1. DEFINITIONS"
Booking" means a booking for the carriage of a Consignment placed by a customer with the Carrier by telephone, email, by facsimile or OnLine.
"
Carrier" means CITYSPRINT (UK) LTD trading as CitySprint.
"
Customer" means the person who contracts for the services of the Carrier.
"
Conditions" means these conditions of carriage, which shall apply to the contract of carriage between the customer and the Carrier.
"
Consignee" means the person to whom the Carrier delivers the Consignment.
"
Consignment" means goods or property, whether or not contained in separate parcels, packages, containers or envelopes including any paper and documents, to be delivered by the Carrier for the customer to the Consignee.
"
Dangerous Goods" means dangerous goods as defined in the Carriage of Dangerous Goods by Road Regulations 1996 (as amended, re-enacted or extended from time to time).
"
Excluded Goods" means goods which may be carried by the Carrier pursuant to clause 3.7 which shall include, without limitation, precious stones, precious metals, watches, jewellery, glass, furs, china, art, antiques, prescription drugs, fragile and perishable goods, money, vouchers, travellers cheques, bearer bonds, bills of exchange, promissory notes, stamps, photographs, documents of title to property, bank, credit, pre-pay or other store cards with a cash equivalent value, spirits, tobacco and cigarettes and any other goods which the Carrier may at its sole discretion deem to be valuable.
"
OnLine" means Bookings and Booking enquiries made by the customer OnLine via the Website;
"
Prohibited Items" shall have the meaning ascribed to it in clause 3.9;
"
Website" means the CitySprint (UK) Ltd website located at
www.citysprint.co.uk .
2. GENERAL2.1 The Carrier is not a common carrier and accepts at its sole discretion the carriage of Consignments subject only to these Conditions. These Conditions shall apply to the exclusion of any other terms and conditions (including those of the customer) unless agreed in writing by a Director of the Carrier, subject always to clause 9.2, no employee, agent or subcontractor of the Carrier is authorised to alter or vary these Conditions.
2.2 The customer acknowledges and agrees that the Conditions excluding or restricting any liability of the Carrier are reasonable having regard to the existence of alternatives and other carriers available to it.
2.3 The customer warrants that it has full power and authority to enter into and perform its obligations under these Conditions.
2.4 The Carrier reserves the right to withdraw the Website and Bookings made OnLine without prior notice and also to refuse to accept and/or perform any orders placed thereon.
3. CONSIGNMENT3.1 Each Booking by the customer to the Carrier shall be submitted by the customer to the Carrier by telephone, email, facsimile or OnLine.
3.2 The Carrier shall provide the customer with a quotation for the carriage of the Consignment in question and such quotation shall be valid for a period of 7 days or such other period as the Carrier may specify. The Carrier shall provide written quotations to the customer upon request. All Bookings are subject to acceptance by the Carrier and the Carrier reserves the right to refuse to accept any Bookings. All Bookings are subject to the terms and conditions of these Conditions, shall be deemed to be a separate and independent contract and the Carrier reserves the right to amend any Booking at any time upon notice to the customer.
3.3 Additional charges (including, without limitation, time charges for waiting and/or loading) may be imposed by the Carrier (and the customer shall pay such charges) if the Carrier is prevented from performing its obligations under these Conditions except to the extent that the Carrier's failure to perform is caused solely by a force majeure event as specified in clause 10.8.3.
3.4 Unless agreed otherwise by the Carrier, the Consignment shall only be delivered to the address specified by the customer at the time of Booking and the Carrier reserves its right to vary its charges in respect of any variation to the delivery address by the customer.
3.5 All quotations for the Carrier's charges are calculated in accordance with the length of the journey for the shipment, the dimensions and gross weight of the Consignment and the type of Consignment service specified in the Booking. The Carrier offers a range of Consignment services including, without limitation, same day, overnight and international deliveries. Further details of the Carrier's charges and Consignment services are available upon request.
Dangerous Goods3.6 All Dangerous Goods must be disclosed by the customer in advance and unless otherwise agreed, the Carrier will not accept or carry Dangerous Goods. Where the Carrier accepts Dangerous Goods for carriage they must be classified, packed and labelled in accordance with any applicable statutory regulation for the carriage of such Dangerous Goods and with any specific instructions of the Carrier which shall be set out in a separate written agreement entered into between the Carrier and the customer. The customer shall further provide such information, document or declaration as may be necessary to enable the carriage of such Dangerous Goods by the Carrier under that separate written agreement.
Excluded Goods3.7 If the proposed Consignment contains Excluded Goods, the customer must notify the Carrier at the time of Booking as to the content and value of such Consignment of Excluded Goods and the Carrier may (in its sole discretion) elect to carry such Excluded Goods. Except as set out in clause 10.1, the Carrier shall not be liable to the customer for any loss, however caused, unless the Carrier has agreed in writing to the customer to accept such liability. The Carrier reserves the right to charge the customer (and the customer shall pay) an additional sum for the carriage of the Consignment of Excluded Goods and will inform the customer of such sum prior to accepting the Booking. If the customer fails to so inform the Carrier in accordance with this clause 3.7, such Consignment will be delivered solely at the customer's risk and the customer shall indemnify and keep the Carrier indemnified against any and all losses, damages, claims, liabilities, costs and expenses (including, without limitation, legal costs and expenses) suffered or incurred by the Carrier arising out of, or in connection with, the delivery of the Consignment comprising such Excluded Goods in whole or in part.
