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Terms & Conditions of
Carriage/service
1. All and any
business undertaken, including any advice or information given or service
provided whether gratuitously or not is transacted subject to the condition
hereinafter set out and each Condition shall be deemed to be incorporated in and
to be a Condition of any agreement between the company and its customers.
2. In
these conditions of trading (hereinafter called “these conditions”) the
expression “the Company” means and (unless the context precludes the same)
includes the Company’s servants, agents and any person or persons carrying
passengers or goods under the contract with the Company.
3. “Customer” means
any person who contracts for the service of the Company and includes the
Customer servants or agents or any persons carried as passengers on behalf of
the Customer.
4.
The Company is not a common carrier and will accept goods for carriage only on
these conditions.
5. No agent or person employed by or under
contract with the Company has any authority to alter or vary in any way these
conditions unless (previously) expressly authorized to do so by the Company in
writing.
6. If
any legislation is compulsory applicable to any business undertaken these
conditions shall as regards such business be read as subject to such legislation
and nothing in these conditions shall be construed as a surrender by the Company
of any of it rights or immunities or as an increase of any of its
responsibilities or liabilities under such legislation and if part of these
conditions be repugnant to such legislations to any extents such part all as
regards such business be void to that extent but no
further.
7.
Customers entering into transactions of any kind with the company for the
carriage goods expressly warrant that they are either owners or the authorized
agent of the owners of any goods to which the transactions relates and further
warrant that they are authorized to accept and are accepting these conditions
not only for themselves but also as agents for and behalf of all other persons
who are or may thereafter become interested in the
goods.
8. Any
instructions or business accepted by the Company may in the absolute discretion
of the company be fulfilled by the Company itself or by its own servants
performing part of all the relevant services or by the Company employing or
entrusting the carriage of goods or passengers to others to perform part or all
of the services.
9. Subject to express instructions given by the
Customers the Company may in absolute discretions as to the means route and
procedure to be followed in the carriage of passengers and in the handling,
storage and transportation of goods. Further if in the opinion of the company it
is at any stage necessary or desirable on the Customer's interest to depart from
those instructions the Company shall be at liberty to do
so.
10. The
Company warrants that all goods entrusted to the Company for carriage have been
properly labeled and prepared.
11. All offers and quotations by the Company for
its services are given on the basis of prompt acceptance by the Customer and
shall only remain open for acceptance for the period of seven days unless
revoked or withdrawn or verified by the Company prior to such
acceptance.
12.
All credit accounts are rendered at such periodic intervals as shall be in the
company’s policy from time to time and are subject to settlement within 30
(thirty days) or 14 days (fourteen days) from date of invoice as arranged and
agreed between the company and the customer or client. Where payment is not
received by that date any offer made by the Company to give credit or discount
for prompt settlement will automatically be deemed to be withdrawn and the
Company reserves the right to impose a surcharge on all outstanding balances at
the rate of ten per cent per month.
13. (i) The Company shall only be responsible for
any loss or damage to goods for any non- delivery or mis delivery if it is proved
that the loss, damage, non-delivery or mis delivery was due to the negligence or
default if the Company and in the event of the company providing transport for a
customer of both a passenger or passengers and goods the carriage of such goods
any personal effects or any passengers shall be solely at the risk of the
Customer and the Company shall incur no liability of any kind in the respect
thereof any Customer is advised to insure against such
risks.
(ii) The
Company shall only be liable for non-compliance or in-compliance with
instructions even to if it is proved that the same was caused by the negligence
or default of the Company.
(iii) Same as foresaid the Company shall be under not
liability whatsoever however arising and whether in respect of or in connection
with any goods or any instructions business advice information or service or
other wise
(iv)It
shall be the responsibility of the customer to satisfy himself that any load
that he wishes to have carried by the Company shall be suitable for conveyance and the
Company will not accept any liability whatsoever for any loss or
damage to such load
arising from the unsuitability of such vehicle or
machine.
(v)Without
prejudice to the generality of the forgoing absence of express agreement by the
Company’s General Manager the company can under no circumstances whatsoever
accept any responsibility for any delay to either passenger or goods not due to
the negligence or default of the Company.
