Acknowledgment And Acceptance of Terms & Conditions
The Momentum Messenger website is owned and operated by Momentum Messenger ABN: 80767845420 trading as Momentum Messenger. When you obtain information or buy services from this website, you agree to the terms, conditions and disclaimers as set out below under "Momentum Messenger Terms & Conditions" (the “Terms & Conditions”). You also acknowledge that you have read and understood the Terms & Conditions. By using this website to buy a delivery service, or by registering on this website, you expressly agree to be bound by these Terms & Conditions.
Please read the Momentum Messenger Terms & Conditions prior to ordering any services from this website. They govern the use of this website and the purchase of any services from it.
Momentum Messenger may amend the Terms & Conditions from time to time. Any amendment will be effective immediately. Your continued use of this website after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms & Conditions, as so amended.
Should you have any questions or wish to clarify the meaning of any of these Terms and Conditions, please contact Momentum Messenger prior to ordering any services from the website.
All data provided by you to Momentum Messenger will be considered as confidential information and will not be disclosed by Momentum Messenger to any third party except as may be required for the provision of the services you have requested Momentum Messenger provides or where legally requested by Government authorities, police or a Court of Law.
Momentum Messenger Terms & Conditions
In these Terms & Conditions:
"Courier" shall mean Momentum Messenger, its agents and Sub-Contractors.
"Customer" means the person or entity, or as servants or agents, entering into this contract with the Courier.
"Sub-Contractor" means and includes:
(a) Any person, firm or company with whom the Courier may arrange for the carriage of any goods the subject of this contract;
(b) Any person who is now or later a servant, agent, employee or Sub-Contractor of any other persons referred to in (a) above.
“Common Carrier” is a person or company undertaking to transport any goods or passengers on regular routes at agreed rates.
“The contract” by which is defined by the
“ATL” authorise to leave
“Consignee” the recipient of goods transported
2. COURIER IS NOT A COMMON CARRIER
2.1 The Courier is not a common carrier and will accept no liability as such.
2.2 All goods or articles are carried or transported and all storage and other services are performed by the Courier subject to these Terms & Conditions.
2.3 The Courier 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.
3. RIGHT TO SUB-CONTRACT
3.1 The Customer authorises the Courier to engage a Sub-Contractor for the carriage of any of the goods subject to this contract at its discretion.
3.2 The Sub-Contractor is deemed to be entitled to the full benefit of these Terms & Conditions to the same extent as the Courier. The Courier is deemed to have entered into this contract for its own benefit and also as agent for the Sub-Contractor.
4. DELIVERY OF GOODS
4.1 The Courier is authorised to deliver the goods at the address given to the Courier by the Customer for that purpose, and without prejudice to any other method of delivery.
4.2 The Courier is taken to deliver the goods specified in the Contract in accordance with the term and conditions of the Contract if at that address the courier obtains from any person a receipt or signed delivery docket for the goods.
4.3 If the specified place of delivery is unattended or if the Courier is otherwise unable to effect delivery, the Courier will contact the customer to arrange alternate directions, ie. request an 'ATL': authority to leave safe, redeliver, deliver to an alternate address or return goods to address of collection . The Customer must pay the Courier for all costs and expenses incurred due to additional directions.
4.4 If the Courier receives an 'ATL' in accordance with Clause 4.3, this is deemed to be delivery of the goods under this Contract.
4.5 The Customer agrees to any deviation by the Courier from the usual route or manner of carriage of the goods, which may be deemed by the Courier to be reasonable or necessary in the circumstances at its absolute discretion.
5. RESPONSIBILITY FOR LOSS OR DAMAGE TO GOODS OR MIS-DELIVERY
5.1 Unless otherwise agreed in writing (including email or SMS), the goods are carried at the risk of the Customer and the Courier accepts no responsibility in tort or contract or otherwise for any loss or destruction of, or damage to, or mis-delivery or failure to deliver, or delay in delivery of goods either in transit or in storage, whatever the reason.
5.2 The Customer agrees to indemnify the Courier against all loss, damage and expense sustained by any person (including the Courier) by reason of any such loss, damage, mis-delivery, non-delivery or delay in delivery as mentioned in Clause 5.1.
6. EXPLOSIVE, INFLAMMABLE OR OTHERWISE DANGEROUS GOODS
6.1 The Customer or the Customer's authorised agent must not tender any explosive, inflammable, or otherwise dangerous or damaging goods for carriage by the Courier
7. CLAIMING FOR LOSS OR DAMAGE
7.1 Any claim for loss or damage to the goods which are the subject of this Contract, in whole or in part, by the Customer or the Consignee must be lodged with the Courier in writing (including email or SMS) within seven (7) days from the date of despatch of the goods.
8. CUSTOMER'S WARRANTY AS TO OWNERSHIP OR OTHERWISE
8.1 The Customer expressly warrants to the Courier that the Customer is either the owner of, or authorised agent of the owner, of any goods under this Contract.
8.2 By entering into this Contract, the Customer agrees to accept these Terms & Conditions on behalf of the Consignee, as well as for all other persons on whose behalf the Customer is signing.
