DEFINITIONS

in these Conditions

·        "Customer"shall mean the person, firm or company that enters into a contract of carriage or other services with the Company

·        Contract" shall mean the contract of carriage or other services between the Customer and the Company which shall be deemed to be incorporated into these Conditions.

·        "Agent"shall mean a person who acts on another’s behalf.

·        "Consignment" shall mean goods contained in one Parcel or any number of separate Parcels or goods on a pallet or any number of pallets sent at one time in one load by or for the same Customer from one address or to one address.

·        Dangerous Goods" means goods included in the list of Dangerous Goods as defined in the Classification, Packaging and Labeling of Dangerous Substances Regulations 1984, the Classification and Labeling of Explosives Regulations 1983, the Radioactive Substances (Carriage by Road) (Great Britain) Regulations 1974, the Packaging of Explosives for Carriage Regulations 1991, the Carriage and Explosives by Road Regulations 1996 including any other relevant legislation or regulations together with any amendments thereto, or means goods which present a comparable hazard.

·        "Special Services" shall mean services tailored to the customer’s individual requirements."

GENERAL

·        The Company agrees, subject to the Customer’s observance at all times of these Conditions, to carry Consignments agreed upon by the Company and the Customer, or to store goods in a building occupied by the Company, or to provide other services as agreed upon by the Company and the Customer.

·        The Company is not a common carrier and will accept goods for carriage only on these Conditions.

·        These Conditions shall solely apply to any agreement between the Company and the Customer relating to carriage or other services and the Customer shall be deemed to have notice of these Conditions if and as soon as he places an order with, or accepts a tender, from the Company for the carriage of goods or other services.

PARTIES AND SUB-CONTRACTING

·        Where the Customer is not the owner of some or all of the goods stored or carried he shall be deemed for all purposes to be the Agent of the owner or owners and that if any other person has an interest in the goods the Customer is acting as his fully authorized Agent also.

·        The Company may employ any other carrier or warehouseman to fulfill the Contract. Any such carrier shall have the power to sub-contract and these Conditions shall apply to such carriers on like terms.

4. GOODS NOT ACCEPTED FOR CARRIAGE OR STORAGE

·        The Company shall not accept any of the following goods for carriage or storage unless the Chief Executive of the Company has notified the Customer in writing that they are accepted, and unless such notice has been given in writing no liability whatsoever, including losses arising from negligent acts of the Company, shall arise in respect of them to the Customer:

·        Dangerous goods, hazardous goods, flammable goods or

·        Firearms, works of art, jewellery, cash, glass, negotiable instruments (including cheques and any vouchers with a face value), precious metals, antiques, furs or any other valuables, wines, spirits or living animals, fish, birds or any other living organism of any type, frozen or perishable food, or

·        Any goods prohibited by the law or regulation of any government or public or local authority of any country where the goods are carried.

6. CONSIGNMENT NOTES

·        The Company shall, if so required, sign a document prepared by the consignor, acknowledging receipt of the Consignment or goods for other services, but no such document shall be evidence of the condition or correctness of a declared nature, quantity or weight of the Consignment at the time it is received by the Company.

7. TRANSIT AND UNCLAIMED GOODS AND UNDELIVERED GOODS

·        Transit shall commence when the Consignment is handed to the Company whether at the point of collection or at the Company’s premises. The Company is entitled to convey goods by any means of conveyance and by any route whatsoever.

·        Transit shall (unless otherwise previously determined) end when the Consignment is offered for delivery at the usual place of delivery at the consignee’s address within the customary delivery hours of the district; PROVIDED THAT, when for any other reason whatsoever a Consignment is held by the Company “to await order” or “to be kept until called for” or upon any like instructions and such instructions are not given, or the Consignment is not called for and removed within a reasonable time, then transit shall be deemed to end. The Company shall store such Consignment subject to all goods being solely at the Customer’s risk and subject to disposal in accordance with Clause 15.

·        Where, for any reason whatsoever the Company is unable to convey the Consignment to the address to which it is consigned, or to effect delivery at the said address:

·        the Company shall endeavor to communicate with the Customer and request a new address to which the Consignment can be delivered in the country in which the Consignment is then lying;  

·        If the Company is unable to communicate with the Customer within a reasonable time, or if it is not provided with a new address for delivery by the Customer within a reasonable time, the Company shall be at liberty to deal with the goods in accordance with Clause 15. Prior to any disposal or destruction in accordance with Clause 15 the goods shall be held solely at the risk of the Customer.  

·        The decision as to what constitutes a reasonable time under Clause 7(c) to be entirely at the discretion of the Company.

8. PAYMENT AND PRICING

·        The Company’s charges for carriage and other services shall be payable by the Customer; however, the Company shall also have the right to demand and obtain payment from the sender or the consignee, if different from the Customer, or from any other person who may be liable to pay the charges.

·        Payment of the Company’s charges is due no later than the date specified on the Company’s invoice/statements or such other period as may be expressly agreed with the Customer in writing by the relevant Manager

·        A claim or counterclaim by the Customer shall not be made the reason for deferring or withholding payment or monies payable, or for refusing to reimburse liabilities incurred by the Company.

·        The Company shall be entitled at any time and from time to time to increase the Company’s charges for carriage or other services by giving to the Customer not less than 7 days prior written notice to accord with increases in relevant costs of the Company’s business such as, but not limited to, fuel, license fees, and labour.

·        The Company reserves the right to charge a fee of £15 to the Customer for any goods which require booking in at the delivery point.

·        In the event that the Company pays or agrees to pay to any third party any duty and/or taxes and/or levy in respect of any Customer’s goods:

·        The Company shall do so on the sole basis that in doing so it is acting as the Customer’s fully authorized agent;