TERMS
& CONDITIONS
1
Parties
The parties to this agreement
are:
1.1
J
P Scattergood T/A Nextexpress (The
Courier) which expression shall where the context allows
include his employees agents and
subcontractors
1.2
the person firm or company named as Customer (the
Customer)
2
Definitions
Subcontractor 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 include papers and documents other than
those expressly excluded.
3
Couriers obligations
3.1
The Courier shall use its best endeavours to deliver the
goods specified 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 labelling or
addressing
4
Customers 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 Couriers
liability is not otherwise excluded) shall not exceed the
declared value of the goods 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 £25,000 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 Couriers 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 Customers breach of clauses 3, 4
and 6 above.
7.1
The extent of the Couriers 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
Customers 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 costing 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 Senders or Consignees
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 Couriers 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 Couriers employees or any third
party.
12
Dangerous goods
12.1
The Courier does not contract to carry or store dangerous,
verminous, infested, contaminated or condemned
goods.
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. Payment within 14 days for non
account holders.
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 The Bank of England from the date of
invoice.
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
mis-delivery unless it is advised in writing by the
Customer (otherwise than upon delivery of the Couriers
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
Couriers 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
The contract and these Terms and Conditions shall be
construed and governed by the Laws of England.
