General Terms & Conditions

General Terms and Conditions of Sale (“GTCS”)

1. Introduction

1.1 Any such capitalized words used in this GTCS, unless otherwise defined, shall have the same meaning as found in the Terms. This GTCS shall form an integral part of the Terms. This GTCS shall be subject to Delivery Policy, found here (“Delivery Policy”), Refund Policy, found here (“Refund Policy”) .

1.2 Unless a separate agreement is entered between RMC and the Client, this GTCS shall apply to all provision of sales and Deliverables by RMC to the Client, which the Client agrees to be bound by the same as well as all other terms and conditions specified in RMC’s documents including the Quotation and Sales Order. Except to the extent that this GTCS is varied by mutual agreement in writing, this GTCS together with the Quotation and Invoice shall constitute the entire agreement between both parties.

1.3 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 RMC in writing.

2. Definitions

“Client” means the person, firm or company that engages RMC to provide Deliverables in connection to this GTCS.

“Company” or “RMC” means RUNNINGMEN CELEBRATIONS SDN. BHD. (formerly known as RUNNINGMAN INSTANT DELIVERY SDN. BHD.) (Registration No. 201501031376 (1156700-H)).

“Confidential Information” means all financial, business and technical or other data and all other confidential information (whether written, oral or in electronic form or on magnetic or other media) concerning the business of a disclosing party that a receiving party receives or accesses as a result of any discussions or dealings under this GTCS.

“Cut-Off Time” means two (2) days prior to the delivery date of the Deliverables or the Event.

“Deliverables” means any product(s) or service(s) to be provided by RMC pursuant to the Quotation and/or Invoice issued by RMC to the Client.

“Event” means the scheduled occasion or function for which RMC has been engaged to provide the Deliverables.

“Force Majeure” means an event arising out of or caused by, directly or indirectly, beyond a party’s reasonable control, including, without limitation, strikes, lock-outs, work stoppages, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster or the acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents and/or any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication services.

“Invoice” means the cost and expenses incurred relating to the delivery of the Deliverables such as menu, delivery charges, set up and manpower.

“Price” means the total amount as stated in the Invoice in connection with the delivery of the Deliverables to the Client.

“New Date” shall have the meaning ascribed to it in Clause 10.1.

“Platform” means the website wholly owns and operates by RMC.

“Personal Data” has the meaning ascribed to it in the Malaysian Personal Data Protection Act 2010.

“Social Media Pages” means official profiles, accounts, or pages owned, operated, and managed by RMC on third-party social media platforms (e.g., Facebook, Instagram, Twitter/X, LinkedIn, TikTok, YouTube, etc.).

“Venue” refers to the designated location where the Deliverables are to be delivered.

“Quotation” means the quotation issued by RMC to the Client, incorporating all agreed upon pricing, Deliverables and such other terms and conditions.

3. Proposal

3.1 The Client who wishes to engage RMC for its services may submit its inquiry by providing the relevant information and details of the Event including but not limited to the type and nature, proposed date and time, venue, number of attendees and dietary requirements such as allergies or intolerance, vegan, gluten-free or halal to RMC through:

(a) WhatsApp Messaging Service at 018-966 4913;

(b) Phone call at 018-966 4913;

(d) RMC’s Social Media Pages.

3.2 Upon the receipt of the Client’s inquiry in Clause 3.1, RMC shall prepare a detailed proposal tailored to the Client’s Event requirements (“Proposal”) which shall include, but not limited to, the following:

(a) a selection of menu(s) and services suitable for the Event and its price;

(b) a comprehensive breakdown of the costs incurred in the Event, including the cost and expenses incurred relating to the delivery of the Deliverables such as menu, delivery charges, set up and manpower;

(d) the number of pax recommended for the catering services required for the Event; and

(e) the details of the Venue, including the full address of the Venue and the designated person-in-charge of the Venue.

4. Quotation

4.1 A Quotation will be issued to the Client after the Client’s acceptance on the Proposal. The Quotation may be subject to further negotiation and discussion between RMC and the Client.

4.2 All prices quoted in the Quotation are valid for six (6) months from the date of issuance of the Quotation.

5. Pricing and Payment

5.1 Price mentioned in the Quotation shall be Ringgit Malaysia (“RM”) (unless otherwise mentioned in the Quotation) and all payment shall be in RM. RMC will issue Invoice to the Client after acceptance of the Quotation and the booking will only be confirmed after payment of a deposit by the Client as required in Clause 5.1 and 5.3.

