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Harbour Foods · Coastline supply agreement

Matter details

Matter number
00142
Practice area
Commercial
Stage
Negotiation
Status
Open
Responsible lawyer
Claire Donnelly
Client
Harbour Foods
Opened
1 Sep 2025
Target signing
30 Sep 2025
Agreement
Supply of goods
Counterparty
Coastline Produce
Term
3 years
Contract value
$1.2m a year
Governing law
NSW
Our mark-up
Sent 12 Sep

Current positionUpdated 3 hours ago

Our mark-up went to Coastline on 12 September 1. They have accepted the liability cap and made termination mutual, but want 60 days’ notice instead of 30 2. Priya wants to sign by 30 September.

Needs attention· 2

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You

Is the uncapped liability clause in Coastline’s standard form an unfair contract term?

Donna

Search Australian law3 sources

It may be. Unfair terms in standard form small business contracts are prohibited, and carry penaltiesAustralian Consumer Law, s 23. A term is unfair if it causes a significant imbalance and isn’t reasonably necessary to protect Coastline’s interestss 24. The ACCC gives one-sided limits on liability as an example.

ActivitySourcesMemory

Legislation

Legislation · Cth · Sch 2 s 23Competition and Consumer Act 2010
Legislation · Cth · Sch 2 s 24Competition and Consumer Act 2010

Web

ACCCUnfair contract terms

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Harbour Foods · Coastline supply agreement

Matter details

Matter number
00142
Practice area
Commercial
Stage
Negotiation
Status
Open
Responsible lawyer
Claire Donnelly
Client
Harbour Foods
Opened
1 Sep 2025
Target signing
30 Sep 2025
Agreement
Supply of goods
Counterparty
Coastline Produce
Term
3 years
Contract value
$1.2m a year
Governing law
NSW
Our mark-up
Sent 12 Sep

Current positionUpdated 3 hours ago

Our mark-up went to Coastline on 12 September 1. They have accepted the liability cap and made termination mutual, but want 60 days’ notice instead of 30 2. Priya wants to sign by 30 September.

Needs attention· 2

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You

Does the liability cap cover a data breach?

Click a citation to see the passage.

Master services agreement.pdfPage 9 of 24
13.4The Customer may withhold any amount disputed in good faith under clause 13.2 until the dispute is resolved.
14LIMITATION OF LIABILITY
14.1Neither party is liable to the other for any indirect or consequential loss, including loss of profit, revenue or data, however arising.
14.2Subject to clauses 14.3 and 14.4, each party’s total aggregate liability under or in connection with this Agreement is limited to the Fees paid or payable by the Customer in the twelve (12) months preceding the event giving rise to the claim.
14.3The limitation in clause 14.2 does not apply to liability for death or personal injury, fraud or wilful misconduct.
14.4Nothing in this clause 14 limits the Supplier’s liability for any Data Breach, or for any breach of clause 11 (Privacy and Data Security), which liability is unlimited.
14.5Each party must take reasonable steps to mitigate any loss it suffers or incurs under or in connection with this Agreement.

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You

Every time a supplier agreement comes in, review it against our playbook, mark it up and send it to me.

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Harbour Foods · Coastline supply agreement
When auto-run is enabled, this playbook runs automatically for new matters and whenever new files are added.
NameStatusLast runActions
Intake · CompleteLast week
Review · New results to review25 minutes ago
In progress · CompleteYesterday
Waiting · No results yetNot yet
Waiting · No results yetNot yet

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Harbour Foods · Coastline supply agreement
Today
PS

Priya Shah · Client · 11:02 AM

Coastline came back on the notice period. Is 60 days something we can live with?

CD

Claire Donnelly · Lawyer · 11:20 AM

Yes. It’s within our fallback, and they’ve accepted the liability cap. I’ll send you the changes to approve today.

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