Delivery Policy, Terms & Conditions
Prior to placing your order, you must read and agree to these delivery terms and conditions.
It is your obligation to provide the correct delivery address details at time of ordering. If you provide the wrong address, we are not obliged to re-send the order to the correct address at our expense.
We will provide you with an estimated delivery time window for all orders and while we make every effort to deliver your product within the window, all times specified are estimates only. Unfortunately, we are unable to guarantee time of delivery.
It is the responsibility of the customer to inform Rock Hammer Earthmoving if an order does not arrive. Once we learn an order has not arrived by the expected time, we will make efforts to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Replacement product will be dispatched according to our discretion.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place, or during the time of delivery.
The Customer must be present at the delivery site and must sign the Rock Hammer Earthmoving delivery docket to acknowledge that the products and quantities described on the delivery docket have been delivered and comply with the Customer’s order.
It is the Customer’s responsibility to sign for delivered material. If at the time of delivery no one is in attendance, materials will be deposited and the Customer will remain responsible for the goods.
Where the Customer does not sign or is not available to sign the delivery docket, the signature of the driver on the delivery docket shall be prima facie evidence of delivery to the Customer of the products and quantities described on the delivery docket.
While our representative will exercise due care in delivering the material, Rock Hammer Earthmoving will not be held responsible for any property damage which may occur during the delivery operation or items that will prohibit material from being delivered.
Rock Hammer Earthmoving – Assumption of the Risk, Release and Hold Harmless Agreement
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including the promise to deliver bulk product and any other agreed up on materials (together hereinafter referred to as “materials”), the undersigned hereby acknowledges, covenants and agrees as follows:
No responsibility is taken by Rock Hammer Earthmoving for damage done to property above or below ground level after leaving public carriageway.
The agreed upon delivery includes, without limitation, the use of large vehicles and/or machinery, possibly weighing in excess of 5,000 kg, which may be required to enter upon the real property of the undersigned, as well as the dispensing of the materials on said property.
The delivery of the materials involves exposure to inherent risks and dangers, including, without limitation:
Damage to grass/lawn
Damage to walkways, structures and infrastructure
Damage to shrubs, plants, flowers, trees, tree limbs or any other landscaping
Plant diseases caused by the use of delivered materials
Damage to utility lines and services
Other damages caused by the weight, height or width of the delivery vehicle to landscaping, driveways, structures, fences, grass, pavers or any other structure
Discolouration of driveways/walkways due to leaking fluids or other residue from delivery vehicle
Discolouration of driveways/walkways where delivered materials are dispensed
Damage or inconvenience caused by delivery of materials to a spot or location other than that indicated by the undersigned as per this agreement.
4. Goods will be delivered to the roadside adjacent to the delivery site. If at the Customer’s request, the delivery vehicle leaves the road and enters the delivery site to unload, the Customer is responsible for providing suitable and safe access for the Rock Hammer Earthmoving delivery vehicle and Rock Hammer Earthmoving agents and contractors. In addition, the Customer agrees to indemnify Rock Hammer Earthmoving and its agents and contractors for all damage and injury to any person and to any public or private property which may result including any costs associated with enabling the delivery vehicle to leave the site, and the cost of any returned product as a result of the Customer failing to provide suitable and safe access to the delivery site.
5. Any product delivered curbside and left on the cross-over or footpath becomes the responsibility of the undersigned. Rock Hammer Earthmoving will not be held accountable for any loss, damages, injuries, or municipal action that may arise from this delivery.
6. Any damage and subsequent costs arising from a Rock Hammer Earthmoving vehicle becoming bogged onsite due to client/customer tipping directions are the responsibility of the customer. The customer accepts responsibility for all associated costs, including towing fees that may arise from our driver/contractor and vehicle becoming bogged on-site.
7. The undersigned, and for the undersigned’s successors, assigns, heirs, executors and administrators, shall indemnify and hold harmless Rock Hammer Earthmoving, its officers, agents, and employees, from any and all liability, actions, causes of action, claims, debts and demands of any kind and nature, including costs, expenses and attorney’s fees, incurred by Rock Hammer Earthmoving, its officers, agents or employees, as a result of, arising out of or related to, any act or omission, intentional, reckless, negligent or otherwise, by the undersigned, during the course of the delivery or use of any materials delivered per this agreement; and
8. The undersigned is 18 years of age or older, has read this document completely and understands its contents, and is legally competent to execute the same. Any person signing this agreement who is not 18 years of age or older must have this document signed by either the undersigned’s legal guardian or guardians.
9. This Assumption of the Risk, Release and Hold Harmless Agreement extends to my heirs, assigns, legal representatives, beneficiaries, and agent s of any kind; as well as to Rock Hammer Earthmoving, and past, present and future officers, employees and agents thereof. I acknowledge that I have had the opportunity to read this entire form and understand the terms and conditions of delivery.