Please read carefully.
|
| |
| |
-
The Definitions
In these terms where the content so
permits the following expressions shall
have the following meanings:
-
word:
"Consignment" means any article or
articles of any sort which may be,
or be intended to be, received by
the Company from any one, consignor
at any one address for carriage and
delivery at any one time to any one
consignee at any one other address:
-
"The relevant collection point"
means the address at which any
Consignment is to be received by the
Company or person:
-
The relevant delivery point means
the address to which any Consignment
is to be delivered by the Company or
person:
-
"the excepted risks" mean:
-
Any War, invasion, act of
foreign enemy, hostilities
(whether war be declared or
not), civil war, rebellion,
revolution, insurrection or
military or usurped power, or
loot, sack, or pillage in
connection therewith, and/or
-
Ionising
radiations or contamination by
radioactivity from any nuclear
fuel on from any nuclear waste
from the combustion of nuclear
fuel, and/or
-
Radioactive, toxic, explosive or
other hazardous properties of
any explosive nuclear assembly
or nuclear component thereof,
and/or
-
Pressure waves caused by
aircraft and other aerial
devices travelling at sonic or
supersonic speeds, and/or
-
The absence, failure or
inadequacy of packing or
packaging:
-
'The Service Order" means the
Service Order and Schedule form
overleaf:
-
'This Agreement" means the Service
Order together with these terms.
-
Company's obligation
In consideration of the payments to be
made to the Company by the Customer the
Company shall (subject as hereinafter
mentioned) during the continuance of
this Agreement carry out the services
described in the Schedule.
-
Liability of the company Note:
Where the Customer deals with the
Company as a consumer the provisions set
out hereunder do not and will not affect
his rights under the Unfair Contract
Terms Act in 1977
WHEREAS:
-
The value of the property intended
to be carried and/or delivered under
this Agreement and also the amount
of any consequential loss which
might arise from damage or loss to
or of the said property are matters
which are better known to and/or
more readily ascertainable by the
Customer than the Company: indeed to
some extent they cannot be known to
the Company but are under the
control of the Customer:
-
The potential extent of the damage
(as defined in (f) below) that might
be caused or be alleged to be caused
to the Customer is disproportionate
to the sum that can reasonably be
charged by the Company under this
Agreement:
-
The Company is not able to obtain
liability cover giving unlimited
cover for its full potential
liability to its customers under
agreements such as this and in any
case even liability cover giving
limited cover for such liability is
more difficult and more expensive to
obtain than liability cover in
respect of any loss of or damage to
his own property or of loss arising
there from which liability cover the
Customer should be able to, and
should, obtain:
-
The Company is concerned to keep
down the costs of the services it
provides to its Customers under
agreements such as this:
-
In the circumstances the Company
intends to limit its liability for
any damage caused to the Customer
(as defined in (f) below) to amounts
which are not out of proportion to
its charges hereunder, namely the
amounts defined in (II) below:
-
In this Agreement "damage caused to
the Customer" means any damage
suffered by the Customer (including
for the avoidance of doubt any loss
of or damage to any Consignment and
loss of any other kind whether
direct or consequential), howsoever
arising caused by any negligence,
breach of duty or other wrongful act
or omission (which phrase, wherever
it appears in this Agreement,
includes any deliberately wrongful
act or omission and any breach,
howsoever fundamental, of any
express or implied term of this
Agreement) on the part of the
Company its servants or agents:
-
It is difficult to investigate
claims received weeks after the loss
or damage is alleged to have
occurred.
THE COMPANY AND THE
CUSTOMER AGREE TO THE FOLLOWING
LIMITATION OF LIABILITY
-
Provision as to liability of the
Company, its servants or agents So
far as concerns damage caused to the
Customer the Company shall be liable
to the Customer (and then only to
the limited extent set out below)
only if and in so far as such damage
is caused by the negligence, breach
of duty or other wrongful act or
omission of the Company itself or
its directors or servants acting
within the course of their
employment.
