Terms of Service

MCS Logistics Group Pty Ltd
Effective date: 20th November, 2025

These Terms of Service (Terms) apply to your use of the website located at https://mcs.sydney/ (Website) and to any enquiries or quote requests you submit through the Website.

By accessing or using the Website, or by submitting a quote request or enquiry to MCS Logistics Group Pty Ltd (MCS Logistics Group, MCS, we, us or our), you agree to be bound by these Terms. If you do not agree, you must not use the Website.

If you enter into a separate written service agreement with us for logistics or warehousing services, that agreement will prevail to the extent of any inconsistency with these Terms.

1. Who We Are

MCS Logistics Group Pty Ltd is a third party logistics provider based in New South Wales, Australia. We provide 3PL solutions for businesses, including:

Container unpacking and handling
Palletised storage and warehousing, including HACCP certified food and beverage storage
Storage at an approved Class 2.2 biosecurity premise
Inventory management and pick and pack
Order fulfilment and last mile distribution

Our Website is intended to provide information about our services and to allow prospective and existing business customers to request tailored quotes and contact us.

2. Eligibility and Use of the Website

2.1 Business Use Only

The Website is intended for business and commercial users. By using the Website, you represent that you are:

Using it on behalf of a business or organisation, or
A representative or employee of such a business or organisation with authority to do so.

If you are a consumer using the Website for personal purposes, you do so at your own risk and you should be aware that some of the disclaimers and limitations in these Terms are written for business users.

2.2 Accurate Information

When you submit a quote request or enquiry, you must provide accurate, complete and current information, including (where requested):

Your name and contact details
Your company or business name
Operational information such as number of SKUs, average orders per week, items per order and pallet volumes

You are responsible for promptly updating us if any of this information changes. We are entitled to rely on the information you provide when assessing your requirements and preparing quotes or proposals.

2.3 Prohibited Uses

You must not use the Website:

For any unlawful, fraudulent or malicious purpose
In a way that could damage, disable, overburden or impair the Website or our systems
To attempt to gain unauthorised access to any part of the Website, our servers or networks
To transmit any viruses, malware or other harmful code
To scrape, harvest or collect data from the Website using automated tools without our prior written consent
To send spam or unsolicited communications referencing the Website or our name

We may monitor use of the Website and take action where we reasonably believe these Terms have been breached.

3. Our Services (High Level Description)

The Website includes general descriptions of the services MCS can provide. These descriptions are for information only and do not create a binding obligation for us to provide any specific service until a separate agreement is in place.

Our core services include:

3.1 3PL Warehousing and Distribution

MCS operates a warehousing facility with pallet storage capacity and systems suited to a range of products. This includes:

Ambient pallet storage (with approximately 5,500 pallet slots)
HACCP certified storage for food and beverage products
Storage within an approved Class 2.2 biosecurity premise for eligible goods
Inventory management, stock control and reporting

3.2 Container Unpacking and Handling

We provide container services, including:

Unpacking containers on site at our facility
Arranging onsite or offsite unpacking as agreed
Handling and palletising stock in line with agreed procedures

3.3 Pick and Pack and Order Fulfilment

We provide pick and pack services tailored to customer requirements, which can include:

Order picking by SKU and quantity
Carton and pallet configuration based on customer guidelines
Preparation of orders for carrier collection or distribution

3.4 Transport and Last Mile Delivery

We can arrange or coordinate transport services through our own fleet or trusted partners, including:

Local distribution and last mile delivery
Linehaul or interstate movements, where agreed
Coordination of inbound and outbound movements with warehouse operations

3.5 Service Availability

All services are subject to:

Capacity and space availability at the time of enquiry
Operational constraints, safety requirements and legal restrictions
Agreement of commercial terms in a separate service contract or rate schedule

We reserve the right to refuse or discontinue services where goods are non compliant, unsafe, prohibited, or not suited to our facilities or approvals.

4. Quotes, Proposals and Service Agreements

4.1 Requesting a Quote

The Website includes a “Get a Free Quote” form that allows you to submit your business details and operational requirements. When you submit this form:

We will review the information you provide
We may contact you to clarify or request further details
We may prepare a quote, proposal or rate schedule for your consideration

We are not obligated to provide a quote in every case and may decline an enquiry at our discretion.

4.2 Non Binding Nature of Quotes

Unless explicitly stated otherwise, any quote or proposal issued by MCS:

Is an estimate only, based on the information you provided
Is subject to change if volumes, product mix or requirements differ from those stated
Does not constitute a binding offer to enter a contract

Pricing and terms may be revised following site visits, trials or more detailed operational reviews.

