CONDITIONS OF CARRIAGE

1  The Parties

The parties to this agreement are:

1.1 Sameday European Xpress light haulage (also known as the Courier‘) which expression shall where the context allows include his employees, agents and sub-contractors

1.2  The person, firm or company named as the Customer (‘the Customer’)

2  Definitions ‘SubContractor’ means any person whose service the Courier engages or makes use of to perform

the whole or part of the services the subject of this contract.

‘Dangerous goods’ means goods included in the list of dangerous goods as defined in the

classification Packaging and Labelling of Dangerous Substances Regulations (known as the C.P.L.

Regulations), and in the classification and labelling of explosives regulations (The Radioactive

Substances (Carriage by Road)(Great Britain) Regulations Act 1974) and including any other

relevant legislation or regulations together with any amendments to them, or means goods which

present a comparable hazard.

 

“Theft attractive goods” include: Money, Securities, Deeds,. Bills of exchange, Promissory notes,

Stamps, Photographs, Mobile telephones and all ancillary equipment, General telephony equipment,

Documents, Spirits, Tobacco and cigarettes

 

“Consignment” means the delivery of goods in bulk or contained in one parcel package container or

envelope or as the case may be or any separate number of parcel packages containers or envelopes

sent at any one time in one load by or for the Customer from one address to one address. “Goods”

includes papers and documents other than those expressly included.

 

3 Hauliers  obligations

3.1 The Courier shall use its best endeavours to deliver the goods specified to the delivery address

so specified at about or before the time so specified

3.2 The Courier shall not be liable for any delay in delivery caused by the unavailability at the

delivery address of the consignee or other authorised recipient or agent

3.3 The Courier shall not be liable for the loss or damage to or mis-delivery or delayed delivery if

the goods occasioned by:

3.3.1 act of God including but not limited to storm or tempest or flood

3.3.2  act of war hostilities riot or civil commotion or the threat or fear of such conditions prevailing

3.3.4  criminal malicious or negligent actions or acts or omissions of third parties

3.3.5  industrial action or unforeseeable traffic conditions

3.3.5  the effect of ionising radiation or uncontrolled nuclear reaction

3.3.6  suspension or cancellation of transport services by reason of or the threat or fear of inclement weather

3.3.7  Fire lightning or explosion

3.3.8  Seizure under legal process

3.3.9  Act default or omission of whatever nature of the Customer his employees or agents or any

person having interest in the goods

3.3.10 Insufficient or improper packing or labelling or addressing or any of the matters set out in

clauses 3.3.1 to 3.3.10 inclusive

4 Customer’s obligations

Subject to the provisions of this agreement the Customer undertakes:

4.1 That in relation to the Goods the Customer is either solely or beneficially entitled to the Goods

or has the authority of all of those interested in the Goods to enter unto this contract and to bind

them to its terms

4.2  In the event of claim by any third party against the Haulier arising out of this contract to

indemnify the Courier against the claim and all legal and other costs incurred except to the extent

that the Customer establishes that the Courier would have been liable to the Customer had he

original claim been made by the Customer but on the assumption that the Customer had retained

title to the Goods

4.3 To give any instruction requested by the Courier in pursuance of clause 3 above as soon as

reasonably practicable

4.4 To make all payments as provided by clause 13 below

4.5 Ensure that all Goods are sufficiently or properly packaged labelled or addressed

5 Limitation of liability

5.1 The liability of the Courier in the event of loss of or damage to or mis-delivery of the Goods

(where the Courier’s liability is not otherwise excluded) shall not exceed the declared value of

the Goods specified to the Courier or otherwise declared by the Customer (and pro rata in the case of an

event affecting part only of the Goods) or the cost or repairing any damage or of reconditioning the

