Terms & Conditions
The definitions and rules of interpretation in this clause apply in this agreement (Conditions).
Account Holder: a person or individual registered as an account holder with the Courier Booking: means a booking for the carriage of a Consignment placed by the Customer by telephone, facsimile or on-line via www.speedycourierservices.co.uk
Speedy Courier Services Limited, company number 8389888, registered address: Suite 2, Inglestan, Brewery Lane, Leigh, WN7 2RJ
the person, firm or company to whom the Courier delivers the Consignment.
items or property, whether or not contained in separate parcels, packages, containers or envelopes, including any paper, documents and cash to be delivered by the Carrier for the Customer to the Consignee.
the person, firm or company who purchases Services from the Courier.
Customer’s Equipment: any equipment, systems, cabling or facilities provided by the Customer and used directly or indirectly in the supply of the Services.
Goods: means dangerous goods as defined in the Carriage of Dangerous Goods Road Regulations 1996 (as amended, re-enacted or extended from time to time), and any substance likely to cause or encourage disease, vermin, pests or other hazard
includes, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form.
Address: the address for delivery of the Consignment notified to the Courier at the time of booking.
the actual legal owner of the Consignment or any party which has an interest or who may gain an interest in the Consignment
the services to be provided by the Courier under this agreement together with any other services which the Courier provides or agrees to provide to the Customer.
value added tax chargeable under English law for the time being and any similar additional tax.
schedule and paragraph headings shall not affect the interpretation of these conditions.
1.3 A person
includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.
1.4 The schedules
form part of this agreement and shall have effect as if set out in full in the body of these Conditions and any reference to this agreement includes the schedules.
1.5 Words in the
singular shall include the plural and vice versa.
1.6 A reference to a
statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.7 A reference to
writing or written includes email.
1.8 Where the words
include(s), including or in particular are used in these terms and conditions, they are deemed to have the words without limitation following them and where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
1.9 Any obligation
in this agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
2.0 Receiving Item
When you receive your goods you must check them for damage before you sign for them. Once signed, it is done so as received in good condition. We are unable to process any claims if the goods have been signed for or signed as unchecked. If goods are damaged an insurance claim can only be processed if the delivery was signed for as such. If no signature is obtained (as agreed with customer) we are unable to accept any claims for loss or damage.
It is the customers full responsibility to ensure that all goods are suitably packaged for transport. If a claim arises where it is found to be due to inadequate packing the courier will accept no responsibility or process any claim.
Always check items before signing for delivery. Signing as unchecked does not cover the delivery against damage or loss
1.10 References to
conditions and schedules are to the conditions and schedules of this agreement.
2.1 These Conditions
(a) apply to and be incorporated into the Contract;
(b) prevail over any inconsistent terms or conditions contained, or referred to, in the Customer’s purchase order, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice or course of dealing.
2.2 The Customer’s
purchase order, or the Customer’s acceptance of a quotation for Services by the Courier, constitutes an offer by the Customer to purchase the Services specified in it on these Conditions. No offer placed by the Customer shall be accepted by the Courier other than:
(a) by a written or verbal acknowledgement issued and executed by the Courier; or
(b) (if earlier) by the Courier
starting to provide the Services, when a contract for the supply and purchase of those Services on these Conditions will be established. The Customer’s standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other Document shall not govern this Agreement.
2.3 Quotations are
given by the Courier on the basis that no agreement shall come into existence except in accordance with condition 2.2. Any quotation is valid for a period of 7 days from its date, provided that the Courier has not previously withdrawn it.
3.1 The Services
supplied under this agreement shall be provided by the Courier to the Customer from the date of acceptance by the Courier of the Customer’s offer in accordance with condition 2.2.
3.2 The Services
supplied under this agreement shall continue to be supplied until the Consignment is delivered to the Delivery Address or the agreement is terminated in the manner set out at clauses 5.2, 5.3, 11, 14.6(b), 18 and 20.
4.1 Each Booking by
the Customer to the Courier shall be submitted by the Customer to the Courier by telephone, email, facsimile or via the Couriers website.
4.2 The Courier
shall provide a quotation for the delivery of the Consignment, such a quotation shall be valid for a period of 7 days or such other period as the Courier may specify.
