Terms And Conditions

Terms of service

Welcome to the website for The Sweet Spot Club Courier, which is owned and operated by TSS CLUB HIRE PTY LTD. Your use of our website at www.tssclubhire.com/clubcourier (the “Site”) or any of the services offered on or through the Site, including, without limitation, our shipping services (the “Services”) is subject to these Terms and Conditions (the “Terms”).

HIRE AGREEMENT

This Shipping Agreement sets out the terms on which TSS Club Hire Pty Ltd (ACN 616 101 985) (Company) provides delivery services of golf baggage for purchase by the Customer whose details are set out below.

TERMS OF HIRE

  1. Definitions

In these Terms of Shipping (Terms):

a) Company Website means http://www.tssclubhire.com/tssclubcourier .

b) Customer means the company or individual so described in the Hire Details.

c) Delivery means the handing over of Equipment by the Company or its representative to the Customer or its representative and the Customer, or its representative, signing a receipt of delivery in the form provided by the Company or its representative.

d) Equipment means golf clubs and any other equipment provided by the Company to the Customer under this Hire Agreement, including any associated or attached accessories and parts available for Hire.

e) Fees means the fees payable for the Hire of the Equipment as described on the Company Website at the time of the Hire and further detailed in the Hire Details.

f) GST means GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 or any amending legislation.

g) Shipping means the delivery of baggage from the Company to the Customer.

h) Hire Details means the details completed by the Customer on the Company Website in relation to the Hire.

i) Hire Period means the actual period between the time of Delivery and the time of Return.

j) Online Booking Process has the meaning given in clause 2(c).

k) Return means the handing over of Equipment by the Customer or its representative to the Company or its representative.

2. Basis of Contract

a) The Terms applying to the Hire include the Hire Details and the Fees and other information provided on the Company Website and referred to in these Terms, but no other brochures, materials or representations published by the Company.

b)These Terms are accepted by the Customer when the Customer clicks to show their agreement to the Terms on the Company Website. The Terms form a binding contract with effect from that time.

c) The Company offers the Hire services to the Customer for the Fees shown on the Company Website. The Customer is invited to place an order based on the Fees and Hire Details, and pay the full Fees to complete the booking (Online Booking Process).

d) The Company’s acceptance of an order placed by the Customer is conditional on availability of the requested Equipment and feasibility of delivery for the requested Hire Period. If an order is accepted by the Company, the Company agrees to Hire the Equipment to the Customer for the Hire Period for use in accordance with these Terms.

e) As long as the Customer completes the Online Booking Process at least 72 hours prior to the requested Hire Period, the Company will endeavour to accept and process the booking at least 48 hours prior to the commencement of the Hire Period. The Company will endeavour to process requests received less than 72 hours prior to the requested Hire Period, but offers no assurance that it can do so.

f) Equipment hired will at all times remain the property of the Company.

g) If the Customer is a corporation, the signatory warrants that they have full authority to bind the Customer to these Terms, and personally guarantees the performance of this Hire Agreement by the Customer.

3. Hire charges

a) A minimum hire charge equivalent to two day’s Hire applies for any order. Prices displayed are in Australian Dollars (AUD)

b) The Customer must pay the Company the Fees for the Hire of the Equipment for the Hire Period. The Hire Period will be at minimum the period shown in the requested Hire Period as set out in the Hire Details.  Further Fees will apply at the same rates for any additional Hire Period outside the requested Hire Period (for example, for late Return of Equipment.  The Hire Period for each order will not exceed 4 weeks.

c) Charges for the delivery of the Equipment are as follows:

  • the Company will offer free delivery for all orders within the Melbourne Metropolitan areas; and
  • for all other areas, delivery charges will be as displayed on the Company Website

d) The Customer will have the option to take out insurance on the Equipment for $10 per set of golf clubs, unless another Fee is shown on the Company Website. The insurance will reduce the liability of the Customer for loss, damage or repairs to Equipment payable under clause 9(c) and clause 8(c). See excess charges table for damage/loss of clubs below.

e) Fees shown are exclusive of GST. If GST is payable in respect of the Hire, the Customer must pay the GST to the Company in addition to the Fees.

