The Carrier is not a common carrier and accepts goods for carriage only upon that condition and the Conditions set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in any way unless expressly authorised in writing by the Carrier to do so and such alteration or variation is made in writing.
- Weight 30kg
- Length 3000mm
- Width 1500mm
- Height 1200mm
- Overall cube 2m3
- PARTIES AND SUB-CONTRACTING
- DANGEROUS AND PROHIBITED GOODS AND AWKWARD LOADS
- LOADING AND UNLOADING
- CONSIGNMENT NOTES AND CONSIGNMENT LABELLING
- UNDELIVERED OR UNCLAIMED GOODS
- CARRIER’S CHARGES
- LIABILITY FOR LOSS AND DAMAGE
- LIMITATION OF LIABILITY
- INDEMNITY TO THE CARRIER
- TIME LIMITS FOR CLAIMS
- UNREASONABLE DETENTION
- IMPOSSIBILITY OF PERFORMANCE
- LAW AND JURISDICTION
In these Conditions: – “Awkward Loads” means any Consignment containing an Item that exceeds one or more of the following parameters:
‘Book In Consignment’ means where the Carrier arranges a mutually acceptable delivery time with the Consignee either at the request of the Customer or where the Consignee is known to operate a restrictive delivery acceptance procedure.
‘Bulky Volumetric Item’ means items which are bulky but have no significant weight and need to be charged at their Volumetric Weight rather than actual weight.
‘Carrier’ means the person or company with whom the Customer contracts on a Contract which incorporates these Conditions.
‘Cubing’, means the process of charging Bulky Volumetric Items at their Volumetric Weight ‘Customer’, means the person or company who contracts for the services of the Carrier including any other carrier who gives a Consignment to the Carrier for carriage.
‘Contract’, means any contract of carriage between the Customer and the Carrier ‘Consignee’ means the person or company to whom the Carrier contracts to deliver the goods.
‘Consignment’, means goods in bulk or contained in one parcel, package or container as the case may be or any number of separate parcels, packages or containers sent at one time in one load by or for the Customer from one address to one address whether or not consigned under separate Consignment Notes.
‘Consignment Note’ means any document (whether In paper or electronic form) acknowledging receipt by the Carrier of the Consignment.
‘Dangerous Goods’ means substances which are classified as dangerous for transportation both nationally and internationally under the United Nations Dangerous Goods Code.
“International Consignment”, means a Consignment carried from the United Kingdom (including the Isle of Man), the Republic of Ireland, or the Channel Islands to a destination which is not in one of those countries.
‘Prohibited Goods’ means: -
1. Any consignment containing any substance to which the Carriage of Dangerous Goods by Road Regulations 1996 (CDG Road) or any statutory modification or re-enactment for the time being in force apply
2. Explosives including substances classified in Division 1.4 In Compatibility Group S as such terms are used in the Road Traffic (Carriage of Explosives) Regulations 1989 or any statutory modification or re-enactment for the time being in force
3. Radioactive material (except substances not required to be labelled under paragraphs 1 and 2 above)
4. Any other substances presenting a similar hazard to the above
5. Livestock and any other living creatures
6. Property the carriage of which is prohibited by any law, regulation or statute of any federal, state or local government of any country from, to or through which any shipment may be carried
7. Controlled drugs
8. For any consignment which is to be carried by air any substance which is forbidden to be carried on a cargo aircraft by the regulations of the International Air Transport Association (lATA)
9. For any consignment which is to be carried by sea any substance which is forbidden to be carried by the regulations of the International Maritime Dangerous Goods Code (IMDG) ‘Transit’ means transit of the Consignment as further defined in Condition 6 ‘Vehicle’ means the vehicle in which the Consignment is carried.
‘Volumetric Weight’ means the volume of an item (maximum external dimensions (length x width x height)) expressed as a kilogram weight calculated at a ratio of 6000 cm3 = 1 kg ‘Working Day’ means Monday to Friday excluding public holidays.