4.3 The Courier
reserves the right to refuse to accept any Bookings.
4.4 All Dangerous
Goods must be disclosed by the Customer in advance and unless otherwise agreed the Courier will not accept or carry Dangerous Goods as part of a Consignment. Where the Courier accepts Consignments of Dangerous Goods they must be classified, securely packed and labelled in accordance with any relevant statutory regulation in relation to the carriage of the particular Dangerous Goods. Any further information or documentation required by legislation or regulations or requested by the Courier must be supplied, the Courier reserves the right to refuse to accept a Consignment where such documentation is not provided by the Customer.
4.5 Clause 4.4 does
not include Excluded Goods under clause 12. The Courier will not accept Consignments containing Excluded Goods either in whole or in part. The presence of Excluded Goods should be made known to the Courier at the time of booking. In the event the Customer fails to inform the Courier of the presence of any Excluded Goods the Consignment will be delivered at the Customers risk and the Customer shall indemnify the Customer against all losses, expenses, claims and liabilities suffered by the Courier in relation to the delivery of the Consignment.
4.6 The Courier
reserves the right to open and inspect any Consignment.
4.7 The Courier
accepts no liability for loss suffered in relation to Consignments containing cash or cash equivalents, including but not limited to travellers cheques, bank cards, credit cards or mobile phones where the Customer has not obtained the Couriers agreement to carry such items in writing. In relation to Consignments containing these items, the Customer must notify the Courier at the time of the booking and provide details of the items and their value. The Courier reserves the right to charge an additional sum for the carriage of such Consignments, as set out at Schedule 2.
5.1 Transit of the
Consignment will be deemed to commence when the Courier takes possession of the Consignment, whether this be at the Courier’s premises or another point of collection.
5.2 Transit shall
(unless agreed otherwise) be deemed to end when the Consignment is delivered to the Consignee’s address which was provided by the Customer at the time of the booking, subject to clause 3.
5.3 In the event a
Consignment cannot be delivered or is held by the Courier pending further instructions from the Customer and the Consignment is not collected within 24 hours of notice being given to the Customer the transit shall be deemed to be at an end.
5.4 The Courier
shall be entitled to charge in full for delivery in the event it is not possible due to inadequate or incorrect or misleading information provided to the Courier by the Customer. The Courier shall also be entitled to any additional expenses incurred in attempting the Delivery.
6.1 The Customer
will ensure that the Consignment is properly and safely packed and secure and safe to be carried, stored and transported.
6.2 The Courier will
use all reasonable efforts to ensure Consignments are delivered in accordance with the time notified to the Customer, however, it is agreed that such times are estimates only and time shall not be of the essence for the purpose of this agreement.
Consignments are to be collected from a Customers address the Customer will provide appropriate equipment and labour for loading the Consignment
6.4 If a Consignment
requires additional equipment and labour other than the driver for unloading at a Delivery Address the Customer warrants that such equipment or labour as required will be provided.
6.5 Any assistance
the Courier may provide to load or unload a Consignment is provided at the Courier’s discretion and the Courier shall not be liable for any damage that may be caused. The Customer will indemnify the Courier against any costs, expenses, injuries, losses, liability, damages, claims, proceedings or legal costs which the Courier may suffer as a result of the of the provision of assistance.
7.1 The Courier
shall collect the Consignment identified from the collection address notified to the Courier at the time of booking.
7.2 The Courier
shall collect the Consignment within the collection time specified to the Customer, the Courier shall use reasonable endeavours to collection time specified but such date shall be an estimate only and time shall not be of the essence of this agreement, and shall transport them by motor vehicle and such other means as the Courier deems appropriate to the Delivery Address.
7.3 The Courier
shall deliver the Consignment to the Delivery Address within the delivery time specified, the Courier shall use reasonable endeavours to meet the deliver time specified but any such time shall be an estimate only and time shall not be of the essence of this agreement.
7.4 The Courier
shall use reasonable endeavours to the Services, and to deliver the Services to the Customer, in accordance in all material respects of these Conditions.
7.5 The Courier will
offer his services as an agent or may provide them as a principal either in the Courier’s own right or by employing the services of another.
