• 5 Stars on Reviews.co.uk
  • Twitter icon
  • Facebook icon
  • Instagram icon

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

Courier:
Speedy Courier Services Limited, company number 8389888, registered
address: Royal Bank of Scotland Chambers, Suite 2, Inglestan
Brewery Lane, Leigh, WN7 2RJ

Consignee:
the person, firm or company to whom the Courier delivers the
Consignment.

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.

Customer:
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.

Dangerous
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

Document:
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.

Delivery
Address
: the address for delivery of the Consignment notified
to the Courier at the time of booking.

Owner: the actual
legal owner of the Consignment or any party which has an interest
or who may gain an interest in the Consignment

Services:
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.

VAT: value added tax
chargeable under English law for the time being and any similar
additional tax.

1.2 Condition,
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 faxes but not e-mail.

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.

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.

  1. Application
    of conditions

2.1 These Conditions
shall:

(a) apply to and be incorporated into the Contract;
and

(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.

  1. Commencement
    and duration

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.

  1. Consignment

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.

  1. Transit

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.

  1. 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.

6.3 When
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.

  1. Courier’s
    obligations

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

(b)
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:
(a) if
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

7.18 Insurance
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.

  1. Customer’s
    obligations

8.1 The Customer
shall:
(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;
(c) be
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.

  1. Insurance
    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 £10,000 the Customer must notify the
Courier upon booking, an additional charge may be incurred.

9.3 The Insurance
will not provide cover for Excluded Goods under clause 12 or
Dangerous Goods.

  1. Undelivered
    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.

  1. Cancellation
    Charges

11.1 Full charges
will be payable by the Customer in the event of cancellation within;
(a) 60 minutes prior to collection of any Consignment

  1. Excluded
    Goods

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
kinds

  1. Change
    control

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
practicable, 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.

  1. Charges and
    payment

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.

14.6 Without
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.

  1. Confidentiality
    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.

  1. Limitation
    of liability

THE CUSTOMER’S
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.

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
below.

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 14 days of or
when the
Customer became aware of or should have become aware of
any loss damage or destruction
or any event or occurrence likely
to give rise to any loss damage or destruction 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
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.

  1. Data
    protection

The Customer
acknowledges and agrees that details of the Customer’s name,
address and payment record may be submitted to a credit reference
agency, and personal data will be processed by and on behalf of the
Courier. The Customer acknowledged the terms contained within the
Data Protection and privacy policy contained on the Couriers website.

  1. Termination

18.1 Without
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.

  1. Indemnity

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.

  1. Force
    majeure

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.

  1. Variation

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.

  1. Waiver

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.

22.2 Unless
specifically provided otherwise, rights arising under this agreement
are cumulative and do not exclude rights provided by law.

  1. Severance

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.

  1. Status of
    pre-contractual statements

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.

  1. Assignment

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.

  1. No
    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.

  1. Rights of
    third parties

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.

  1. Notices

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.

  1. Governing
    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.

  1. Pricing

Additional fees

In the event the
Courier is required to wait for a period exceeding 15 minutes when
either collecting the Consignment or despatching the Consignment the
following charges will apply;

Up to 15 minutes
from arrival – free of charge

£30 for every
30 minutes from the expiration of the above. (The Delivery time will
be amended accordingly).

Email: enquiries@speedycourierservices.co.uk

Phone: 0345 245 0024

Money Back Guarantee: Download