Goods subject always to a maximum liability of £10,000 per consignment or part thereof in the case

of an event affecting part only of the Consignment. Where the Customer requires a higher value of

cover this shall be expressly negotiated and agreed in writing. The value of the Goods actually lost

damaged or mis-delivered shall be taken to be their invoice value if they have been purchased by

the Customer or otherwise shall be taken to be the replacement cost to the owner at the

commencement of transit and in all cases shall be taken to include any Customs

and Excise duties or taxes payable in respect of the Goods provided always that the Courier shall be entitled to proof

of value of the Consignment or any part of it to a value not exceeding that expressed in 5.1 above

5.2 The liability of the Haulier for the delay in delivery (where the Courier’s liability is not

otherwise excluded) shall not exceed a sum equal to one quater the carriage charges or a proportion of

those charges in the case of an event affecting part only of the Goods

5.3 The Courier shall not beliable for any physical loss, mis-delivery or damage to any theft-attractive Goods unless the Courier has specifically agreed in writing prior to transit commencing to carry such items and the Customer agrees in writing to reimburse the carrier in respect of all additional costs including insurance costs which result from the carriage of the said items and the loss mis-delivery or damage occasioned during transit and is proved to be due to negligence of the Haulier, its servants or agents.

5.4 The Haulier shall not in any event be liable for any consequential loss whatsoever and how so ever arising (including in relation to theft attractive Goods) which shall include without limitation all economic losses, loss of profits, increased management or labour costs, loss of future business, loss of reputation and goodwill, loss of market or falls in prices of whatever nature and all other damages costs or expenses or other indirect losses including any liability to or claims by any third party.

6   Excluded Goods

6.1 The Customer shall not permit for carriage and the Haulier may at any time abandon the carriage of any goods of a type specified in clause 6.3 below

6.2 If the Courier abandons Goods in pursuance of clause 6.1 he shall immediately notify the Customer of the circumstances but shall not be under no liability in respect of the safe keeping of the abandoned Goods.

 

6.3 The following are excluded Goods:

6.3.1 Explosive and inflammable articles firearms ammunition and detonators

6.3.2 Dangerous goods

6.3.3 Any article the possession of which in or the importation of which into any country from through or to which the carriage is to take place is illegal or prohibited

6.3.4 Any article prohibited as hand luggage by British Airways

6.3.5 Any written printed or pictorial matter which is obscene blasphemous scandalous or defamatory or proscribed or prohibited

6.3.6 Human remains

6.3.7 Livestock

7 Warranties and Indemnities

The Customer shall indemnify the Haulier in respect of any fine or penalty or legal and other costs incurred by the Courier and any other loss outlay and expense sustained by the Courier by reason of the Customer’s breach of clauses 3, 4 and 6 above

7.1  The extent of the Hauliers responsibilities and liabilities are defined in these conditions and the

Customer shall save harmless and keep the Courier indemnified from and against all claims cost and demands of whatsoever nature and by whom so ever made and howsoever arising from negligence or otherwise in excess of the liability of the Courier under these Conditions arisingdirectly or indirectly from the collection, carriage, storage and/or delivery of the Customer’s Consignment.

7.2  In the absence of written notice to the contrary given to the Haulier at the time of delivery to them, all Goods and the packaging within which they are contained are warranted by the Customer to be fit to be carried and stored.

7.3  The Customer agrees that he will not submit to the Haulier any Consignment containing dangerous, verminous, infested, contaminated or condemned Goods unless he shall first have given to the Haulier  in writing full details of the same and obtained the written agreement of the Haulier to the submission of such Consignment.

7.4 The Customer will be responsible for and indemnify the Haulier against all losses damage and claims what so ever nature made upon the Courier for which the Courier may be or become liable arising from the tender of a Consignment all or part of which consists of dangerous, verminous, infested, contaminated or condemned Goods including loss and/or damage sustained by the Courier to its own property and injuries or loss sustained by servants and/or sub-contractors or the Courier.

8 Third Parties

The Haulier shall be entitled to appoint sub-contractors ,Couriers and/or agents and it is hereby declared any sub-contractor of the Haulier and the employees of the Haulier and any such sub-contractor and also any person deriving title to the Goods from the Customer are third parties to this contract within the meaning of the Contracts (Rights if Third Parties) Act 1999and shall be entitled to enforce this contract accordingly.

