quoted for delivery of the Deliverables are approximate only and delays may occur without prior notice due to any technical problem or circumstances beyond the control of RMC.

2.7 RMC reserves its right to use any method or route to perform the delivery of the Deliverables to the Client, including to sub-contract all or part of the delivery of the Deliverables to the Client to any sub-contractor which RMC deems appropriate.

2.8 All fees associated with the delivery of the Deliverables (“Delivery Fee”) shall in accordance with the delivery fee quoted by RMC in the Quotation and/or Invoice and such Delivery Fee shall be borne solely by the Client.

 

3. LATE DELIVERY

Delay By RMC

3.1 The Client agrees and acknowledges that the delivery of all or any part of the Deliverables may not be able to be delivered on or prior to the scheduled food serving time of the Event as designated by the Client and stated in the Quotation or Invoice (“Food Serving Time”) on the Event Date due to unforeseen circumstances beyond RMC’s reasonable control, Force Majeure event, delay caused by the Logistics Provider, adverse weather conditions and/or traffic congestion, (“Delay Events”).

3.2 Upon the occurrence of the Delay Events, RMC’s coordinator of the Event (“Event Coordinator”) and/or other representatives shall inform the Client of such delay as soon as practicable. The parties will collaborate to propose alternative solutions to mitigate the impact of the Delay Events, which may include, but not limited to,

1. allocate additional resources on a commercially reasonably basis to minimise the disruption caused by Force Majeure Events;
2. offer substitute items of equal or comparable value to the affected Deliverables (“Delayed Deliverables”);
3. offer partial refunds for the Delayed Deliverables; or
4. any other mutually agreed resolution to minimise disruption to the Event.
   
   

3.3 If both parties agreed to a resolution stated in Clause 3.2(c), and subject always to the Refund Policy, RMC shall issue a proportional refund for the Delayed Deliverables only and the remaining portion of the unaffected Deliverables that are delivered on or before the Food Serving Time of the Event shall not be subject to any refund or compensation. Subject always to the Refund Policy, the Client shall submit a formal request to refund for the Delayed Deliverables in accordance with the manner specified in the Refund Policy.

3.4 For the avoidance of doubt, so long as RMC delivers the Deliverables and complete set up of the catering services prior to the Food Serving Time of the Event, it shall not constitute as late delivery. Late delivery shall only apply to the Deliverables which are delivered after the Food Serving Time of the Event and may be subject to refund by RMC as per the Refund Policy.

Delay By The Client

3.5 In the event that the delivery of all or any part of the Deliverables is delayed due to the actions or omissions by the Client, the Client shall not be entitled to claim for refund of the Deliverables and in addition, RMC shall not be held liable for any claims, losses or damages arising out or in connection with the delay of the delivery of the Deliverables caused by the Client.

3.6 The delays caused by the Client (“Client’s Delay”) shall include, but are not limited to:

1. providing incorrect or incomplete address, date and time and other details of the Venue;
2. failing to respond to RMC on the Deliverables and/or delivery related matters in a timely manner;
3. failing to obtain necessary permits, licenses or approvals required from the relevant authority and/or management office for RMC to deliver the Deliverables;
4. unavailability or failure to provide access to the Venue for the delivery of the Deliverables;
5. change on the details of the Event without prior notice to RMC;
6. failing to ensure adequate facilities for the delivery of Deliverables, such as power sources, parking or access point; and
7. any other actions or omissions caused by the Client that obstructs the timely delivery or setup.
   
   

3.7 In the event of any of the Client’s Delay set out in Clause 3.5, the Client shall remain responsible for the full payment of the Deliverables as set out in the Invoice and RMC reserves its right to charge additional fees for rescheduling, re-routing, or re-attempting delivery as a result of the Client’s Delay.

 

4. PROOF OF DELIVERY

4.1 At the time of delivery, the Client will be required to do the following:

1. inspect the Deliverables to ensure that the Deliverables are delivered in the agreed-upon condition, including but not limited to verifying the quantity and quality of the Deliverables, and the presentation of the food and catering setup;
2. allow RMC’s In-House Delivery personnel or the Logistics Provider to document the condition, quantity and quality of the Deliverables at the time of delivery, which includes taking photo(s) of the Deliverables as proof of delivery (“Proof of Delivery”); and
3. validate the receipt of the Deliverables by providing signature to the delivery note.
   
