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Conditions of business for the undertaking of work on
behalf of Couriers On Call, trading as CouriersOnCall.
1. Definitions.
"Booking" means a booking for the carriage of a Consignment placed
by COC with a Driver by telephone, facsimile, email or by SMS message to the Drivers
Mobile Phone.
"COC" means COURIERSONCALL.COM or COURIERSONCALL.CO.UK trading as
CouriersOnCall.
"Driver" means the Driver who Accepts the Booking, to fulfil the Contract of
carriage of a Consignment placed by the Customer via COC.
"Customer" means the person who contracts for the services of the Carriage
of a Consignment via COC.
"Conditions" means these conditions of carriage, which shall apply
to the contract of carriage between COC and the Driver.
"Consignee" means the person to whom the Driver delivers the
Consignment.
"Consignment" means goods or property, whether or not contained in
separate parcels, packages, containers or envelopes including any paper,
documents and cash, to be delivered by the Driver for the Customer to the
Consignee on behalf of COC.
"WebSite" means the Couriersoncall.com WebSite located at www.couriersoncall.com
or www.couriersoncall.co.uk
"Rates" means the pay the Driver is entitled to receive for the
carriage of a Consignment, only after the Driver has supplied COC with a POD
from the Consignee. Up to date Rates are located on the WebSite (at this
URL http://www.couriersoncall.co.uk/modules.php?name=FAQ&myfaq=yes&id_cat=2&categories=About+Us#9
).
"POD" means Proof of Delivery which will contain a Signature,
Printed Signature and Time of Delivery.
"GIT" means Goods in Transit Insurance.
"Text Ahead" means the drivers use of our SMS Short Code to send
messages to other courier companies or other web sites, which might publicly
display the drivers mobile number.
2. General.
2.1 These conditions shall apply to the exclusion of any other terms and
conditions (including those of the Driver) unless agreed in writing by the Sole Proprietor
of COC, no employee, agent or sub-contractor of the Driver is authorized to
alter or vary these conditions.
2.2 The Driver is paid the mileage from the pick up postcode to the delivery
post code which is calculated by COC using AutoRoute 2005 Computer Software, no
other mileage will be paid.
2.3 The Driver will be paid the mileage rate according to the type of vehicle
requested by the Customer, whether or not that is the vehicle the Driver happens
to be Driving.
2.4 The Driver upon accepting the consignment from the customer shall deliver
the consignment to the consignee in the agreed time in a professional manner.
2.5 The Driver at no time during contact with the Customer or Consignee shall
solicit for work, whether immediately or within 6 months after first contact
with the Customer or Consignee. For the avoidance of doubt, any further work
offered by the Customer or the Consignee to the Driver, is chargeable by COC to
the Driver on a commission basis of 25 pence per mile + VAT.
2.6 Drivers are liable for all congestion charges and/or bridge tolls/road
tolls, including any penalty charges relating to the London congestion charge,
COC will pay the Driver the cost of the Toll (but not any penalty charge) only
if it is agreed in advance AND the Driver then sends COC a valid receipt for the
toll.
2.7 Drivers are responsible for any parking tickets and / or any road traffic
offences/fines.
2.8. COC Reserves the right to alter/vary/update these Conditions without
notice from time to time as COC sees fit.
2.9 The Driver Agrees to be bound to these Conditions upon accepting the
Booking from COC.
2.10 Drivers sending a SMS Message to the COC Text Ahead System, agree and acknowledge
that their mobile telephone number is displayed to the general public on our
sister web site located at http://www.courierbroker.co.uk/modules.php?name=TextAhead
and is sent to other courier companies who are listed on our web site at this
URL http://www.couriersoncall.co.uk/modules.php?name=Web_Links&l_op=viewlink&cid=1.
Drivers are aware that their mobile number could be misused in some way by some
unknown people. It is the Drivers responsibility to charge any person/company
direct for any work they carry out while using this system.
