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Terms & Conditions
TORPEDO COURIERS TERMS & CONDITIONS OF SALE
1.The Terms and Conditions of Use including the Privacy Policy (“the Terms”) applies to all Customers of the Torpedo website (“the Website”). The Terms govern the use of the Website and the Services by Customers. Access and use of the Services and the Website is granted only on the basis that the Customer has carefully read and agree with all terms and conditions contained in the Terms.

2.“Customer” for the purpose of the Terms means any person, group or entity who accesses, uses or views in anyway the Website either directly or indirectly or any other use of the Website, or uses, requests, engages, benefits or in anyway is connected with the Services.

3.“Torepedo” for the purpose of the Terms and Privacy Policy means Torpedo Couriers Pty Ltd ACN 127 113 704, its employees, directors, owners, drivers, agents, affiliates, subcontractors, sub-subcontractors and any employee, agent, affiliate or sub contract of any of the aforementioned.

4.“Torepedo’s Services” and “Services” and "services" means all products, items and services provided to Customers or other third parties by Torepedo directly or indirectly whether via the Website or not, including services provided to the Customer by Torepedo as agent, shipping agent, forwarder, carrier or bailee.

5.“Goods” means any goods accepted from or on behalf of a Customer or any other goods, materials or matter picked up with any goods accepted from or on behalf of a Customer or any packaging, pallet, container, wrapping or other item picked up with any goods accepted from or on behalf of a Customer.

6.Torepedo may amend the Terms and Privacy Policy ("Terms") at any time in their sole discretion by posting the amended terms on the Website. All amended Terms shall be effective 7 days after they are posted on the Website. In the event that a Customer or User does not agree with the Terms, the Customer or User must immediately cease their use of the Website and the Services.

7.The Services are available only to persons or entities who can form legally binding contracts (i.e. in the case of individuals those over the age of 18 years).

8. Torepedo may amend the Services and information provided on or via the Website at any time.

9. Unless otherwise stated, all amounts stated by Torepedo are quoted in Australian Dollars.

10. Torepedo is not a common carrier and may engage third party carriers to carry the Customer’s goods.

11. Torepedo may in its sole discretion refuse to handle, store or transport Goods for any reason. In the event of Torepedo refusing to handle, store or transport Goods you agree to release Torepedo from any and all liability, loss and damage that may result from the non handling, storing or transport of such Goods.

12. It is agreed that Torepedo may subcontract part or all of its obligations on any terms it deems appropriate. Any third party subcontractor engaged by Torepedo may subcontract part or all of their obligations on any terms Torepedo deem appropriate.

Payment for Services
13. The Customer must pre-pay the charges relating to the Services and the transport of Goods using Torepedo’s on-line booking service. Where payment has not been pre-paid and Torepedo has agreed to other payment terms, the Customer agrees to pay Torepedo all charges in relation to the Services and the transport of Goods as determined by Torepedo.

14. In addition to freight the Customer agrees it will be charged for: a. any additional expenses Torepedo incurs as a result of any incorrect declaration by the Customer or on the Customer’s behalf of the weight, dimensions, description or packaging of the Goods, and/or pick up or destination of the Goods; b. any storage charges or other charges or expenses Torepedo incurs in relation to the Goods (which may include "Futile Pick-Up" charges, Re-Delivery charges, Waiting Times, Unloading Times and so forth).

15. Futile Pickup Charges occur if: a. No-one is available to despatch the Goods on the nominated pickup date and time; b. If the driver refuses pickup the Goods because a consignment-label is not attached to the Goods; c. If the driver refuses pickup the Goods because the Goods are not packaged correctly to withstand transportation and there is a likelihood of damage occurring to the Goods; or d. If the sender will not release the Goods to the driver on the nominated pickup date and time.

16. The Customer guarantees and agrees to pay any and all additional charges to Torepedo within seven (7) days of notification of such charges.

17. In the event that the Customer fails to pay any additional charges in full within 7 days of notification by Torepedo the Customer agrees to pay an accounting surcharge of 20% of the gross value of the total overdue amount, together with interest at the rate set for the time being in the Penalty Interest Rates Act 1983 (Victoria) to be calculated on a daily basis from the first date of the account becoming overdue until payment is made in full.