4. Invoicing, Payment and Bonds

a) Payment must be made in full by a payment method made available on the Company Website (such as credit card, Alipay or PayPal) in order to complete the Online Booking Process.

b) The Company may require payment by the Customer of a refundable security bond (which may be in the form of a provisional charge on a credit card) to secure the Return of the Equipment.

c) The Customer agrees that the Company may further debit the Customer’s credit card for subsequent charges for loss, damage or repairs in accordance with clause 9(c) or any additional Hire Period or other expenses and issue an invoice with receipt.

Excess Policy Charges
DamagedLost/Stolen
No Cover TSS CoverNo CoverTSS Cover
Driver$90$0$600$360
Fairway$80$0$400
$240
Rescue
$80$0$400$240
Iron$60$0
$150$80
Putter$70$0
$200$80
Umbrella$15$0
$30$0
Tour BagN/AN/A$250$50
Head Cover N/A
N/A
$20$0
Putter CoverN/AN/A
$20
$0

5. Variation and Cancellation

a) If through circumstances beyond the control of the Company, the Company is unable to provide Equipment as ordered, then the Company may without penalty:

  • Provide Equipment equivalent in quality to the Equipment ordered, in which event Fees remain payable in full;
  • Provide Equipment that is incomplete or of lower quality than the Equipment ordered, in which event the Company will reduce the Fees accordingly; or
  • cancel the order (even if it has already been accepted) by providing as much notice in writing as is practical in the circumstances, in which event no Fees are payable.

b) If the Customer cancels the booking once it has been confirmed by the Company;

  • an administration fee equal to 10% of the original order will be payable and
  • Customers will receive a refund in accordance with the following;
    • a full refund for cancellations more than 15 days prior to the commencement of the Hire Period;
    • a 70% refund for cancellations 14 to 7 days prior to the commencement of the Hire Period;
    • a 30% refund for cancellations 6 days to 48 hours prior to the commencement of the Hire Period; and
    • no refund for cancellations within 48 hours of the commencement of the Hire Period.

6. Modifications to the Hire Details, such as Equipment or Hire Period, requested by the Customer will be considered by the Company and where possible provided. Modification requests within 24 hours of the commencement of the Hire Period will usually not be accepted by the Company

7. Delivery and Return

a)Both parties commit that Delivery will be made by the Company or its representative to the Customer or its representative at the location, usually one day prior to the commencement of the Hire Period, unless another arrangement is agreed.

b) The Customer may nominate a representative, such as a golf club, hotel or serviced apartment or their staff, to accept Delivery.  If the Customer or their nominated representative is not available to accept Delivery, the Company may effect Delivery by handing the Equipment over to another person at the address for Delivery nominated by the Customer, whom the Company reasonably deems capable of accepting Delivery on behalf of the Customer.

c) The Company may effect Delivery and Return by its representative, such as a courier company, without notification to the Customer.

d) The Customer must:

  • provide a Delivery and Return address to the Company during the Online Booking Process; and
  • notify the Company of any changes to the Delivery address or time at least 72 hours before the time specified in the order.

e) Any failure of the Company to Deliver the Equipment within the specified time does not entitle the Customer to a reduction in Fees or to repudiate the Hire Agreement.

f) The Customer agrees to take full responsibility for the Equipment during the Hire Period. The Company does not warrant that the Equipment is covered by insurance, unless the Customer has elected to take out the insurance made available on the Company Website.

g) The Customer must make the Equipment available for Return to the Company at the end of the Hire Period in the same condition as it was at Delivery, subject to reasonable wear and tear, and in a complete and undamaged state, otherwise additional Fees will apply.

h) The Company’s records as to condition, description and quantity of the Equipment prior to Delivery and on Return will be final.

i) Return of the Equipment will take place on the day following the date on which the Hire Period ends.