2.1 The Customer warrants that he is either the owner of the goods in any Consignment or is authorised by such owner to accept these Conditions on such owner’s behalf.
2.2 The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the purpose of fulfilling the Contract in whole or in part.
2.3 The Carrier contracts for itself and as agent of and trustee for its servants and agents and all other carriers referred to in Condition 2.2 above and such other carrier’s servants and agents and every reference in Conditions 3-17.
Inclusive hereof to “the Carrier’” shall be deemed to Include every other such Carrier, servant and agent with the intention that they shall have the benefit of the Contract and collectively and together with the Carrier be under no greater liability to the Customer or any other party than the Carrier.
2.4 Notwithstanding Condition 2.3 the carriage of goods in any Consignment by rail, sea, inland waterway or air is arranged by the Carrier as agent of the Customer and shall be subject to the Conditions of the rail, sea, inland waterway or air carrier contracted to carry the goods. The Carrier shall be under no liability whatsoever to whomsoever and howsoever arising in respect of such carriage.
3.1 Nothing in these Conditions shall oblige the Carrier to accept Dangerous Goods for carriage.
3.2 Dangerous Goods must be disclosed by the Customer before carriage and the Carrier may require the Customer to complete and/or sign a form of declaration before accepting the goods.
3.3 If the Carrier agrees to accept Dangerous Goods for carriage they must be classified, packed and labelled in accordance with any statutory regulations applicable to the carriage of the substance declared by the mode of transport concerned.
3.4 The Carrier will not carry Prohibited Goods unless by prior arrangement agreed in writing.
3.5 The Carrier will not carry Awkward Loads unless by prior arrangement agreed In writing.
4.1 Unless the Carrier has agreed In writing to the contrary with the Customer: -
4.1.1 The Carrier shall not be under any obligation to provide any plant, power or labour as may be required for loading or unloading the Consignment other than that ordinarily expected to be carried by the Vehicle.
4.1.2 The Customer warrants that any special appliances required for loading or unloading the Consignment that are not ordinarily expected to be carried by the Vehicle will be provided by the Customer or on the Customer’s behalf.
4.1.3 The Carrier shall be under no liability whatever to the Customer for any damage whatsoever or howsoever caused if the Carrier is instructed by the Customer to load or unload goods requiring special appliances which are in breach of the warranty in Condition 4.1.2 above have not been provided by the Customer or on the Customer’s behalf.
4.2 The Customer shall indemnity the Carrier against all claims and demands whatsoever which are made in connection with any instructions referred to in Condition4.1.3 above.
5.1 The Customer shall ensure that any Consignment Note provided by the Carrier is completed and signed by a person authorised to complete and sign It on behalf of the Customer.
5.2 The Carrier shall If so required by the Customer sign a document prepared by the Customer acknowledging receipt of the Consignment but no such document shall be evidence of the condition or of the correctness of the declared nature, quantity or weight of the Consignment at the time it is received by the Carrier.
5.3 The Customer shall ensure that every Consignment (and where a Consignment consists of more than one parcel, package or container every such item) is addressed and labelled in accordance with the Carrier’s requirements as notified in writing to the Customer from time to time.
6.1 Transit shall commence when the Carrier takes possession of the Consignment whether at the point of collection or at the Carrier’s premises.
6.2 Transit shall (unless previously determined) end when the Consignment is delivered provided that: -
6.2.1 If no safe and adequate access or no adequate unloading facilities exist at the Consignee’s address or if there is no one available to whom the Consignment may be tendered then Transit shall be deemed to end at the expiry of one clear day after notice either by writing, telephone or electronically of the tender of the Consignment at the Consignee’s premises has been provided to the Consignee.
6.2.2 When for any other reason whatsoever a Consignment cannot be delivered or when a Consignment is held by the Carrier “to await order” or “to be kept till called for” or upon any like Instructions and such instructions are not given or the Consignment is not called for and removed within five Working Days from receipt by the Carrier then Transit shall be deemed to end upon expiry of that period.