5.2 All of RMC’s Invoices shall be paid in the following manner unless otherwise agreed by RMC:-

(i) upon acceptance of the Proposal and after issuance of an Invoice, a deposit equivalent to 50% of the Invoice amount; and

(ii) two (2) days before the delivery date of the Deliverables, 50% of the balance Invoice amount.

5.3 After completion of the Event, RMC shall further charge the Client for all additional services, costs and expenses incurred during and/or at the Event, including but not limited to overtime charges, last minute changes to the Deliverables, and damaged/ broken/ missing/ lost items belonging to RMC.

5.4 The Client may request for credit term from RMC wherein RMC reserves the right to conduct a credit assessment on the Client. The Client agrees to provide all necessary information and documentation required for the credit assessment. The payment term for such credit term Clients shall be as follows, unless otherwise mutually agreed upon between RMC and the Client:-

(i) two (2) days before the delivery date of the Deliverables, 50% of the Invoice amount; and

(ii) either fifteen (15) or thirty (30) days after the delivery date of the Deliverables, 50% of the balance Invoice amount.

5.5 In the event the Client failed to make the payment to the Invoice in accordance with the payment term stipulated in the Invoice, the Client is liable to pay interest at a rate of 8% per annum calculated on a daily basis from the date the outstanding amount is due until full settlement thereof, and additionally, RMC reserves the right to withhold and/or suspend the delivery of the Deliverables until receipt of the full settlement of such required amount by RMC.

5.6 The Client shall not be entitled to deduct, set-off or to withhold payment of any part or all of the amounts due and payable to RMC pursuant to the Invoice.

5.7 The Client acknowledges and agrees that any delays in the performance of RMC’s obligations caused by the Client's non-payment of the Invoice, shall not constitute a breach of RMC’s obligations.

6. Food Tasting

6.1 If requested by the Client and offered by RMC, a food tasting session may be arranged prior to the Event at a mutually agreed time and location to ensure that the proposed menu aligns with the Client’s requirements.

7. Halal Compliance

7.1 RMC warrants all food and beverages provided by RMC shall be prepared, handled and served in strict accordance with the Halal standards as defined by applicable Islamic dietary guidelines.

7.2 RMC maintains a valid Halal certification from a recognised certification body licensed by the Department of Islamic Development Malaysia (JAKIM) and such certificate may be provided to the Client upon request.

8. Food Services and Event Setup

8.1 The following are additional services to be provided by RMC at additional charges, which shall be agreed by the Client in the Quotation and/or Invoice:-

(i) Catering Area Setup: To set up the catering area at the designated place in accordance with the agreed-upon specification in the Invoice, including tables, chairs, tableware and any other decorations.

(ii) Food Station Setup: For buffet-style events, to arrange food stations, serving utensils, warmer and cooling equipment; for plated service events, to arrange table settings including cutlery, glassware and plates.

(iii) Event Coordinator: To station an Event Coordinator at the Venue to facilitate on the planning, execution and post-event follow up for the Event. The Event Coordinator will oversee the delivery of the Deliverables and act as the primary point of contact for any inquiries from the Client at the Venue.

(iv) On-Site Personnel: To provide such number of waiter and waitress (as designated and agreed by the Client) for the provision of the Deliverables.

8.2 The services set out in Clause 8.1 to be provided by RMC shall be strictly limited to only the services/ package subscribed by the Client as stated in the Quotation and/or Invoice, therefore the Client acknowledges and agrees that not all services set out in Clause 8.1 will be applicable and provided to all Clients. Any additional services required from RMC which are not stated in the Invoice shall be subject to additional charges payable by the Client and will not form part of the services to be provided by RMC unless expressly stated in the Invoice.

8.3 In addition, if the Client has appointed or engaged a third party to provide decoration services, set up/ coordination/ planning of the Event, rental of table, chairs, sound system, LED screens, utensils, canopy, equipment whatsoever, the Client shall not hold RMC liable for any late delivery, quality issue, defects liability and/or performance of such third party(ies). RMC shall not be held responsible for third party(ies)’s conduct or any dissatisfaction with their service, as they operate independently and are not part of RMC’s team.