(vi)Further and without prejudice to generality of
the proceeding sub condition the Company shall to whether under sub conditions
(I) or (II) or otherwise be under liability whatsoever for any detention of
goods or for any consequential loss, damage or deterioration arising there from
except where (a) the Customer shall have specified to the Company the Nature of
the goods and purpose of their transit and the Company through it General
Manager shall have agreed in writing with the Customers a time schedule and
specification in respect to transit of the said goods (b) it shall be proved
that such detention delay , loss, damage or deterioration was to the negligence
of the Company.
14. Since the Company is unable to assess the cost
to a Customer of the loss or damage of any goods in no case whatsoever shall any
liability of the Company however arising and not with standing any lack of
explanation exceed the value of the relevant goods or £1000 whichever is less.
If the relevant goods have extra intrinsic value to the customer or the customer
would suffer consequential losses since the Company is unable to warrant that
its own insurance cover will be applicable to such loss or damage or (of
applicable) will extend to cover any sums
claimed.
15. The
Company shall not be liable for loss or damage to any part of any consignment of
goods (whether comprising one or more packages or parcel(s) or for the loss or
non-delivery of the whole of any consignment of goods or for damage delay or
detention thereof or any part thereof however caused unless the company is
advised thereof in writing of the fact of the loss or damage or misdelivery (as
the case may be) within 7 days of the loss damage or misdelivery occurring and a
quantified claim is made in writing within 28 days of the
occurrence.
16.
The Company will not accept or deal with any noxious, dangerous, hazardous or
inflammable or explosive goods or any goods likely to cause damage. Should the
Customer nevertheless deliver any such goods to the Company or cause the Company
to handle or deal with any such goods he shall be liable for all loss or damage
whatsoever caused by or in connection with the goods however arising and shall
indemnify the Company against all penalties, claims, damages costs
and expenses whatsoever arising in connection there with and the goods may be
destroyed or otherwise dealt with at the sole discretion of the company or by
any other person in whose custody they may be at the relevant
time
Each
item must be adequately packaged by the customer to prevent damage
whilst in transit considering the health & safety of the carrier
and the receiver at all times.
All
information about the consignment must be given on placement of order
and any special instructions regarding the package or delivery given at
that time.
Customers
must advise First Call Couriers of any difficulties which may arise
at either collection or delivery addresses given ie: parking
problems, security, not ground floor etc
Charges
for waiting time will be made if there is a delay of more than 15
minutes at either collection or delivery through no fault of the driver
and or not pre advised by the client.
We will
always try to avoid cancellation charges. However, we must advise you
that a minimumm fee of £30 will be charged if an order has been placed,
the driver turns up and there is no collection or if there is
insufficient time to contact the driver!
First Call Couriers can not be held responsible for any delays caused by traffic hold ups, accidents, acts of god etc.
16.(i) Additional charges. All road tolls, congestion charges and ferry fees will be charged at cost and invoiced seperatley
17. The
company reserves the right to review, and or amend prices of services offered
due to factors outside the company’s control that justify the amendment, without
notification to the client(s).
18. Except under special arrangement previously
made in writing the Company
will not accept or deal with bullion, coins, precious
stones, jewellery, valuables antiques, pictures (excluding commercial artwork),
livestock or plants. Should any customer nevertheless (whether knowingly or
unknowingly) deliver such goods to the Company or cause the company to handle
such goods otherwise than under special arrangements previously made in writing
the Company shall be under not liability whatsoever for in connection
with the goods however
arising.
19. All
sums shown due to be in the Company on its invoices sent to the customer shall
be paid to the company immediately when due without any deductions and payment
shall not be withheld or deferred on account of any claim counter claim or
set-off.
20. The
Company shall have a special lien on all goods for charges on such goods and
shall also have a general lien against the owners of any goods for any monies on
account due from such owner to the Company. If any lien is not satisfied within
a reasonable time the Company may at its absolute discretion sell the goods and
apply the proceeds in or towards discharge of the lien and the expenses of the
sale.
No variation,
extension or cancellation of these conditions shall be binding upon the Company
unless and until it is confirmed in writing under the hand of a Director, a
secretary or other officer of the Company duly authorized in writing and for the
avoidance of doubt is declared that no person other than such Direct, Secretary
or officer has authority to negotiate or enter into any commitment on behalf of
the company the effect of which would or might (but for this present clause)
involve the Company in any legal liability
whatsoever.
21.
All agreements between the Company and its customer shall be governed by English
Law and be within the exclusive jurisdiction of the English
Courts.
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