4.3 Formation of Contract

A binding contract for services is only formed when:

You and MCS sign a formal service agreement, rate card or statement of work, or
We otherwise confirm in writing that we agree to provide specific services on agreed terms.

These Terms relate primarily to your use of the Website and preliminary enquiries. They do not replace or override the detailed terms of any service agreement we enter into with you.

5. Customer Obligations

If you become a customer of MCS under a separate service agreement, your obligations will be set out in that agreement. Without limiting those obligations, the following expectations apply in general.

5.1 Information and Instructions

You must:

Provide accurate and complete information about your products, including any hazards, handling requirements, shelf life and temperature or hygiene needs
Provide clear instructions about labelling, picking, packing, carrier requirements and documentation
Notify us promptly of any changes to your product range, volumes or operational forecasts

We may rely on the information and instructions you provide when planning and delivering services.

5.2 Compliance and Packaging

You are responsible for ensuring that:

Your goods comply with all applicable laws, regulations and standards, including those relating to food safety, biosecurity, dangerous goods and product labelling
Goods are packaged in a way that is safe and suitable for handling, storage and transport
Any required permits, clearances or approvals are in place for the import, storage or movement of your goods

We may refuse to handle or store any goods that we reasonably consider unsafe, non compliant or unsuitable.

5.3 Access and Cooperation

You must:

Ensure appropriate access is available at your premises for pickups and deliveries
Cooperate with our staff and drivers, and with any safety procedures in place at our sites
Respond promptly to queries regarding orders, discrepancies, documentation or compliance matters

6. Fees, Charges and Payment

Details of fees and payment terms will be set out in your specific service agreement or rate card. In general:

6.1 Pricing

Pricing may include, as applicable:

Storage fees (for pallet or location based storage)
Handling charges for inbound receipts and outbound despatches
Pick and pack charges per line, unit, carton or pallet
Transportation, delivery and fuel charges
Administrative and system related charges

6.2 Invoicing and Payment Terms

We will invoice you in accordance with the agreed schedule in your service agreement. Payment terms will also be specified there. You must pay all invoices:

In full and without set off or deduction, except to the extent required by law
By the due date shown on the invoice

If payment is not received on time, we may charge interest in accordance with your service agreement and may suspend services until payment is made.

6.3 Additional Charges

Additional charges may apply for matters such as:

Waiting time, missed deliveries or failed collections beyond agreed allowances
Re work, relabelling or repacking due to incorrect or incomplete instructions
After hours work or work performed on weekends or public holidays, where not included in the base rates
Demurrage or storage related to containers where delays are outside our control

6.4 Taxes

Unless stated otherwise, all prices are exclusive of GST and any other applicable taxes or duties. You are responsible for paying any such taxes that apply.

7. Warehousing, Risk and Title

The following general principles apply unless your service agreement states otherwise.

7.1 Receipt of Goods

We will only accept goods into our facility that:

Have been pre advised and scheduled
Are accompanied by appropriate documentation
Are suitable for storage in our facility, given our certifications and approvals

We may inspect or refuse goods that appear damaged, non compliant or unsafe.

7.2 Storage and Handling

We will exercise reasonable care and skill in the storage and handling of goods in line with our systems, certifications (including HACCP) and approvals. However, we are not an insurer of your goods.

7.3 Risk and Title

Unless otherwise agreed in writing:

Title to the goods remains with you at all times
You are responsible for maintaining appropriate insurance for your goods, including while stored or handled by us
Risk of loss or damage to the goods rests with you, except to the extent that such loss or damage is directly caused by our failure to exercise reasonable care and skill

Any limitations or exclusions of liability set out in your service agreement and in clause 10 below will apply.

7.4 Inspection and Stock Counts

We may conduct stock counts and audits as part of our normal operations. You may also request stock counts at your cost.

If discrepancies are identified, we will investigate and provide reasonable information to you. Any adjustments or claims will be dealt with in accordance with your service agreement and these Terms.

8. Transport and Delivery

Where we arrange or provide transport:

8.1 Collection and Delivery Terms

Cut off times, booking processes and standard timeframes will be agreed with you
We may use our own fleet or third party carriers
You must ensure that receiving locations are accessible, safe and ready to accept deliveries

8.2 Delays and Events Beyond Control

Transport and delivery times are estimates only and may be affected by factors outside our reasonable control, including:

Traffic conditions and road closures
Port or terminal congestion
Industrial action
Extreme weather or natural events

We are not liable for delays caused by such events, although we will take reasonable steps to minimise their impact.