9. Cancellation or Termination

9.1 No cancellation of Services or any part thereto by the Client is allowed unless with prior written consent by RMC and/or otherwise stated herein.

9.2 RMC reserves all rights to terminate this GTCS, the Quotation and/or the Invoice, in whole or in part, upon occurrence of any of the following events:-

(a) all or part of the Deliverables is no longer or not available;

(b) if any payment or any part thereof or any sums due and payable by the Client to RMC under the terms hereof shall remain unpaid after the stipulated timeline;

(d) in the event the delivery of Deliverables cannot be performed due to incorrect or incomplete information provided by the Client or where it is acknowledged that performance of the contract is impossible as a result of the Client’s conduct and/or Venue condition.

9.3 All refund of monies upon termination of this GTCS, the Quotation and/or the Invoice shall be subject to the terms and conditions of the Refund Policy.

10. Event Rescheduling

10.1 In the event the Client wishes to reschedule delivery of the Deliverables to a later day, the Client shall inform RMC in writing no later than thirty (30) days prior to the delivery date of the Deliverables, specifying the new delivery date of the Deliverables (“New Date”).

10.2 Subject to the availability of the services, RMC will procure reasonable efforts, but not obligated, to arrange the Deliverables to be delivered on the New Date.

10.3 If RMC is unable to accommodate the New Date requested by the Client, the rescheduling of the delivery shall be treated as a cancellation and the Client is liable to pay any cancellation fees as set out in the Refund Policy.

10.4 If RMC agrees to accommodate to the New Date, the Client shall be liable for any additional costs incurred in relation to the rescheduling of the delivery, including but not limited to cost related to the ingredients, staffing and logistic arrangement. A separate invoice will be issued to the Client to reflect the additional costs incurred in relation to the rescheduling of the delivery.

11. The Parties’ Obligations

11.1 RMC shall be responsible for the following:

(a) prepare and provide food and beverages in accordance with the Proposal and reasonable industry standards;

(b) foods and beverages are prepared, handled, and transported in compliance with applicable food safety and hygiene regulations and the Client’s dietary restrictions and allergies, if applicable;

(d) subject to the Delivery Policy, deliver and, where applicable, set up the catering service at the Venue at the agreed date and time.

11.2 The following shall be the Client’s obligations:

(a) provide RMC with all required information relating to the Event to facilitate RMC’s provision of the Deliverables at the Venue;

(b) ensure that all payments payable by the Client are remitted in accordance with the agreed payment terms as specified in Clause 5;

(c) ensure that the Venue is accessible and appropriate for the delivery of the Deliverables including applying for the necessary permit from the building management office, if necessary;

(d) ensure the serving equipment provided by RMC (e.g. chafing dishes, utensils and serving trays) are returned to RMC in good condition after the Event; and

(e) to do such acts and provide such information and documents as may be requested by RMC from time to time.

12. Change Request

12.1 In the event the Client intends to vary the agreed-upon Deliverables as specified in the Quotation and/or Invoice, the Client shall submit a written change request (“Change Request”) to the Deliverables in writing to RMC not later than the Cut-Off Time. Once the Change Request has been accepted by RMC, RMC shall issue a revised Invoice reflect the same.

12.2 After the Cut-Off Time, no Change Request shall be permitted by RMC in any manner whatsoever, save and except if the Client desires to add menu, increase quantity and/or the number of pax to its order, RMC will review the feasibility of the requests made and may allow such Change Request, subject to availability of such menu, inventory, kitchen capacity and manpower.

13. Feedback and Complaint

13.1 RMC will send a formal request the Client to provide its feedback on the Deliverables and overall Event experience after the Event. This aims to enhance the quality of the Deliverables delivered and address any unresolved concerns of the Client.

13.2 The Client may be invited to share its feedback on platforms, including Google, social media or industry specific directories.

13.3 All complaints by the Client shall be firstly communicated to the Event Coordinator during the Event. In the event the Client is dissatisfied with the Deliverables and/or the resolution provided by the Event Coordinator for complaints raised by the Client during the Event and/or the overall Event experience after the Event, the Client may lodge a complaint in writing, setting out full particulars of the dissatisfaction. Upon the receipt of such complaint, RMC shall promptly conduct investigation on such complaint and take all reasonable steps to address the complaint lodged by the Client on a case by case basis and in its sole discretion.