 

9 Transit

9.1 Transit begins when the Goods are handed to or collected by the Haulier sub-contractors ,Couriers and/or agents for carriage

9.2  Transit shall be suspended:

9.2.1 When the Goods are held by the Haulier at some place other than the destination at the requestof or the convenience of the Customer or because the Customer or Consignee refuses or is unable to takedelivery at the destination

or:

9.2.2 when the Goods are detained for Customs purposes

9.3 Transit shall (unless otherwise previously determined) end:

9.3.1  in the case of Goods to be delivered by the Courier when they are tendered at the usual place of delivery within the customary delivery hours of the district, or at such other times or places as may be agreed between the Haulier and the Customer

9.3.2 in the case of Goods not to be delivered by the Courier awaiting order or collection, at the expiration of one clear  day after notice of arrival has been given either orally or in writing to the Consignee or, to the sender when the address of the Consignee is not known; provided that when the addresses of both the sender and the Consignee are not known, the said end shall be at the expiration of one clear day after arrival of the Goods at the place to which they are consigned.

9.4  The Courier shall be entitled to raise a charge in respect of any wasted time or needless journeys made or for any delay in attempting to effect collection or delivery of the Goods due to any default if theCustomer and/or Consignee in accordance with its own costings scales.

10 Means of transport

10.1  Goods accepted by the Haulier for carriage may be carried by such means of transport and by such route as the Courier thinks fit and these conditions shall apply to whatever means or routes by which the Goods are carried

10.2  Goods carried wholly or partly by water or air or rail shall in connection with liability in respect of such carriage be carried subject to the applicable Conditions of Carriage by water or air or rail of the carrier who carries the Goods such conditions to be read as though reference therein to water or air or rail carrier with reference to the Courier. In the absence of proof to the contrary where Goods are carried partly by land and partly by water or air or rail any loss damage or delay shall be deemed to have occurred whilst the Goods are being carried by road.

11 Loading and unloading

11.1  On collection or delivery at a Sender’s or Consignees premises the Haulier shall be under no obligation to provide any plant, power or labour for loading or unloading.

11.2  Subject to these Conditions, the Hauliers servants and/or employees have no authority to give assistance other than under supervision in the loading and unloading at the usual place of collection or delivery and the Courier shall not be liable for any loss damage howsoever caused including negligence attributable to such or to any other assistance given and the Customer shall indemnify the Courier against any claims made against the Courier as a result of any such other assistance given.

11.3 Consignments or part thereof requiring special appliances for unloading from a road vehicle are accepted for carriage only on the condition that the Customer has duly ascertained from the Consignee that such appliances are available at the destination. Where the Haulier is, without prior arrangement in writing having been made by the Customer, called upon to load or unload. Consignments or parts thereof for which special appliances are required, the Haulier shall be under no liability whatsoever to the Customer for any damage howsoever caused, whether or not by the negligence of the Courier and the Customer shall be responsible for and indemnity the Courier against any damage or liability which the Courier may suffer or incur either itself or in respect of loss, damage, vehicle damage or injury suffered by the Hauliers employees or any third party.

12     Dangerous goods

12.1  Except where the Haulier has agreed in writing signed by a Director, the Haulier does not contract to carry or store dangerous, verminous, infested, contaminated or condemned Goods.

12.2 Where the Courier accepts dangerous Goods (in this Condition 12 called ‘the Dangerous goods’) for carriage or storage the Goods will be carried or stored subject to all the foregoing Conditions and subject also to the special Conditions specified and referred to in this Condition and in the event of conflict between the said special Conditions and the foregoing , the special Conditions shall prevail.

