In these Conditions the following expressions shall have the meanings hereby respectively assigned to them, that is to say “Client” shall mean the Customer who contracts the services of the Carrier.
“Consignment” shall mean goods in bulk or contained in one parcel or package, as the case may be, or any number of separate parcels or packages sent at one time in one load by or for the Client from one address to one address.
“Dangerous Goods” shall mean
(i) goods, which are specified in special classification of dangerous goods issued by British Railways Board and the International Air Transport Association, or which, although not specified therein, are not acceptable to British Railways Board or the International Air Transport Association for conveyance on the grounds of their dangerous or hazardous nature, or
(ii) goods’ which although not indicated in (i) above are of a kindred nature.
“Contract” shall mean the contract of carriage between the Client and the Carrier.
"Subcontracting parties" include all persons (other than the Carrier and the Client) referred to in Clause 3(3).
“Carrier” save in the expression of Carrier/Contractor includes subcontracting parties in Clauses 4(2), 5(2) and (3) and 11 (proviso).
“Carrier/Contractor” means the Carrier and any other carrier within Clause 3(2).
“The Shipper” means the person who contracts either as principal or as agent for the services of the Courier Systems Group of companies both on his behalf and on behalf of any other person having interest in the Consignment.
(c) “The excepted risks” mean:-
i) War, invasion, act of foreign enemy, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection therewith, and/or
ii) Ionising radiations or contaminations by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, and/or
iii) Radioactive, toxic, explosive or other hazardous properties of any explosive nuclear component thereof, and/or
iv) Pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds, and/or
v) The absence, failure or inadequacy of packing and packaging2. Carrier is not a Common Carrier
The Carrier is not a common carrier and will accept goods for carriage only on these conditions3. Parties and Subcontract
(1) Where the Client is not the owner of some or all of the goods in any consignment, he shall be deemed for all purposes to be the agent of the owner or owners.
(2) The Carrier enters into the Contract for and on behalf of himself and servants, agents and subcontractors and his subcontractors’ servants, agents and subcontractors, all of whom shall be entitled to the benefit of the Contract and shall be under no liability whatsoever to the Client or anyone claiming through him in respect of the goods in addition to or separate from that of the Carrier under the Contract.
(3) The Client shall save harmless and keep the Carrier indemnified against all claims and demand whatsoever by whomsoever made in excess of the liability of the Carrier under these Conditions in respect of any loss, damage or injury, except if caused by the negligence of the Carrier, his servants, agents or subcontractors.4. Dangerous Goods
(1) If the Carrier agrees to accept dangerous goods for carriage such goods must be accompanied by a full declaration of their nature and contents and be properly and safely packed in accordance with any statutory regulations for the time being in force for transport by road or air.
(2) The client shall indemnify the Carrier against all loss, damage or injury, however caused arising out of any dangerous goods whether declared as such or not.4b. Acceptable condition of goods
All goods must be suitably and safely wrapped the Courier Systems Group accepts no liability for any damage howsoever caused in the event of this condition not being complied with.5. Loading or Unloading
(1) When collection or delivery takes place at the Client’s premises, the Carrier/Contractor shall not be under any obligations to provide any plant, power or labour which, in additions to the Carrier/Contractor’s driver or dispatch rider, is required for loading or unloading at such premises.
(2) Any assistance given by the Carrier beyond the usual place of collection or delivery shall be at the sole risk of the Client who will save harmless and keep the Carrier indemnified against any claim or demand, which could not have been made if such assistance had not been given.
(3) Goods requiring special appliances for unloading from the vehicle are accepted only on condition that the sender had duly ascertained from the consignee that such appliances are available at the destination, Where the Carrier/Contractor is without prior arrangement in writing with the Client, called upon to load or unload such goods, the Carrier shall be under no liability whatsoever to the Client for any damage however caused, whether or not by the negligence of the Carrier and the Client shall save harmless and keep the Carrier indemnified against any claim or demand which could not have been made if such assistance had not been given.
(4) The Carrier will allow up to 15 minutes for loading, unloading or waiting when picking up or delivering a consignment. Thereafter, the Carrier will charge the Client for the total waiting/loading time (including the first 15 minutes) at the operative rate.6. Consignment Notes
The Carrier/Contractor shall, if so required, sign a document prepared by the sender acknowledging the receipt of the consignment, but no such document shall be evidence of the condition of the correctness of the declared nature, quantity or weight of the consignment at the time it is received by the Carrier/Contractor.7. Transit
(1) The maximum value of any one domestic consignment shall not exceed £250.00. Should the client wish to send a consignment of value in excess of this £250.00 he may do so but the liability of the carrier shall remain £250.00. Should the client wish to arrange increased insurance cover for a consignment of value in excess of £250.00, he must provide written details to the carrier of the value of the consignment and the cover he requires. The liability value for International consignments is £50. The Carrier will levy a charge for supplementary insurance and no increase in either liability or insurance cover will be deemed to be operative until the Client has received written confirmation of increased cover and liability from the Carrier.
(2) Transit shall commence when the consignment is handed to the Carrier/Contractor whether at the point of collection or at the Carrier/Contractor’s premises.
(3) Transit shall (unless otherwise previously determined) end when the consignment is tendered at the usual place of delivery at the consignee’s address within the customary cartage hours of the district.
