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EXCEL COURIERS, CITYSIDE COURIERS (hereinafter called “the Carrier”) accepts goods for carriage subject to the conditions hereinafter called “these Conditions” set out below and, each condition shall be deemed to be incorporated in and be a condition of any agreement between the Carrier and the Customer. No agent of or person employed by or under contract to the Carrier has any authority to varying and way these Conditions unless he is first expressly authorized in writing by the Carrier to make the particular alteration or variation.
1. DEFINITIONS
In these Conditions the following expressions shall have the meanings hereby respectively assigned to them that is to say:-
(a) “Carrier” means and (unless the context otherwise requires) includes the Carriers servants subcontractors and any person or persons.
(b) “Customer” means any person who contracts for the services of the Carrier and includes the customers servants or agents.
(c) “Package” means an outer container containing either unpacked items or any number of small containers.
(d) “Consignment” means carried at one time in one load for one customer from one address and whether in one or more packages.
(e) “Excepted goods” means
(i) Goods which are specified in the special classification of dangerous goods issued by the British Railways Board or which although are not specified they are not acceptable to the British Railways Board for conveyance on the ground of their dangerous or hazardous nature.
(ii) Goods which though not included in (i) above are of a kindred nature and
(iii) Bills of exchange promissory notes money securities for money stamps precious stones jewellery, precious metals, coins, negotiable instruments, antiques, works of are, articles of a damageable nature, bank notes, animal skins or any perishable or organic items.
(f) “Contract” shall mean the contract or carriage between the Customer and the Carrier.
(g) If the client should decide to employ our driver directly, a fee of 50% of his or her annual salary is applicable.
2. CARRIER IS NOT A COMMON CARRIER
The Carrier is not a Common Carrier and will accept goods for carriage only on these conditions.
3. PARTIES AND SUB-CONTRACTING
(1) Every Customer entering in to a Contract shall be deemed to be either the owner or the duly authorized agent of the owner of every consignment and every constituent part thereof to which the Contract relates as regards the making of the Contract the acceptance of these Conditions and all matters of every nature arising thereout and shall also be deemed to be authorized to accept these conditions on behalf of all other persons who are or may thereafter become interested in the subject matter of the Contract.
(2) The Carrier reserves the right at its absolute discretion to fulfill any Contract either in whole or in part by its own servants, subcontractors or agents or by employing or instructing or entrusting the fulfilling thereof either in whole or in part to others.
(3) The Carrier makes the Contract on his own behalf and as agent for any other person who is entitled to fulfill the Contract under clause 3(2) above, any such person shall be entitled to the benefit of the Contract and shall be under no liability whatsoever to the Customer or anyone claiming through or under him in respect of the subject matter thereof otherwise than in accordance with these Conditions.
(4) If the client should decide to employ our driver directly, a fee of 25% of his or her annual salary is applicable.
4. EXCEPTED GOODS
The Carrier does not accept excepted goods for carriage. Should the Carrier receive from any Customer items for Carriage which unbeknown to the Carrier be excepted goods the Customer shall indemnify the Carrier against all loss damage or injury however caused arising out of the carriage of those excepted goods.
5. CONSIGNMENT NOTES
The Carrier will if required sign a document prepared by the customer or other person delivering a consignment to the Carrier acknowledging the receipt thereof but no such document shall be evidence of the condition or of the correctness of the declared quantity or weight of the consignment or any constituent package at the time it is received by the Carrier.
6. TRANSIT
(1) transit shall be deemed to commence when the consignments handed to the Carrier whether at the point of collection by the Carrier or at the Carrier’s premises.
(2) Transit shall (unless otherwise previously determined) and when the consignment is tendered at the usual place of delivery at the Consignee’s stated address within the customary cartage hours of the district provided that:-
(a) If on safe and adequate access or no adequate unloading facilities there exist then transit shall be deemed to end at the expiry of one clear day after notice in writing (or by telephone if so previously agreed in writing) of the arrival of the consignment at the Carrier’s premises has been sent to the consignee.
(b) When for any other reasons whatsoever a consignment cannot be delivered or when a consignment is held by the Carrier “to await order” or “to be kept until called for” or upon any like instructions then the transit shall be deemed to end when instructions are fulfilled or at the expiry of seven days from the date on which the consignment was first delivered to the Carrier (which ever shall first occur).
(c) When transit has ended the Carrier shall be entitled to store the goods at the sole risk of the customer and shall not be liable for any loss of or damage to the consignment unless is proved that such loss or damage was caused by the willful misconduct of the Carrier. In addition the carrier shall be entitled to recover reasonable storage charges from the Customer.
(3) Subject to express instructions given by the Customer the Carrier reserves to itself absolute discretion as to the means, route and procedure for any transit and in the handling, storage and transportation of any consignment. Further if in the reasonable opinion of the Carrier it is at any stage necessary or desirable in the Customer’s interests to depart from express instructions the Carrier shall be at liberty to do so.
(4) The Carrier retains the right of refusal for any package or consignment it deems to be too large or too heavy to be carried by the vehicle contracted to the Customer to carry out that contract.
