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Terms & Conditions
1. GENERAL
1.1 The terms and conditions set out herein shall
apply between the Company and the party whose name and
address is set out in the Account Application Form ("the
Customer") and shall apply to the provision of any and
all carriage, courier or delivery services ("the
Services") undertaken by the Company for the Customer
during the continuance of this Agreement and any and all
other terms, warranties and/or conditions implied by
statute and/or common law and hereby expressly excluded
to the fullest extent permitted by law.
2. CHARGES
2.1 The charges payable by the Customer for the
Services ("the Courier Charges") shall be at the rate
specified in the Company's schedule of charges as in
force, a current copy of which is attached hereto.
2.2 A service charge will be added to all invoices.
3. ALTERATIONS TO THE TERMS AND CONDITIONS
3.1 The Company reserves the right to alter or vary
these terms and conditions at its absolute discretion
upon giving reasonable notice to the Customer and
without prejudice to the generality or the aforesaid the
Company reserves the right to change the Courier
Charges. No representations made or variations in or
additions to these terms and conditions or warranty
given by any person acting or purporting to act on
behalf of the Company shall have any force or effect
whatsoever unless confirmed in writing by an authorised
officer of the Company.
4. PAYMENT FOR SERVICES
4.1 It is a condition of this agreement that invoices
shall be paid in full within 30 days of issue thereof.
Should any invoice not be paid within 30 days any
outstanding invoices shall immediately become due and
payable.
4.2 Without prejudice to the Company's rights
hereunder all monies due to the company in respect of
provision of the Services which are not paid by the due
date for payment shall bear interest on the balance of
such monies due from time to time at the rate of 3% per
month until payment is received by the Company in
respect thereof.
4.3 The Customer shall not be entitled for any reason
to withhold payment of monies due to the Company and in
particular shall not be entitled to do so in
circumstances where the Customer is in dispute with the
Company and/or claims money or compensation from the
Company in respect of the Services.
5. INVOICE LIMIT
5.1 At any time of opening the Customers account with
the Company, the Company may set a limit on the total
amount which may be outstanding as unpaid on such
account at any one time. The company may in its
discretion refuse to provide the Services in the event
of this limit being exceeded.
6. SECURITY ACCOUNT NUMBER
6.1 The customer will be issued with a security
account number which must be quoted on all bookings.
Notwithstanding the aforesaid, the Company does not
accept any responsibility whatsoever when security
account numbers are used by unauthorised personnel
and/or for unauthorised purposes.
7. INSURANCE
7.1 The Company does not have insurance for goods or
property (of whatsoever nature) in transit (in transit
for other purposes of this clause being from the time
the goods or property are collected by the Company up to
and including delivery thereof), and the Customer is
advised to effect such insurance as the Customer deems
necessary for the carriage of goods and/or property by
the Company.
8. LIMITATIONS AND EXCLUSIONS
8.1 The Company shall not undertake the carriage or
delivery of:-
8.1.1 money or securities (whether cash, cheques,
bankers drafts, bonds, share certificates or in any
other form), antiques, precious metals, furs, or
jewellery (in any form whatsoever) of whatever amount or
value.
8.1.2 any goods or property (of whatsoever nature) of
an intrinsic value of more than £100
8.1.3 any goods or property of a hazardous,
dangerous, inflammable, explosive or noxious nature, or
are illegal to possess under existing English Law,
and/or
8.1.4 any goods or property (of whatsoever nature)
which may deteriorate in transit. UNLESS the Customer
has prior to the commencement of the Service in respect
of such goods or property expressly notified the Company
as to the nature and value of the same and a Director of
the Company has expressly agreed in writing that the
Company shall carry and deliver the same on such terms
and conditions as the Company may reasonably require AND
in the event that the Company undertakes the Service in
respect of such goods or property without first having
expressly agreed to do so as aforesaid, the Company
shall have no liability whatsoever for loss or damage to
the same however arising.
8.2 The Company shall be entitled to destroy or
dispose of goods or property referred to in clauses
8.1.3 and 8.1.4 in such manner as the Company thinks fit
if in the Company's opinion it is proper to do so and
the Company shall account to the Customer for money it
receives (if any) on such destruction or disposal in
excess of the costs incurred by the Company in so
disposing of or destroying the goods or property.
8.3 Without prejudice to the provisions of clause 8.1
the Company shall not in any event be liable directly or
indirectly for:-
8.3.1 consequential loss (whether for loss or profit
or otherwise) and/or
8.3.2 loss, damage and/or breakage to china, glass
ceramics or other breakables whether arising from the
acts, omissions or negligence of the Company and/or its
employees and/or agents or arising otherwise howsoever.
8.4 Without prejudice to the generality of clauses
8.1 and 8.3 in particular the Company shall not be
liable for any loss and/or damage arising directly or
indirectly from:-
8.4.1 breakdown, accident, adverse weather
conditions.
8.4.2 any act or omission on the part of the
Customer.