13.4 The Client agrees not to use social media or public forums to pressure, coerce, or defame RMC in connection with any complaint or Request submitted. If the Client makes public posts, comments, or statements intended to defame or coerce RMC into providing a refund or resolving a dispute, RMC reserves the right to terminate any ongoing or future agreements with the Client and/or initiate legal action against the Client.

14. Limitation of Liability

14.1 RMC shall not accept any claims for food spoilage, contamination or deterioration occurring after the food has been delivered to the Venue if such default arises from (i) improper storage of the Deliverables; (ii) improper handlings of the Deliverables; (iii) extended exposure beyond the recommended serving period or (iv) issues arising out of the Client’s failure to provide a suitable venue or environment for the delivery of the Deliverables or (v) any other circumstances attributable to the Client or any third party(ies).

15. Indemnity

15.1 The Client shall indemnify RMC for any and all costs (including legal costs on a full indemnity basis) incurred or suffered as a result of RMC enforcing its rights against the Client including but not limited to recovering of any overdue amount.

15.2 RMC shall not be liable for any loss of profits, loss of goodwill, loss of revenue, loss of contracts, procurement of substitute goods or any special, indirect or consequential losses, damages, costs and expenses suffered by the Client or any third party, whether anticipated or actual, arising under or in connection with the Quotation and/or the Invoice.

15.3 Subject to the existing laws of Malaysia, the total aggregate liability of RMC arising under or in connection with the Quotation and/or the Invoice, whether arising under contract, tort or other legal theory, shall be limited to the amounts paid by the Client to RMC under the Quotation and/or the Invoice.

16. Force Majeure

16.1 In the event there is a non-delivery of the Deliverables resulting from events beyond the reasonable control of RMC which shall include, but are not limited to, acts of God, any strike, lock-out, other industrial action, governmental or regulatory action such as the Movement Control Order (MCO) or any other forms of control or restrictions, epidemics, pandemic of virus, or disease and natural disasters, fire, flood, earthquake, war, civil unrest, explosion, terrorist attacks, major destruction, imminent threat to life or any other event such as import or export restrictions, labour disputes, labour disputes, or if the aforementioned affects RMC’s vendor, the agreed date and time of the Event shall be automatically rescheduled to a later date upon mutual agreement of the parties and shall not constitute as a breach by RMC.

17. Data Protection

17.1 Once the Client confirms a booking with RMC, RMC will collect and use Personal Data in accordance with its Privacy Policy which contains information about how RMC handles and safeguards Personal Data, the data subject’s rights to request access to and correction of Personal Data and to withdraw the consent given to RMC.

18. Photography and Media Rights

18.1 The Client hereby grants RMC an irrevocable, royalty-free, and worldwide right to reproduce, publish, distribute, and use any photographs, images, and/or videos taken during the Event (including but not limited to images of the Client, attendees, and the Venue) for the purposes of publication, promotion, illustration, advertising, or any other lawful use in connection with RMC’s services.

18.2 The Client further grants RMC the right to use any statements, testimonials, or interviews provided by the Client (whether written, recorded, or verbal) for the purpose of advertising, publicity, or promotion of RMC’s services, without restriction or compensation.

19. Notices

19.1 All notices to be given hereunder shall be transmitted in writing either by WhatsApp, registered mail and/or email and shall be sent to the correspondence addresses and/or email addresses as identified in the Quotation and/or Invoice, unless notification of change of the details is given in writing.

20. Others

20.1 The Client shall not acquire any right or title to the trademarks, design, copyright, patents or other intellectual property rights in the Deliverables. The aforementioned rights shall remain with RMC or RMC’s vendor, as the case may be.

20.2 The Client shall ensure that all information supplied to RMC in the preparation of legal documents, including but not limited to the Quotation and Invoice, shall be true and accurate. RMC shall bear no responsibility to any liability caused due to incorrect or inadequate information supplied by the Client.

20.3 The Client shall not assign any or all of its rights or obligations under this GTCS without the written consent of RMC. RMC is entitled at any time to assign to any other party all or any part of a debt and/or RMC’s rights and/or obligations pursuant to this GTCS.

20.4 All disclaimers, indemnities and exclusions in this GTCS shall survive the termination of this GTCS.

20.5 If a provision in this GTCS is wholly or partly invalid or unenforceable, the provision or the part of it that is invalid or unenforceable must, to that extent, be treated as deleted from this GTCS. This does not affect the validity or enforceability of the remaining provisions.

