Acceptance of terms & conditions
1 (I) Any business undertaken by the carrier or any information, advice or service supplied by the carrier, (whether charged or not) is undertaken or provided subject to these terms and conditions shall be the terms of any contract for delivery of consignments between the carrier and the client.
(ii) These terms and conditions subject to and together with any variation agreed in writing between the carrier and the client shall constitute the entire contract between the carrier and the client and in particular shall operate to the exclusion of any terms and conditions at any time imposed by the client. On acceptance by the carrier of any consignment the client shall be deemed to have accepted these terms and conditions.
(iii) The Client acknowledges that it has not entered into this Agreement relying upon any representation made by or on behalf of the carrier and without prejudice to the generality of the foregoing, the client has not relied upon any correspondence, statement or sale literature issued by or on behalf of the carrier.
2 The Carrier is not a common Carrier and will only carry Consignments subject to these terms and conditions. The carrier reserves the right at its absolute discretion to;
(I) Subcontract any part of parts of a delivery,
(ii) refuse to accept any Consignment or part thereof for delivery,
(iii)deliver the Consignment by any available route
3 Without prejudices to the provisions of Clause 3 above, the cl;ient acknowledges that the carrier is under no obligation to accept Dangerous goods , or any Consignment containing Dangerous goods for delivery.
4 The Client hereby warrants that;
5(I) The consignment does not constitute 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 staue regulation or bye-law under the laws of any part of the United Kingdom or of any jurisdiction to or through which the Consignment is to be delivered or in which it may be stored.
(ii) the client has authority in respect of the consignment to authorise collection and delivery by the carrier from the collection point to the delivery point.
LIMITATION OF LIABILITY
6(I) Where the client requests an overnight service for delivery to be made the following day, in which case liability shall be limited to £100.00 and subject to an excess of £25.00 per consignment. Increased liability insurance is available on request.
(ii) the carrier shall not in any case be liable for any indirect consequential or economic loss or damage incurred by the client or the third party.
(iii) the carrier shall be entitled to receive written evidence ti its reasonable satisfaction of the value of the consignment damaged or lost.
(iv) the carrier shall not be liable for loss or damage to non-delivery or mis-delivery of any cash, notes, stamps, deeds, tickets, travellers cheques, jewellery, precious metals, works of art or similar valuable articles, glass, perishable goods.
(v) transit shall end when consignment is tendered at the delivery address and a signature obtained.Goods signed for as unexamined or unchecked etc do not constitute a claused signature , consequently in any subsequent claim any such receipt will be deemed as having accepted the goods in good condition.
(vi) the carrier shall not be liable for loss or damage to any consignment unless a claim is made upon the carrier in writing.
Within seven days after the completion of the delivery, or
In the case of loss, non delivery , within fourteen days of acceptance by the carrier of the consignment concerned.
CHARGES
7(I) The client shall in respect of any delivery of any consignment pay the carrier charges in accordance with the carriers current tariff of charges within thirty days from the date of the carriers invoice thereof. The carrier reserves the right to increase its charges at any time. The tariff for charges is available for inspection by the client ,(and a copy will be provided upon request ) and the tariff shall be deemed to have been inspected by the client whether or not actually inspected.
(ii) The Carrier may at its absolute discretion withdraw credit facilities at any time.
(iii) No quotation or estimate of charges given by the Carrier unless expressed in writing to be a fixed quotation with a dateto which fixed quotation shall be valid in which case the quotation or estimate must be accepted by the client and delivery must take place prior to that date.
8 The client shall pay to the carrier VAT on all monies due to the carrier at the appropriate rate in force from time to time.
9 Unless paid within thirty days of the date of invoice from the Carrier, the Carrier shall be entitled to interest on any unpaid sum at the rate of four per centum per month computed from the date of any such unpaid invoice of invoices until the payment of such sum and computed on a daily basis both before and after judgement.
10 The Client agrees to indemnify the Carrier 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
11 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.
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