Effective Date: 20/06/2026

These Terms of Service ("Terms") govern the use of the food distribution services ("Services") provided by TotalServe Solutions ("we," "us," or "our") to educational institutions, including schools, school districts, and other educational bodies ("Customer," "you," or "your"). By using our Services, you agree to these Terms. Please read them carefully.

1. Services Provided

We provide food distribution services to schools, which include the supply of meals, snacks, beverages, and other food products in compliance with applicable health and safety standards. These services may be subject to specific contractual agreements between the school and our company.

2. Eligibility

The Services are available only to licensed educational institutions or legally authorised representatives of such institutions. By agreeing to these Terms, you confirm that you are authorised to enter into agreements on behalf of your school or school district.

3. Orders and Delivery

3.1 Placing Orders

All orders must be placed in accordance with the procedures set out on our website, service platform, or via written agreement. Orders should specify product details, quantities, delivery instructions, and any dietary restrictions.

Orders must be submitted within the designated time frame (24 hours before delivery), as specified in the service agreement.

TotalServe Solutions reserves the right to accept, decline or cancel any order at its reasonable discretion, including where products are unavailable, payment terms have not been met, pricing errors have occurred, or the Customer's account is on hold.

The Customer agrees that invoices, statements, notices and other communications may be provided electronically.

3.2 Delivery of Food Products

Deliveries will be made to the specified location within the agreed-upon delivery window. Schools are responsible for ensuring a suitable receiving location and storage facilities for the food.

We are not liable for delays caused by events outside our control, such as extreme weather conditions, natural disasters, or transportation disruptions.

Delivery will be deemed complete once goods have been unloaded at the nominated delivery location and acknowledged by the Customer or the Customer's representative.

4. Product Standards and Safety

4.1 Allergies and Dietary Restrictions

Schools are responsible for providing us with accurate information regarding students' allergies and dietary restrictions when placing orders. We will make reasonable efforts to accommodate dietary needs but are not liable for errors if incomplete or inaccurate information is provided.

The Customer remains responsible for verifying that the products ordered are suitable for their intended consumers, including reviewing all ingredient and allergen information before the products are supplied or served.

4.2 Product Quality

We ensure that all food products meet industry quality and safety standards. However, it is the school’s responsibility to inspect all products upon delivery. Any concerns regarding product quality or safety must be reported immediately to our customer service team.

4.4 Best Before and Use By Dates

TotalServe Solutions supplies products with remaining shelf life considered reasonable and appropriate for commercial distribution. Best Before and Use By dates are determined by the manufacturer and may vary between products and deliveries.

Customers are responsible for inspecting Best Before and Use By dates upon delivery and managing stock using appropriate stock rotation practices.

Unless otherwise agreed in writing, products supplied with commercially reasonable remaining shelf life will not be accepted for return or credit solely on the basis of their Best Before date.

Any concerns regarding shelf life or date coding must be reported in writing within 24 hours of delivery.

4.3 Nutritional Information and Allergens

While TotalServe Solutions makes reasonable efforts to provide accurate product descriptions, nutritional information and allergen information where available, manufacturers may change product ingredients, formulations, packaging, nutritional content or allergen declarations without prior notice.

Customers are responsible for checking the product packaging, ingredient list and allergen declarations upon receipt before supplying or serving products to students or other consumers.

TotalServe Solutions accepts no liability for any loss, damage or adverse reaction resulting from reliance on outdated or inaccurate product information supplied by a manufacturer, except where required by applicable law.

4.5 Product Availability

All products are subject to availability. Where a product becomes unavailable due to supplier shortages or circumstances beyond our control, TotalServe Solutions reserves the right to substitute the product with a comparable item of equal or greater value, unless otherwise agreed with the Customer.

5. Pricing and Payment

5.1 Pricing

All pricing is provided either via our website or as agreed in a formal contract. Prices may include applicable taxes, delivery fees, or other charges as outlined in the contract.

5.2 Payment Terms

We reserve the right to require full or partial payment prior to dispatch where a Customer does not have an approved credit account or where we reasonably consider there is a credit risk.

Payment is due within 20 days of the invoice date unless otherwise specified in the agreement.

Any overdue or unpaid balances will incur a late payment fee of $25.00 after the due date has passed. Interest will accrue daily at a rate equivalent to 5% per calendar month, calculated daily on all overdue balances until payment is received in full.