8.3 Proof of Delivery and Claims

We may obtain proof of delivery (POD) in written or electronic form. You must notify us of any issues with deliveries or goods within the time frames set out in your service agreement, failing which we may not be able to investigate or accept claims.

9. Service Levels and Disclaimers

9.1 Service Levels

Any service level targets or key performance indicators (KPIs) will be set out in your service agreement. Unless expressly stated to be guarantees, such service levels are targets and not strict warranties.

9.2 Website Availability and Content

The Website and its content are provided on an “as is” and “as available” basis. While we aim to keep the Website available and accurate, we do not represent or warrant that:

The Website will always be available, uninterrupted or error free
Defects will always be corrected promptly
The information on the Website is complete, up to date or suitable for your particular situation

The content on the Website is general information only and does not constitute professional or operational advice. You should obtain appropriate advice before relying on any information.

10. Limitation of Liability

To the maximum extent permitted by law:

We exclude all conditions, warranties and guarantees that are not expressly set out in these Terms or in a binding service agreement
We are not liable for any indirect or consequential loss, or for any loss of profit, revenue, business, contract, opportunity or goodwill arising out of or in connection with the Website or our services

Where liability cannot be excluded under the Australian Consumer Law or other applicable law, our liability is limited, at our option, to:

In the case of services, the resupply of the services or payment of the cost of having the services supplied again
In the case of goods, the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or payment of the cost of such replacement, supply or repair

Any monetary caps, exclusions or special limitations in your service agreement will also apply.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law.

11. Indemnity

You indemnify MCS, its directors, officers, employees and contractors against all loss, liability, damage, cost and expense (including reasonable legal fees) arising from:

Any breach of these Terms by you
Any breach by you of your service agreement with us
Any misrepresentation about your goods, including failure to disclose hazards, special handling requirements or compliance issues
Any claim by a third party relating to goods, instructions or information supplied by you

Your liability under this indemnity is reduced to the extent that the loss or damage is caused by our negligence or breach of these Terms.

12. Intellectual Property

12.1 Ownership

All intellectual property rights in the Website and its content, including text, graphics, logos, photographs, icons and software, are owned by or licensed to MCS.

12.2 Permitted Use

We grant you a limited, non exclusive, non transferable licence to access and use the Website for your own internal business purposes, such as learning about our services and submitting genuine enquiries or quote requests.

12.3 Restrictions

You must not, without our prior written consent:

Copy, reproduce, adapt or modify any content on the Website
Distribute, transmit, display, publish or create derivative works from the Website content
Use any trade mark, logo or branding displayed on the Website for your own purposes

13. Privacy and Data Handling

Our Privacy Policy explains how we collect, use and disclose personal information, including information you provide through the “Get a Free Quote” and “Contact” forms and through cookies and analytics tools.

By using the Website or providing personal information to us, you consent to us handling your personal information in accordance with our Privacy Policy.

The Privacy Policy is available on the Website and forms part of these Terms.

14. Third Party Websites and Tools

The Website may contain links to websites or tools operated by third parties. These links are provided for convenience only.

We do not control and are not responsible for:

The content of any third party websites or tools
Any products, services or information offered on or through them
The privacy practices of those third parties

Your use of third party websites or tools is at your own risk and subject to the terms and policies of those third parties.

15. Suspension and Termination of Website Use

We may, at any time and without notice, suspend or terminate your access to the Website if we reasonably believe that:

You have breached these Terms
Your use poses a security or operational risk to the Website or our systems
Your use is unlawful or may expose us to liability

Termination of your access to the Website does not affect any existing service agreement that you may have with us, which will continue to be governed by its own terms.

Clauses that are intended to survive termination, including those relating to intellectual property, liability, indemnity and governing law, will continue in force.

16. Changes to These Terms

We may update these Terms from time to time to reflect changes in our business, services, Website or applicable law.

When we do so, we will:

Post the updated Terms on the Website, and
Update the “Effective date” at the top of this page.

Your continued use of the Website after changes are posted will constitute your acceptance of the updated Terms. If you do not agree with the changes, you should stop using the Website.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Before commencing court proceedings (other than for urgent injunctive relief), the parties must use reasonable efforts to resolve any dispute in good faith, which may include:

Direct discussions between representatives
Escalation to senior management
Considering mediation or another agreed form of alternative dispute resolution

18. Contact Details

If you have any questions about these Terms or the Website, please contact us:

MCS Logistics Group Pty Ltd
Website: https://mcs.sydney/
Phone: 0450 516 525
Email: info@mcs.auz.biz
Office address: Warehouse A, 8 Hepher Road, Campbelltown, NSW 2560, Australia

All Services

Find the Right Solution for You