1. "Goods" means
any documents or items of property, including containers and packaging, consigned by the Customer to be delivered from one
address to another.
2. "Customer"
means any individual, firm, corporate, or association, or any other entity who consigns Goods as aforesaid and also includes
the Customer's servants or agents.
3. Any business
undertaken, or service provided by the Carrier, is transacted subject to these Conditions. The Customer's own terms and conditions
of trading shall only be effective to the extent to which they are not inconsistent with these Conditions.
Any Customer
who objects to these Conditions must, prior to giving instructions, inform the Carrier of the objections in writing and any
such objection shall take effect only upon it being accepted in writing the Carrier.
5. In matters
of conflict between these Conditions and any promotional brochures or other material of the Carrier, these Conditions shall
prevail.
6. The Carrier
may decline to provide services for such Customers and/or in relation to such Goods as the Carrier in its absolute discretion
shall determine.
7. The Carrier
may subcontract all or any part of its business and every reference to the Carrier in these Conditions shall include every
employee, agent or subcontractor of the Carrier.
8. The Customer
confirms that it is either the owner or the authorised agent of the owner, and that it is authorised to accept these Conditions
not only for itself but also as agent for and on behalf of all other persons who are or may thereafter become interested in
the Goods.
9. The Customer
promises that the consignment will be sufficiently, securely and properly packed and labeled, and will be fit and safe to
be carried or stored, and will comply with all statutory or other regulations for carriage by road, and for mechanical handling
and sorting as may be in force or use from time to time.
10. The Customer confirms
that the Goods do not comprise or include weapons, ammunition, dangerous, hazardous or unlawful, noxious, chemicals or substances,
controlled drugs (within the meaning of the Misuse of Drugs Act 1971 or any Statutory amendment of or substitute for that
Act), industrial inflammable or explosive items of any kind, or any items which may not otherwise be collected, carried, or
otherwise possessed, delivered, into or from any country, region or place without a declaration, license or other permission
from any regulatory body.
11. The Customer
shall be liable for all loss or damage whatsoever and however caused by, to or in any connection with Goods described by this
clause and, without prejudice to the Carrier making claims on any basis for damages, the Customer will indemnify and hold
harmless the Carrier against all fines, penalties, actions, claims, damages, losses, costs and expenses, whatever and however
arising in any jurisdiction in connection with without prejudice to any of the Carrier's other rights contained in these Conditions,
The goods aforesaid may be destroyed, abandoned, released, surrendered or otherwise dealt with at the sole discretion of the
Carrier, or by any other person in whose custody they may be at the relevant time, without liability on the part of the Carrier
to the Customer.
12. Subject to express
written instructions given by the Customer, the Carrier reserves absolute discretion as to the means, route and process to
be followed in the handling, and transportation of Goods. Further, if, in the opinion of the Carrier, it is at any stage necessary
or desirable in the Customer's interests to depart from those instructions, the Carrier shall be at liberty to do so.
13. All quotations by
the Carrier for the use of its services are given on the basis of prompt instructions given by the Customer, and shall only
remain open for instruction by the Customer for a period of seven days, unless withdrawn, revoked or varied by the Carrier
prior to instructions. The instructions of the Customer shall constitute an offer by the Customer to the Carrier to enter
into contractual relations with it and such instructions, once accepted by the Carrier, shall give rise to a binding contract
between the parties governed by these Conditions and the Customer will pay the charges of the Carrier for the business required,
whether or not the Customer thereafter wishes to withdraw, revoke or vary those instructions, or otherwise makes it impossible
for the Carrier to perform its obligations unless, in any case, the Carrier otherwise agrees in writing.
14. (i) Invoices shall
be paid within 30 days of the invoice date. Where payment is not after 30 days from invoice date, interest and other charges
will become due at the rates contained within the Statutory Instruments issued under The Late Payment of Commercial Debts
(Interest) Act 1998 as amended from time to time.
(ii) Where any invoice is more than 45 days overdue, then all outstanding
invoices, whether or not due for payment, shall become payable.