3. Sub-Contracting.
3.1 The Driver may not engage any agent or sub-contractor to fulfil the
contract of the carriage of the Consignment by road.
4. Consignment Notes.
4.1 If required the Driver 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 Driver.
4.2 The Driver is required at the point of delivery to request the Consignee
sign a COC Delivery note acknowledging receipt of the Consignment which shall be
conclusive evidence of proper delivery.
4.3 If the Consignee refuses to sign for the Consignment the Driver shall
Contact COC immediately and then wait for further instructions, at no time
should possession of the Consignment pass to the Consignee until authorized to
do so by COC.
5. Undeliverable Goods.
5.1 If the Driver is unable to obtain a signature from the Consignee for
whatever reason, the Driver shall Contact COC immediately and then wait for
further instructions, at no time should the Driver take it upon themselves to
post or attempt re-delivery unless authorized to do so by COC.
6. Cancellation.
6.1 If the Driver accepts to undertake the carriage of a Consignment offered
by COC and then fails to turn up without just cause or notification to COC, COC
shall be entitled to charge the Driver any additional losses or expenses incurred
by COC in attempting to cover the delivery for the Customer.
7. Lien.
7.1 At no time shall the Driver have a general lien over the Consignment.
8. Limitation of Liability.
8.1 Notwithstanding any other clause of these Conditions, neither party
excludes or limits liability for personal injury or death arising from the
negligence of wilful default of either party, its servants, dealers or
sub-contractors; or any fraudulent misrepresentation.
8.2 COC shall not be liable to the Driver, 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 Driver
howsoever caused including, without limitation:
8.2.1 loss due to delay in delivery; and/or
8.2.2 loss of anticipated savings; and/or
8.2.3 loss of business and/or goods; and/or
8.2.4 loss of goodwill; and/or
8.2.5 loss of use; and/or
8.2.6 loss of data or other information; and/or
8.2.7 loss relating to the procurement by the Driver or any substitution of
goods or services.
For the avoidance of doubt, neither the type of loss and/or damage specified
above in this clause 8, nor any similar type of loss and/or damage shall
constitute direct loss for the purpose of the contract.
8.3 Except as expressly provided in these Conditions, the total liability of COC
under these Conditions shall not exceed the lower of the declared Rates or
the Rates paid to the Driver, for the avoidance of doubt, the liability shall be
limited to the COC Driver RATES.
8.4 COC shall not be held responsible for any event beyond the reasonable
control of COC which prevents it from performing its obligations under the
contract including, but not limited to:
8.4.1 acts, omissions or misrepresentations by the Customer, owner of the
Consignment, Consignee or independent contractor;
9. Insurance.
9.1 At all times Driver must have the valid insurance for the vehicle you are
driving and the type of work you are undertaking. All Drivers must have Hire and
Reward Courier insurance and goods in transit insurance cover for a minimum of
£10,000.00 sterling.
10. Vehicle Conditions.
10.1 It is the responsibility of the Driver to ensure that their vehicle is
up to road legal standard.
11. Communication.
11.1 All work offered by COC to Drivers will be done so to the Drivers Mobile
phone, Drivers are required to have their mobiles phones on at all times when
available for work.
12. Problems with jobs/job details or customers.
12.1 From time to time Drivers may incur some kind of query/problem with a
job or customer. You are required to contact your controller immediately to
report any possible change in vehicle, distance, weight, load or delivery
date/time, or if the customer has an issue. Failing to do so may result in non
payment.
12.2 If your vehicle breaks down after you have accepted the booking and you
are unable to complete the job, you must telephone COC immediately to arrange
another driver to collect/continue the booking. You also forfeit any payment for
the job you were undertaking no matter the distance traveled, as payment will
pass to the new driver taking on the booking and COC now have to pay them to
complete the job, which at short notice might mean paying another driver over
the odds to complete the booking. In short it is not COC's responsibility or
fault that your vehicle broke down.