7.6 The provision of
Services at an inclusive price shall not alone determine whether the Courier has contracted as a principal.
7.7 When acting as
an agent the Customer will be deemed to have direct contractual relations with the actual carrier of the Consignment and the Courier is understood to have purely facilitated the relationship and not be a party to the contract of carriage between the Customer and the carrier.
7.8 The Courier
accepts liability for loss damage or destruction of the Consignment to the extent of the limitation contained within these Conditions provided such loss damage or destruction occurred within the care custody or control of the Courier and provided such loss damage or destruction occurred between receipt of the Consignment by the Courier and delivery to the Customer, Owner or Consignee
7.9 The Customer
hereby expressly authorises the Courier to contract with others on the Customer’s behalf to:
(a) arrange for the carriage
of the Consignment by any means as the Courier deems appropriate
arrange for packing, trans-shipment, loading, unloading and storage as the Courier deems appropriate
(c) arrange transportation
in, by whatever means and with whatever Consignment as the Courier deems appropriate
(d) to act with due diligence and care as may be considered reasonable
7.10 The Courier
will at it’s discretion deviate from the agreed route or means of carriage and/or storage of the Consignment.
7.11 The Courier is
authorised to carry out the contract of carriage and or storage either in the Courier’s own right, by the Courier’s subsidiary, parent or associated company and these Conditions shall be construed to apply directly between the Customer and said subsidiary, parent and or associated company
7.12 The Courier
will be entitled to a General Lien on any Consignment, documents, monies either in the custody or control of the Courier and shall be authorised to dispose or sell such Consignment, documents or monies within 28 days of written notice to the Customer in order to defray such sums as the Customer may owe to the Courier. The Courier shall be free of all responsibility for any Consignment, documents or monies as soon as the Courier has disposed or sold the same.
7.13 The right of
disposal or sale by the Courier shall arise immediately provided that the Courier has taken all reasonable steps to bring any sums due to the Customers attention before selling or disposing the Consignment.
7.14 The Courier
shall be entitled to retain all commissions, gratuities, brokerages, fees and allowances as may be customary in the trade
7.15 Should the
Customer, Owner or Consignee refuse or be unable to take delivery of the Consignment at the agreed location or such time and place as the Courier shall be entitled to deliver the Consignment then such Consignment shall be held in storage at the Customer’s expense and that the Courier shall be relieved of all responsibilities for the safety and continued well being of the Consignment.
7.16 The Courier
shall be entitled to sell or dispose of the Consignment:
the Customer, Owner or Consignee can no longer be identified provided that 14 days notice of the action is sent by post to the last known address of the Customer
(b) without notice if the Consignment are
liable to perish deteriorate or change or cause damage to any other party or be in any breach of any international convention, law, bye-law or regulation
7.17 Insurance of
the Consignment will only be effected upon receipt of expressed instructions from the Customer subject to the Insurance Company’s terms conditions exceptions and exclusions as may from time to time apply
arrangements are conducted by the Courier as agents for the Customer and such arrangements by the Courier for and on behalf of the Customer are subject to the terms conditions and limitations set out within these Conditions
7.19 The Courier
accepts no liability for release of Consignment upon collection of any monies or documents as may be required by the Customer unless expressly agreed in writing and in any event such instructions will be undertaken as Agent for the Customer whether conducted in person by the Courier or by any one acting with the Courier’s permission.
7.20 Any advice and
or information of whatever nature given to the Customer is given without any liability to the Customer or to any person, company or body who bears reliance on such information. The Customer shall hold harmless and relieve the Courier of all responsibility and or liability cost claims loss damage or expense suffered by any person company or body who may rely on such advice whether or not a gratuity has been paid to the Courier.
7.21 The Courier
accepts no liability or responsibility for any jewellery , precious metal, bullion cash, precious stones antiques, object d’art pictures, human remains or any living thing unless previously agreed in writing. Deviation from the above will be subject to proof by the Customer
7.22 The Courier
accepts no liability or responsibility for any hazardous dangerous harmful goods or substances contained within a Consignment or for any liable to cause loss damage injury or destruction to any property or person or for any Consignment liable to taint stain or change the constitution appearance or value of any property unless expressly agreed in writing. Should the Consignment in the Courier’s opinion give rise to are likely to give rise to the aforementioned then such Consignment shall be disposed at the Customers expense.
