TERMS AND CONDITIONS OF BUSINESS
1. In these Terms and Conditions ("the Terms") unless the context otherwise permits or requires the following expressions shall have the following meanings:-
(a) "the Company" means [National Courier Association member to Insert own corporate name and address here], its employees, agents or any appointed contractor;
(b) "The Client" means any person, firm or company requesting the Company to transport a Consignment and includes:-
(i) the person who signs the order form on the reverse of these Terms or any person firm or Company on whose behalf it has been signed; and
(ii) any servant agent or sub-contractor of the Client;
(c) "Consignment" means any communication, parcel, package, envelope, letter or other items contained in one parcel, envelope or package or any number of separate parcels, envelopes or packages sent at one time, in one load, at the request of the Client from any one collection Point to any one Delivery Point;
(d) "Collection point" means the address to which any Consignment is to be collected or received by the Company;
(e) "Delivery Point" means the address to which any Consignment is to be delivered by the Company including any alternative Delivery Point specified by the Client under Clause 7(1) below;
(f) “Dangerous Goods" means any goods which are specified in the special classification of dangerous good issued by the British Railways Board or goods of a similar nature or which present a comparable hazard.
ACCEPTANCE OF TERMS AND CONDITIONS
2. (1) Any consignment or other business undertaken by the Company or any information advice or service supplied by the Company, (whether charged for or not) is undertaken or provided subject to these Terms only and shall only be varied with the written agreement of the Company.
(2) These Terms subject to and together with any variation agreed in writing between the Company and the Client shall constitute the entire contract between the Company and the Client and shall override or supersede any previous agreement or arrangement between the Company and the client and in particular shall operate to the exclusion of any terms and conditions at any time refereed to or purportedly imposed by the Client. On acceptance by the Company of any Consignment the Client shall be deemed to have accepted these Terms.
(3) These Terms shall alone govern the Contract to the exclusion of any other conditions of the Client notwithstanding that they may be set out in any order, invoice, acceptance or other document used by the Client in dealing with the Company. The Client acknowledges that the presence or continued presence of its own standard terms and conditions on its documents any time during its dealings with the Company under this Contract is only a matter of administrative convenience to the Client and is not intended by the Client to qualify or amend these Terms in any way.
(4) The Client acknowledges that it has not entered into this Agreement relying upon any representation made by or on behalf of the Company and in particular the Client has not relied upon any correspondence, statement or sales literature issued by or on behalf of the Company.
3. The Company is not a common carrier and reserves the right at its absolute discretion to:
(i) subcontract any part or parts of a delivery;
(ii) refuse to accept any Consignment or part thereof for delivery;
(iii) deliver the Consignment by any available route;
(iv) refuse to accept Dangerous Goods or any Consignment containing Dangerous Goods for delivery.
4. (1) The Client hereby warrants that:
(a) The Consignment does not constitute or contain Dangerous Goods or any substance the possession, storage or delivery of which is a criminal offence or a breach of the provisions of any relevant statute regulation or bye-law under the laws of any part of the United Kingdom or of any jurisdiction to or through which the Consignment is to be delivered or in which it may be stored;
(b) The Client has authority in respect of the Consignment to authorise collection and delivery by the Company from the Collection Point to the Delivery Point;
(2) The Client hereby agrees to indemnify the Company against and hold the Company harmless from any loss damage claim cost or expense which the Company may incur directly or indirectly as a result of any breach of the warranty given in Clause 4(1) above.
5. (1) The Company shall use its reasonable endeavours to deliver the consignment to the Delivery point within the time specified by the Client, but time of delivery shall not be of the essence unless agreed by the Company in writing prior to the placing of the order.
(2) The Company shall take all reasonable steps to obtain a receipt from the consignee or his or its employee agent or sub-contractor and such receipt shall be conclusive evidence of the date time and place of delivery.
6. (1) The Company shall make one attempt to deliver a Consignment to the Delivery Point within the delivery time specified by the Client. If the Consignment cannot be delivered the Company will have the option to either make a further attempt to deliver the Consignment to the Delivery Point or to deliver the Consignment to any other Delivery Point specified by the Client. In either event at the Client's cost.
(2) If delivery does not take place under the provisions of Clause 6(1) other than by reason of any failure or default of the Company or if the Client does not specify an alternative Delivery Point within 24 hours of being requested to do so by the Company, the Client shall be liable to the Company for all storage charges incurred by the Company between the date on which delivery was first attempted and the date on which delivery is made under the provisions of Clause 6(1) above or the date of sale of the Consignment under the provisions of Clause 6(3) below.