8.4.3 any clause, act or circumstance beyond the
control of the Company (including, without limitation,
any strike, (official or not) lock-out or other form of
industrial action or labour dispute, governmental
regulations, legal restrictions, embargoes, fire, flood,
Act of God, any consequence of riot, war, invasion, act
of foreign enemy, hostilities (whether war be declared
or not) civil war, acts of terrorism, rebellion,
military or usurped power, confiscation, requisition or
destruction of or damage to property by or upon the
order of or in the name of any Government or public
local authority.)
8.4.4 inadequate or inappropriate packaging of goods,
or incorrect or inadequate labelling or instructions
received from the customer and/or
8.4.5 the Company being prevented or hindered from
delivering the goods or property
8.5 Without prejudice to the generality and effect of
the foregoing provisions of this clause 8 the liability
of the Company for each delivery or courier service
undertaken by the Company howsoever arising and whether
direct or indirect and including but not limited to
liability arising from the acts, omissions or negligence
of the Company and/or its employees and/or agents or
arising otherwise howsoever shall in any event be
limited to the lesser of:-
8.5.1 £150 or
8.5.2 the intrinsic value of the goods or property
comprised in such delivery or courier service
8.6 The provision of clauses 8.3, 8.4, 8.5 and 10.1
apply to liability for loss or damage to goods or
property and do not apply to liability for death or
personal injury.
9. DELIVERY
9.1 The Company shall use reasonable endeavours to
deliver the Customer and the Customer's goods or
property on time , however time for delivery shall not
in any event be of the essence and the Company makes no
warranty that the Customer or Customer's goods or
property shall be delivered within the Customers
stipulated time period (if any) and/or within any time
period stated by the Company unless expressly agreed in
writing by a Director of a Company.
9.2 In the event that the Company is unable for
whatever reason to deliver the Customer or the
Customer's goods or property then the Company reserves
the right to charge the Customer for any and all costs
and expenses incurred in doing so and/or for any costs
or storage of the goods or property.
10. CLAIMS
10.1 Without prejudice to the foregoing provisions of
this Agreement the Company shall not in any event be
liable for any loss and/or damage howsoever arising
including but not limited to liability arising from the
acts, omissions or negligence of the Company and/or its
employees and/or agents and arising otherwise howsoever
unless the Customer has notified the Company (with
reasonable particularity) as to the nature and extent of
such loss or damage within 15 working days of the date
upon which the same occurred.
11. LIEN
11.1 Without prejudice to the Company's rights
hereunder or arising otherwise howsoever, the Company
reserves the right to exercise a lien over the
Customer's goods and/or property pending payment in full
or outstanding invoices.
12. TERMINATION
12.1 This Agreement may be terminated by either party
by one months notice in writing to the other.
12.2 In the event of the Customer being in breach of
any of the terms and/or conditions of this Agreement the
Company shall have the right (without prejudice to any
other rights it may have) to terminate this Agreement or
suspend provision of the Services, or suspend the
Customer's account facility, forthwith and without
notice.
13. RESOLUTION OF DISPUTES and GOVERNING LAW
13.1 The parties hereto submit to the exclusive
jurisdiction of the Courts of England and Wales.
14. ENTIRE AGREEMENT
14.1 This Agreement contains all the terms agreed by
the parties regarding the subject matter hereof and
supersedes any prior agreements, understandings or
arrangements between them, whether oral or in writing,
and no representation undertaking or promise shall be
taken to have been given or be implied from anything
said or written prior to this Agreement except as
expressly set out in this Agreement.
15. NOTICES
15.1 Any notice to be given by any party to the other
under this Agreement shall be sufficiently served if
left at, or sent by prepaid registered post or recorded
delivery service or telefax or telex to the party to be
served at. Its address as set out in this Agreement or
such other address as it may notify for such purpose and
shall be deemed to have been served when so left or sent
by telefax or telex or in the case of posting 24 hours
after the same was posted. In proving service by post it
shall only be necessary to prove that the communication
was contained in an envelope which was duly posted in
accordance with this clause.
16. WAIVER
16.1 No forbearance, indulgence or failure by the
Company to enforce or to exercise, at any time or for
any period of time, any term of or any right arising
pursuant to this Agreement shall constitute, and shall
not be construed as, a waiver of such term or right and
shall in no way affect the Company's right later to
enforce or exercise it.
17. SEVERABILITY
17.1 The invalidity or unenforceability of any term
of or any right arising pursuant to this Agreement shall
not in any way affect the remaining terms or rights.
18. PROTECTING YOUR SECURITY
You agree that we may use Personal information
provided by you in order to conduct appropriate anti
fraud checks. Personal Information that you provide may
be disclosed to a credit reference or fraud prevention
agency, which may keep a record of that information
19. PROMOTIONS
19.1 - £1 Discount Card - This
promotion cannot be used in conjunction with any
other promotion we may offer in the future. All
vouchers are single use, and must be
handed to the driver by the end of the journey.
Only one voucher may be used per journey.
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