13. Self Employment.
13.1 All Drivers are Self Employed and responsible for their own Tax,
National Insurance and VAT affairs.
14. Overloading.
14.1 As a Self Employed Driver, you are responsible if you choose to overload
your vehicle. COC at no point advises you to take any unnecessary risk by
overloading your vehicle. It is the responsibility of the Driver to be aware of
the weight limits on your vehicle. This is called the Gross Vehicle Weight (GVW).
These details can be found in the vehicle handbook or on the display plate by
the bulkhead or passenger door. Drivers should always distribute the load evenly
in the vehicle to avoid overloading your axles.
15. Drink Driving.
15.1 If a Customer or Consignee reports to COC that they suspect the Driver
is drink driving, COC will notify the police and inform them of your whereabouts.
If you are found to be drink driving you will be removed from the site immediately.
16. Theft.
16.1 Should COC be unable to contact the Driver for a period of 6 hours after
conformation by the Customer that the Driver collected the Consignment but has
yet to deliver it to the Consignee in the specified time frame, COC will report
to the police that the Consignment has been stolen by the Driver, where the
police will then act accordingly to English law.
17. Accidents / GIT Claims.
17.1 All Drivers are required to produce their GIT Insurance Documents on
request, whether or not they have previously done so to COC.
17.2 Where Customers claim against COC for loss of goods in accidents during
transit by Drivers, COC will produce the Drivers GIT and Insurance details to
the Customer to claim from.
17.3 Where a Customer claims against COC, COC will counter claim against Drivers
and/or the Drivers GIT or Insurance Company. If any Driver is found to have
false documents, COC will sue the Driver in the courts via a private prosecution.
18. WebSite.
18.1 The information provided on the WebSite has not been written to meet
specific Driver requirements and it is the sole responsibility of the Driver to
satisfy itself that the service provided on-line will be suitable for their
requirements.
18.2 Whilst COC makes all reasonable attempts to exclude viruses from the
WebSite, it cannot ensure that the WebSite will be virus free.
18.3 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.
19. Severance.
19.1 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.
20. Miscellaneous.
20.1 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.
20.2 COC undertakes to comply with any and all provisions of the Data Protection
Act 1988 as applicable.
20.3 Any notice or other communication to be given under or in connection with
this Agreement, shall be given in writing and sent by first/second 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 four working days of posting, in the case of
first/second class post; 24 hours after sending an email; and on completion of
the transmission in the transmission report, in the case of facsimile.
20.4 COC's Unsolicited Idea Submission Policy
COC or any of its employees do not accept or consider unsolicited
ideas, including ideas for new advertising campaigns, new promotions, new
or improved products, product enhancements, marketing plans or new product
names. Please do not send any original creative artwork, suggestions or
other works. The sole purpose of this policy is to avoid potential
misunderstandings or disputes when COC's products or marketing
strategies might seem similar to ideas submitted to COC . So,
please do not send your unsolicited ideas to COC or anyone at COC. If, despite our request that you not send us your ideas, you
still send them, then regardless of what your letter says, the following
terms shall apply to your idea submission.
20.5 Terms of Idea Submission
You agree that: (1) your ideas will automatically become the property of
COC, without compensation to you, and (2) COC can use the ideas
for any purpose and in any way, even give them to others.
20.6 Product Feedback
COC does, however, welcome your feedback regarding many areas of
COC's existing business. If you want to send us your feedback, and we
hope you do, we simply request that you send it to us by email to info@couriersoncall.co.uk.
Please provide only specific feedback on COC's existing
products or marketing strategies; do not include any ideas that COC's
policy will not permit it to accept or consider. It's just one more way that
COC can learn how to best satisfy your needs.
20.7 These Conditions shall be subject to and construed in accordance with
English law, and the parties submit to the exclusive jurisdiction of the
English courts.
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