7. LIABILITY
Subject to these conditions the Carrier shall be liable to the Customer for any loss, non-delivery or mis-delivery of any Consignment or any part thereof or damage thereto if it is proved that this was caused by the neglect or default of the Carrier.
8. EXCLUSIONS OF LIABILITY
The Carrier shall not be liable for any loss, non-delivery or mis-delivery of or damage to a consignment or any part thereof which arises from:-
(a) Wear and tear, moths, vermin, depreciation, delay or natural deterioration.
(b) Earthquake, war, invasion, act of foreign enemy hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, riot, strike or civil commotion.
(c) Ionizing radiations or contamination by radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.
(d) Radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
(e) Pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds.
(f) Seizure under legal process.
(g) Act or omission of the Customer consignee or owner of the consignment or of the servants or agents of any of them.
(h) Insufficient or improper packing.
(i) Insufficient or improper labeling or addressing.
(j) Theft Pilferage or any attempt thereof from any unattended vehicle.
(k) Consignee not taking or accepting deliver within a reasonable time.
(l) Fraud on the part of the Customer the consignee or the owner of the consignment or any part thereof or the servants or agents of any of them in respect of that consignment.
(m) Indirect or consequential loss or damage.
(n) Loss of a particular market whether held daily or at intervals.
9. LIMITATION OF LIABILITY
The customer shall notify the carrier at the time of booking if the consignment has a value in excess of one hundred pounds sterling (£100). Providing the value of the consignment is less than £10 000 then the carrier shall charge the Customer (and the customer shall pay) an additional fee of two percent (2%) of the difference between the value fo the consignment and one hundred pounds sterling(£100)(the “Additional Fee”). The additional fee shall be subject to a minimum charge of twenty pounds sterling(£20) and the Carrier shall inform the customer of the sum prior to accepting the booking. Cover for consignments valued over £10 000 will be negotiated on an individual basis.
10. TIME LIMIT FOR CLAIMS
The Carrier shall not be liable:-
(a) (i) For loss from a package or from an unpacked consignment or
(ii) For damage, deviation, mis-delivery, delay or detention unless the Carrier is advised therof in writing (otherwise than upon a consignment note or delivery document) within three days after the termination of transit and the claim be made in writing within fifteen days after the consignment of transit For loss or non-delivery of the whole of the consignment or of any package forming part of the consignment unless the Carrier is advised of the loss or non-delivery in writing (otherwise that upon consignment note or delivery document) within five days and the claim be made in writing within fifteen days after the consignment of transit.
11. CARRIERS CHARGES
(1) The Carrier’s charges for carriage shall be payable by the Customer without prejudice to the Carrier’s rights against the consignee or any other person save that when goods are consigned “carriage forward” the Customer shall not be required to pay such charges unless the consignee fails to pay after a demand has been made by the Carrier for payment thereof and payment has not been made within a reasonable period.
(2) A claim or counter-claim shall not be made there reason for deferring or withholding payment of monies payable or liabilities incurred to the Carrier.
(3) All sums shown due to the Carrier on its invoices sent to the Customer shall be paid to the Carrier immediately when due.
(4) Discounts only applicable when invoice paid within agreed terms.
(5) Minimum monthly invoice amount £20.
(6) All credit accounts are rendered weekly, fortnightly or monthly and are subject to settlement within thirty days of date of invoice. Where payment is not received within that period the Carrier reserves the right to impose the following surcharges on all outstanding balances;
(i)Interest payable under the Late Payment of Commercial Debts (Interest) Act 1998, calculated at an annual rate of 8% above the Bank og England base rate pursuant to The Late Payment of Commercial Debts(Rate of Interest)(No. 3)Order 2002)
(ii) A fixed sum payable under section 5A of the Late Payment of Commercial Debts (Interest) Act 1998.
12. LIEN The Carrier shall have a special lien on all consignments for charges on such consignments and shall also have a general lien against the owner or Customer or consignee over any consignments for any moneys due from such owner or Customer or consignee (“the debtor”) to the Carrier. If any lien is not satisfied within seven days of payment being demanded by the Carrier, the Carrier may at his absolute discretion sell the consignment concerned or any part or parts thereof and apply the proceeds in or towards discharge of the lien and the expense of the sale and shall then hand any surplus to the debtor.
13. NOTICES
When a notice given in compliance with any of these conditions is sent by post, service thereof shall be deemed to be made by properly addressing, repaying and posting and such notices and, unless the contrary is proved, to have been effected at the time when the notice should be delivered in the ordinary course of post.
14. COMPUTATION OF TIME
In the computation of time where the period provided by these conditions is 10 working days or less the following days shall not be included:- Saturdays, Sundays and all Bank Holidays.
15. CONSEQUENTIAL LOSS OR DAMAGE
Notwithstanding any other provision contained in these conditions the Carrier shall have no liability whatsoever for any indirect consequential loss or damage howsoever arising including but not limited to loss of income, loss of profit or loss of opportunity.
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