7.23 The Courier
shall use all reasonable endeavours to observe all health and safety rules and regulations and any other reasonable security requirements that apply at the Customer’s premises and that have been communicated to it under condition d, provided that it shall not be liable under this agreement if, as a result of such observation, it is in breach of any of its obligations under this agreement.
8.1 The Customer
(a) co-operate with the Courier in all matters relating to the Services and
(b) provide, for the Courier, its agents, sub-contractors and employees, in a timely manner and at no charge, access to the Customer’s premises, office accommodation, data and other facilities as requested by the Courier;
responsible (at its own cost) for preparing and maintaining the relevant premises for the supply of the Services, including identifying, monitoring, removing and disposing of any hazardous materials from any of its premises in accordance with all applicable laws, before and during the supply of the Services at those premises, and informing the Courier of all of its obligations and actions under this condition c;
(d) inform the Courier of all health and safety rules and regulations and any other reasonable security requirements that apply at any of the Customer’s premises;
(e) ensure the information provided to the Courier at the time of booking is complete and accurate.
(f) the Customer shall identify all items within the Consignment to the Courier and ensure the entirety of the Consignment is clearly identified and given to the Courier at the time of collection.
8.2 If the Courier’s
performance of its obligations under this agreement is prevented or delayed by any act or omission of the Customer, its agents, sub-contractors or employees, the Courier shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
8.3 The Customer
shall be liable to pay to the Courier, on demand, all reasonable costs, charges or losses sustained or incurred by the Courier (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under this agreement, subject to the Courier confirming such costs, charges and losses to the Customer in writing.
8.4 The Customer
shall not, without the prior written consent of the Courier, at any time from the date of the agreement to the expiry of six months after the last date of supply of the Services or termination of this agreement, solicit or entice away from the Courier or employ or attempt to employ any person who is, or has been, engaged as an employee or sub-contractor of the Courier in the provision of the Services.
8.5 Any consent
given by the Courier in accordance with condition 8.4 shall be subject to the Customer paying to the Courier a sum equivalent to 20% of the then current annual remuneration of the Courier’s employee or sub-contractor or, if higher, 20% of the annual remuneration to be paid by the Customer to that employee or sub-contractor.
and Limitation of Financial Liability
9.1 In respect of
consignments both collected and delivered within the United Kingdom, the Courier has a policy of insurance in place to cover the Consignment in transit, the limit of the insurance cover is £10,000.00 per vehicle. The cost of the Courier obtaining the policy is included within the Courier’s charges.
9.2 If the value of the consignment exceeds £1,000 the customer must notify the courier upon booking. If the customer fails to advise the courier of the value of the consignemt at the time of booking, then the cost of any insurance claim will be restricted to a maximum of £1,000
9.3 The Insurance
will not provide cover for Excluded Goods under clause 12 or Dangerous Goods.
or unclaimed goods
10.1 When the
Courier is unable to effect delivery the Courier shall use it’s reasonable endeavours to notify the Customer and the Consignee of any undelivered or unclaimed Consignment. Unless the Consignment is collected or instructions given for return or further delivery (for which there will be an additional charge) within 14 days of notice being given to the Customer, the Consignment shall transfer to the Courier and the Courier may sell or destroy the Consignment as if it were the original owner.
10.2 The Courier
shall use it’s reasonable endeavours to obtain what is in it’s view a reasonable price for the Consignment and shall use the proceeds of sale to discharge the Courier’s expenses incurred in relation to the carriage, storage and sale or disposal of the Consignment. Any remaining proceeds will be paid over the Customer upon its written request, upon which the Courier shall be discharged from all liability in respect of the Consignment.
Charges - Cancellation / Failed Collections /
Waiting Time / Re-Direction
11.2 Full charges
will be payable by the customer in the event that we are unable to collect due to the consigment not being ready, not being able to get on site or make contact with the collection point or the booker at the time of collection
11.3 Waiting time / handballing charges, the courier will allow 15 mins at each point for loading/unloading, anything over and above this will be charged at an hourly rate.
