We will provide you with an estimated date and time for delivery for all orders and while we make every effort to delivery by this time, all dates specified are estimates only. Unfortunately, we are unable to guarantee time of delivery.
It’s the responsibility of the customer to inform Sand’N Soil if an order does not arrive. Once we learn an order has not arrive by the due date, we will lodge enquires with the relevant logistics and transport departments to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not despatch a replacement item immediately.Replacement items will be dispatched according to our discretion. Without limiting the operation of any order terms and conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does entitle you to cancellation of any order.
Without limiting the operation of any other Terms and Conditions heren, we will or accept liability for any loss or damage arising from items lost, stolen or damage after delivery has taken place, or during the time of delivery.
Delivery Terms and Conditions
These terms and conditions will be made available to you at the time of delivery, and all customers are required to read, fully understand and sign the delivery terms and conditions before our driver will unload/tip your product.
Before your order can be tipped/delivered, you must read and agree to the delivery terms and conditions below. While the driver/contractor will exercise due care in delivering, Sand’N Soil 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.
Sand’N Soil 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 delivery bulk product and any other agreed upon materials- together hereinafter referred to as “materials”. The undersigned hereby acknowledges, covenants and agrees as follows:
The agreed upon delivery includes without limitation, the use of large vehicles and/or machinery, possibly weighing in excess 10000 pounds, which may be required to enter upon the real property of undersigned, as well as the dispensing of the materials and 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, tree, tree limbs or any other landscaping.
Plant diseases caused by the use of delivered materials
Damage to utility lines
Other damages cause by the weight, height or width of the delivery vehicle to landscaping, driveways, structures, fences, grass, pavers, or any other structure
Discoloration of driveways and/or walkways due to leaking fluids or other residues from delivery vehicle.
Discoloration of driveways and/or walkways where delivered materials are dispensed
Damage or inconvenience caused by delivery of materials to a spot or location other than indicated by the undersigned as per this agreement. Any product delivered curbside and left on the cross-over or footpath becomes the responsibility of the undersigned. Sand’N Soil will not be held accountable for any loss, damage, injuries, or municipal action that may arise from this delivery.
Any damage and subsequent costs arising from a Sand’N Soil vehicle become bogged on site 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 onsite.
The undersigned, and for the undersigned’s successors, assigns, heirs, executors and administrators, releases and holds harmless Sand’N Soil, its officers, agents and employees for any and all injuries, both to person and property, regardless of severity, arising out of or related in any way to the delivery of, or use of, any materials delivered per this agreement, including, without limitation, injuries which occur, in whole or in part, due to any act, negligent, reckless, intentional or otherwise, by or on behalf of Sand’N Soil, its officers, agents or employees;
The undersigned, and for the undersigned’s successors, assigns, heirs, executors and administrators, shall indemnify and hold harmless Sand’N Soil, 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 Sand’N Soil, 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
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.
This Assumption of the Risk, Release and Hold Harmless Agreement extends to my heirs, assigns, legal representatives, beneficiaries, and agents of any kind; as well as to Sand’N Soil, 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.