12.3 The special Conditions relating to the carriage of the Goods are:

12.3.1 At the time of tendering the Goods for carriage or storage the sender shall supply the Haulier a declaration in writing giving adequate and sufficient information in relation to the nature of the Goods and the hazard presented (whether or not required in statute)

12.3.2  The Goods shall be properly and sufficiently packed and labelled in accordance with any requirements specified by he Haulier or otherwise with any statutory regulations in force applicable to the carriage of the Dangerous goods including but not limited to the C.P.L. and allied regulations

12.3.3 Any additional Conditions and/or requirements communicated to the Customer by the Haulier shall prevail

12.3.4 In case of non compliance with any of the provisions of this Condition:

12.3.4.1  in any event the Haulier shall not be under any liability whatsoever in respect of the dangerous Consignment save in the case of wilful misconduct by the Courier in which case liability shall be determined in accordance with these Conditions; and

12.3.4.2  the Customer will be responsible for and indemnify the Haulier, his employees, agents and sub-contractors against loss or damage and claims made upon it for which it may be or become liable in respect of injury to persons or damage to property unless the Customer proves that the loss or damage or injury is due to wilful misconduct of the  Haulier, his employees, agents and sub-contractors.

12.4 The Haulier shall not be liable for loss of, or damage or delay to the Goods unless the Customer proves that such loss, damage or delay was not caused wholly or partly by failure on his part to comply with any of the special Conditions in paragraph 13.3 hereof.

12.5 The Haulier may at any time at the sender’s sole risk and expense return the whole or any part of the dangerous Consignment to the Customer (who shall receive it at once) or destroy or otherwise dispose of the whole or any part thereof if the Courier is of the opinion that it is necessary or advisable to do so.

13 Payment

13.1 The Customer shall pay for the delivery service within 30 days of the date of invoice, ass hown on the Hauliers’ invoice without set off or deducting counter claim, save in the case where a different term is agreed between the Courier and the Customer. This will be noted on the invoice.

13.2 In default of payment the Courier shall be entitled to charge a handling fee of 50% from the date of first invoice

13.3 The customer shall be liable for late payment charges, as defined under the late payments ACT1998... this being between £1000 for failure to settle within agreed timescales agreed at outset of order. Interest WILL also be applied at the discretion of Sameday European Xpress  Light Haulage, at the prevailing rateabove base, as with the Bank of England at time of order. In addition to this any legal or other costs incurred in pursuing late payments will also be met by the Customer

14 Time Limits for Claims

14.1 The Haulier shall not be liable for any damage to Goods or delay unless it is advised in writing within 5 days of delivery or the date specified for delivery in regard to Goods not actually received.

14.2 In any event any damaged Goods must be shown immediatly and made available to the Haulier for inspection.

14.3 The Haulier shall not be liable for any loss or mis-delivery unless it is advised in writing by the Customer (otherwise than upon delivery of the Courier’s documents) within 24 hours of transit commencing and the claim is made in writing within 3 days after transit began

14.4 The Haulier shall in any event be discharged from all liability whatsoever in respect of the Consignment unless proceedings are comm enced within a period of 14 days from the termination or transit or, in the case of loss mis-delivery or non delivery of the whole Consignment, from the said days referred to in Clause 14.3.

15 Hauliers Lien

The haulier shall have a general lien against the owner of the Goods for any money due from the Customer or such other owner to the Courier and if any such lien is not satisfied within a reasonable time the Courier may in its absolute discretion sell all or part of the Goods as agent for the owner and apply the proceeds towards the money due and the expensesof retention insurance and sale of the Goods and shall on accounting to the Customer for any surplus be discharged from all liability whatever in respect of the Goods.

16 Rates and Cancellation Charges

16.1 Rates are published and available on request, and subject to review, which will be  communicated without delay to the customer.

16.2 Unless otherwise agreed at time of booking rates will reflect those set out in  16.1 above,included within that are charges for waiting time, congestion charge and minimum job rates

16.3 Upon a cancellation of a job, by the customer, where the goods have already been collected or not, 'In Transit’ or as defined in section 9 of these terms and conditions, a charge of 50% will be awarded; or mileage, travelled to and from and to collection point or alternative destination, calculated at the rate per mile (as noted on the Rates List) whichever is the lesser amount. Otherwise a minum charge of £35 will apply to all other cancelled orders.

17 The contract

The contract and these Terms and Conditions shall be construed and governed by the Laws of England

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