- Small Van £40 + VAT per hour
- Transit Van £40 + VAT per hour
- LWB £50 + VAT per hour
- XLWB £50 + VAT per hour
Luton or larger/specialsit vehicles – the charges will be advised to the booker if requested or when the vehicle has been on site for more than 15 minutes
All waiting time / handballing charges must be paid before the collection (if the delay happen as collection point) or before the delivery is completed (if delay happens at the delivery point)
If after the consignment has been collected the booker requests the delivery to go to a different address to what was advised at the time of booking the courier will take all reasonable steps to do this for the booker. Additional charges will be applied for any re-direction and payment of these would need to be made before the re-direction can take place, this can include but not limited to: Additional mileage, accomdation, storage, hourly charges for driver. If for any reason the courier is unable to re-direct a delivery the courier will deliver to the original address given and if unable to obtain a signature the courier will take a picture of the delivery as proof and the full charges will apply.
12.1 The Customer should not supply Dangerous Goods the Courier shall not be obliged to carry any Dangerous Goods or Consignments of the following description unless agreed in writing;
(a) Wines and/or spirits including but not limited to Champagne
(b) Cigars, cigarettes and tobacco excluding raw leaf tobacco
(c) Non-ferrous metals in raw, scrap, bar or ingot or similar form
(d) Furs and ready made garments
(e) Mobile phones and/or similar and/or associated goods
(f) Precious stones or precious metals or articles made of or containing precious stones or metals
(g) Audio/visual equipment
(h) Computer equipment, software and accessories
(i) Photographic equipment and accessories
(j) Explosive and inflammable items, firearms, including parts of firearms, ammunition and detonators;
(k) any item prohibited as hand baggage by British Airways
(l) any written, printed or pictorial matter which is or might reasonably be held to be obscene, blasphemous, scandalous, defamatory, proscribed or prohibited in any country from to or through which carriage is to take place
(m) any article the possession of which is unlawful by the law of any country from, to or through which carriage is to take place
(n) credit cards, debit cards, ATM cards, store cards and gift vouchers, travellers cheques, fine art, securities, bonds, deeds, bank notes, treasury notes, stamps and similar cash substitutes
(o)weapons of all
13.1 If either party
wishes to change the scope or execution of the Services, it shall submit details of the requested change to the other in writing save for changes permitted under these conditions.
13.2 If either party
requests a change to the scope or execution of the Services, save for those permitted under this agreement, the Courier shall, within a reasonable time, provide a written estimate to the Customer of:
(a) the likely time required to implement the change;
(b) any variations to the Courier’s charges arising from the change;
(c) any other impact of the change on the terms of this agreement.
13.3 The Courier
may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services. The Courier may,from time to time, change the Services, provided that such changes do not materially affect the nature or quality of the Services and, where racticable, it will give the Customer notice of any change.
13.4 If the Customer
wishes the Courier to proceed with the change, the Courier has no obligation to do so unless and until the parties have agreed in writing on the necessary variations to its charges and any other relevant terms of this agreement to take account of the change.
13.5 The Courier may
charge for its time spent in assessing a request for change from the Customer on a time and materials basis in accordance with condition 14.
14.1 Condition 14.2
shall apply if the Courier provides the Services on a time and materials basis. Condition 14.3 shall apply if the Courier provides the Services for a fixed price. The remainder of this condition 14 shall apply in either case.
14.2 Where the
Services are provided on a time and materials basis.
(a) the charges payable for the Services shall be calculated in accordance with the Courier’s standard rates which are available upon the Customers request.
(b) the Courier’s standard daily fee rates for each individual person are calculated on the basis of an eight-hour day, worked between 8.00 am and 5.00 pm on weekdays (excluding public holidays);
(c) the Courier shall be entitled to charge an overtime rate of 50% of the normal daily fee rate on a pro-rata basis for each part day or for any time worked by individuals whom it engages on the Services outside the hours referred to in condition 14.2(b);
(d) all charges quoted to the Customer shall be exclusive of VAT which the Courier shall add to its invoices at the appropriate rate;
(e) the Courier shall ensure that every individual whom it engages on the Services completes time sheets recording time spent, and the Courier shall use such time sheets to calculate the charges
(f)Each invoice shall set out the time spent by each individual whom it engages on the Services and provide a detailed breakdown of any expenses and materials, accompanied by the relevant receipts.