20.6 This GTCS is entered into between RMC and the Client. No other third party has any rights to enforce any of the terms under this GTCS.

20.7 This GTCS herein shall be governed by the law of Malaysia and subject to the exclusive jurisdiction of the court of Malaysia.

21. Integral Part of this GTCS

21.1 The Parties hereby acknowledge that the Delivery Policy and the Refund Policy and all other policies that may be prescribed by RMC from time to time shall constitute an integral part of this GTCS.

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:

(a) Third party logistic service provider (“Logistics Provider”);
(b) RMC’s in house delivery service (“In-House Delivery”); or
(c) 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:

(a) the contact information of the designated driver (for RMC’s In-House Delivery) or Logistics Provider;
(b) 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;
(c) 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,

(a) allocate additional resources on a commercially reasonably basis to minimise the disruption caused by Force Majeure Events;
(b) offer substitute items of equal or comparable value to the affected Deliverables (“Delayed Deliverables”);
(c) offer partial refunds for the Delayed Deliverables; or
(d) 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:

(a) providing incorrect or incomplete address, date and time and other details of the Venue;
(b) failing to respond to RMC on the Deliverables and/or delivery related matters in a timely manner;
(c) failing to obtain necessary permits, licenses or approvals required from the relevant authority and/or management office for RMC to deliver the Deliverables;
(d) unavailability or failure to provide access to the Venue for the delivery of the Deliverables;
(e) change on the details of the Event without prior notice to RMC;
(f) failing to ensure adequate facilities for the delivery of Deliverables, such as power sources, parking or access point; and
(g) 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:

(a) 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;
(b) 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
(c) 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:

(a) Replace the spoiled, contaminated, or unsafe Deliverables with a fresh and suitable alternatives; or
(b) 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:

(a) RMC shall dismantle and remove all the setup installed by RMC, including the tables, chairs, serving stations and decorations provided by RMC;
(b) All leftover foods and disposable items shall be collected and disposed of; and
(c) 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.

RMC REFUND POLICY

1. GENERAL

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

2. CANCELLATION

2.1 Once the delivery of the Deliverables is confirmed pursuant to a Quotation and/or Invoice, no cancellation of the Deliverables or any part thereto by the Client will be allowed subject to RMC’s General Terms and Conditions of Sale. Should the Client require any assistance regarding its order including any variation to the Deliverables, the Client may reach out to our customer service in the manner specified in Clause 7.

2.2 RMC reserves all rights to cancel the delivery of the Deliverables, in whole or in part, upon occurrence of any of the following events:-

(a) all or part of the Deliverables is no longer available;

(b) if any payment or any part thereof or any sums due and payable by the Client to RMC under the Terms hereof shall remain unpaid after the stipulated timeline;

2.3 Upon occurrence of the cancellation of the delivery of Deliverables under and Clause 2.2(a) of this Refund Policy, RMC shall refund the deposit and payment made by the Client to the Client subject to the Refund Policy and thereafter the Parties shall have no further claims of whatsoever nature against the other in respect of anything arising from or in connection with this Sales T&C.

2.4 Upon occurrence of the cancellation of the delivery of Deliverables under Clause 2.2(b)-(d) of this Refund Policy, the Client agrees that:-

(a) if the RMC has attempted delivery of the Deliverables in accordance with the Quotation and/or Invoice, all payments made by the Client shall be strictly non-refundable and all food and services so delivered shall be deemed accepted by the Client;

(b) RMC shall be at liberty to use and take any other action RMC deems fit to recover all monies due and owing to RMC and the cost and of all such actions taken shall be borne by the Client; and

(c) the Client shall be liable for all costs incurred by RMC up to the date of termination and/or cancellation, including but not limited to the costs related to the procurement of ingredients, event preparation and workforce;

(d) a cancellation fee shall be imposed by RMC and all monies paid by the Client shall be refunded in accordance with the table below:-

Cancellation Date	Cancellation Fee	Refund Sum
7 days or more prior to the Event	5% administrative charges on the deposit paid	Deposit paid, less the cancellation fee, will be converted into non-refundable store credits
2 to 6 days prior to the Event	—	50% of the deposit paid, less the cancellation fee, will be converted into non-refundable store credits

All non-refundable store credits shall have a validity period of twelve (12) months from the date such store credits are granted by the Client, which shall be utilised by the Client in its future purchases with RMC.