7.1 Where the Carrier is unable for any reason to deliver a Consignment to the Consignee, or as the Consignee may order or where by virtue of Condition 6.2 hereof Transit is deemed to be at an end the Carrier in addition to its other rights may either: -
7.1.1 Sell the goods and upon payment or tender to the Customer or any person who shall satisfy the Carrier that he was the lawful owner of the goods of the proceeds after deduction of all proper charges and expenses in relation thereto and of all outstanding charges in relation to the carriage and storage of the goods (without prejudice to any claim or right which the Customer may have against the Carrier otherwise arising under these Conditions) the Carrier shall be discharged from all liability in respect of such goods, their carriage and storage Provided that: -
(a) The Carrier shall do what is reasonable to obtain the value of the Consignment
(b) The power of sale shall not be exercised unless the Carrier shall have done what is reasonable in the circumstances to give notice to any person with an apparent interest in the goods that the goods will be sold unless within the time specified In such notice (being a reasonable time in the circumstances) the goods are taken away or instructions are given for their disposal and all charges and expenses in respect of the Consignment have been paid.
(or) 7.1.2 Return the Consignment to the Customer upon the Customer paying a charge to the Carrier for the return of the Consignment at the same rate as charged for the original delivery attempt unless a different rate has been agreed between the Customer and the Carrier in advance.
8.1 The Customer shall pay all invoices, charges, expenses or sums of whatever nature submitted by the Carrier in cash or as otherwise agreed immediately when due without reduction or deferment on account of any claim, counterclaim or set-off.
8.2 Any query relating to the Carrier’s charges must be notified to the Carrier In writing within 14 days of the invoice date, failing which the invoice shall be deemed to be properly rendered In the stated sum.
8.3 Failure to make payment on anyone invoice by the due date will render the Customer’s entire account Immediately due for payment.
8.4 Where goods are carried for charges based on weight and no weight is stated on the Consignment Note or other delivery document the Customer shall pay charges based on the Carrier’s reasonable estimate of the weight of the Consignment.
8.5 Where goods are carried for charges based on weight the Carrier shall be entitled to charge on the actual weight of the Consignment if greater than the weight declared by the Customer on the Consignment Note or other delivery document.
8.6 Where goods are carried for charges based on either weight or the number of Items the Carrier shall be entitled to charge Bulky Volumetric Items at their Volumetric Weight.
8.7 In respect of Book In Consignments the Carrier is entitled to apply a surcharge at a rate to be agreed In advance with the Customer.
8.8 The Carrier shall endeavour to provide proof of delivery upon request from the Customer provided that the Carrier receives such a request in writing within 30 days from the date of despatch by the Customer. If the Customer requests the Carrier to supply proof of delivery after 30 days from the date of despatch the Carrier shall at its sole discretion be entitled to charge the sum of £5 per proof of delivery. Proof of delivery in respect of any Consignment will be retained by the Carrier for a maximum of 6 months after despatch.
8.9 The provision of proof of delivery shall not constitute a condition of payment.
8.10 Where the Customer has paid a surcharge for Saturday delivery or for overnight timed delivery and the Carrier fails to deliver on Saturday or by the specified time, as the case may be, the customer shall be entitled to claim a refund equal to the difference between the charge for that service and the standard charge for the service achieved. The refund shall not apply: 8.10.1 where failure to deliver within the specified time period is caused by factors beyond the control of the Carrier including, but not limited to, adverse weather conditions, major road traffic incidents, industrial disputes, absence of consignee, Force Majeure, civil or military disorders or lack of documentation, lack of or incorrect postcode.
8.10.2 In respect of before 9.00am, where service delivery is completed within 15 minutes of the contracted time, 8.10.3 for the avoidance of doubt in respect of before 9.00am services, the Consignee must be available to accept delivery from 7.30am and in respect of before 10.00am services and before Noon services the Consignee must be available to accept delivery from 9.00am.