15. The carrier will
not accept or deal with Animals or livestock, only under special arrangements previously agreed in writing, will the Carrier
deal with, cash, precious stones, bullion, jewellery, valuables, glass products or other fragile items, antiques, pictures
(excluding commercial artwork), or plants. The Customer undertakes not to deliver any such items to the Carrier, or cause
the Carrier to handle any such items other than after making special arrangements. Save only to the extent agreed, the Carrier
shall be under no liability whatsoever for, or in connection with, the Goods, or any loss or damage thereto, however arising.
Notwithstanding any special agreement, the Customer will ensure that such Goods may be lawfully collected, carried, delivered,
exported and imported into and from any country, region or place, without hindrance or undue delay, and will indemnify and
hold harmless the Carrier from all fines, penalties, actions, claims, damages, losses, costs and expenses, whatsoever and
howsoever arising in any jurisdiction that it may suffer or incur in consequence of any breach of any law or regulation permitted
or procured by the Customer through the acts or omissions of the Carrier in performing services in relation to the Goods.
16. The Customer shall
be responsible for arranging for the Goods to be carefully checked immediately upon receipt by the consignee or other recipient
of the Goods.
17. Any query regarding
the performance of the obligations of the Carrier in relation to these Conditions, including, without limitation, as regards
price, invoice payment, loss, non-delivery in whole or part, damage or mis-delivery of, to or from Goods (howsoever caused)
shall be made in writing and notified to the Carrier within 7 days of the date upon which the Customer became or should have
become aware of the event or occurrence alleged to give rise to such query and shall be supported where appropriate with a
quantified claim made in writing to the Carrier within 28 days of the date aforesaid and any rights of the Customer arising
in relation to any query not made, notified and where appropriate quantified as aforesaid shall be deemed to be waived and
absolutely barred, except where the Customer can show that it was impossible for it to comply within the time limits aforesaid
and that it has made the query as soon as it was reasonably possible for it to do so.
18. The Carrier shall
not be liable for any delayed or non-performance or any loss or damage where liability would otherwise arise caused by:
(i)
any act of God including adverse weather conditions, fuel shortages and power failures;
(ii) any war, invasion, act of
foreign enemy, hostilities (whether war is declared or not), civil war, rebellion, insurrection, act of terrorism, or military
usurpation of governmental power, confiscation, requisition, destruction of, or damage to property;
(iii) any riots, civil
commotion, strikes, lockouts, general or partial stoppage or restraint of labour from whatever causes;
(iv) any seizure
under legal process;
(v) any act or omission of the Customer or those for whom he contracts or of the servants or agents
of either;
(vi) any inherent liability to wastage in bulk or weight, latent defect or inherent vice or natural deterioration
of the Goods;
(vii) the inadequate or improper packing of the whole or part of the Goods, unless it is previously agreed
between the Customer and the Carrier that the Carrier shall undertake such packing;
(viii) the insufficient or incorrect
labeling or addressing of the Goods, unless it is previously arranged between the Customer and the Carrier that the Carrier
shall undertake such labeling;
(ix) the addressee of the Goods not accepting delivery within 28 days of service on the
Customer of the Carrier's notice of non-delivery;
(x) any marine risks;
(xi) the acts or omissions of any independent
contractor in any manner whatsoever where caused by any breach by the Customer of these Conditions and where so caused the
relief of the Carrier from liability aforesaid shall be without prejudice to any claims the Carrier may have against the Customer
therefore.
19. The Carrier may
effect physical delivery of the Goods at the address shown thereon by presenting the same to any person as may appear to the
Carrier to be authorised or competent to accept them on behalf of the addressee, or the Carrier may leave the Goods at any
place at the address aforesaid as may appear to it to be intended or suitable for this purpose and delivery in accordance
with the foregoing shall in favour of the Carrier as against the Customer constitute sufficient performance of the Carrier's
delivery obligation hereunder unless otherwise specifically instructed in writing by the Customer.