(3) If delivery does not take place under the provisions of Clause 6(1) the Company shall be entitled to dispose of the Consignment or any part thereof at any time after giving the Client 7 days written notice of its intention to do so.
(4) The Company shall be under no obligation to deliver a Consignment or Consignments as a whole at any one time and shall be free in its absolute discretion to make more than one delivery or to deliver in parts.
7. The Company shall not be under any obligation to provide any plant, equipment, machinery, power or labour which may be required for loading or unloading the Consignment at the Collection point or the Delivery Point.
8. Any Consignment or part thereof requiring any special appliance or equipment for loading on to and/or unloading from any vehicle is accepted for carriage only on the condition that the Client has duly ascertained that such appliances are available at the Collection and Delivery Points and the Client shall be responsible for the provision and cost of such appliances or equipment.
9. Any assistance given by the Company beyond the usual act of collection or delivery (including without prejudice to the generality of the foregoing the provision of plant, machinery, equipment, power or labour for loading or unloading at the Collection or Delivery Points) shall be at the sole risk of the client who will save harmless and keep the company indemnified against any damage expense loss costs claims or demands (including without limitations damage to the Consignment or to any property of the Client, the Company, the consignee or any third party whether or not arising out of the negligence of the Company) arising directly or indirectly from the provision of such assistance.
LIABILITY FOR LOSS AND DAMAGE
10.1 Subject to the provisions of Clauses s, 9, and 11 the Company shall not be liable for any loss mis-delivery non-delivery or damage to any Consignment unless such loss, mis-delivery non-delivery or damage has arisen from any wilful default by or negligent act or omission of the Company.
10.2 The Company shall not be liable for damage to or loss of a Consignment unless and until it has collected the Consignment from the Collection Point and its liability for loss of or damage to the Consignment shall cease on which ever of the following events first occurs;-
(a) delivery of the Consignment to the Delivery Point as first advised to the Company by the Client;
(b) the tendering by the Company or the Company offering to and being ready willing and able to tender delivery of the consignment to the Delivery Point as first advised to the Company by the Client;
(c) delivery of the Consignment to any alternative Delivery Point as specified by the client under clause 7(1) above;
(d) the tendering of delivery by the Company or the Company offering to and being ready willing and able to tender delivery to an alternative Delivery Point as specified by the client under Clause 6(1) above.
LIMITATION OF LIABILITY
11. (1) Subject to Clauses 5, 9 and to Clause 10 hereof the liability of the Company to the Client arising from any loss or damage to any Consignment or for non-delivery or mis-delivery thereof shall be limited to the replacement value of the Consignment whether such loss or damage non-delivery or mis-delivery arises by reason of breach of contract or negligence on the part of the Company or its employees, agents or sub-contractors or otherwise howsoever. Provided that: -
(i) the liability of the Company shall in any case be limited to £[ ] in respect of any one Consignment, except where the client requests an overnight service for delivery to be made the following working day. In which case liability shall be limited to £[ ] per Consignment provided always that the £[ ] limit on liability shall apply to such overnight deliveries if the Client agrees to pay the additional insurance supplement by completing the relevant section of the Consignment note relevant to such overnight delivery;
(ii) the Company shall not in any case be liable for any indirect consequential or economic loss or damage incurred by the Client or any third party;
(iii) the Company shall not be liable in respect of any loss or damage to any Consignment that cannot be carried within lockable equipment normally provided by any vehicle requested by the Client from the Company for delivery of such consignments or if the Consignment is not properly packed or prepared for transit in parcels, envelopes or packages suitable for transit of goods, items or matters of a nature comprising the Consignment or any part thereof;
(iv) the Company shall be entitled to receive written evidence to its reasonable satisfaction of the value of the Consignment damaged or lost;
(v) notwithstanding any provision to the contrary in the Terms the Company shall not be liable for loss of or damage to non-delivery or mis-delivery of any cash, notes, stamps, deeds, tickets, travellers cheques, jewellery, watches, precious metals, works of art or similar valuable articles;
(vi) the Company shall not be liable for any loss or damage suffered by reason of:
(a) the failure of the Client to address the Consignment properly;
(b) delivery of the Consignment in good faith at the Delivery Point to a
person claiming to be the consignee or his or its employee agent or sub-contract or;
(c) any breach of the warranty given by the Client in Clause 4 above;
(d) the inability of the Company to perform its obligations due to any
