8. PAYMENT AND PRICING CONT...
· In respect of goods being carried outside of the United Kingdom and the Republic of Ireland, the Customer shall pay to the Company any unusual expenses incurred by the Company as a result of it conveying the goods.
· Whether or not delivery of the goods is made to the address to which they are consigned, immediately upon receipt of the Company’s duty invoice in respect of such duty and/or tax and/or levy the Customer shall settle such duty invoice in full;
· In the event of any Customer failing to comply strictly with Sub-Clause 8(h)(ii) above, the Company shall be at full liberty to deal with the goods in accordance with Clause 15.
· If the goods are not ready for collection by the Company at the place and time agreed the Company will make a charge for "Nothing to Collect".
9. LIABILITY FOR LOSS AND DAMAGE
· Subject to the provisions of this clause and of clauses 4, and 12, the Company shall be liable for any physical loss of, or physical damage to, goods during transit as defined in Clause 7, and storage other than storage under clause 7(c)(ii), except to the extent that such loss or damage has arisen from or consists of :-
· the Customer or consignee not taking or accepting delivery within a reasonable time;
· insufficient or improper packing, labeling or addressing, including incorrect or missing postcode information;
· damage or breakage of articles of, or for that part of any articles that comprises of china, glass, porcelain, earthenware or other similar materials;
· consignments containing any form of liquid;
· act or omission of the Customer or owner of the goods or of the servants or agents of either;
· Inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods, wear and tear, depreciation, moths, vermin, or the effect of any process of cleaning, dyeing or restoring any article;
· Act of God.
· Seizure under legal process.
· any consequence of war, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property by or under the order of any government or public or local authority, riots, civil commotion, lockouts, general or partial stoppage or restraint of labour from whatever cause, pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds, the direct or indirect effect of ionizing radiations or contamination by radioactivity. PROVIDED THAT the Company shall not be under any liability of any kind for a Consignment or other goods:-
· where there has been fraud by the Customer or the owner of the goods or the servants or agents of either; or
· For the avoidance of doubt, where the Consignment was not in transit (as defined in Clause 7) at the time of the loss.
10. LIMITATION AND EXCLUSION OF LIABILITY
· Subject to Clauses 4, 9, 11, 12 and 13 hereof, the Company’s liability for the loss of or damage to any goods shall be limited to the lesser of:
· For goods carried within the British Isles (such terms to include Northern Ireland, Republic of Ireland and all islands off the coast of Great Britain, including the Channel Islands):
· For “Economy Cover” £50 per Parcel
· For “Standard Cover” £100 per Parcel
· For Pallets, the limit of liability will be £1.50 per kg of gross weight lost or damaged with a
· maximum liability of £1500. If a Pallet weight is undeclared on the Consignment Note, the
· maximum liability is £150.
· For all International Services:
· i(i) If carriage by road, the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) May 1956 Geneva and Protocol of July 5th 1978 Geneva, apply, or;
· i(ii) If carriage by air, up to £100 per Consignment, unless the Warsaw Convention of 1929 as amended by the Protocol signed in the Hague on September 28th 1955, operates.
· For goods held in storage or for other services the Company’s liability shall not exceed a total £0.10 per kilo gross weight lost or damaged, with a maximum liability of £1000. If no weight is declared then our maximum liability will be equal to one tonne.
· For all Consignments undertaken by “Special Services”, these services shall be subject to the current BIFA (British International Freight Association) Conditions.
· The replacement cost of lost or damaged goods, or
· The repair cost of the damaged goods. Whether such loss or damage was due to the fault or negligence of the Company or otherwise, the Company shall be entitled to require proof of value of goods lost or damaged.
· (B) Notwithstanding Sub-Clause (A) above, the Company shall, in no circumstances whatsoever, (unless required under CMR or Warsaw Convention), including negligence, nuisance, breach of contract or nonperformance by the Company, be liable to the Customer for:
· any indirect or consequential loss or damage of any kind (including, without limitation, loss of business and loss of goodwill), or for any loss of profits or interest cost and for the avoidance of doubt, the cost of recompiling the information contained on the goods.
· in the case of Consignments consigned to or from Northern Ireland, the Republic of Ireland and islands off the Coast of Great Britain, including the Channel Islands, or to other destinations by sea the Company shall have no liability for any loss in excess of the liability specified herein.
