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Terms
and Conditions
CONDITIONS
OF BUSINESS FOR COURIERSONCALL.COM TRADING AS CouriersOnCall
1. Definitions
"Booking" means a booking for the carriage of a Consignment
placed by a Customer with the Carrier by telephone, by facsimile or
on-line via the WebSite.
"Carrier" means COURIERSONCALL.COM trading as CouriersOnCall
"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, documents and cash, 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), and any other substance likely
to cause or encourage disease, vermin, pests or other hazard.
"WebSite" means the Couriersoncall.com WebSite located at www.couriersoncall.com
or www.couriersoncall.co.uk
2. General
2.1 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,(with the exception of Clause 11.1) no employee, agent or
sub-contractor 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 is either the owner of the Consignment
and accepts these Conditions or is authorised by such owner to accept
these Conditions on such owner's behalf.
2.4 The Carrier reserves the right to withdraw the WebSite without prior
notice and also to refuse any orders placed thereon.
3. Sub-Contracting
3.1 The Carrier may engage any agent or sub-contractor to fulfil the
contract for the carriage of the Consignment by road and shall provide the
name of such agent or sub-contractor to the Customer upon written request.
Subject to clause 3.2, the Carrier contracts for itself and on behalf of
its agents and sub-contractors.
3.2 The carriage of any Consignment by rail, sea, inland waterway or air
is arranged by the Carrier with an independent third party as agent of the
Customer and that part of the contract shall be subject to the terms and
conditions of the independent third party.
4. Consignment
4.1 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 substance and with any
specific instructions of the Carrier. The Customer shall further provide
such information, document or declaration as may be necessary to enable
the carriage of such substance.
4.2 If the Consignment contains cash whether travellers cheques, bearer
bonds, bank cards or credit cards, the Customer shall notify the Carrier
at the time of making the Booking and the Carrier shall be entitled to
charge a reasonable insurance premium for the carriage of any sum over
three thousand pounds sterling (£3,000) or equivalent thereof.
4.3 The Customer shall notify the Carrier at the time of Booking if the
Consignment contains any perishable goods, or is of a value in excess of
five thousand pounds sterling (£5,000) or equivalent thereof.
5. Delivery
5.1 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.
5.2 The Carrier will use all reasonable efforts to deliver within the time
specified for delivery but unless otherwise agreed in writing, or email,
these are estimates only and time is not of the essence.
5.3 Unless the Carrier has otherwise agreed in writing with the Customer:
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
5.3.1 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.
5.4 The Carrier shall deliver Consignments according to such route as it
in its absolute discretion thinks fit.
6. Consignment Notes
6.1 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.
6.2 The Carrier may/shall require acknowledgment at the point of delivery
of the Consignment and any such receipt given shall be conclusive evidence
of proper delivery.
7. Transit
7.1 Transit commences when the Carrier takes possession of the
Consignment, whether at the Carrier's premises or at some other point of
collection.
7.2 Subject to clause 7.3, 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.
7.3 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 48
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.
7.4 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
incurred in attempting to effect delivery.
7.5 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.
8. Undelivered or Unclaimed Goods
8.1 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 goods. Unless the goods are
collected or instructions are given for its disposal within seven 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.
8.2 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 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 Customer shall be discharged from all
liability in respect of the Consignment.
9. Cancellation
9.1 In the event of cancellation of any contract of carriage for a
Consignment by the Customer within 30 minutes prior to collection of the
Consignment from inner London postcodes (EC1-4, WC1-2, W1, SW1, SE1) and
within 60 minutes prior to collection of the Consignment from any other
destination, the Customer shall be liable to the Carrier for any losses or
expenses incurred by the Carrier as a result of the cancellation of the
contract, up to the value of the charges to be paid under the contract.
10. Carrier's Charges
10.1 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.
10.2 The Carriers charges shall be based on its tariff in effect at the
time of performance of the contract and invoice shall be prepared by the
Carrier at least once a month. Credit facilities granted to a Customer may
be withdrawn at the Carriers absolute discretion at any time and the
balance outstanding shall become due immediately on demand.
10.3 The Carrier shall be entitled to charge interest at 3% above the
prevailing Official Dealing Rate of the Bank of England calculated on a
daily basis on all overdue amounts. When payment is not made by the due
date, the Customer shall indemnify the Carrier for any costs or expenses
it may incur in recovering the sum due, including reasonable legal fees.
10.4 Any queries in respect of an invoice must be made in writing within
seven days of the date of the invoice otherwise it will be deemed to have
been accepted and will be payable in full.
10.5 All quotations for the charges are based on the gross weight of the
Consignment on a pence per mile basis from the pick up post code to the
delivery post code plus 10 miles. Although in certain circumstances the
Carrier reserves the right to vary the charges in order to cover the job
or to charge the higher of the gross weight or the volumetric
weight, calculated as the width (cm) multiplied by the height (cm),
multiplied by the depth (cm) of the Consignment, divided by 6,000 and in
such instances the Carrier shall notify the Customer of the variation to
the charges as soon as possible, except in a situation when immediate
cover is required by the customer and where the requested vehicle type is
not available, we reserve the right to supply any type of available
vehicle and charge the customer the normal charges for that vehicle type.