20. The Carrier may
(but shall not be obliged to) require acknowledgement of delivery of Goods to be given at point of delivery and any such receipt,
if given by a person appearing to the Carrier to be authorised or competent in that regard, shall in favour of the Carrier
against the Customer and the Addressee constitute good receipt and shall be conclusive evidence of the fact of proper delivery
of the Goods pursuant to these Conditions.
21. The Carrier may
retain the Goods in circumstances where it seems to it to be inappropriate or impossible to effect delivery of the Goods to
the addressee or to obtain acknowledgement of delivery satisfactory to it, and to endeavour on some other occasion or occasions,
as soon as it is practicable thereafter, to deliver the Goods and/or issue to the Customer notice of their non-delivery and
(without prejudice to the Carrier's right to claim payment of charges from time to time payable by the Customer were the delivery
to have been achieved) the Customer undertakes to reimburse the Carrier all expenses reasonably incurred by it and to pay
the Carrier its standard additional charges from time to time payable by its Customers generally in any circumstances aforesaid.
22. Where the Carrier
is unable to deliver Goods and the Goods are not claimed by the Customer within 28 days of notice of such non-delivery served
on the Customer, the Carrier may destroy or sell the undelivered Goods as if the Carrier as against the Customer and the purchaser
were the absolute owner and to pass unencumbered title to the purchaser.
23. The Carrier shall
have a general lien on any consignment of Goods for its charges for the carriage or storage of those or any other Goods supplied
by the Customer and for any other monies due from the Customer to the Carrier and in default of payment of any monies due
to the Carrier from the Customer on any account whatsoever the Carrier may without notice to the Customer appropriate any
Goods aforesaid and sell them as if the Carrier as against the Customer and the purchaser were the absolute owner and to pass
unencumbered title to the purchaser provided that the Carrier will apply the proceeds of sale towards monies due from the
Customer to it after appropriating to itself any reasonable expense of sale.
24. (i) Instructions
given to the Carrier by telephone otherwise than as to the identity of Customer, the identity of Goods, the address for collection,
the address for delivery and the class of service requested shall give rise to no obligation or duty of care upon the Carrier,
whether or not those additional telephone instructions are in whole or part performed or observed by the Carrier;
(ii)
Subject as aforesaid the Carrier shall only be liable for any non-compliance or mis-compliance with instructions given to
it if it is proved that the same was caused by the negligence or default of the Carrier;
(iii) In providing suggestions
or opinions or advice as to means of transportation, services available, physical or legal circumstances of carriage, or other
guidance howsoever described at any time to assist the Customer, to formulate instructions or otherwise, the Carrier shall
be deemed to so provide for information purposes only and without giving any representation, warranty or promise and without
having any duty of care to the Customer in respect thereof.
25. The Carrier will
use and apply all reasonable efforts and endeavours to effect delivery of Goods within a stipulated period of time as described
in its marketing literature in force from time to time where, in its opinion, it is able to do so, but, in expressing any
such opinion, the Carrier undertakes no duty of care towards the Customer.
26. The Carrier may
offer the Customer various guaranteed services set out in the rate schedule published by the Carrier and revised from time
to time. In the event of the Carrier failing to meet the level of service selected by the Customer, credit will be allowed
for the difference between the quoted charge for the guaranteed service and the quoted charge for the actual service provided.
Any credit due to the Customer will be given in the form of a credit note and be applied to the Customer's account.
27. The Carrier shall
in no circumstances whatsoever have any other or greater liability to the Customer whether in contract negligence or otherwise
and the Customer's remedy shall be confined to that specified in Clause 26 for failure to provide the level of service selected
by the Customer.
28. The Carrier shall
have no liability in any circumstances for any lawful or unlawful detention of Goods or for any consequential loss, damage
or deterioration arising therefrom, except where (a) the Customer shall have specified to the Carrier the nature of the Goods
and purpose of their transit and the Carrier shall have agreed in writing with the Customer a time schedule and specification
in respect of the transit of said Goods and (b) it shall be proved that such detention, delay, loss, damage or deterioration
was due to the negligence of the Carrier.
