Terms & Conditions
DEFINITIONS
1. In these Terms and Conditions unless the context otherwise permits or requires the following expressions shall have the following meanings.
(a) "The Company" means European Courier & Hi-Tech Organisation Limited whose registered office is situated at 30 High Park Drive, Mill Park, Wolverton, Milton Keynes MK12 5TT.
(b) "The Customer" means any person entering into an agreement with the Company for the carriage of a consignment or consignments using the Company's services and includes, unless the context otherwise requires, his Principals, servants, agents, consignee and the owner of the Goods.
(c) "Consignment" means any communication parcel package envelope letter or other items contained in one parcel or package or any number of separate parcels envelopes or packages sent at one time in one load at the request of the Customer from any one Collection Point to any one Delivery Point.
(d) "Collection Point" means the address at which any Consignment is to be collected or received by the Company.
(e) "Delivery Point" means the address to which any Consignment is to be delivered by the Company including any alternative Delivery Point specified by the Customer under Clause 7(1) below.
(f) "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 Explosive Regulations and in the lonising Radiations Regulations and including any other relevant legislation or Regulations together with any amendments thereto, or means goods which represent a comparable hazard.
ACCEPTANCE OF TERMS AND CONDITIONS
2. (1) Any business undertaken by the Company or any information advice or service supplied by the Company (whether charged for or not) is undertaken or provided subject to these Terms and Conditions which shall be the conditions of any contract between the Company and the Customer for delivery of Consignments.
(2) These Terms and Conditions subject to and together with any variation agreed in writing between the Company and the Customer and shall override or supersede any previous agreement or arrangement between the Company and the Customer and in particular shall operate to the exclusion of any terms and conditions at any time imposed by the customer. On acceptance by the Company of any Consignment the Customer shall be deemed to have accepted these Terms and Conditions.
(3) The Customer acknowledges that it has not entered into this agreement relying upon any
representation made by or on behalf of the Company and without prejudice to the generality of the foregoing the Customer has not relied upon any correspondence statement or sales literature issued by or on behalf of the Company.
3. The Company is not a common carrier and will only carry Consignments subject to these Terms and Conditions. The Company reserves the right at its absolute discretion to:
(i) subcontract any part or parts of the delivery;
(ii) refuse to accept any Consignment or part thereof for delivery;
(iii) deliver the Consignment by any available route.
4. Without prejudice to the provisions of Clause 3 above, the Customer acknowledges that the Company is under no obligation to accept Dangerous Goods or any Consignment containing Dangerous Goods for delivery. Should the Company agree to accept any Dangerous Goods such goods must be accompanied by a full declaration of their nature and content, and be properly and safely packed and labelled in accordance with any statutory regulations for the time being in force for carriage by road.
5. (1) The Customer hereby warrants that:
(a) the Consignment does not constitute or contain Dangerous Goods, or any substance the possession storage or delivery of which is a criminal offence or a breach of the provisions of any relevant statute regulation or bye law under the laws of any part of the United Kingdom;
(b) the Customer has authority in respect of the Consignment to authorise collection and delivery by the Company from the Collection Point to the Delivery Point.
(2) The Customer hereby agrees to indemnify the Company against and hold the Company harmless from any loss damage claim cost or expense which the Company its employees subcontractors or agents may incur directly or indirectly as a result of any breach of the warranty given in Clause 5 (1) above.
DELIVERIES
6. (1) The Company shall use its reasonable endeavours to deliver the Consignment to the Delivery Point within the time specified by the Customer but time for delivery shall not be of the essence and the Company shall be under no liability in the event of failure to deliver within such time.
(2) the Company shall take all reasonable steps to obtain a receipt from the consignee and such receipt shall be conclusive evidence of the date time and place of delivery.
7. (1) The Company shall make one attempt to deliver a consignment to the Delivery Point within the delivery time specified by the customer. If the Consignment cannot be delivered the Company will have the option either to make a further attempt to deliver the Consignment to the Delivery Point or to deliver the Consignment to any other Delivery Point specified by the Customer in either event at the Customer's cost.