-
Provision as to limitation of the
amount of liability of the Company
If, whether pursuant to the
provisions set out herein or
otherwise, any liability to the
Customer shall arise on the part of
the Company, its servants or agents
(whether under the express or
implied terms of this Agreement,
howsoever fundamental, or in
negligence or in any other way,
however fundamental maybe the breach
of any duty) for any damage caused
to the Customer, such liability
shall in all cases whatsoever be
limited to the payment by the
Company on its own behalf and on
behalf of its servants and agents by
way of damages:
-
in the event of loss or damage
to the whole of a Consignment,
of a sum not exceeding whichever
is the greater of (i) an amount
calculated at the rate of £2,000
per tonne on the gross weight of
the Consignment and (ii) £100:
-
in the event of loss of or
damage to part of a Consignment,
of the proportion of the sum
ascertained in accordance with
sub-clause (a) above which the
actual value of that part of the
Consignment bears to the actual
value of the whole of the
Consignment:
-
in respect of any claim arising
other than as a result of loss
of or damage to a Consignment or
part thereof, of a sum not
exceeding £50 in respect of any
one Consignment. Provided that
the Company shall be entitled to
require proof of the value and
weight of the whole Consignment
and any part or parts thereof.
-
If the sender, combines packages
(assuming they are under service
restrictions) without putting
them in an outer box, and the
parcels come apart in transit,
then once the remaining
parcel(s) are signed for by the
recipient the customer accepts
they cannot make a claim for
loss (or partial loss)
-
Provision as to notification of
claims
The Company its servants or agents
shall not be liable to the Customer
in any circumstances or to any
extent whatever in respect of damage
caused to the Customer unless
written notice is received by the
Company at its Head Office (stated
overleaf) within 7 days, in the case
of damage to the whole or part of a
Consignment or loss of part of a
Consignment, you must report it
within 3 days from the date upon which the Consignment was collected or received by the Company.
or if the item is lost, you
must report it within 14 days
-
Special provision as to the excepted
risks and as to strikes etc.
-
The Company and its servants or
agents shall not in any
circumstances whatever be liable
for any damage caused to the
Customer arising directly or
indirectly from or in
consequence of any of the
excepted rinks, or for any
expenses whatsoever resulting or
arising there from.
-
If the Company shall at any time
be prevented from or delayed in
starting, carrying out or
completing any services
described in the Schedule by
reason or strikes, lockouts,
labour disputes, weather
conditions, traffic congestion,
mechanical breakdown or
obstruction of any public or
private road or highway or any
cause whatever beyond the
Company's control, the Customer
shall have no claim for damages
or otherwise against the Company
its servants or agents for any
consequential loss as a result
thereof PROVIDED that in the
case of mechanical breakdown of
one of the Company's vehicles
the Company shall use its best
endeavours to provide a
replacement vehicle with the
minimum practicable delay.
-
Special provision as to labelling
The Company its servants or agents
shall not in any circumstances
whatever be liable for any late
delivery or misdelivery or
non-delivery caused or contributed
to by any deficient or ambiguous
labelling of the Consignment.
-
Loading and Unloading
-
When collection or delivery takes
place at the Customer's premises the
Company shall not be under any
obligation to provide any plant,
power or labour which, apart from
the Company's servant, may be
required for loading or unloading at
such premises.
-
Any consignment (or part thereof
(requiring special appliances for
loading and/or unloading is accepted
for carriage only on condition that
such appliances are available at the
relevant collection and/or delivery
points. Where such special
appliances are not available as
aforesaid and if the Company agrees
to load or unload such Consignment
(or part thereof) the Company shall
be under no liability whatsoever to
the Customer for any damage however
caused, in the course or as a result
of loading or unloading such
Consignment without such special
appliances, whether or not by the
negligence of the Company or its
servants or agents, and the Customer
shall save harmless and keep the
Company indemnified against any
claim or demand arising out of such
loading or unloading.
-
Collections and Deliveries
-
Collections and deliveries which
take more than fifteen minutes may
be subject to a surcharge.
-
The Company will make one attempt to
deliver a Consignment during normal
working hours. Subject to (c) below,
if the Company cannot obtain a
receipt at the relevant delivery
point it may attempt to deliver and
obtain an appropriate receipt at an
address close to the relevant
delivery point and, if successful,
the Company will leave at the
relevant delivery point details of
the address at which delivery has
been effected. If the Consignment
has not been delivered, the Company
will return it to the Company's
premises, after leaving at the
relevant delivery point a request
for the consignee to contact the
Company to make alternative delivery
arrangements. If no such contact is
made within a reasonable time the
Company will retain the Consignment
to the consignor at the Customers
cost. Collections can be made at anytime between 9am to 8pm, there is no set time for delivery or collections. Christmas and new years can result to delayed deliveries. We do not work from the 23th of
December till 4th January of every year.