29. It shall be the
responsibility of the Customer to satisfy itself that any load it wishes to have carried by the Carrier shall be suitable
for conveyance in the vehicle or machine ordered by the Customer and provided by the Carrier. And if the Customer accepts
the vehicle or machine offered by the Carrier for the carriage of such load, the Carrier shall have no liability whatsoever
for any loss or damage to such load arising from the unsuitability of such vehicle or machine.
30. The Carrier shall
only be responsible for any loss or damage to Goods or any non-delivery if it is proved that the loss, damage, non-delivery
or mis-delivery occurred whilst the Goods were in the custody of the Carrier or under its control and that such loss, damage,
non-delivery or mis-delivery was due to the negligence of the Carrier.
31. The Carrier shall
not under any circumstances by liable to the Customer for indirect or consequential damage or loss of profit, or for loss
of a particular opportunity or market or goodwill suffered or incurred by the Customer, whether resulting from breach of contract
or the negligence of the Carrier or otherwise.
32. Where notwithstanding
these Conditions the Carrier is found to have liability to the Customer, the Carrier shall not be liable for any claims, costs,
damages, losses and expenses by whomsoever made or incurred in excess of the limitations of liability stated within these
Conditions, whether or not resulting from the negligence of the Carrier.
33. This condition shall
be applied only to deliveries carried out within the Territorial Limits.
(a) Subject to the conditions set out above the
liability of the Carrier in respect of any one consignment of Goods shall be limited to the maximum amount of £15,000
or the lower of:
(i) an amount calculated (by reference to the gross weight of the Goods and packaging as specified on
the consignment note and if no weight is specified the actual gross weight of the Goods and packaging) at a rate of £15 per
kilo up to a maximum of 1000 kilos per consignment subject to a minimum of £10 or:
(ii) the cost value of the
Goods to the Customer; or
(iii) in the case of damaged Goods the cost of repair of such Goods.
(b) In the event that
part only of a consignment of Goods is lost, damaged or mis-delivered, the liability of the Carrier shall be limited to the
lower of:
(i) that amount which bears the same proportion to the amount calculated in accordance with sub-clause 33(a)
above as the actual value of the lost, damaged or mis-delivered part of the Goods bears to the actual value of the whole of
the Goods; or
(ii) the cost of repair of any damaged part.
34. The Customer acknowledges
and agrees that provisions in these Conditions excluding or restricting liability of the Carrier or allowing the Carrier to
perform obligations differently or not at all are reasonable having regard to, among other things, the existence of other
suppliers of similar services available to it before entering contractual relations with the Carrier.
To Our Suppliers
1. The Carrier reserves the right to modify supply resource to meet the requirements
of its business which should bear no additional cost implications to the company.
2. The Carrier operates to 30 day credit terms with its suppliers unless otherwise agreed.
3. In the event that a supplier does not reach the Carriers standards with respect to quality
of service, all previous agreements acknowledged between the Carrier and the Supplier shall become null and void.
4. The Carrier will be bound by signed and agreed terms and conditions with the Supplier
which should be retained for future reference.
5. Any changes to the Suppliers terms should be notified to the Carrier 28 days prior to commencement.
These changes should not be enforced until acknowledgement by the Carrier.
6. The Carrier reserves the right to negate any contract with its supplier providing 30
days notice of its intention to do so unless otherwise stated in agreed Terms and Conditions.
7. All invoices for services provided should reach the Carrier within 30 days of completion.
8. In the event of damage to hire equipment. The Carrier requires that all works to vehicles and
property are agreed prior to commencing with repair. The Carrier will not be liable
for any repair expense that has not been agreed.
9. All hire equipment must be in sound working order. The Carrier reserves the right to
receive a replacement within 24 hours for equipment which does not conform to this
10. All damage issues should be reported to the Carrier within 2 working days of
return to supplier. The Carrier will not accept liability for any damage reported after that time.
All agreements between the Carrier and the Customer shall be governed and construed in accordance with English
Law and the parties hereby submit to the exclusive jurisdiction of the English courts