All goods remain the property of TotalServe Solutions until paid in full. The Customer grants TotalServe Solutions a security interest in all goods supplied until payment has been received in full under the Personal Property Securities Act 1999 (New Zealand).

The Customer agrees to do all things reasonably required to enable TotalServe Solutions to register and maintain that security interest.

We reserve the right to suspend deliveries, place the Customer's account on stop credit, reduce or withdraw credit limits, or cancel future orders where payment terms are not met.

If there are two or more instances of late payment within any 12 month period, we may, at our sole discretion, change payment terms to Cash Before Delivery.

5.3 Credit Accounts

Credit facilities are granted at the sole discretion of TotalServe Solutions.

We reserve the right to reduce, suspend or withdraw credit facilities at any time without prior notice.

5.4 Debt Recovery

If an account remains unpaid after the due date, we may refer the debt to a debt collection agency or solicitor without further notice. The Customer agrees to pay all reasonable costs incurred in recovering the outstanding debt, including collection agency fees, legal costs on a solicitor-client basis, court costs and administrative expenses.

6. Responsibilities of the School

6.1 Storage and Handling

Schools are responsible for ensuring that all delivered food products are stored in accordance with relevant health and safety regulations (e.g., refrigeration, proper handling) once delivery is completed.

6.2 Record Keeping

Schools are required to keep accurate records of food deliveries, consumption, and any student allergies or dietary restrictions to ensure compliance with relevant health guidelines.

6.3 Acceptance of Deliveries

The Customer must inspect all deliveries upon receipt. Any shortages, damaged goods, incorrect items or quality concerns must be reported in writing within 24 hours of delivery. Deliveries will be deemed accepted after this period.

6.4 Risk

Risk in all goods passes to the Customer immediately upon delivery, regardless of whether ownership has transferred. The Customer is responsible for the proper storage, handling and use of all goods once delivery has been completed.

6.5 Returns

Returns will only be accepted with prior written approval from TotalServe Solutions.

Perishable food products cannot be returned unless they are defective, damaged upon delivery, incorrectly supplied, or otherwise required by law.

Products will not be accepted for return solely because the Customer did not use them before the Best Before or Use By date, provided they were supplied with commercially reasonable remaining shelf life.

Approved returns must be made in accordance with our instructions.

7. Cancellation or Termination of Services

Either party may cancel or terminate the services with 4 weeks' written notice. However, termination or cancellation by the school must comply with any existing contractual obligations, including payment for services rendered up until the date of termination.

8. Liability

8.1 Limitation of Liability

We will not be liable for any indirect, incidental, or consequential damages arising from the use of our Services, including but not limited to damages for loss of profits, loss of data, or business interruption.

All claims relating to shortages, damaged goods, incorrect deliveries or product quality must be submitted in writing within 48 hours of delivery. Claims received after this period may not be accepted.

8.2 Product Liability

We are liable for foodborne illnesses directly caused by products distributed through our Services only if it can be proven that the contamination occurred before delivery. Schools are responsible for ensuring proper food handling and storage post-delivery.

9. Force Majeure

We are not responsible for any failure or delay caused by events beyond our reasonable control including, but not limited to, natural disasters, severe weather, pandemics, supplier shortages, transport disruptions, cyber incidents, labour shortages, government restrictions, war, industrial action or port delays.

10. Confidentiality and Privacy

10.1 Confidential Information

Both parties agree to keep any non-public information regarding business practices, pricing, and service arrangements confidential. Exceptions to this include disclosures required by law, or where the Customer fails to pay an invoice by the due date. In the event of default, we reserve the right to notify the associated school administration, board, or project managers regarding the outstanding debt.

10.2 Privacy

Our use of personal data (including student and school representative information) is governed by our Privacy Policy, which can be found here https://www.totalservesolutions.co.nz/privacy-policy

By using our Services, you agree to our data collection and processing practices.

10.3 Intellectual Property

All content, materials, and services provided on this website, including but not limited to text, images, graphics, logos, icons, audio clips, video clips, data compilations, software, and any other materials (collectively, "Content"), are the property of TotalServe Solutions and/or its licensors. These materials are protected by copyright, trademark, patent, and other intellectual property laws.