8. Responsibility of Customer

a) The Customer bears all risk in the Equipment for the Hire Period, including the Customer’s ability or competence to use the Equipment.

b) Additionally, the Customer bears all risk in the Equipment during the periods prior to Delivery and after Return while the Equipment is under the control of any third party transport service provider engaged by the Company, such as a courier. The Company must use reasonable care to use capable and professional service providers.  Customer acknowledges that due to the specialised nature of the Equipment and the Hire, it is reasonable for the Customer to be liable for damage howsoever caused during such periods, but only to the extent the Company is unable to recover damage costs from the service provider.

c) The optional insurance policy described under clause 3(d) covers the periods described in clause 8(b), as well as the Hire Period.

d) During the Hire Period, the Customer is responsible for:

  • safekeeping and security of the Equipment;
  • using the Equipment in strict conformity with the Equipment’s instructions or specifications;
  • complying with all relevant laws applying to the use and operation of the Equipment;
  • protecting the Equipment against damage, fire, tempest, flood, theft, distress or seizure;
  • ensuring that the Equipment is not used in any manner likely to result in undue wear;
  • informing the Company as soon as practical of any damage or loss; and
  • in the event that the Equipment becomes unsafe, ensuring appropriate steps are taken to prevent injuries to persons and to prevent the Equipment sustaining further damage.

9. Equipment Defects

a) The Customer must inspect all Equipment on receipt and notify the Company of any shortages or damage immediately. Any shortages not notified at the time of Delivery will be charged for in full.

b) If the Equipment has a defect resulting from:

  • proper and ordinary use; or
  • the development of an inherent fault;

the Company will at its option repair or replace the Equipment, or reduce the Fees accordingly.

c) The Customer must not try to make any repairs to the Equipment without the prior approval of the Company.

10. Default and Termination

If the Customer breaches any of these Terms, the Company may, without prejudice to any other remedy available to it:

a) terminate the Hire Agreement;

b) require immediate payment of all Fees which would become payable by the customer to the Company at a later date on any account, without further notice;

c) recover from the Customer:

  • interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic);
  • any amount the Company holds as a provisional charge or security bond;
  • unpaid Fees;
  • all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Terms or to recover the Equipment;
  • the cost of repairing or replacing any lost, damaged or destroyed Equipment;
  • subsequent lost Hire charges as a result of the Equipment being lost, damaged or destroyed until the Equipment is repaired or replaced;
  • damages from the Customer for breach of the Hire Agreement; and

d) cease or suspend for such period as the Company thinks fit, supply of any further Equipment to the Customer.

On termination, the Customer must immediately make the Equipment available for Return. If the Customer does not, the Company is licensed and entitled to enter any land and or premises where the Equipment is suspected to be kept to repossess the Equipment. The Company will not be liable for any damage caused and the Customer must indemnify the Company from any liability to it or any third party in respect of any damage, demands, proceedings, costs and expenses however so arising.

11. Limitation of Liability

The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in Delivery or Return, or any fault or defect in the Equipment.

12. Miscellaneous

a) Communications – the Company may make available one or more electronic means of communication, including email, text, mobile device or website, for the purposes of this Hire Agreement, and if so the parties may deliver communications by those means. If not, and in any event as directed by the Company, communications must be in writing delivered by mail or in person.  

b) Governing law

These terms shall be governed by the laws of the state of Victoria in the Commonwealth of Australia.

c) Force Majeure

The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, wars or explosion).

d)Severability

If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

Cancellation Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

PO Box 167
Ivanhoe, Victoria 3079
Australia

info@tssclubhire.com

About Us

At The Sweet Spot Club Courier, it is our aim to make your golf trip simple. A simple service which takes the hassle out of transporting your clubs on airlines and risking damage to your clubs. Let us take care of your clubs, so you can focus on a great trip.

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