If the Consignee is not available to accept delivery within such periods thus preventing delivery the Carrier’s full charges, Inclusive of any relevant surcharge, shall apply.
8.11 Charges shall be payable on or before the expiry of any time limit agreed with the Customer and the Carrier shall be entitled to interest on all amounts overdue to the Carrier calculated on a daily basis at 4 per cent above the Base Rate of the Royal Bank of Scotland current from time to time or at a rate of 15% per annum, whichever shall be the greater.
9.1 The Carrier shall not be liable for: -
9.1.1 Damage to glassware or perishables, or loss of or damage to antiques, works of art, precious metals and stones, jewellery, watches, bullion, cashiers’ cheques, currency, money orders, securities (including drafts, stocks and bonds and negotiable instruments in bearer form), travellers’ cheques, stamps, prepay telephone cards and vouchers, electricity tokens and vouchers and similar vouchers, furs, liquor, wines and spirits, tobacco, cigars and cigarettes, SIM cards and personal effects. In the case of International Consignments, in addition to the aforesaid items drugs, pharmaceuticals, firearms, foodstuffs, human remains, lewd, obscene / pornographic materials and plants.
In the case of all Consignments such other items as may from time to time be notified in writing by the Carrier to the Customer unless: -
(a) The Carrier has specifically agreed in writing otherwise than by the signature or receipt of a Consignment Note to carry any such items.
(b) The Customer has agreed in wilting to reimburse the Carrier in respect of all additional costs (including increased financial compensation) which result from the carrying of the said terms.
(c) The loss or damage is occasioned during Transit and results from one or more negligent acts or omissions by the Carrier;
9.1.2 Loss or damage to Prohibited Goods or Awkward Loads.
9.2. Subject to these Conditions and with particular reference to Condition 11 the Carrier shall be liable for loss (but not damage even if such damage amounts to a total constructive loss) of perishables or glassware and any loss of or damage to any goods other than those referred to in Condition 9.1.1 and 9.1.2 above occasioned during Transit.
9.3 The Carrier shall not be liable for any loss or damage which has arisen from and the Carrier has used reasonable care to minimise the effects of: -
(a) An Act of God
(b) Any consequences of war, invasion, act of foreign enemy hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power or confiscation, acts of terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority
(c) Seizure or forfeiture under legal process
(d) Error, act, omission, misstatement or misrepresentation by the Customer or other owner of the goods or by servants or agents of either of them
(e) Inherent liability to wastage in bulk weight, latent defect or inherent defect vice or natural deterioration of the goods
(f) Insufficient or improper packaging
(g) The goods being of a fragile nature such that they cannot withstand the ordinary exigencies of carriage by a parcel carrier
(h) Insufficient or improper labelling or addressing
(i) Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause
(j) The Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered
(k) The act. default or omission of any HM Customs & Excise officials or other Government officials
(I) Electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recordings in any form
(m) Force Majeure. 9.4 The Carrier shall not in any circumstances be liable for loss of or damage to goods after Transit of such goods is deemed to have ended within the meaning of Condition 6.2 hereof whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier.
9.5 The Carrier shall not be liable in any way for any loss of or damage to goods arising from mis-delivery if the Customer shall have failed to state the Consignee’s correct postcode at or before the commencement of Transit.
10.1 The Carrier shall not in any circumstances be liable in respect of a Consignment where there has been fraud on the part of the Customer or the owner of the goods or the servants or agents of either in respect of that Consignment unless the fraud has been contributed by the complicity of the Carrier or of any servant of the Carrier acting in the course of his employment.
