| CONDITIONS OF CARRIAGE FOR COURIER SERVICE 1 Parties
The parties to this agreement are:
1.1 Construo Build Limited (‘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 Customer (‘the
Customer’)
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 Labeling
of Dangerous Substances Regulations (known as the C.P.L. Regulations),
and in the classification and labeling 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 specified overleaf 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-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 any interest
in the goods
3.3:10 Insufficient or improper packing labeling 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
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 as specified or 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 £5,000 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 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.
The above delivery is subject to our standard Terms
and Conditions which are set out below
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
6.3.8 Prohibited items
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 labeled 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 The Customer shall pay for the delivery service within
30 days of receipt of the Couriers’ invoice without
set-off or deduction or counterclaim
13.2 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
13.3 New customers would be obliged to pay on collection of
items
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 be 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 Governing law
The contract and these Terms and Conditions shall be construed
and governed by the Laws of England.
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