|Value of Consignment||Customer to declare value to Carrier||Additional Fee Payable by Customer||Maximum Amount of Liability|
|Less than £1,000||No||No||£1,000|
|More than £1,000 but less than £10,000||Yes||No||£10,000|
|Over £10,000||Yes||Yes: to be advised to customer at the time of Booking||To be advised to customer at the time of Booking|
|Value of Consignment||Customer to declare value to Carrier||Additional Fee Payable by Customer||Maximum Amount of Liability|
|Less than £100||No||No||£100|
|More than £100||Yes||Yes: 2% of the value of the consignment (subject to a minimum charge of £20)||To be advised to customer at the time of Booking|
In the event of cancellation of any Booking for a Consignment by the customer, the customer shall be liable to the Carrier for the Carrier's charges in full for the carriage of the Consignment. This clause 8 shall apply only to cancelled Bookings where the Carrier has departed to collect (or deliver) the Consignment in question.
9. CARRIER'S CHARGES
9.1 The customer shall pay the Carrier's charges in accordance with these Conditions. The charges payable in respect of the Carriage of any Consignment shall be specified by the Carrier to the customer at the time of Booking.
9.2 Payment terms are 14 days from date of invoice and any variation to these terms are to be agreed in writing by an authorised employee of the Carrier. Payment terms may be extended to 28 days from date of invoice for a customer who has signed the necessary consent forms to authorise its bank to make payment by direct debit.
9.3 The Carrier's charges shall be based on its tariff in effect at the time of carriage of the Consignment and unless payment is made by credit card, invoice(s) shall be rendered by the Carrier to the customer at least once a month. Credit facilities granted to a customer may be withdrawn at the Carrier's absolute discretion at any time and the balance outstanding shall become due immediately on demand.
9.4 If at the time of Booking the customer pays for a Consignment by credit card, the amount quoted by the Carrier to the customer at the time of Booking will be charged to the customer's credit card wherever reasonably practicable within 24 hours (or such other period as the Carrier may reasonably determine) of the Carrier's acceptance of the Booking. In the event that any additional charges are imposed by the Carrier pursuant to clause 3.3 above, the customer hereby authorises the Carrier to charge such additional charges to the customer's credit card wherever reasonably practicable within 24 hours (or such other period as the Carrier may reasonably determine) of the Carrier incurring such charges.
9.5 The Carrier reserves the right on 30 days written notice to increase charges to reflect increases in fuel prices.
9.6 Any queries in respect of an invoice must be made in writing within 7 days of the date of the invoice otherwise it will be deemed to have been accepted and will be payable in full by the customer.
9.7 All charges quoted are exclusive of value added tax and all other duties or taxes which may become due or payable from time to time and shall be added to invoices at the rate applicable at the date of invoice.
9.8 The Carrier operates an electronic invoicing system. All invoices, credit notes and statements will be sent to the customer electronically. If the customer requires paper invoices or credit notes (or cannot provide the carrier with an email address) the Carrier reserves the right to make administrative charges.
9.9 The Carrier operates an electronic invoicing system. All invoices, credit notes and statements will be sent to the customer electronically. If the customer requires paper invoices or credit notes (or cannot provide the carrier with an email address) the Carrier reserves the right to make charges for the provision of such paper invoices.
10. LIMITATION OF LIABILITY
10.1 Notwithstanding any other clause of these Conditions, neither party excludes or limits liability for personal injury or death arising from the negligence or wilful default of either party, its servants, dealers or sub-contractors; or for any fraudulent misrepresentation.
10.2 Except as expressly provided in these Conditions, the total liability of the Carrier which arises out of or under these Conditions (whether in contract, tort, statute or otherwise) in respect of any contract arising from a Booking is specified in this clause 10.
10.3 The Carrier shall not be liable to the customer, whether in contract, tort or by statute, or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage suffered by the customer howsoever caused including, without limitation:
10.3.1 loss due to delay in delivery; and/or
10.3.2 loss of anticipated savings; and/or
10.3.3 loss of business and/or goods; and/or
10.3.4 loss of goodwill; and/or
10.3.5 loss of use; and/or
10.3.6 loss of data or other information; and/or
10.3.7 loss relating to the procurement by the customer of any substitution of goods or services.
For the avoidance of doubt, the types of loss and/or damage specified in clauses 10.3.1 to 10.3.7 above shall not constitute direct loss for the purpose of these Conditions.
Same Day deliveries within Great Britain
10.4 For a same day delivery within Great Britain, the total liability of the Carrier for that Consignment shall be as follows:
10.4.1 unless the declared value of the Consignment for same day delivery is greater than one thousand pounds sterling (£1,000) in which event clauses 10.4.2 or 10.4.3 shall apply, the total liability of the Carrier for a same day delivery Consignment shall be limited to one thousand pounds sterling (£1,000); or
10.4.2 where the declared value of the Consignment for same day delivery exceeds one thousand pounds sterling (£1,000) but is less than ten thousand pounds sterling (£10,000), the total liability of the Carrier for a same day delivery Consignment shall be limited to ten thousand pounds sterling (£10,000); or
10.4.3 where the declared value of the Consignment for same day delivery exceeds ten thousand pounds sterling (£10,000), the Carrier shall specify the fee payable by the customer for the carriage of that Consignment and any subsequent limitation on the Carrier's liability at the time the Carrier accepts the Booking for that Consignment.