2.5 if the cancellation of the delivery of the Deliverables occurs within two (2) days prior to the Event, all payments made by the Client shall be strictly non-refundable and RMC shall be entitled to recover all costs, expenses, losses and damages incurred and any additional remedies that may be available to the RMC, at law or in equity.

3. REFUND REQUEST

3.1 Refund Request

(a) After the Deliverables have been delivered to the Client, subject always to the Terms, the Client may submit a refund request (“Refund Request”) to RMC within seven (7) working days after the Event Date by contacting RMC’s customer service and support in the manner specified in Clause 6, in the following circumstances:

(i) the Deliverables delivered to the Client are of unsatisfactory condition at the time of delivery, including but not limited to being spoiled, undercooked, burnt, contaminated, 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, and provided that the Client has immediately notified the Event Coordinator at the Venue and that such issues were not caused by the Client’s omission, negligence, unreasonableness or improper use (collectively referred as “Complaint”);

(ii) the Deliverables delivered by RMC does not conform with the agreed specifications stated in Quotation and/or Invoice, including any missing item/ food menu from the Invoice (“Non-Conformity”);

(iii) any Delayed Deliverables as permitted in the Delivery Policy; and

(iv) the Deliverables delivered by RMC have caused, or purport to have caused, the Client and/or its attendees of the Event to experience health issues, such as diarrhoea or food poisoning or other related illness (“Health Issue”).

(b) In furtherance to Clause 3.1(a), the Client agrees and acknowledges that the quantum of any refund granted pursuant to the Refund Request submitted by the Client shall be determined by RMC in its absolute discretion, by taking into account various factors, including but not limited to the degree of causation of such defaults attributable to RMC and the severity and consequences of such defaults.

3.2 Refund Restrictions and Limitations

Notwithstanding the generality of the provisions stipulated herein, no Refund Request will be permitted in any of the following circumstances:-

(a) cancellations made within two (2) days prior to the Event as preparations, purchases, and staffing arrangements will have already been made;

(b) variation to final guest (pax) numbers two (2) days before the Event, no refunds will be issued for any reduction in guests, as orders and preparations will have been finalised;

(c) no refund will be provided for any delays or service issues, including slow service, arising from the Client’s decision to engage fewer waiter/waitress than the number of waiter/waitress recommended by RMC for the selected catering services;

(d) for outdoor Venues, no refund will be provided if RMC delayed or is unable to set up the catering services and/or deliver the Deliverables due to site and/or weather conditions, including but not limited to insufficient space, bad weather, rain, storms, strong winds and the absence of canopy(ies)/ shelter;

(e) no refund will be provided for uneaten or leftover food;

(f) no refund will be provided based on personal dissatisfaction with the catering services that do not compromise the overall performance, quality or standards of the services rendered, including matters related to individual taste preferences and minor variations that do not affect the overall quality of the dish ordered and/or the agreed service delivery;

(g) no refund will be provided if the Client provided wrong or inaccurate information for delivery of the Deliverables, including the date and time of the Event, and RMC has duly fulfilled its obligations under the engagement; and

(h) no refund will be provided if RMC has promptly rectified any Complaint and/or Non-Conformity prior to the Food Serving Time of the Event and/or during the Event.

4. REFUND PROCESS

4.1 Refund Request (Complaint and Non-Conformity)

(a) The Client shall notify the Event Coordinator immediately upon discovering the Complain and/or Non-Conformity. A clear description of such issue, identifying the affected Deliverables and nature of the Complaint shall be provided by the Client in writing.

(b) The Event Coordinator will physically inspect the affected Deliverables at the Venue comparing it against the Proof of Delivery and the Invoice provided by the Logistics Provider or RMC’s House Delivery. The Client shall also demonstrate that it has made reasonable efforts to prevent the Deliverables from becoming unsatisfactory as follows:

(i) proper storage, such as refrigeration receipts, temperature logs, or photos of the storage setup;

(ii) adherence to handling instructions of the Deliverables provided by RMC;

(iii) timely consumption of the Deliverables within the recommended period proposed by RMC; and

(iv) any other relevant documentation that demonstrates the Client’s efforts to maintain the condition of Deliverables.