(2) If delivery does not take place under the provisions of Clause 7(1) other than by reason of any failure or default of the Company its employees agents or sub-contractors or if the Customer does not specify an alternative Delivery Point within 24 hours of being requested to do so by the Company the Customer shall be liable to the Company for all storage charges incurred by the Company between the date on which delivery was first attempted and the date on which delivery is made under provisions of clause 7(1) above or the date of sale of the Consignment under provisions of Clause 7(3) below.
(3) If delivery does not take place under the provisions of Clause 7(1) the Company shall be entitled to dispose of the Consignment or any part thereof at any time after giving the customer 7 days written notice of its intention to do so.
(4) The Company shall be under no obligation to deliver a Consignment or Consignments as a whole at any one time and shall be free at its absolute discretion to make more than one delivery or to deliver in parts.
ADDITIONAL SERVICES
8. The Company shall not be under any obligation to provide any plant equipment machinery power or labour which may be required for loading or unloading the Consignment at the Collection Point or the Delivery Point.
9. Any Consignment or part thereof requiring any special appliance or equipment for loading on to and/or unloading from any vehicle is accepted for carriage only on the condition that the Customer has duly ascertained that such appliances are available at the Collection/Delivery Points and the Customer shall be responsible for the provision and cost of such appliances.
10. Any assistance given by the Company beyond the usual act of collection or delivery (including without prejudice to the generality of the foregoing the provision of plant equipment machinery power or labour for loading or unloading at the Collection or Delivery Points) shall be at the sole risk of the Customer who will hold and keep the Company indemnified against any damage expense less costs claims or demands (including without limitations damage to the Consignment or to any property of the Customer the Company the consignee or any third party whether or not arising out of the negligence of the Company its employees agents or sub-contractors) arising directly or indirectly from the provision of such assistance.
LIABILITY FOR LOSS AND DAMAGE
11. Subject to the provisions of Clause 6, 10 and 12 the Company shall not be liable for any loss mis-delivery non-delivery or damage to any Consignment unless such loss mis-delivery non-delivery or damage has arisen from any wilful default by or negligent act or omission of the Company its employees agents or sub-contractors.
LIMITATION OF LIABILITY
12. (1) Subject to Clause 6 10 and 11 hereof the liability of the Company to the Customer arising from any loss or damage to any Consignment or for non-delivery or mis-delivery thereof shall be limited to the reasonable market value of the Consignment whether such loss or damage non-delivery or mis-delivery arises by reason of breach of contract or negligence on the part of the Company or its employees agents or sub-contractors or otherwise howsoever, Provided that:
(i) the liability of the Company shall in any case be limited to £500 in respect of any one Consignment. In any case where the Customer requires the Company to accept liability for more than £500 in respect of any one Consignment the Customer must notify the Company in writing. Any additional insurance costs incurred by the Company will result in a surcharge to the Customer.
(ii) the Company shall not in any case be liable for any indirect consequential or economic loss or damage incurred by the Client or ant third party.
(iii) the Company shall not be liable in respect of any loss or damage to any Consignment that cannot be carried within lockable equipment normally provided by the Company for delivery of such Consignments or if the Consignment is not properly packed or prepared for transit in parcels envelopes or packages suitable for transit of goods items or matters of the nature comprising the Consignment or any part thereof.
(iv) the Company shall be entitled to receive written evidence to its reasonable satisfaction of the value of the Consignment damaged or lost.
(v) the Company shall not be liable for loss of or damage to non-delivery or mis-delivery of any cash notes stamps deeds tickets travellers cheques jewellery watches precious metals works of art or similar valuable articles.
(vi) the Company shall not be liable for any loss or damage suffered by reason of:
(a) the failure of the Customer to properly address the Consignment.
(b) delivery of the Consignment in good faith at the Delivery Point to a person claiming to be the
consignee or his or its employee agent or sub-contractor.
(c) any breach of the warranty given by the Customer in Clause 5 above.
