Acknowledgment and Acceptance of Disclaimer and Terms and Conditions
Isaac Delivers Web Site is owned and operated by Isaac’s Band of Brothers & Sisters Incorporated ABN: 84767618399 trading as Isaac Delivers.
When you buy services from Isaac Delivers you agree to the terms, conditions and disclaimers as amended from time to time and as set out below (“Terms & Conditions”) and acknowledge that you have read and understood these Terms and Conditions. By using Isaac Delivers web site and services you expressly agree to be bound by these Terms and Conditions.
Please read this Disclaimer and Terms and Conditions prior to ordering any services. These Terms and Conditions govern the purchase of any services from Isaac Delivers.
Isaac Delivers may amend these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of Isaac Delivers services after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended.
Should you have any questions or wish to clarify the meaning of any of these terms and conditions, please contact Isaac Delivers prior to ordering any services.
In these terms and conditions:
- “Isaac Delivers” shall mean Isaac Delivers staff.
- “Customer” means the person or entity entering into this contract with Isaac Delivers.
Isaac Delivers reserves the right to refuse
Isaac Delivers reserves the right to refuse to transport any goods for any person, firm or company at its discretion without being bound to give any reason for such refusal.
Delivery of Goods
Isaac Delivers is authorised to deliver the goods at the address given to Isaac Delivers by the Customer for that purpose, and without prejudice to any other method of delivery.
Isaac Delivers is taken to have delivered the goods specified in the Contract in accordance with the terms and conditions of the Contract if at that address Isaac Delivers obtains from any person a receipt or signed delivery docket for the goods.
If the specified place of delivery is unattended or if Isaac Delivers is otherwise unable to effect delivery, Isaac Delivers will contact the customer to arrange alternate directions, ie. request an alternative authority to leave safe, redelivery, alternate address or return goods to address of collection .
The Customer must pay or indemnify Isaac Delivers for all costs and expenses incurred in or about for additional directions.
If Isaac Delivers receives alternate directions to deliver items in accordance this is deemed to be delivery of the goods under this contract.
The Customer agrees to any deviation by Isaac Delivers from the usual route or manner of carriage of the goods which may be deemed by Isaac Delivers to be reasonable or necessary in the circumstances at its absolute discretion.
Responsibility for loss or damage to goods or miss delivery
Unless otherwise agreed in writing, the goods are carried at the risk of the Customer and Isaac Delivers accepts no responsibility in tort or contract or otherwise for any loss or destruction of, or damage to, or misdelivery or failure to deliver, or delay in delivery of goods either in transit or in storage, whatever the reason.
The Customer agrees to indemnify Isaac Delivers against all loss, damage and expense sustained by any person (including Isaac Delivers) by reason of any such loss, damage, misdelivery, non-delivery or delay in delivery.
Explosive, inflammable or otherwise dangerous goods
The Customer or the Customer’s authorised agent must not tender any explosive, inflammable, or otherwise dangerous or damaging goods for carriage by Isaac Delivers unless the Customer gives Isaac Delivers a full description of the goods.
If the Customer fails to comply the Customer is liable for all loss and damage resulting from this breach.
Claiming for loss or damage
Any claim for loss or damage to the goods subject of this contract in whole or in part by the Customer or the Consignee must be lodged with Isaac Delivers in writing within seven (7) days from the date of despatch of the goods.
Customer’s warranty as to ownership or otherwise
The Customer expressly warrants to Isaac Delivers that the Customer is either the owner of, or authorised agent of the owner, of any goods under this contract.
By entering into this contract, the Customer agrees to accept these Terms and Conditions of this contract of carriage on behalf of the Consignee, as well as for all other persons on whose behalf the Customer is signing.
The Customer agrees to indemnify Isaac Delivers for any liability whatsoever to any person in respect of the goods subject to this Contract (other than the Customer) who claims to have, who has, or may have later on, any interest in the goods in whole or in part.
Customer’s Warranty as to Packaging of Goods
The Customer warrants that the Customer has complied with all laws and regulations relating to nature, packaging, labelling or carriage of the goods and that the goods are packed in an adequate manner to withstand the ordinary risks of carriage when having regard to the nature of the goods.