14.3 Where the
Services are provided for a fixed price, the total price for the Services shall be the amount notified to the Customer by the Courier. The total price shall be paid to the Courier (without deduction or set-off), within 30 days of the date of an invoice being raised and sent to the Customer, any sums paid at the time of booking will be deducted from the final amount due. The Courier shall invoice the Customer for the charges that are then payable, together with expenses, the costs of materials and VAT, where appropriate, calculated as provided in condition 14.4. Account holders will be invoiced on a weekly basis.
14.4 Any fixed price
and daily rate contained in this Contract excludes:
(a) the cost
of hotel, subsistence, travelling and any other ancillary expenses reasonably incurred by the individuals whom the Courier engages in connection with the Services, the cost of any materials and the cost of services reasonably and properly provided by third parties and required by the Courier for the supply of the Services. Such expenses, materials and third party services shall be invoiced by the Courier; and
(b) VAT, which the Courier shall add to its invoices at the appropriate rate.
14.5 Save as where
payment is made on account in advance of the booking, the Customer shall pay each invoice submitted to it by the Courier, in full and in cleared funds, within 30 days of receipt.
prejudice to any other right or remedy that it may have, if the Customer fails to pay the Courier on the due date, the Courier may:
(a) charge interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of the Royal Bank of Scotland accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and the Courier may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
(b) suspend all Services until payment has been made in full.
14.7 Time for
payment shall be of the essence of this agreement.
14.8 All sums
payable to the Courier under this agreement shall become due immediately on its termination, despite any other provision. This condition 14.8 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.
14.9 The Courier
may, without prejudice to any other rights it may have, set off any liability of the Customer to the Courier against any liability of the Courier to the Customer.
14.10 The Courier
reserves the right to set out the additional charges set out at Schedule 1.
and the Courier’s property
15.1 The Customer
shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Customer by the Courier, its employees, agents or sub-contractors and any other confidential information concerning the Courier’s business or its products which the Customer may obtain. The Customer shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know the same for the purpose of discharging the Customer’s obligations to the Courier, and shall ensure that such employees, agents or sub-contractors are subject to obligations of confidentiality corresponding to those which bind the Customer.
15.2 This condition
15 shall survive termination of this agreement however arising.
ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION
16.1 This condition
16 sets out the entire liability of the Courier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
(a) any breach of this agreement;
(b) any use made by the Customer of the Services or any part of them; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
16.2 All warranties,
conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
16.3 Nothing in
these Conditions limits or excludes the liability of the Courier:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Courier; or
16.4 Subject to
condition 16.2 and condition 16.3:
(a) the Courier shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of Consignment; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss of corruption of data or information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
16.5 the Courier’s
total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to;
(a) in the case of loss or damage to goods, the level of liability set out in Clause 9 herein.
(b) in the case of all other claims
(i) the value of the goods lost or damaged at the time that they are shipped or should have been shipped or
(ii) £10 per kilo of the gross weight of the goods said to be the subject of the transaction; or
(iii) £10,000.00 whichever is the lesser.
(iiii) If the value of the consignment exceeds £1,000 the customer must notify the courier upon booking. If the customer fails to advise the courier of the value of the consignment at the time of booking, then the cost of any insurance claim will be restricted to a maximum of £1,000
16.6 The Courier
shall carry out it’s duties by exercising a reasonable degree of skill care judgement and diligence
16.7 The Courier
accepts no responsibility for loss damage destruction or expense caused by:
(a) Strike, restraint of labour, lock-out, labour disputes, stoppage
(b) any cause that the Courier is unable to avoid by exercising a reasonable degree of skill care judgement and diligence
16.8 The Courier
accepts no responsibility for delivery dates and times unless previously agreed in writing
16.9 Where the
declared value of the Consignment exceeds £10,000 the Courier shall state the fee payable by the Customer for the Delivery of the Consignment and the limitation on the Courier’ s liability at the time of Booking.
