Terms
and Conditions of Courier Please Ltd
All deliveries and services are subject to
our standard Terms and Conditions which are set out below
Courier Please FULL Terms and Conditions of
carriage and service
By using our services you agree to abide by the
following Terms and Conditions:
1 Parties
The parties to this agreement are:
1.1 Courier Please Ltd (‘the Courier’) which expression
shall be where the context allows include his employees agents and
sub-contractors
1.2 The person firm or company named as Customer on any delivery
note waybill or any other official documentation
2 Definitions
‘Sub-Contractor’ means any person whose services the
Courier engages or makes use of to perform the whole or any 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
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 of title to property, Jewellery,
Precious stones, gold, silver, platinum, Other precious metals,
Non-ferrous metals other than in components, Furs, Watches, Cassettes,
videos Spirits, tobacco and cigarettes
“Consequential Loss” 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.
“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 parcels 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 excluded.
3 Courier’s obligations
3.1 The Courier shall use its best endeavours to deliver the goods
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
3.3 The Courier shall not be liable for loss of or damage to or
mis-delivery or delayed delivery of the goods occasioned by:
3.3:1 act of God including but not limited to storm tempest or flood
3.3:2 act of war hostilities riot or civil commotion or the threat
or fear of such conditions prevailing
3.3:3 criminal malicious or negligent actions or acts or omissions
of third parties
3.3:4 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 of 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, 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 any interest in the
goods
3.3:10 Insufficient or improper packing labelling or addressing
3.3:11 Goods becoming unwrapped or unpacked whilst in transport.
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
beneficially entitled to the Goods or has the authority of all those
interested in the Goods to enter into this contract and to bind
them to its terms
4.2 In the event of any 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 the 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 instructions requested by the Courier in pursuance
of clause 3 above as soon as reasonably practicable
4.4 To make all payments as provided in clause 13 below
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 otherwise declared by the Customer (and pro
rata in the case of an event affecting part only of the goods) or
the cost of repairing any damage or of reconditioning the goods
subject always to a maximum liability of £1,000 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 misdelivered 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.
5.2 The liability of the Courier for 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 has agreed 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 is occasioned during transit and is proved to be due to
the 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 scertained 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 willful 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 willful 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 Payment to be made by the Due Date as shown on our invoice
13.2 In default of payment the Courier shall be entitled to charge
interest on a daily basis at the rate of 15% per annum chargeable
from the date the invoice was due to be paid and up until final
payment is made. In addition to any other charges and or fees that
may be added and as set out in 13.3 and 13.4.
13.3 The company, may, at its discretion, charge an account handling
fee commencing at £40.00 per month per late invoice for an
invoice up to the value of £999.99. Invoices between
£1000.00 and £9999.99 the charge rate will be £70.00
per month. These fees are in addition to any interest or other charges
being added to the unpaid invoice.
13.4 Any additional fees incurred by the company in its pursuit
to recover its owed funds will be added to any outstanding balances.
These fees are in addition to any interest or other charges being
added to the unpaid invoice. All legal fees incurred will also be
payable by the debtor.
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 7 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 miss-delivery
unless it is advised in writing by the Customer (otherwise than
upon delivery of the Courier’s documents) within 7 days of
transit commencing and the claim is made in writing within 10 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 six months from the termination or
transit or, in the case of loss miss-delivery or non-delivery of
the whole Consignment, from the said 7 days referred to in Clause
15.
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 Cancellation Fee
If you or a company book Courier Please Ltd either verbally or in
writing to perform a task and or service and for any reason the
booking is cancelled Courier Please Ltd may at its discretion charge
a cancellation fee. The charged fee will be not less than half of
the quoted job or the work that was required to be performed. If
no quote was requested or issued then a minimum fee of not less
than £50.00 will apply for the cancellation of the requested
task and or service that was to be performed. Our normal terms and
conditions will apply for payment as shown in section 13, above.
The above fee applies whether our Application for Commercial Credit
form was filled in and sent to this company or not.
17 The contract and these Terms and Conditions
shall be construed and governed by the Laws of England.
Our registered office is:
Courier Please Ltd
Regency House,
61a Walton Street
Walton on the Hill
Surrey
KT20 7RZ
Company Number is 05102033 Vat number is 835
4305 37 |