11. EXTENDED COVER
For goods carried within the British Isles on the Parcels Network:
· If the Customer has paid or agreed to pay the Company’s charge for “Extended cover” and the Company has agreed to the extension, the Company’s liability for the loss of or damage to any Consignment on all services shall:
· be limited to a maximum of £10,000 per Consignment, as calculated by reference to the actual value of the Consignment pursuant to Clause 11(b);
· where the Company has agreed in writing to provide “Extended Cover” at a rate by weight, be limited to a maximum of £15 per kilo or £10,000 per Consignment, whichever is the lesser, and the calculation of the “Extended Cover” shall be based on the declared weight on the Consignment Note;
· under Sub-Clause (i) above, the Company shall be limited to that proportion in the case of partial loss or damage which the weight of the part lost or damaged bears to the total weight of the whole Consignment;
· PROVIDED THAT, subject to Clause 11(b), nothing in this Sub-Clause shall limit the liability of the Company for damages below the sum of £50 in respect of any one Consignment.
· The actual value of any goods lost or damaged shall be ascertained by reference to its repair, replacement, resale or fair market value at the time and place of collection, whichever is less. In no event shall such value exceed the original cost of the item actually paid by the Customer, plus 10%.
· If a Customer requires “Extended Cover”, he shall fully disclose to the Company, should it so request, the nature of goods to be carried. The Company shall, in its sole discretion, decide whether “Extended Cover” shall apply to any Consignment for which it is required. For the sake of clarification, “Extended Cover” is only available for Parcels, Freight Parcels, Express Pak and Express Pak Europe.
12. CLAIMS FOR COMPENSATION
· The Customer must notify the Company of any loss or damage giving rise to a claim within 14 days of the date of despatch of such loss or damage and confirm it by notice in writing within 28 days of the date of despatch otherwise than on a delivery receipt.
· If the Customer fails to do so, the Company shall not be liable for any loss or damage, save and except where the Customer proves that :-
· it was not reasonably possible for the Customer to advise the Company or make such claim in writing within the time limit applicable; and
· Such advice or claim was made within a reasonable time;
the Company shall not have the benefit of exclusion of liability afforded by this clause.
In the event of a claim for damage, the Customer/Consignor/Consignee must ensure that the Consignment and its packaging is held for inspection at the delivery point.
· Labour is excluded from repairs.
13. CUSTOMERS’ INDEMNITY
· The Customer shall indemnify and keep the Company indemnified against all loss, damage, costs or expenses, howsoever arising, including the negligence of the Company, in respect of any damage or loss of every nature beyond the liability of the Company under these Conditions.
· The Customer shall, in addition to its obligations under Clause 8, indemnify the Company against any duty, tax or levy not expressly agreed to be paid by the Company under the Contract.
15. LIEN AND DISPOSAL OF GOODS
· The Company shall have a lien on all goods carried for the Customer for any amount due to the Company whether pursuant to the Contract or otherwise and for the cost of recovering the same.
· If the amounts owing to the Company in respect of which it has a lien are not satisfied within a reasonable time of the commencement of transit as defined in Clause 7, the Company shall be at full liberty to :-
· sell the goods either privately or by auction and to apply the proceeds of any such sale in or towards any monies owing to it and the expense of the sale and shall account to the Customer for the balance remaining if any; or destroy the goods if any sale under sub-clause (i) is impractical in the opinion of the Company due to the value or saleability of the goods in question, or otherwise; and such sale or destruction as the case may be shall be a full discharge of any liability of the Company in respect of the goods.
17. PROOF OF DELIVERY
· The Consignee/Receiver shall, if so required, sign a POD as proof of delivery of the Consignment. Any record of the Consignee’s/Receiver’s signature obtained from the driver shall be conclusive evidence of the delivery of the quantity of parcels comprised in the Consignment.
18. PERFORMANCE
· The Company shall be relieved of its obligation to perform the Contract to the extent that performance thereof is prevented or delayed by fire, severe weather conditions, industrial dispute, labour disturbance, delay by any government or public or local authority, including the customs of any country where the goods are carried and other causes beyond the reasonable control of the Company and for the avoidance of any doubt the Company’s charges shall be payable in full in such circumstances, without prejudice to the Company’s rights at common law to treat the Contract as frustrated.
19. SEVERABILITY
· If any of these Conditions or any part is held to be invalid for any purpose, it shall for that purpose be deemed to have been omitted, but shall not prejudice the effectiveness of the rest of these Conditions.
20. INTERPRETATION AND JURISDICTION
· The Contract and these Conditions shall in all respects be subject to and construed in accordance with English Law and the parties to the Contract hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
· The Company may from time to time monitor and/or record telephone calls for the purposes of staff training.