   

4.2 The Logistics Provider, RMC’s In-House Delivery or the Event Coordinator shall at the time of delivery, ensure that the Client or its representative inspects the Deliverables and validates the receipt of the Deliverables by providing signature to the delivery note. By signing the delivery note, the Client agrees and acknowledges receipt of the Deliverables in full whereas in the circumstances where the attendance of the events in Clause 4.1 (a) and (b) is required, by signing the delivery note, the Client agrees and acknowledges that the Client or its representative has inspected the Deliverables and ensured that the Deliverables is of satisfactory condition. In the event after delivery of the Deliverables, the Client fails, neglects and/or refuses to sign the delivery note for whatsoever reason, the Deliverables shall be construed as accepted and successfully delivered based on the Proof of Delivery provided by RMC’s In House Delivery personnel or the Logistics Provider. In connection thereto, the Client shall not later claim for any refund of the same Deliverables by the reason of the Deliverables being unsatisfactory condition.

4.3 For the avoidance of doubt, the circumstances in which any Deliverables shall be deemed to be of unsatisfactory condition shall be limited to where the Deliverables is (i) spoiled, contaminated, or otherwise unsafe for consumption, excluding any natural occurrences such as mild discolouration, oxidation or changes in texture that do not affect the safety or quality of the food (ii) physically damaged and that the Deliverables cannot be consumed subject always that any determination of the condition of Deliverables received by Client shall be determined by RMC solely based on the evidence of the Proof of Delivery provided by RMC’s In-House Delivery personnel, the Logistics Provider or the Event Coordinator.

4.4 Subject to Clause 4.2 and Clause 4.3 of this Delivery Policy, in the event RMC determines that the unsatisfactory condition of the Deliverables delivered to the Client is not attributable to the Client’s omission, negligence or unreasonableness, RMC shall, at its own cost, undertake the necessary rectification as follows:

1. Replace the spoiled, contaminated, or unsafe Deliverables with a fresh and suitable alternatives; or
2. Offer the Client to refund for the Deliverables which are of unsatisfactory conditions, subject always to the Refund Policy.
   
   

4.5 Notwithstanding the foregoing, if the Client fails to sign the delivery note upon the acceptance of the Deliverables and does not report such failure or complaint to RMC immediately at the Venue, the Deliverables shall be deemed to have fully accepted by the Client as being satisfactory condition and in accordance with the agreed specification stated in the Quotation and/or Invoice. The Client shall not be entitled to request a refund or make any claims in respect of the Deliverables thereafter.

 

5. POST EVENT

5.1 Upon the completion of the Event, RMC shall clear and clean the catering area of the Venue. These procedures include, but not limited to:

1. RMC shall dismantle and remove all the setup installed by RMC, including the tables, chairs, serving stations and decorations provided by RMC;
2. All leftover foods and disposable items shall be collected and disposed of; and
3. Any reusable items, including chafing dishes, utensils, drinks, glasses, wine glasses, trays, beverage dispensers, serving carts, bread plates, warmers, coolers, food decorations and tablecloths will be collected.
   
   

5.2 The Client acknowledges that all reusable items or items belonging to RMC shall be returned to RMC after completion of the Event. If any such items shall be damaged, broken, missing or lost after the Event, RMC reserves the right to charge the Client for such items wherein such charges shall constitute as debt due and owing to RMC.

 

6. LIABILITY

6.1 RMC shall use reasonable endeavors to facilitate the delivery of Deliverables of satisfactory and acceptable quality to the Venue but RMC cannot guarantee any firm and/or exact delivery time and RMC shall not be liable for any delay in its delivery services, if the delay was due to causes beyond the control of RMC’s In-House Delivery and/or Logistics Provider.

6.2 In no event shall RMC be responsible for any risk or be liable for any claim, liability, demand, expenses, loss, costs or damage incurred by the Client as a result of, or in connection with the quality and delivery of the Deliverables unless otherwise stated above. Notwithstanding any other provision of this Delivery Policy and the Terms, in the event where RMC is responsible for the loss or damage, the total liability of RMC to the Client or to any other third party shall be only limited to the Price of the Invoice.

 

7. VARIATION

7.1 RMC reserves the rights at any time, at its sole discretion, to change, modify, amend or otherwise any part of this Delivery Policy by posting the revised Delivery Policy on the Site, and such amendments are effective as of the date of posting. The continued usage of the Site after the revised Delivery Policy is posted constitutes the agreement to, and acceptance of, the revised Delivery Policy.