Provided (i) that no safe and adequate access or no adequate loading facilities there exist, then transit shall be deemed to end at the expiry of one clear hour after notice by telephone of the arrival of the consignment at the Carrier/Contractor’s premises has been communicated to the consignee (or if the consignee is unavailable, the consignor): and (ii) that when for any other reason whatsoever a consignment is held by the Carrier/Contractor “to await order” or “to be kept till called for” or upon any like instructions and such instructions are not given or the consignment is not called for and removed within a reasonable time, then the transit shall be deemed to end.8. Undelivered or Unclaimed Goods
Where the Carrier/Contractor is unable for whatsoever reason to deliver a consignment to the consignee he will take all reasonable steps to advise the client and obtain revised delivery instructions. Increased delivery charges may be incurred in this way. If the client refuses to assist in the re-direction of goods incorrectly addressed or rejected by the consignee then ultimately the Carrier reserves the right to charge for storage and eventually sell the goods.
Provided (i) the Carrier/Contractor shall do what is reasonable to obtain the value of the consignment, and (ii) the power of sale shall not be exercised where the name, address and telephone number (if any) of the sender of the or of the consignee is known unless the Carrier/Contractor shall have done what is reasonable in the circumstances to give notice to the sender or if the name, address and telephone number of the sender is not known to the consignee that the goods will be sold within the limit specified in such notice, being a reasonable time in the circumstances from the giving of such notice, the goods are taken away or instructions given for their disposal.9. Contract Couriers
Where the client chooses to enter into a separate agreement for the provision of courier services with a messenger who has been introduced by Courier Systems then the client will be liable for an introduction fee of one month’s sub-contracted employment of the aforementioned messenger through Courier Systems.10. Carrier’s Charges
(1) The Carrier’s charges for carriage shall be payable by the Client without prejudice to the Carrier’s rights against the consignee or any other person. Provided that when goods are consigned “carriage forward” the Client shall not be liable to pay such charges unless the consignee fails to pay after a reasonable demand has been made by the Carrier/Contractor for payment thereof.
(2) Except where the quotation states otherwise all quotation given based on a weight charge shall apply to the gross weight of the goods.
(3) A claim or counterclaim shall not be made by reason for differing or withholding payment of monies payable, or liabilities incurred, to the Carrier.
(4) Unless otherwise indicated, all charges are quoted exclusive of any Value Added Tax, import and any other duties or taxes which may be payable.
(5) For charging purposes, the Carrier will charge the greater of the actual weight or the volumetric weight where applicable. Volumetric weight is calculated by multiplying the length x height x breadth and dividing the resulting figure by 6000cc for Courier and Airfreight, or 3000cc for Seafreight and Roadfreight.11. The Limit for Claims
(i) for loss from a package or from an unpacked consignment: or (ii) for damage, deviation, mis-delivery, delay of detention, unless the client is advised thereof in writing (otherwise than on a consignment note or delivery document) within fourteen days and the claim be made in writing within 21 days of the commencement of the transit.12. Liability for Loss and Damage
Subject to these Conditions the Carrier shall be liable for any loss, or mis-deliver of or damage to goods occasioned during transit unless the Carrier shall prove that such loss, mis-delivery or damage has arisen from (i) Act of God; (ii) any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power of confiscation, requisition, destruction of, or damage to property by or under the order of any government or public or local authority; (iii) seizure under legal process; (iv) act or emission of the Client or owner of the goods or of the servants or agents of either; (v) inherent liability to wastage in bulk or weight, latent defect or inherent defect vice or natural deterioration of the goods; (vi) insufficient or improper packaging; (vii) insufficient or improper labelling or addressing; (viii) riots, civil commotion, lockouts, general or partial stoppage or restraint of labour from whatever cause; (ix) consignee not taking or accepting delivery within a reasonable time.
Provided that the Carrier shall not incur liability of any kind in respect of a consignment where there has been fraud on the part of the Client or the owner of the goods or the servants or agent of either in respect of that consignment.13. Limitation of Liability
Subject to these Conditions the liability of the Carrier in respect of any one consignment shall in any case be limited.
(1) Where the loss or damage however sustained is in respect of the whole of the consignment to a sum of £250.00. (Special insurance can be arranged immediately on request).
(2) Motorcycles have secure panniers and artwork bags for the safe transit of goods. Where the client requests a bike to carry a consignment too large to be carried in the aforementioned containers the client does so at his own risk. ( Sizes of carrying capacity are available on requests.)
(3) Where loss or damage however sustained is in respect of part of a consignment to the proportion of the sum ascertained in accordance with (1) of this condition which the actual value of the whole of the consignment.
(4) The Carrier shall not in any case be liable for indirect or consequential damages or for loss of a particular market whether held daily or at intervals;
(i) The Carrier shall be entitled to require proof of the value of the whole consignment; (ii) Any liability incurred hereunder shall be subject to Clause 7(1) hereof.14. General Lien
The Carrier shall have a general lien against the owner of any goods for any monies whatsoever due from such owner to the Carrier. If any lien is not satisfied within a reasonable time the Carrier may at his absolute discretion sell the goods as agent for the owner and apply the proceeds towards the monies due and the expenses of the sale, and shall upon accounting to the Client for the balance remaining, if any, be discharged from all liability whatsoever in respect of the goods.15. If you claim or counterclaim against us it will not be the reason for deferring (putting off), or withholding payment or for refusing to repay any monies due under our credit terms. 16. Unreasonable Detention
The Client shall be liable for the cost of unreasonable detention of vehicles, containers, sheets and any other associated equipment but the Carrier/Contractor’s rights against any other person shall remain unaffected.17. Computation of Time
In the computation of time where the period provided by these conditions is seven days or less, national bank holidays will not be included. Due to local variations it should be held that deliveries will not be made on weekends or parts there of unless specifically notified.