18. The Customer agrees that Torepedo may receive and will retain all commissions, allowances and remuneration paid to it in relation to the Services and the transport of the Goods including those paid by or to forwarding agents, shipping agents, forwarders, storers, carriers or bailees.

Alterations or Cancellations to Bookings and Deliveries
19. Booking alterations or cancellations are permitted no later than 24 hours in advance of the booking date/time specified. A cancellation fee of 5% will apply to bookings altered or cancelled more than 24 hours in advance of such booking date/time.

20. Any alteration or cancellation of a booking within 24 hours of the booking date/time shall be deemed to be a new booking and the charge incurred for the first booking will be forfeited by the Customer and a new charge will be incurred for any altered booking or new booking date/time.

21. Receipted Deliveries include one delivery attempt (and one re-delivery attempt should the receiver not be home on the first delivery attempt). Additional charges may be incurred by the Customer if more than one re-delivery attempt is made or if Torepedo is requested by the Customer or the recipient to re-deliver to a different address other than the address nominated at the time of booking by the Customer.

Customer Warranties
22. The Customer warrants and agrees as follows: a. The Customer owns and has good title to the Goods or if there are other owners of the Goods, the Customer acts as the true owner’s agent and the owner and Customer agree to the handling, transport and storage of the Goods on the Terms; b. The Customer has completed all booking details and provided Torepedo with all relevant information in relation to the Goods and the Services to be provided and such information is true and accurate; c. The Goods are packaged to Torepedo to withstand handling, transport and storage; d. The Customer has complied with all laws in connection with the Goods to ensure that they can be lawfully handled, transported and stored; e. The Customer has not requested Torepedo to handle, transport or store Goods in any way that could be unlawful; f. The Customer agrees that Torepedo is not warranting that the Goods will not be damaged or destroyed in transit and the Customer has arranged suitable insurance to cover the Goods and the Services. g. The Customer will indemnify and keep indemnified Torepedo for any loss or damage whatsoever caused to any person as a result of the Customer’s breach of the Terms. h. The Customer agrees that the indemnities in these Terms will operate irrespective of whether any loss or damages arises from a wilful, deliberate or unauthorized act or omission by Torepedo.

Customer Indemnity
23. The Customer agrees to indemnify and keep indemnified Torepedo from any and all loss and damage caused whatsoever under these Terms and in relation to the Services and the Website This clause shall not merge on the expiry or termination of this agreement and shall enure for the benefit of Torepedo.

Dangerous Goods
24. “Dangerous” means any Good classified or likely to be classified by either the IATA Dangerous Goods Regulations or the Australian Dangerous Goods Code or any goods which may or likely injure or damage any person, property or the environment. Goods which are Dangerous may include (but is not limited to) any goods that are or may become poisonous, corrosive, volatile, explosive, toxic, flammable or radioactive.

25. The Customer agrees to inform Torepedo if the Goods are Dangerous.

26. Torepedo may refuse to handle or carry any class of Dangerous Goods.

Delivery of Goods
27. The Customer agrees to allow Torepedo to use any method for handling, transporting or storing the Goods. Torepedo will give priority to any instructions given by the Customer, but if such instructions cannot be followed, the Customer agrees to Torepedo using any other handling, transport or storing method it deems appropriate.

28. The Customer agrees that Torepedo may deviate from any usual route of transport or place of storage for the Goods;

29. The Customer agrees that Torepedo may claim a general or particular lien over the Goods, and any documents relating to them for outstanding payments relating to the Goods and Services, which have been, or are to be, handled, transported or stored on the Customer’s behalf;

30. The Customer agrees that Torepedo may sell any Goods held by Torepedo for outstanding payments by public auction or private sale without any notice to the Customer.

31. Torepedo will attempt to deliver the Goods to the address nominated by the Customer.

32. Delivery is deemed to be effected when: a. Torepedo receives a signed receipt or delivery docket for the Goods, and/or b. if the delivery address is unattended, delivery is deemed to have occurred and Torepedo may leave the Goods at that address unattended, and/or c. if the address of delivery is unattended and Torepedo elects to re-deliver Goods to the Customer, the receiver or a third party/address, Torepedo will charge you for the costs of the re-delivery including any storage costs Torepedo may incur.