Ownership of Content

Unless otherwise specified, TotalServe Solutions holds the exclusive rights to the intellectual property on this website, including but not limited to:

Copyrighted Materials: All written content, product descriptions, and original images.

Trademarks: All logos, brand names, product names, and any other distinctive features or elements associated with TotalServe Solutions and its affiliates.

Patents: Any inventions, processes, or products that are patented or patent-pending.

Trade Secrets: All proprietary business information, algorithms, techniques, or processes used in providing our services.

Usage Restrictions

You are granted a limited licence to access and make personal use of the materials on this website. This licence does not include the following activities, and you agree not to engage in them:

Republishing content from the website in any form, including reproduction on other websites or platforms, without explicit written consent.

Commercial use of website content without permission, such as selling, renting, or redistributing the materials.

Creating derivative works or modifications based on the content without approval from TotalServe Solutions.

Copying, duplicating, or reproducing content for use in any commercial, educational, or public setting.

Trademark Usage

All trademarks, service marks, and logos displayed on the website are the registered and unregistered trademarks of TotalServe Solutions and/or third parties who have authorised their use. You are not permitted to use any of these trademarks, logos, or branding without prior written consent.

Violation of Intellectual Property

Any unauthorised use of the Content that violates intellectual property laws or these Terms of Service may result in termination of the limited licence granted to you and could lead to legal action. TotalServe Solutions reserves the right to pursue legal remedies for any such violations.

11. Dispute Resolution

The parties agree to first attempt to resolve any dispute through good faith discussions.

If a dispute cannot be resolved within 30 days, either party may pursue mediation or commence legal proceedings in accordance with New Zealand law.

Nothing in this clause prevents TotalServe Solutions from taking immediate action to recover unpaid debts or enforce its rights under these Terms.

12. Amendments to These Terms

We reserve the right to modify these Terms at any time. Any changes will be indicated by updating the “last updated” date at the top of this document. Continued use of our Services following such changes signifies your acceptance of the amended Terms.

13. GST & Fulfillment Fees

13.1 GST Exclusive Prices

All prices displayed on this website, quoted via email, or listed in commercial price lists are strictly exclusive of Goods and Services Tax (GST) unless explicitly stated otherwise.

13.2 Liability for Tax

The Buyer is liable to pay the core price of the goods plus the applicable GST, alongside any operational service fees and diesel-adjusted delivery charges.

13.3 Tax Invoicing

GST will be calculated at the prevailing statutory rate and appended to the final total at the checkout screen or upon formal invoice generation. A valid Tax Invoice will be issued for all transactions to facilitate your business tax credits.

13.4 Rate Adjustments

We reserve the right to adjust checkout calculations dynamically to reflect any legislative changes to the governing country's GST rate without prior notification to the Buyer.

13.5 Service Fees and Thresholds
Orders below the value of $300.00 (excluding GST) will incur a standard Service Fee of $25.00 (+ GST). This fee covers the operational costs of labour, storage, and secure, specialised handling of goods. This $25.00 service fee is waived entirely for all orders with a core product value exceeding $300.00 (excluding GST).

13.6 Diesel & Delivery Adjustments
Due to ongoing volatility and rises in fuel and logistics costs, a separate, non-waivable delivery fee applies to all shipments. This variable surcharge is calculated at checkout and contributes directly to offsetting current diesel and transport expenses.

14. Website

14.1 Errors

While we make every effort to ensure pricing and product information is accurate, we reserve the right to correct any pricing, product description or typographical errors prior to accepting an order.

14.2 Website Use

Customers are responsible for maintaining the confidentiality of their account login details and for all activity conducted under their account. TotalServe Solutions reserves the right to suspend or terminate access where unauthorised use, misuse or security concerns are identified. While reasonable efforts are made to maintain website availability, uninterrupted access cannot be guaranteed.

15. Entire Agreement

These Terms, together with any written quotation, credit application, service agreement or accepted order, constitute the entire agreement between the parties and supersede all prior discussions, representations and understandings relating to the Services.

16. Governing Law

These Terms are governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand courts.

17. Severability clause

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us at:

TotalServe Solutions

Website: www.totalservesolutions.co.nz

Email: admin@totalservesolutions.co.nz

Phone: +64 21 199 2525