Prohibited Items3.8 Unless the Carrier has agreed otherwise in advance in writing specifying any additional terms, charges and limitations on liability which shall apply, the customer shall not submit for carriage (and the Carrier may without any liability whatsoever reject such carriage at any time upon notice to the customer) any Consignment which contains firearms, munitions, inflammable items or other explosives, livestock or other animals, human remains, any obscene, defamatory, blasphemous, scandalous or other indecent material, any item (including, without limitation, drugs or other illegal substances) which is prohibited or illegal to possess or import into any country through or into which the carriage of the Consignment is to take place (the "
Prohibited Items"). If the customer submits Prohibited Items as a Consignment (and regardless of whether or not the Carrier has agreed to carry such Consignment), the customer shall indemnify and keep the Carrier indemnified against any and all losses, damages, claims, liabilities, costs and expenses (including, without limitation, legal costs and expenses) suffered or incurred by the Carrier arising out of, or in connection with, the carriage of the Consignment comprising such Prohibited Items in whole or in part.
Consignment Values and Liability3.9 The customer shall notify the Carrier at the time of Booking of the value of the Consignment in accordance with the notification requirements set out in the tables set out below. The Carrier shall provide a higher limit on its liability for Bookings which relate to Consignments of value where the customer notifies the Carrier of those values and the customer pays the additional fees as set out in the tables below.
Same Day Deliveries within Great Britain| 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 |
Overnight Deliveries and International Deliveries| 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 |
3.10 The parties agree that the Carrier's liability in respect of each Booking will vary in accordance with the value of the Consignment and the total liability of the Carrier in respect of any Booking is specified at clause 10 below.
4. DELIVERY4.1 The customer shall ensure that the Consignment is secure, properly packed and labelled in accordance with good practice and any applicable statutory requirements and is fit and safe to be carried, stored and transported by road, air, rail or sea as may be appropriate.
4.2 The Carrier will use all reasonable efforts to deliver within the time specified for delivery but unless otherwise agreed these are estimates only and time is not of the essence.
4.3 Unless the Carrier has otherwise agreed in writing with the customer:
4.3.1 the Carrier shall not be required to provide any labour or special equipment for loading or unloading the Consignment, other than that carried by the vehicle used by the Carrier; and
4.3.2 the customer warrants that it will provide or procure any special equipment required for loading or unloading the Consignment and shall indemnify and hold harmless the Carrier for any damage to the Consignment or the Carrier, however caused, if the Carrier is instructed to load or unload any Consignment requiring special equipment where such equipment has not been provided or procured by the customer.
4.4 The Carrier shall deliver Consignments according to such route as it in its absolute discretion thinks fit.
5. CONSIGNMENT NOTES5.1 If required, the Carrier shall sign a document prepared by the customer acknowledging receipt of the Consignment but such document shall not be evidence of the condition, declared nature, quantity or weight of the Consignment at the time it is received by the Carrier.
5.2 The Carrier may require acknowledgment at the point of delivery of the Consignment and any such receipt given shall be conclusive evidence of proper delivery.
6. TRANSIT6.1 Transit commences when the Carrier takes possession of the Consignment, whether at the Carrier's premises or at some other point of collection.
6.2 Subject to clause 6.3, transit shall (unless otherwise agreed) end when the Consignment is tendered at the Consignee' s address provided at the time of Booking by the customer.
6.3 Where a Consignment cannot be delivered (for whatever reason) or is held by the Carrier to await order or further instructions and such instructions are not given or the Consignment is not collected within 24 hours of notice being given to the customer or such other time as the Carrier may nominate, then transit shall be deemed to end at the expiry of such time.
6.4 The Carrier shall be entitled to recover its charges in full for any delivery, which is unsuccessful due to incorrect or inadequate information provided by the customer and in addition recover any expenses or losses it suffered or incurred in attempting to effect delivery.
6.5 The customer understands and accepts that the Carrier shall be entitled to open and examine any Consignment that the Carrier considers to be a security or health and safety risk to the Carrier and to take, at its sole discretion, such appropriate action thereafter.
7. UNDELIVERED OR UNCLAIMED GOODS7.1 Where the Carrier is unable to effect delivery as requested by the customer when making a Booking, or where transit has come to an end, the Carrier shall use its reasonable endeavours to notify the customer and the Consignee of any undelivered or unclaimed Consignment. Where a Consignment is returned to the Carrier, the charges for that return shall be at the customer's sole cost and expense and shall be charged to the customer (and the customer shall pay) at the Carrier's rates from time to time in force. Unless the Consignment is collected or instructions are given for its disposal within 7 days (or such other time as the Carrier may nominate) of notice being given, title to the Consignment shall transfer to the Carrier and the Carrier may destroy or sell the goods as if it were the absolute owner.
7.2 The Carrier shall use its reasonable endeavours to obtain a reasonable price for the goods and shall apply the proceeds of sale to the payment of all its proper expenses and charges suffered or incurred in relation to the carriage, storage and sale or disposal of the goods. Any proceeds left over shall be paid to the customer upon which the Carrier shall be discharged from all liability in respect of the Consignment.