-
If, on attempting to deliver a
Consignment to a school on similar
institution, the Company finds that
such school on institution is closed
for holidays or other reason, the
Company may apply a storage charge
for retaining the Consignment at its
premises and shall be allowed a
reasonable time to deliver the
Consignment once the school on
institution re-opens. We only can pickup and deliver in the UK excluding, north of
Scotland, Scotland Highlands, Ireland,
Northern Ireland and other Isles. Mainland Only. If collection or deliveries takes place in these locations, it will take longer than next day. We are not responsible for the delivery times if it is taking part in these location stated.
-
We do not hold responsible for
delivery and collection times. we aim to deliver
next day with a success rate of 95%.
Sometimes, there may be delays
en-route. Collection & Delivery is not a guaranteed
unless you purchase the 9am
service (if available).
-
International Carriage
-
In the case of services where the
Company is required to collect goods
from or deliver goods to a country
outside the united Kingdom the
Company's liability (subject to (b)
below) is governed by the relevant
provisions of the Convention on the
Contract for the International
Carriage of Goods by Road as set out
in the Schedule to the Carriage of
Goods by Road Act 1965 (as such
Schedule may be amended from time to
time) ("the CMR Regulations") and in
particular Articles 17 and onwards,
which provisions will be
incorporated into this Agreement and
will apply in place of any
inconsistent terms above written. A
copy of such provisions will be
supplied if required.
-
In relation to that part of any
carriage performed by air and if the
transit by air involves an ultimate
destination or stop in a country
other than the country of departure,
the Warsaw Convention as amended may
be applicable and the Convention
governs, and in most cases limits,
the liability of the Company in
respect of loss of or damage to
consignments.
-
Sub-Contractors
No objection will be taken to the use by
the Company at its own expense of any
other carrier and in such circumstances
both the Company and such other carrier
shall be entitled to the protection of
all the terms hereof which exclude or
limit the liability of the Company.
-
Provision for Indemnity by the
Customer
The Customer shall for all purposes be
treated by the Company and its servants
or agents as sole beneficial owner of
any and every Consignment and it is
agreed that if any other person shall in
respect of any Consignment, or part
thereof, make any claim against the
Company its servants or agents arising
out of the subject-matter of this
Agreement whether arising out of any
negligence, breach of duty or other
wrongful act or omission by the Company
its servants or agents or otherwise, in
respect of any loss or damage (including
loss of any kind whether direct or
consequential) outside or beyond the
liability of the Company to the
Customer, as limited herein, then the
Customer shall indemnify the Company its
servants or agents against any such
claim (and all costs incurred therein)
in respect whereof the Company is by
this Agreement declared to be under no
liability to the Customer, or in so far
as any such claim shall cause the total
liability of the Company to the Customer
and all such claimants to exceed the
limited sums set out in Clause 3 above.
-
Provision extending protection to
servants or agents of the Company
The Customer agrees with the Company,
contracting as agent and/or trustee on
behalf of its servants and agents, that
in consideration of the said servants
and agents carrying out for the benefit
of the Customer the obligations under
their contracts of employment with or
otherwise to the Company, such servants
and agents shall be entitled to the
protection of all the terms and
conditions hereof in any claim by the
Customer against such servants or agents
(except in so far as relates to
deliberately wrongful acts or omissions
for which, as between the Customer and
the servants or agents, the servants or
agents shall be fully liable at law).
-
Payment
-
The Customer shall to the extent so
stipulated in the Schedule make
payments to the Company monthly in
advance the first of such payments
to be made not later than the date
of commencement. Other payments to
the Company shall be made within
seven days of the date of the
Company's invoice All charges are
stated exclusive of Value Added Tax.
-
During any week in which the
fulfilment of this Agreement would
require the Company to perform the
services prescribed herein on a bank
or other public holiday the Company
shall be entitled to make a
reasonable extra charge to reflect
any additional costs thereby
incurred by the Company.
-
Items not carried
The Customer undertakes that the Company
shall not be required or caused to carry
or convey anything if such carriage or
conveyance would be unlawful. The
Company will not, without its specific
agreement. carry livestock. liquids,
perishable goods. glass, gases,
cookery-ware, plates, any type of car parts, items made from
clay,
pyrotechnics, arms and ammunition or
corrosive, toxic. flammable. explosive, oxidising or radio-active materials. The
Company reserves the right to refuse any
parcels which are neither the property
of, nor sent on behalf of, the Customer.