16.10 Where the
Customer does not declare the value of the Consignment the total liability of the Courier shall not exceed either the fees paid by the Customer or £100, whichever shall be the greater.
16.11 Should the
Courier agree in writing to accept responsibility for departure and arrival dates of the goods in accordance with 16.8 above the liability of the Courier shall be limited to twice the charges the subject of the relevant transaction subject to 16.7(b) above and Clause 16.13
16.12 The Courier
may accept responsibilities in excess of the responsibilities detailed in these Conditions provided that such agreement is evidenced in writing and that the appropriate additional charge as may be agreed has been paid by the Customer to the Courier.
16.13 The Customer
Shall notify the courier of any claim in writing within 7 days and any claim not notified within this time shall be deemed to be waived and absolutely time barred except where the customer can demonstrate that the compliance with this condition was impossible and that the claim was made thereafter within a reasonable time.
16.14 The Customer
shall provide to the Courier written proof of the value of the Goods damaged or lost and the Courier shall be entitled to inspect the damaged Goods.
prejudice to any other rights or remedies which the parties may have, either party may terminate this agreement without liability to the other immediately on giving notice to the other if:
(a) the other
party commits a material breach of any of the terms of this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
(b) an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of the other party; or
(c) an order is made for the appointment of an administrator to manage the affairs, business and property of the other party, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other party, or notice of intention to appoint an administrator is given by the other party or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986); or
(d) a receiver is appointed of any of the other party’s assets or undertaking, or circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party, or if any other person takes possession of or sells the other party’s assets; or
(e) the other party makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or
(f) the other party ceases, or threatens to cease, to trade; or
(g) there is a change of control of the other party (as defined in section 574 of the Capital Allowances Act 2001); or
(h) the other party takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.
18.2 On termination
of this agreement for any reason:
(a) the Customer shall
immediately pay to the Courier all of the Courier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Courier may submit an invoice, which shall be payable immediately on receipt;
(b) the accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
19.1 The Customer
shall indemnify the Carrier against;
(a) All losses suffered by
the Courier as a result of any breach of these Conditions by the Customer, fraud, error, misrepresentation or omission by the Customer, or the Consignee.
(b) All losses suffered by the
Courier or claims resulting from the loss or damage to property caused by the carriage of Dangerous Goods.
The Courier shall
have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the Courier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
Subject to condition
6.2 and condition 13, no variation of this agreement or these Conditions or of any of the documents referred to in them shall be valid unless it is in writing and signed by or on behalf of each of the parties.
22.1 A waiver of any
right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.
23.1 If any
provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
23.2 If any invalid,
unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.
23.3 The parties
agree, in the circumstances referred to in condition 23.1 and if condition 23.2 does not apply, to attempt to substitute for any invalid, unenforceable or illegal provision a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision. The obligations of the parties under any invalid or unenforceable provision of this agreement shall be suspended while an attempt at such substitution is made.
Each of the parties
acknowledges and agrees that, in entering into this agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these terms and conditions or not) relating to the subject matter of this agreement, other than as expressly set out in this agreement.
25.1 The Customer
shall not, without the prior written consent of the Courier, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
25.2 The Courier may
at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
partnership or agency
Nothing in this
agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power) save for the rights granted to the Courier under clause 7.5, 7.7 and 7.9 of these terms.
This agreement is
made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.
Notice given under
this agreement shall be in writing, sent for the attention of the person, and to the address or fax number, given in this agreement (or such other address, fax number or person as the relevant party may notify to the other party) and shall be delivered personally, sent by fax or sent by pre-paid, first-class post or recorded delivery. A notice is deemed to have been received, if delivered personally, at the time of delivery, in the case of fax, at the time of transmission, in the case of pre-paid first class post or recorded delivery, 48 hours from the date of posting and, if deemed receipt under this condition 28 is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is a business day), at 9.00 am on the first business day following delivery. To prove service, it is sufficient to prove that the notice was transmitted by fax, to the fax number of the party or, in the case of post, that the envelope containing the notice was properly addressed and posted.
law and jurisdiction
29.1 This agreement
and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
29.2 The parties
irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter.
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