10.6 All charges quoted are exclusive of Value Added Tax which will be
added to the invoice if it is appropriate for the Carrier to do so.
11. Lien
The Carrier shall have a general lien over the Consignment, for monies due
from the Customer. If a lien is not satisfied in accordance with the
payment terms, and the Customer is the owner of the Consignment, title to
the Consignment shall transfer to the Carrier, and the Carrier may, at its
absolute discretion, sell the whole or part of a Consignment and apply the
sale proceeds towards monies due and the expenses of the carriage,
storage, sale or disposal of the Consignment. Any balance remaining shall
be paid to the Customer upon which the Carrier shall be discharged from
all liability in respect of the Consignment. Where the Customer is not the
owner of the Consignment, the Carrier shall be entitled to retain
possession, but not dispose of, the Consignment until all monies due in
respect of the Consignment are paid in full.
12. Limitation of Liability
12.1 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.
12.2 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:
12.2.1 loss due to delay in delivery; and/or
12.2.2 loss of anticipated savings; and/or
12.2.3 loss of business and/or goods; and/or
12.2.4 loss of goodwill; and/or
12.2.5 loss of use; and/or
12.2.6 loss of data or other information; and/or
12.2.7 loss relating to the procurement by the Customer 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 13, nor any similar type of loss and/or
damage shall constitute direct loss for the purpose of the contract.
12.3 Except as expressly provided in these Conditions, the total liability
of the Carrier under these Conditions shall not exceed the lower of the
declared value of a Consignment or the charges paid to the Carrier or the
value of the Consignment has not been declared, for the avoidance of
doubt, the liability shall be limited to the Carrier's charges.
12.4 Where the misdelivery, loss or damage is only in respect of part of
the Consignment, the Carrier's liability shall be limited to the actual
value of that part or the proportion of the charges which that part bears
to the charges for the total Consignment, whichever is the lower.
12.5 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 contract including, but not limited to:
12.5.1 acts, omissions or misrepresentations by the Customer, owner of the
Consignment, Consignee or independent contractor;
12.5.2 inherent liability to wastage in bulk or weight, defect or inherent
defect, natural deterioration or fragility of the Consignment
(notwithstanding that it may be marked "Fragile");
12.5.3 insufficient or improper packing, labelling or addressing, unless
it is previously agreed in writing that the Carrier shall perform such
task; or
12.5.4 marine risk.
12.6 If, because of the nature of the Consignment, the Customer wishes to
increase the liability of the Carrier, the Customer should notify the
Carrier, in writing, who, for an additional sum, may be able to obtain a
higher level of insurance which shall be reflected in an increased cap on
liability.
12.7 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.
12.8 The Carrier shall only be liable for loss or damage occurring within
Great Britain. For journeys outside Great Britain, liability shall be
restricted to the amount of cover provided by the international agent or
carrier chosen at the Carrier's absolute discretion. Details of such cover
shall be provided to the Customer upon request.
12.9 The liability (if any) of the Carrier to the Customer in respect to
any damage or loss of goods or other losses suffered by the customer shall
be limited as follows:
12.9.1 where the goods are collected transported and/or delivered entirely
within the United Kingdom the liability (if any) of the Carrier to the
Customer shall not exceed £10,000 per consignment or the Value of the
Goods (whichever is the less) provided that where the Customer has
arranged its own transit insurance cover and /or in respect of Goods as
referred to in Clause 4 the liability (if any)of the Carrier shall not
exceed a sum at the rate of £10 per kilogram on the gross weight (or
volumetric weight if applied and charged by the Carrier) of the Goods or
the Value of the Goods (whichever is the less).
12.9.2 Where the goods are collected transported and/or delivered to or
from a place outside of the United Kingdom the liability (if any) of the
Carrier shall not exceed a sum at the rate of £10 per kilogram on the
gross weight (or volumetric weight if applied and charged for by the
Carrier) of the Goods or the Value of the Goods (whichever is the less).
13. WebSite
13.1 The information provided on the WebSite has not been written to meet
specific Customer's requirements and it is the sole responsibility of the
Customer to satisfy itself that the service ordered via an on-line Booking
will be suitable for its requirements.
13.2 Whilst the Carrier makes all reasonable attempts to exclude viruses
from the WebSite, it cannot ensure that the WebSite will be virus free.
13.3 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.
14. 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 seven 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.
15. Indemnity to the Carrier
15.1 The Customer shall indemnify the Carrier against:
15.1.1 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;
15.1.2 all claims and demands made against the Carrier by any third party
in excess of the liability of the Carrier under these Conditions;
15.1.3 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; and
15.1.4 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.
16. Severance
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.
17. Miscellaneous
17.1 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.
17.2 The Carrier undertakes to comply with any and all provisions of the
Data Protection Act 1988 as applicable.
17.3 During the continuance of the business relationship with the Carrier,
and for a period of 6 months immediately following the end of the business
relationship, the Customer shall not, directly or indirectly, solicit or
offer employment or any other form of contract for services to any of the
drivers or employees of the Carrier who were directly involved in the
performance of a contract of carriage during the 6 months immediately
preceding the end of the business relationship.
17.4 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.
17.5 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.
17.6 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.
17.7 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.
17.8 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.
17.9 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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