(c) The Event Coordinator will document the affected Deliverables and submit the relevant supporting documents, including but not limited to, photographic evidence, detailed notes providing the cause and nature of the Complaint, Proof of Delivery, actual amount of the attendee of the Event and such other documents/ information provided by the Client, to RMC for further investigation.

(d) Concurrently, the Client shall submit a Refund Request to RMC within the timeline stipulated in Clause 4.1 above. The Request submitted must include the contact information of the Client, the details of the Events, clear and concise description and photograph of the Complaints or Non-Conformity and the supporting documents demonstrate it has made reasonable efforts to prevent the Deliverables from becoming unsatisfactory in Clause 4.1(b).

(e) RMC shall, upon the receipt of the Refund Request and the relevant documents transmitted in Clause 4.1(d), conduct a thorough investigation and communicate its findings to the Client within three (3) working days from the date of receipt of the Refund Request by the Client.

(f) If the Refund Request relates to a Non-Conformity arising from insufficient food being provided, RMC will not approve the Refund Request made by the Client in any of the following circumstances:

(i) the actual number of the attendees at the Event exceeds the agreed-upon quantity of Deliverables (number of pax) stated in the Quotation and/or Invoice, whether or not the Client has been advised on the recommended quantity to order for such capacity;

(ii) the Client fails to monitor the food stations, leading to overconsumption by the attendees at the Event provided that the quantity of the Deliverables is consistent with the agreed specifications;

(iii) attendees at the Event taking food home prior to end of the Event;

(iv) all or any part of the Deliverables taken by unauthorised persons; and

(v) the Client’s failure to account for dietary preferences (e.g. vegetarian or halal), course selection (e.g. more snacks than main course), number of attendees for the Event, leaving insufficient quantities of specific Deliverables.

(g) RMC shall allow the Refund Request made by the Client on the affected Deliverables and make a refund corresponding to the affected Deliverables to the Client, to be made in the form of store credits, valid for twelve (12) months from the date such store credits, allowing the Client to utilise it in its future purchases with RMC if the RMC’s investigation reveals that the Complaint or Non-Conformity is determined to be attributable to RMC due to any of the following circumstances:

(i) any part of the Deliverables are spoiled, undercooked, burnt, contaminated, unsafe for consumption and/or damaged;

(ii) the quantity of Deliverables delivered to the Client does not correspond with the agreed specifications;

(iii) the type of Deliverables delivered to the Client do not correspond with the agreed-specifications (e.g. incorrect menu items and incorrect type of utensils or cutlery); and

(iv) RMC’s failure to provide the agreed dietary options (e.g. vegetarian, halal or gluten free meals).

(h) RMC’s decision regarding the outcome of the investigation shall be final and conclusive and no appeal is allowed.

5. REFUND PAYMENT

(a) All Refund Request will be processed by RMC within seven (7) working days from the date of submission by the Client.

(b) In the event the Refund Request has been approved by RMC in accordance with the terms and conditions set out herein, RMC shall refund any or all part of the Invoice amount to be made in the form of store credits, valid for twelve (12) months from the date such store credits, allowing the Client to utilise it in its future purchases with RMC. In addition to issuing a refund, RMC may, at its sole discretion, offer the Client cash vouchers, discount vouchers for future purchases, or other forms of goodwill gestures.

(c) For the avoidance of doubt, any monies to be refunded pursuant to a successful Refund Request, shall be subject to a deduction of 5% of administrative charges may be imposed by RMC, from time to time, in its sole and absolute discretion or such other charges as may be imposed by any third party. No administrative charges will be imposed by RMC for refund in the form of store credits.

(d) For the avoidance of doubt, save and except for any clerical and/or manifest error, RMC’s calculation of the refund shall be final and binding on the Client and shall not in any way be disputed by the Client.

6. CUSTOMER SERVICE AND SUPPORT

6.1 For any inquiries, concerns, or to submit Refund Request related to Deliverables, or issues concerning delays in delivery, the Client may contact RMC's customer service team. RMC’s team is available to assist with any issues related to quantity, quality, condition, delivery, or other customer service matters. The customer service can be reached through the following contact details:

(a) Phone Number – 018- 966 4913

(b) Email Address – admin@runningmen.my

7. LIABILITY

(a) 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 refund of the Deliverables. Notwithstanding any other provision of this Refund 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 total Price of the Invoice in question.

8. VARIATION

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