-
Loss and Damage
a) Except as set out in this Condition
and in Conditions 4, 12, 13 and 14, we
will be liable for any physical loss of,
or physical damage to, goods while we
are transporting them as defined in
Condition 9, and storage other than
storage under Condition 9(c). This will
not apply if the loss or damage has
arisen from or consists of the
following:-
i) You or the person receiving the goods
not taking or accepting delivery within
a reasonable time;
ii) Insufficient or improper packing,
labelling or addressing contrary to our
packing, labelling and addressing
requirements set out at Condition 6.
This includes using an incorrect
postcode or not using one;
iii) Any special handling requirements
in respect of the goods which have not
been notified to us;
iv) Damage or breakage to any articles
(or part of them) that are made up of
china, glass, porcelain, earthenware or
other similar materials;
v) Goods that contain any form of
liquid;
vi) An act or failure to act by you or
the owner of the goods, or by the Agents
of either you or the owner of the goods;
vii) Natural loss of bulk or weight,
hidden or built-in fault, vice or
natural wear and tear, loss of value,
moths, vermin or the effect of any
process of cleaning, dyeing or restoring
any article;
viii) Seizure under legal process;
ix) Defect of any equipment supplied by
you or the receiver of the goods under
Condition 7(b) or any negligence of your
servants or agents;
x) Delay in providing us with safe and
adequate access and/or delivering
instructions;
xi) Any event or circumstance beyond our
control.
b) We will not be liable in any way for
a Consignment or other goods:-
(i) if you have committed fraud or the
owner of the goods or your or their
employees or agents have done so; or
(ii) the Consignment was not being
transported (as set out in Condition 9)
at the time of the loss.
c) Where we have loaned computer
equipment and/or licensed computer
software for you to use to aid the
process of recording and despatching
goods to us the following provisions
will apply. The printing by you of a
Consignment label will create a computer
record of the despatch of that
Consignment to us, but this computer
record will not be evidence that we have
begun transporting the goods (as defined
in Condition 9). We will not begin
transporting the goods and we will not
be liable in any way for a Consignment
or other goods until a second computer
record has been created by us when the
Consignment or Goods are loaded by us
onto one of our vehicles.
-
Customer undertakings
The Customer undertakes that:
-
The Consignment shall be accepted at
the relevant delivery point and an
appropriate receipt therefor shall
be given to the Company's
representative escorting such
Consignment, and such receipt shall
be conclusive evidence of delivery
save where such receipt is obtained
as a result of any fraud, collusion
or dishonesty on the part of the
Company's representative.
-
In the event of a strike of
employees of the Customer or of
employees at the relevant collection
or delivery points the Company's
servants or agents will not be asked
to perform any additional duties or
any duties of a strike-breaking
nature.
-
Miscellaneous provisions
-
unless specifically agreed to the
contrary, "working days" do not
include Saturdays, Sundays or Public
Holidays.
-
No reduction of charges will be made
if the Company receives less than
the number of parcels for which the
Customer has contracted.
-
Consignments travelling more than
250 miles may be subject to delay.
-
Nature of Agreement
This Agreement and the CMR
Regulations and Warsaw Convention (if
applicable)
-
Shall constitute the entire contract
between the Company and the Customer
and shall not incorporate or be
deemed to incorporate the provisions
of any other document.
-
Shall supersede the provisions of
any previous contract, warranty or
representation made or given
relating to the same services as are
described in the Schedule.
-
Variation, etc
No variation, extension or cancellation
of the expressed terms of this Agreement
(other than the Schedule) shall be
binding upon the Company unless and
until it is confirmed in writing under
the hand of a Director of the Company
and, for the avoidance of doubt, it is
declared that no person other than such
Director has authority to negotiate or
enter into any commitment on behalf of
the Company the effect of which would or
might (but for this present clause)
involve the Company in any legal
liability whatsoever.
-
Termination
This Agreement may be determined
by either party giving to the other one
months previous notice in writing to
that effect or forthwith if the other
party shall commit any breach of its
obligations hereunder or ( being an
individual ) shall commit an act of
bankruptcy or (being a Corporation)
shall go into liquidation other than for
the purposes of reconstruction or
amalgamation, or shall suffer the
appointment of an administrator or a
receiver of any of his or its property
or income or make any deed or
arrangement with or composition for the
benefit of any of his or its creditors
-
Applicable Law
This agreement shall be construed
in accordance with the real laws of
England and the Courts of England shall
have exclusive jurisdiction in relation
to any matters arising out of this
Agreement.
|
|
All of our next day delivery services are
found in our 'Services' section.
Click here
for more info. If you have any questions related to your booking,
use the contact
form |