The Customer agrees to indemnify Isaac Delivers to the extend that the Customer fails to comply with this warranty and loss or damage result from the Customer’s failure to comply.
Insurance of goods
Isaac Delivers will effect insurance of goods up to the value of $100,000 dollars as the agent of the Customer if the Customer instructs Isaac Delivers to do so in writing prior to the effect of the contract.
To avoid doubt, it is not the responsibility of Isaac Delivers to effect insurance of goods. Insurance of goods will only be effected by Isaac Delivers for the benefit of the Customer if Isaac Delivers receives written or electronically transmitted instructions from the Customer and the Customer agrees to pay the cost of insurance.
Charges by Isaac Delivers
Isaac Delivers’s charges are deemed to be earned as soon as the goods are loaded and despatched by Isaac Delivers.
The Customer will be and remains responsible to Isaac Delivers for all proper charges incurred by Isaac Delivers for any reason whatsoever.
Isaac Delivers is entitled to make a charge for any delay over ten (10) minutes in loading or unloading the goods which results from the Customer’s default. The permissible delay period starts upon Isaac Delivers reporting at the relevant place for loading or unloading.
The cost of any labour to load or unload the vehicle is the responsibility of the Customer or Consignee of the goods.
Isaac Delivers has the right to cancel the service should the goods not be ready for cartage within 10min of Isaac Delivers arrival at the point of collection. Isaac Delivers will notify the Customer of this in effect.
Terms of Payment
Customers agree to accept the terms of trading as strictly thirty (30) days net from receipt of Isaac Delivers’s monthly statement.
Nothing prevents Isaac Delivers from taking any action necessary to recover any unpaid courier charges. Isaac Delivers is entitled without express authorisation from the Customer to recover any
Isaac Delivers reserves the right to retain the Customers credit card details if provided to us for the purposes of this agreement including to process any future payment of fees from the customer. The Customer acknowledges that they are solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the processing or collection of payments.
The Customer agrees to pay all costs, legal or otherwise, incurred in the collection of charges due and owing by the Customer to Isaac Delivers for carriage of goods.
Isaac Delivers will charge the Customer 70% of the quoted price if the contract is cancelled after Isaac Delivers has arrived at the collection address.
Isaac Delivers will charge the Customer 30% of the quoted price if the contract is cancelled after the contract has been accepted by Isaac Delivers.
Isaac Delivers will not charge the Customer if the contract is cancelled before the contract has been accepted by Isaac Delivers
Isaac Delivers does not issue refunds under any circumstances other than services payed in advance. Any service paid for by credit card which Isaac Delivers approves of a refund (part or full) will have a transaction fee applied of one Australian dollar ($1.00 AU).
Goods and Services Tax
“GST” means any tax imposed by authority of any GST law enacted by the Commonwealth Parliament and includes goods and services tax within the meaning of the GST Act.
“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (as amended).
The Customer agrees that to the extent that Isaac Delivers is or becomes liable to pay GST pursuant to making a taxable supply under the GST Act to the Customer, Isaac Delivers will pay GST liability.
The Customer accepts that all rights, immunities and limitations of liability accruing to Isaac Delivers under these Terms and Conditions continue to have full force and effect, not withstanding any breach of contract or any condition by Isaac Delivers.
Notwithstanding anything in these Terms and Conditions, Isaac Delivers continues to be subject to any implied warranty provided by the Trade Practices Act 1974 (as amended) or any other Commonwealth or State legislation if and to the extent that the relevant Act applies to the contract and prevents any exclusion, restriction or modification of any such warranty.
Isaac Delivers is not bound by any agreement which purports to vary these Terms and Conditions unless the agreement is in writing and signed by or on behalf of Isaac Delivers by its duly authorised officer.
These Terms and Conditions are to be governed and construed by the laws of the State in which Isaac Delivers has its principal place of business wherever the contract is made. Accordingly, any proceedings in respect of any claim, matter or thing against Isaac Delivers must be instituted in that State only.
The clauses and provisions in these Terms and Conditions are severable from each other and if for any reason any clause or provision is invalid or unenforceable, such invalidity or unenforceability does not prejudice or in any way affect the invalidity or unenforceability of any other clause or provision of these Terms and Conditions.