33. The Customer agrees to pay any additional charges within seven (7) days of notification of any additional charges incurred by Torepedo in the delivery of the Customer’s Goods.

34. Torepedo will not deliver Goods to a post office box.

Insurance and Risk
35. The Customer is entirely responsible for insuring the Goods Torepedo transports, handles and stores.

36. If the Customer fails to insure the Goods, Torepedo does not agree to pay to the Customer for any loss or damage caused to the Goods for any reason whatsoever by Torepedo or any other thirdparty or event, act or omission outside the control of Torepedo

37. The Services are supplied to the Customer at the Customer’s sole risk.

38. The Customer bears all risks of loss or damage arising in connection with the Goods at all times.

Delay
39. Torepedo will attempt to deliver the Goods to the address within the nominated period of time, but the Customer agrees that Torepedo shall not be liable for any delay in delivery caused whether such delay is as a result of Torepedo’s acts or omissions.

40. Torepedo is not liable for any delay, loss or damage arising from the supply of or failure to supply Services (including loss of, deterioration in, mis-delivery of, or failure to deliver Goods), or for any loss or damage including without limitation indirect, incidental, special or consequential damage and damage for loss of profits caused to the Customer or any third party under the Terms or the Services for any reason whatsoever including, but not limited to breach of Contract, negligence, breach of duty as bailee, or Torepedo’s act or omission, willful act or default, and the provisions of the Trade Practices Act and any other Act of Parliament or Law are modified accordingly to the maximum extent permitted by law.

41. In the event there is any liability then, such claim must be made in writing to Torepedo by the Customer within seven (7) days of delivery and it is agreed that any such liability shall be limited to the price paid for the Services rendered, and no other damages, monies payable and/or claims shall be paid by Torepedo to the Customer or any other third party.

42. To the extent that Torepedo are able to limit the remedies available under the Terms and applicable legislation, Torepedo expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the supply of the Services again; or the payment of the cost of having the Services supplied again.

43. To the extent permitted by law, Torepedo’s liability, to the Customer or any third party in any circumstance is limited to the greater of: a. The amount of fees the Customer pays to Torepedo in the 3 days prior to the action giving rise to the liability; and b. AUD$50.00.

44. Notwithstanding the above provisions, nothing in the Terms is intended to limit or exclude any liability on the part of Torepedo where and to the extent that applicable law prohibits such exclusion or limitation.

45. The Customer agrees to indemnify and continue to indemnify and hold Torepedo harmless from and against any claims, demands, proceedings, losses and damages of every kind and nature, known and unknown, including reasonable legal fees, made by any third party or Customer due to or arising out of: (i) the Customer’s breach of the Terms, or (ii) the Customer’s violation of any law or the rights of a third party or (iii) as a result of any third party having a dispute with any Customer.

46. Any notice shall be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to Torepedo, c/- Tisher Liner & Co, Lawyers, 317 La Trobe Street, Melbourne, VIC 3000, Facsimile: +61 3 9670 6359, DX 181 Melbourne (in the case of Torepedo) or to the email address the Customer provides to Torepedo during the use of the Website or the Services (in the Customer’s case).

47. Any claim arising out of or in connection with the Terms, the Website or the Services may at Torpedo’s sole discretion be settled by binding arbitration by a Barrister arbitrator appointed by the President of the Law Institute of Victoria or by mediation with a solicitor mediator appointed by the President of the Law Institute of Victoria. The User agrees to be bound by the ruling arbitrator. The costs of the dispute including all reasonable legal fees of the parties are to be borne by the originator of the claim.

48. The Terms shall be governed by the laws of the State of Victoria, Australia and all Customers irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

49. The provisions of the Terms are severable, and if any provision of the Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced.

50. Torpedo’s failure to act with respect to a breach by the Customer or others does not waive its right to act with respect to subsequent or similar breaches.

51. The Terms are the entire understanding and agreement between the Customer and Torepedo and those terms and conditions which are intended to remain after the termination or expiry of these Terms including but not limited to all indemnities owed to Torepedo by the Customer, shall survive any termination or expiration of these Terms.