By tendering documents or goods for shipment via the courier service offered by Inter Company Despatch (hereinafter called ‘The Company’) or its servants and agents, The Customer agrees to the terms and conditions stated herein. No agent or employee of The Company may alter or modify these terms and conditions. The Customer is advised that Inter Company Despatch, its agents and servants shall not be liable at all for certain losses and damage. Where they are liable, the amount of liability is strictly limited to the amounts stated in condition 5.
1. OBLIGATIONS AND ACKNOWLEDGEMENTS.
1) The Customer acknowledges that The Company is not a common carrier and accepts at its sole discretion consignments for carriage only upon that condition and the terms and conditions contained herein.
2) The Customer acknowledges that The Company shall have the right, but not the obligation to instruct third party couriers, common or otherwise, in respect of any consignment which The Company may be instructed to transport.
3) The Customer acknowledges that The Company contracts for itself and as agent of and trustee for its servants and agents and all other carriers referred to in paragraph 1.2 above, and such other carriers’ servants and agents.
4) The Customer acknowledges that the description and particulars of any goods furnished by
or on behalf of the customer are full and accurate.
5) The Customer acknowledges that all goods have been properly and sufficiently prepared,
packed and labelled for transit, and that such preparation, packing and labelling are appropriate to any operations or transactions affecting the goods and the characteristics of
2. RIGHT OF INSPECTION OF CONSIGNMENT.
The Company has the right but not the obligation, to inspect any shipment including, without limitation, opening the consignment.
3. LIEN ON GOODS SHIPPED.
The Company shall have a lien on any goods shipped for all freight charges, advances and other charges of any kind arising out of transportation hereinunder, and may refuse to surrender possession of the goods until the charges are paid.
1) The Company shall not be under any obligation to provide any plant, power or labour required for loading or unloading the consignment, other than that carried by the vehicle used by The Company.
2) The Company shall be under no obligation whatsoever to the customer who shall indemnify and hold harmless The Company for any damage, however caused, if The Company is instructed to load or unload any goods requiring special equipment if such equipment has not been provided or procured by the customer.
3) If delivery of the goods is not taken by The Customer, Consignee or Owner at the time and
place when and where the Company is entitled to call upon such person to take delivery thereof, The Company shall be entitled to store the goods or any part thereof at the sole risk of
The Customer, whereupon the liability of The Company in respect of the goods or that part thereof stored as aforesaid shall wholly cease and the cost of such storage shall forthwith upon
demand be paid by The Customer of The Company.
5. LIABILITY FOR LOSS OR DAMAGE.
1)In respect of all UK same day consignments: Liability shall commence upon collection of the goods and cease at the point of delivery with the signature and/or authorised stamp of the consignee or person authorised by the consignee to receive the goods. Without prejudice to clause 7, The Company shall only be responsible for any loss or damage to goods or for non- delivery or mis-delivery occuring while the goods were in the actual control of The Company where such loss, damage, non-delivery or mis-delivery was due to wilful misconduct of The Company or its servants. In no case whatsoever shall any liability of The Company, however arising, exceed the value of the relevant goods or a sum at the rate of £10,000.00 per vehicle, whichever is less.
2) UK Overnight and International shipments are not covered under the Company’s goods in transit policy but may be insured at the Customers request in writing at the time of booking
the job. Insofar as the Company agrees to arrange insurance, the Company act solely as Agent for The Customer using its best endeavour to arrange such insurance, and does so
subject to the terms and conditions contained herein.
6. ACTUAL VALUE.
1) The actual value of a document (which term shall include any item of no commercial value) which is transported hereinunder shall be ascertained by reference to its cost of preparation, replacement or reconstruction at the time and place of shipment, whichever is less.
2) The actual value of a parcel (which term shall include any item of commercial value) which is transported hereinunder shall be ascertained by reference to its cost of repair or replacement value at the time and place of shipment, whichever is less.
7. CONSEQUENTIAL DAMAGES EXCLUDED.
The Company shall not be liable in any event, for any consequential or special damages or other indirect loss, however arising, whether or not The Company had knowledge that such damages or loss might be incurred, including, but not limited to, loss of income, profits, interest, utility or loss of market.
8. LIABILITIES NOT ASSUMED.
1) While The Company will endeavour to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules, The Company will not, under any circumstances, be liable for delay in pick up, transportation or delivery of any shipment, regardless of the cause of such delay. Further, The Company shall not be liable for any loss, damage, mis-delivery or non-delivery due to;
a) Act of God, consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power of confiscation, requisition or destruction of or damage to property by or under the order of any government or public or local authority or any cause reasonably beyond the control of The Company, or caused by:
(i) The act, default or omission of the customer, the consignee or any other party who claims an interest in the shipment (including violation of any term or condition hereof) or of any person other than The Company, or of any Customs or other government officials, or of any service, forwarder or other entity or person to whom a shipment is tendered by The Company for transportation to any location not regularly served by The Company, regardless of whether The Customer requested or had knowledge of such third party delivery arrangement.
(ii) The nature of the shipment or any defect, characteristic, or inherent vice thereof.
(iii) Electrical or magnetic injury, erasure or other such damage to electronic or photographic images or recordings in any form.
9. EXCLUDED GOODS The following goods are not covered under The Company’s insurance;
Bullion, precious stones, bank notes and coins, currency, cheques, treasury notes, bonds,
negotiable instruments or securities of any kind, living creatures, dangerous drugs, computer
chips, memory cards, mobile phones, wines, spirits, cigarettes or tobacco products.
1) The Company’s charges shall be in accordance with its current tariff and invoices will be prepared weekly. Credit facilities may be withdrawn by The Company at its absolute discretion at any time and any balance of monies shall become due immediately on demand.
2) The Company’s charges shall be payable on the expiry of any time limit notified to the customer (whether on any invoice or otherwise) or failing such notification 30 days after the issue of the relevant invoice. Any queries as to the correctness of an invoice must be made in writing within fourteen days of the issue of the invoice, otherwise it will be payable in full.
3) Unless otherwise stated, all charges quoted are exclusive of Value Added Tax.
4) All sums due to The Company shall be paid without deduction, set off or abatement and the customer shall not withhold or defer any payment on account of any claim or counterclaim and acknowledges that any such claim or counterclaim whatsoever by The Customer against The Company must be subject to separate proceedings.
Any claim by The Customer against The Company arising in respect of any service provided or which The Company has undertaken to provide shall be made in writing to the office of The Company within fourteen days of the date upon which the Customer became aware of any event or occurrence alleged to give rise to such claim. Any claims not made and notified as aforesaid shall be deemed to be waived except where The Customer can show that it was impossible to comply with the time limit and that any claim was made as soon as it was reasonably possible to do so.
JURISDICTION AND LAW
These conditions and any act of contract to which they apply shall be governed by English Law and any dispute arising out of any act or contract to which these conditions apply shall be subject to the exclusive jurisdiction of the English Courts.