11.1 Except as otherwise provided In these Conditions the liability of the Carrier in respect of claims for loss, misdelivery of or damage to goods comprising the Consignment howsoever sustained shall In all circumstances be limited to the lesser of: – 11.1.1 the value of the Consignment or part Consignment actually lost. Mis-delivered or damaged which in respect of new goods shall be the cost to the owner and in respect of all other goods the reasonable second-hand value of the Consignment (taking into account fair wear and tear and reasonable depreciation applicable to the consignment but, in any event, not less than 25% annual depreciation);
or 11.1.2 the cost of repairing any damage or of reconditioning the goods,
or 11.1.3 £12 per kilo calculated on the actual gross weight (but for the avoidance of doubt not the Volumetric Weight even If the Consignment has been charged at this rate under Cubing) of the Consignment (or where part of the Consignment only is lost.
Mis-delivered or damaged calculated on the gross weight of that part) or such other amount as shall have previously been agreed by the Carrier in writing in accordance with Condition 11.1.10.
Provided that- 11.1.4 the Carriers Charges are not overdue in accordance with Condition 8.1. 11.1.5 notwithstanding Conditions 11.1.1 to 11.1.3 above in the case of an International Consignment the liability of the Carrier shall not exceed US$100. 11.1.6 the Carrier has no liability where the sum calculated under 11.1.1 to 11.1.3 is less than the sum of £20.
11.1.7 the Carrier shall be entitled to require proof of the cost of the whole of the Consignment and of any part thereof lost or damaged.
11.1.8 notwithstanding Conditions 8.3 and 8.4 the Carrier shall be entitled to require proof of the gross weight of the whole of the Consignment or of any part thereof lost or damaged.
11.1.9 The Carrier shall be entitled to require proof in respect of any claim that the goods were undamaged when Transit commenced.
11.1.10 The Customer shall be required to agree with the Carrier the increased carriage charges (including insurance) appropriate to any given Consignment where the Customer wishes the limit of liability set-out in Condition 11.1.3 to be increased above £12 per kilo.
11.1.11 It is a condition of settlement of a claim for damage to a Consignment where the limit of liability is increased above £12 per kilo In accordance with Conditions 11.1.3 and 11.1.10 or the claim is settled on the basis of the cost of a Consignment or the Carrier has specifically agreed to carry an item In accordance with Condition 9.1.1(a) that property in the damaged item shall be vested with the Carrier who shall be entitled to destroy or dispose of the item for its own benefit; 11.1.12 the Customer is not itself In the business of carrying or arranging to carry goods for reward.
11.2 Notwithstanding Condition 11.1 the Carrier shall have no liability whatsoever and howsoever arising (and for the avoidance of doubt including but not limited to breach of contract, negligence, gross negligence or willful acts or omissions) in respect of indirect or consequential loss or damage, loss of market, loss of use, loss of profit or in respect of HM Customs and Excise duties or other taxes of whatever kind raised against any Consignment or part thereof.
11.3 The Carrier shall have no liability whatsoever, howsoever arising, in respect of a failure to collect or deliver a cheque or any other money order or the loss of any cheque or other money order or failure to comply with any instructions in relation thereto notwithstanding an agreement on the part of the Carrier to provide such service for a charge.
12.1 The Customer shall indemnity the Carrier against-12.1.1 all consequences suffered by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the Vehicle and to other goods carried). By reason of any error, omission, misstatement or misrepresentation by the Customer or other owner of the goods or by any servant or agent or either of them, insufficient or improper packaging, labelling or addressing of the goods or fraud as in Condition 10; 12.1.2 all claims and demands whatever by whomsoever made in excess of the liability of the Carrier under these Conditions;
12.1.3all losses suffered by and claims made against the Carrier resulting from loss of or damage to property caused by or arising out of the carriage by the Carrier of Dangerous Goods whether or not declared by the Customer as such, Prohibited Goods or Awkward Loads.
12.1.4 All claims made upon the Carrier by HM Customs & Excise in respect of dutiable goods consigned in bond or any other like taxes whether or not Transit has ended or has been suspended and regardless of whether the Carrier may have been at fault in any way causing the circumstances leading to such demand being made.