(d) the inability of the Company to perform its obligations due to any circumstance beyond the reasonable control of the Company including (without prejudice to the generality of the foregoing) any strike lock-out state of hostilities or climatic conditions.
(vii) the Company shall not be liable for any loss of or damage to any Consignment unless a claim is made upon the Company in writing:
(a) within seven days after completion of the delivery,
or
(b) in the case of loss or non-delivery or mis-delivery within fourteen days of acceptance by the Company of the Consignment concerned.
(viii) the Company shall not be liable for any damage to or deterioration or perishing of goods of a perishable or fragile nature except where such damage deterioration or perishing occurs by reason of any default or neglect on the part of the Company its employees or agents or sub-contractors and subject always to the provisions of Clause 6 and 12(1)(iii) or for reasonable wear and tear incurred during transit or storage.
(ix) The limit referred to in Clause 12(1)(i) shall only apply to damage occurring within the geographical limits of Great Britain Ireland and the Channel Islands and the Isle of Man including journeys within these areas. For deliveries outside these areas liability shall be restricted to the amount recoverable by the Company and actually recovered (whether under any convention relating to international carriage of goods from time to time in force or otherwise) from the international agent or carrier chosen at the Company's absolute discretion to deliver the Consignment.
(2) The Company and the Customer have freely and openly negotiated this contract in the knowledge that the Liability of the Company is to be limited in accordance with these Terms and Conditions and the price charged by the Company has been calculated accordingly. The Customer acknowledges that a greater price would be payable but for such limitation. It is intended that these Terms and Conditions should be reasonable as between the Company and the Customer having regard to the nature of the contract but if at any time any of them is either unenforceable or void at law it shall not adversely affect or prejudice the remainder of them or the contract and it shall be deemed to be excluded from these Terms and Conditions where possible to be replaced by such other enforceable and valid term or condition as shall be as near to the original in both form and effect.
CHARGES
13. (1) The Customer shall in respect of delivery of any Consignment pay the Company's charges in accordance with the Company's current tariff of charges within thirty days from the date of the Company's invoice thereof. The Company reserves its right to increase its charges at any time. The tariff of charges is available for inspection by the Customer (and a copy will be provided on request) and the tariff shall be deemed to have been inspected by the Customer whether or not actually inspected.
(2) The Company may at its absolute discretion withdraw credit facilities at any time.
(3) No quotation or estimate of charges given by the Company shall bind the Company unless expressed in writing to be a fixed quotation with a date to which such fixed quotation shall be valid in which case the quotation or estimate must be accepted by the Customer and delivery must take place prior to that date.
14. The customer shall pay to the Company VAT on all monies due to the Company at the appropriate rate in force from time to time.
15. Unless paid within thirty days of the date of the date of invoice from the Company the Company shall be entitled to interest on any unpaid sum at the rate of 4 per cent per month computed from the date of any such unpaid invoice until the payment of such sum and computed on a daily basis both before and after judgement.
16. For the purpose of the Terms and Conditions the price stated in the current tariff of charges of the Company shall be deemed to be a basic price and any other expenses incurred by the Company on the Customer's behalf shall be added to such sum with VAT (when applicable) at the appropriate rate.
17. All monies due to the Company shall be payable in sterling in England.
18. The Company shall have a lien over any or all Consignments in respect of any unpaid invoices whether relating to a particular Consignment or otherwise and the Customer appoints the Company its attorney and agent to sell or otherwise dispose of the same and to apply the net sale proceeds in reduction or extinguishment of the Customer's liability to the Company.
19. No payments due to the Company from the Customer shall he withheld by the Customer in respect of any claim or alleged claim by the Customer or the consignee against the Company howsoever arising and whether by way of set off counterclaim or otherwise.
20. The Customer agrees to indemnify the Company for all costs and expenses including legal fees and expenses on a solicitor and own client basis in respect of the recovery of any outstanding amounts due under this contract.
LAW AND JURISDICTION
21. These Terms and Conditions shall be subject to the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.