8.3 The Customer agrees to indemnify the Courier 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.
9. CUSTOMER'S WARRANTY AS TO PACKAGING OF GOODS
9.1 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 and the delivery method (i.e. by bicycle or other transportation).
9.2 The Customer agrees to indemnify the Courier to the extend that the Customer fails to comply with this warranty and loss or damage resulting from the Customer's failure to comply.
10. INSURANCE OF GOODS
10.1 The Courier will effect insurance of goods up to the value of $100,000 dollars as the agent of the Customer if the Customer instructs the Courier to do so in writing (including email or SMS) prior to the effect of the Contract.
10.2 Any insurance expenses will be at the Customers cost.
10.3 Momentum Messenger will advise the cost of insurance in writing (including email or SMS) and the Customer will accept this cost in writing (including email or SMS) prior to despatch of the Consignment.
10.4 To avoid doubt, it is not the responsibility of the Courier to effect insurance of goods. Insurance of goods will only be effected by the Courier, for the benefit of the Customer, if the Courier receives written or electronically transmitted instructions from the Customer and the Customer agrees to pay the cost of insurance in advance of despatch.
10.5 Unless an amount otherwise stated in a personal contract Momentum Messenger offers private insurance of up to $100 for damages or loss during transit. This must be claimed within one week (7 days) of incident and include substantial evidence that Momentum Messenger lost or damaged said goods.
11. CHARGES BY THE COURIER
11.1 The Courier's charges are deemed to be earned as soon as the goods are loaded and despatched by the Courier.
11.2 The Customer will be responsible and remains responsible to the Courier for all proper charges incurred by the Courier for any reason whatsoever.
11.3 The Courier is entitled to make a charge for any delay over five (5) minutes in loading or unloading the goods, which is the fault of the Customer or its agents. The permissible delay period starts upon the Courier reporting at the relevant place for loading or unloading.
11.4 The cost of any labour to load or unload the vehicle is the responsibility of the Customer or Consignee of the goods.
11.5 The Courier has the right to cancel (see Item 13) the service should the goods not be ready for carriage within 5 minutes of the Couriers arrival at the point of collection. The Courier will notify the Customer of this cancellation.
11.6 Momentum Messenger has the right to automatically upgrade a job should it be booked incorrectly. This includes weight and bulky surcharges.
11.7 Momentum Messenger has the right to automatically upgrade a service level if it has been booked past the cut off time. 'Day' rate will be upgraded to 'Standard' rate after 1:00pm. 'Standard' rate will be upgraded to 'Urgent' rate after 2:30pm, 'Urgent' rate will be automatically upgraded to 'ASAP' rate after 4:00pm.
12. TERMS OF PAYMENT
12.1 Customers not on a COD basis or not paying each job in advance via credit card agree to accept the terms of trading as strictly thirty (30) days net from receipt of the Courier's monthly invoice or statement unless otherwise stated or agreed upon on statement.
12.2 The Customer agrees to pay all costs, legal or otherwise, incurred in the collection of charges due and owing by the Customer to the Courier for carriage of goods.
12.3 A 3% surcharge will be applied to total cost of statement if not paid by due date (end of day). An additional 3% surcharge will be applied for every 7 days (end of day) if statement is not paid.
12.4 Automatic Credit Card payments will be deducted within 7 days of invoice. If there is a discrepency with job breakdown the Customer must notify Momentum Messenger within 7 days of invoice.
13. CANCELLATION CHARGES
13.1 The Courier will charge the Customer 70% of the quoted price if the contract is cancelled after the Courier has arrived at the collection address.
13.2 The Courier will charge the Customer 30% of the quoted price if the contract is cancelled after the contract has been accepted by the Courier.
13.3 The Courier will not charge the Customer if the contract is cancelled before the contract has been accepted by the Courier
14. REFUNDS POLICY
14.1 The Courier does not issue refunds under any circumstances other than services paid in advance via cash or credit card specifically related to Cancellation Charges (see Item 13). Any service paid for by credit card for which the Courier approves of a refund (in part or in full) will have a transaction fee applied of one Australian dollar ($1.00).
15. GOODS AND SERVICES TAX
15.1 In this Agreement:
"GST" means any tax imposed by authority of any goods and services tax 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).
15.2 Momentum Messenger is registered for GST and all payments to Momentum Messenger will incur a GST, which will be passed onto the Australian Taxation Office.
16.1 The Customer accepts that all rights, immunities and limitations of liability accruing to the Courier under these Terms & Conditions continue to have full force and effect, not withstanding any breach of contract or any condition by the Courier.
16.2 Notwithstanding anything in these Terms & Conditions, the Courier 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.
16.3 The Courier is not bound by any agreement which purports to vary these Terms & Conditions unless the agreement is in writing and signed by or on behalf of the Courier by its duly authorised officer.
16.4 These Terms & Conditions are to be governed and construed by the laws of the State of Victoria. Accordingly, any proceedings in respect of any claim, matter or thing against the Courier must be instituted in that State only.
16.5 The clauses and provisions in these Terms & Conditions are severable from each other and if for any reason any clause or provision is invalid or unenforceable, such invalidity or un-enforceability does not prejudice or in any way affect the invalidity or un-enforceability of any other clause or provision of these Terms & Conditions.