Overnight deliveries and International deliveries
10.5 Unless the Carrier agrees otherwise in writing pursuant to clause 3.9, the Carrier's total liability for: (i) any deliveries of the Consignment which are delivered as an overnight delivery (whether within Great Britain or otherwise); or (ii) is an international delivery, shall be limited to the greater of one hundred pounds sterling (£100) or the amount of cover provided by the international agent or carrier chosen at the Carrier's absolute discretion to deliver that Consignment. Details of such cover shall be provided to the customer upon request.
10.6 The Carrier will not be liable to the customer for the carriage of Excluded Goods unless: (i) the customer notifies the Carrier in advance that the Consignment contains in whole or in part Excluded Goods pursuant to clause 3.7 above; and (ii) the Carrier decides (at its sole discretion) to accept the carriage of such Excluded Goods. If the Carrier agrees to accept the carriage of the Excluded Goods (at such additional fee as the Carrier may determine (which the customer shall pay)), the Carrier's liability in respect of the same day delivery of the Excluded Goods shall be as set out in clause 10.4.1 above and shall be as set out in clause 10.5 for any overnight deliveries (whether within Great Britain or otherwise) or for any international deliveries of the Excluded Goods.
Storage of Consignments
10.7 For any Consignments stored by the Carrier at its premises, the total liability of the Carrier for any loss of or damage to such Consignment shall not exceed the sum of one thousand pounds sterling (£1,000), unless the declared value of the Consignment exceeds such sum and the Carrier has subsequently agreed in writing to a higher limitation on its liability.
Further Exclusions on Carrier's Liability
10.8 The Carrier shall not be held responsible for any event beyond the reasonable control of the Carrier, which prevents it from performing its obligations under the relevant contract including, but not limited to:
10.8.1 acts, omissions or misrepresentations by the customer, owner of the Consignment, Consignee or independent contractor or any failure of the foregoing to package and/or label the Consignment correctly pursuant to clause 4.1;
10.8.2 natural deterioration or fragility of the Consignment (notwithstanding that it may be marked "Fragile"); and/or
10.8.3 any unforeseen circumstances or causes beyond the Carrier's reasonable control, including but not limited to, act of God, war, riot, malicious damage, compliance with any law or government emergency procedure, accident, fire, flood, storm or industrial dispute, insufficient or improper packing, labelling or addressing, unless it is previously agreed in writing that the Carrier shall perform such task; or
10.8.4 marine risk.
10.9 The customer shall provide to the Carrier written proof of the value of the Consignment damaged or lost and the Carrier shall be entitled to inspect the damaged Consignment.
11.1 The information provided on the Website has not been written to meet specific customer requirements and it is the sole responsibility of the customer to satisfy itself that the service ordered via an online Booking will be suitable for its requirements.
11.2 Whilst the Carrier makes all reasonable attempts to exclude viruses from the Website, it cannot ensure that the Website will be virus free.
11.3 The Website is intended for use by the residents in the United Kingdom only and only in respect of their activities within the United Kingdom.
12. TIME LIMITS FOR CLAIMS
The Carrier shall not be liable for loss of, misdelivery or damage to any Consignment unless it is notified by the customer of such loss or damage in writing within 7 days of the end of the transit and the claim giving details of the value and the circumstances of any loss is made in writing within 14 days after the end of transit. A claim for loss or damage will not be accepted on the consignment note.
13. INDEMNITY TO THE CARRIER
13.1 The customer shall indemnify the Carrier against:
13.1.1 all losses suffered by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) as a result of any breach by the customer of these Conditions, fraud, error, omission, or misrepresentation by the customer, owner of the Consignment or Consignee;
13.1.2 all claims and demands made against the Carrier by any third party in excess of the liability of the Carrier under these Conditions;
13.1.3 all losses suffered by and claims made against the Carrier resulting from loss of or damage to property caused by or arising out of the carriage of Dangerous Goods, Excluded Goods and/or the Prohibited Items; and
13.1.4 all claims made upon the Carrier by HM Customs & Excise in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended.
If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of these Conditions and of such provision shall continue in full force and effect.
15.1 A person who is not a party to the contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
15.2 The Carrier undertakes to comply with any and all provisions of the Data Protection Act 1998 as applicable.
15.3 During the continuance of the business relationship with the Carrier, and for a period of 6 months immediately following the last Booking placed by the customer, the customer shall not, directly or indirectly, solicit or offer employment or any other form of contract for services to any of the employees of the Carrier who were directly involved in the performance of a contract of carriage during the 6 months immediately preceding the last Booking placed by the customer.
15.4 The payment terms and charges paid to the Carrier are confidential, and the customer shall take all reasonable steps to ensure that such terms remain confidential. The customer may not disclose the terms or make any public announcement about the relationship the parties have entered into without the prior written agreement of the Carrier, save for any disclosure required by law or by a statutory or regulatory body with power to order such disclosure.
15.5 Any notice or other communication to be given under or in connection with this Agreement, shall be given in writing and sent by first-class post, email or facsimile to the registered address of each party, or such other address as either party may substitute by written notice to the other. A notice shall be deemed delivered within two working days of posting, in the case of first-class post; 24 hours after sending an email; and on completion of the transmission in the transmission report, in the case of facsimile.
15.6 Carrier shall be entitled to subcontract in whole or in part the performance of any or all of its obligations under these Conditions.
15.7 The waiver of either party of any breach of these Conditions will not prevent the subsequent enforcement of that term and will not be deemed a waiver of any subsequent breach.
15.8 The contract constitutes the entire agreement between the parties and supersedes all prior agreements, representations and understandings relating to the subject matter of the contract. Nothing in these Conditions shall limit either party's liability in respect of fraudulent misrepresentation.
15.9 These Conditions (and any non-contractual claims) shall be subject to and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.