circumstance beyond the reasonable control of the Company including
(without prejudice to the generality of the foregoing) any strike lock-out
state of hostilities or climatic conditions;
(vii) the Company shall not be liable for any loss of, or damage, to a Consignment unless a claim is made upon the Company in writing:
(a) within [seven] days after completion of the delivery; or
(b) in the case of loss mis delivery or non delivery within twenty eight days of acceptance by the Company of the Consignment concerned;
(viii) the Company shall not be liable for any damage to or deterioration or perishing of goods of a perishable or fragile nature except where such damage deterioration or perishing occurs by reason of any default or neglect on the part of the Company (and subject always to the provisions of Clauses 5 and 11 (1) (iii)) or for reasonable wear and tear incurred during transit or storage;
(ix) the limit referred to in Clause 11 (1) (i) shall only apply to loss or damage occurring within the geographical limits of Great Britain, Ireland, the Channel Islands and the Isle of Man, including journeys within these areas. For deliveries outside these areas, liability shall be restricted to the amount recoverable by the Company and actually recovered (whether under any convention relating to international carriage of goods from time to time in force or otherwise) from the international agent or carrier, chosen of the Company's absolute discretion to deliver the Consignment.
(2) The Company and the Client have freely and openly negotiated this Contract in the knowledge that the liability of the Company is to be limited in accordance with these Terms and the price charged by the Company has been calculated accordingly. The Client acknowledges that a greater price would be payable but for such limitation. It is intended that the terms and conditions should be reasonable as between the Company and the client having regard to the nature of the contract, but if at any time any of them is either unenforceable or void at law it shall not adversely affect or prejudice the remainder of them or the contract and it shall be deemed to be excluded from these terms and conditions.
(3) The Client shall (or the Company shall at the Client's written request and at the client's expense) insure the Consignment against all risks (or such risks for which insurance is readily available on ordinary terms and at normal rates) for a sum equal to the amount by which the Consignment's replacement value exceeds the limit of the Company's liability pursuant to Clause 11(1) (i)
12. (1) The Client shall in respect of delivery of any Consignment pay the Company's charges in accordance with the Company's current tariff of charges within thirty days from the date of the Company's invoice thereof. The Company reserves its right to increase its charges at any time. The tariff of charges is available for inspection by the Client at the Company's office(s) (and a copy will be provided on request) and the tariff shall be deemed to have been inspected by the Client whether or not actually inspected.
(2) The Company may at its absolute discretion withdraw credit facilities at any time.
(3) No quotation or estimate of charges given by the Company shall bind the Company unless expressed in writing to be a fixed quotation with a date to which such fixed quotation shall be valid in which case the quotation or estimate must be accepted by the Client and delivery must take place prior to that date.
13. The client shall pay to the Company VAT on all monies due to the Company at the appropriate rate in force from time to time.
14. Unless paid within thirty days of the date of invoice from the Company, the Company shall be entitled to interest on any unpaid sum at the rate of two per centum per month computed from the date of any such unpaid invoice or invoices until the payment of such sum and computed on a daily basis both before and after judgement.
15. For the purpose of the Terms the price stated in the current tariff of charges of the Company shall be deemed to be a basic price and any other expenses incurred by the Company on the Client's behalf (such as payments for Red Star Parcels or gratuities) shall be added to such sum with VAT (where applicable) at the appropriate rate.
16. All monies due to the Company shall be payable to the Company in sterling.
17. The Company shall have a lien over a Consignment in respect of any unpaid invoices whether relating to a particular Consignment or otherwise and the client appoints the Company its attorney and agent to sell or otherwise dispose of the same and to apply the net sale proceeds in reduction or extinguishment of the client's liability to the Company.
18. No payments due to the Company from the Client shall be withheld by the Client in respect of any claim or alleged claim by the Client or the consignee against the Company howsoever arising and whether by way of set-off counterclaim or otherwise.
19. The client agrees to indemnity the Company for all costs and expenses including legal fees and expenses in respect of the recovery of any outstanding amounts due under this contract.
LAW AND JURISDICTION
20. These Terms and Conditions shall be subject to the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.
Copyright in these terms and conditions vests in Concord Couriers Limited who have licensed their use solely to the National Courier Association and its members.