13.1 The Carrier shall not be liable for: -
13.1.1 Damage to a Consignment or any part of a Consignment in respect of which the packaging or Consignment is noted as damaged upon a Consignment Note or other delivery document or loss from a Consignment or any part of a Consignment in respect of which the loss is noted upon a Consignment Note or other delivery document unless a claim is made in writing within 21 calendar days after the Transit has ended.
13.1.2 Damage to a Consignment or any part of a Consignment of which the packaging or Consignment is not noted as damaged upon a Consignment Note or other delivery document, unless the Carrier be advised thereof by the Customer or the consignee in writing or by telephone by 5pm on the next Working Day after delivery and a claim is made in writing within 7 Working Days after the of Transit has ended.
13.1.3 Loss or non-delivery from a Consignment or any part of a Consignment where the Consignment Note or other delivery document is not appropriately noted unless the Carrier be advised of the loss or non-delivery by the Customer or the consignee in writing or by telephone by 5pm on the next Working Day after delivery and a claim is made in writing within 7 Working Days after the Transit has ended.
13.1.4 Loss or non-delivery of the whole of a Consignment or of any separate parcel, package or container forming part of a Consignment where the Consignment Note or other delivery document is not appropriately noted unless the Carrier be advised of the loss or non-delivery by the Customer or the consignee in writing within 28 calendar days and a claim is made in writing within 42 calendar days after the commencement of Transit.
13.1.5 For the avoidance of doubt, under no circumstances shall the “clausing” or other notation of a Consignment Note constitute a claim in writing, for the purposes of Conditions 13.1.1 to 13.1.4.
13.2 The Carrier shall not have the benefit of the exclusion of liability afforded by Condition 13 if the Customer proves that – 13.2.1 it was not reasonably possible for the Customer to advise the Carrier or make a claim in writing within the time limit applicable; and 13.2.2 such advice or claim was given or made as soon as reasonably possible.
13.3 Where a Customer has made a claim in writing in respect of loss or damage to a Consignment and the Carrier has requested documentation and/or information in support of such claim such Information must be provided to the Carrier within 180 calendar days failing which any claim will be deemed withdrawn.
13.4 The Carrier shall In any event be discharged from all liability whatsoever and howsoever arising in respect of the Consignment unless suit is brought within nine months from the date when Transit commenced.
14.1 The Carrier shall have a general lien on all Consignments and documents relating to Consignments in its possession, custody or control for any monies whatsoever due from the Customer or owner of the Consignment and such general lien shall extend to all freight charges.
Custom’s duties, charges, advances or any other charges of any kind arising out of Transit hereunder and shall be entitled to sell or dispose of such goods or documents as Agent for and at the expense of the Customer and apply the proceeds in or towards the payment of such sums on 14 days notice to the Customer or any lesser period as may be reasonable in the circumstances.
Upon accounting to the Customer for any balance remaining after payment of any sums due to the Carrier and any costs of retention, insurance and sale or disposal, the Carrier shall be discharged of any liability whatsoever in respect of the Consignments or documents.
15.1 The Customer shall be liable for the cost of unreasonable detention of any vehicle, trailer, container or sheet but the rights of the Carrier against any other person in respect thereof shall remain unaffected.
16.1 The Carrier shall be relieved of its obligation to perform the Contract to the extent that the performance is prevented by failure of the Customer, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of the Carrier.
17.1 You understand and agree that the owners of this site shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, data or other intangible losses (even if the owners of this site have been advised of the possibility of such damages), resulting from the use or the inability to use the product(s) and or service(s) or any misuse of the product(s) and or service(s) in a manner not in accordance with their intended use.
18.1 The Contract and these Conditions shall be governed by English law (save where both parties are domiciled in Scotland or Northern Ireland where local law shall apply) and the Courts of the Country where the Carrier has Its principal place of business shall have sole jurisdiction in respect of any dispute between the Carrier and the Customer and/or owner of or persons interested in any Consignment.
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