Conditions of carriage for courier service
1 The Parties:
The parties to this agreement are:
1.1 Fairway Marine Services Ltd T/A watfordcouriers.co.uk (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 - overleaf
- (‘the Customer’)
2 Definitions
‘Sub-Contractor’ 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 lost 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
“Consequential Loss” shall include without limitation
all economic losses 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
liability to or claims by any third party.
“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 Courier’s 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 loss, or delay in
delivery, caused by the unavailability at the delivery address
of the consignee or other authorised recipient, or where transit
is otherwise suspended as per sect 9.2.
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 or any of the matters
set out in clauses 3.3.1 to 3.3.5 inclusive
3.3.7 Fire-lighting 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
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 Courier
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 the 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.
5.2 The liability of the Courier for the delay in delivery (where
the Courier’s liability is not otherwise excluded) shall
not exceed a sum equal to 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 be liable 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 Courier its servants or agents.
5.4 The Courier shall not in any event be liable for any consequential
loss whatsoever and howsoever 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 submit for carriage and the Courier
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 above
he shall immediately notify the Customer of the circumstances
but shall 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 including parts
of any 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 Courier in respect of the whole
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 Courier’s responsibilities and liabilities
are defined in these conditions and the Customer shall save harmless
and keep the Courier indemnified from and against all claims
costs and demands of whatsoever nature and by whomsoever made
and howsoever arising from negligence or otherwise in excess of
the liability of the Courier under these Conditions arising
directly 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 Courier 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 Courier
any Consignment containing dangerous, verminous, infested, contaminated
or condemned goods unless he shall first have given to
the Courier in writing full details of the same and obtained the
written agreement of the Courier to the submission of such Consignment.
7.4 The Customer will be responsible for and will indemnify the
Courier against all losses damage and claims of whatsoever 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 of the Courier.
8 Third Parties
The Courier shall be entitled to appoint sub-contractors and/or
agents and it is hereby declared any sub-contractor of the Courier
and the employees of the Courier 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
of Third Parties) Act 1999 and shall be entitled to enforce this
contract accordingly.
9 Transit
9.1 Transit begins when the goods are handed to or collected by
the Courier for carriage.
9.2 Transit shall be suspended:
9.2.1 When the goods are held by the Courier at some place other
than the destination at the request of or for the convenience
of the Customer or because the Customer or
Consignee refuses or is unable to take delivery at the destination
or;
9.2.2 when the goods are detained for Customs purposes;
and shall be resumed when the Courier resumes the carriage of
the goods.
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 Courier 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 consignee are not
known, the said end shall be at the expiration of one clear day
after the 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 or needless journeys made or for any delay in attempting
to effect delivery of the goods due to any default of the
Customer and/or consignee in accordance with its own costings
scales.
10 Means of transport
10.1 Goods accepted by the Courier 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 were
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 Consignee’s
premises the Courier shall be under no obligation to provide any
plant, power or labour for loading or unloading.
11.2 Subject to these Conditions, the Courier’s 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 or 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 Courier 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 Courier 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 indemnify the Courier against any damage or liability
which the Courier may suffer or incur either itself or in
respect of loss, damage or injury suffered by the Courier’s
employees or any third party.
12 Dangerous goods
12.1 Except where the Courier has agreed in writing signed by
a Director, the Courier 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 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 to the Courier 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 by statute).
12.3.2 The Goods shall be properly and sufficiently packed and
labelled in accordance with any requirements specified by the
Courier or otherwise with any statutory regulations
in force applicable to the carriage of the 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 Courier 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 Courier 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
Courier 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 the wilful misconduct of the Courier.
12.4 The Courier 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 Courier 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 Account Customers shall pay for the delivery service within
30 days of receipt of the Couriers’ invoice without set-off
or deduction or counterclaim.
13.2 Unless previously agreed otherwise, all non account customers
shall pay for the delivery service prior to the courier taking
receipt of the item(s) to be delivered
13.3 In default of payment the Courier shall be entitled to charge
interest at the rate of 5% above the then prevailing base lending
rate of National Westminster Bank Plc from the date of invoice
14 Time Limits for Claims
14.1 The Courier shall not be liable for any damage to goods or
delay unless it is advised in writing within 21 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 made available to the
Courier for inspection
14.3 The Courier 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 28 days
of transit commencing and the claim is made in writing within
42 days after transit began
14.4 The Courier shall in any event be discharged from all liability
whatsoever in respect of the Consignment unless proceedings are
commenced within a period of one year from the termination or
transit or, in the case of loss mis-delivery or non-delivery of
the whole Consignment, from the said 28 days referred to in Clause
15.3.
15 Courier’s lien
The Courier 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 expenses of 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, a reasonable
charge will be raised which reflects the cost incurred by the
courier in taking / executing the job.
17 Terms and Conditions shall be construed and governed
by the Laws of England.
