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1. Definitions
"the Carrier" means Rapid Despatch logistics Ltd of 54A
Portswood Road, Southampton, Hants,SO17 2FW (or such
other address as it may notify the Customer from time to
time) which expression shall, unless the context
requires otherwise, include any sub-con-tractor
appointed by the Carrier pursuant to Clause 3 below.
"the Customer" means the person or company who
contractsfor the services of the Carrier, including any
other carrier who gives a Consignment to the Carrier for
carriage. "the Contract" means the contract of carriage
between the Customer and the Carrier, which shall be
made subject to these Terms and Conditions. "the
Consignee" means the person or company to whom the
Carrier contracts to deliver the Consignment. "the
Consignment" means goods in bulk or contained in one
parcel, package, container or envelope, as the case may
be, or any Separate number of parcels, packages,
containers or envelopes sent at one time in one load by
or for the Customer from one Address to one address. For
the avoidance of doubt, the Expression "goods" shall
include papers and documents, other than those expressly
excluded in these Terms and Conditions. "Dangerous
Goods" means dangerous substances as defined in
the Road Traffic (Carriage of Dangerous Substances in
Packages etc.) Regulations 1992 (and any amendment or
replacement thereof), explosives, radioactive substances
and any other substance presenting a similar hazard.
2. General
The Carrier is not a common carrier and
accepts at its sole discretion Consignments for carriage
only upon that condition and the Terms and Conditions
contained herein. Save as may be agreed in writing by a
Director / a Partner / the Proprietor (as the case may
be) of the Carrier, no servant or agent of the Carrier
is permitted to alter or vary these Terms and Conditions
in any way.
3. Authority and Sub-Contracting
3.1 The Customer warrants that he is either the owner of
the goods in any Consignment or is authorised by such
owner to accept these Terms and Conditions on such
owner's behalf. 3.2 The Carrier and any other carrier
employed by the Carrier may employ the services of any
other carrier for the purposes of fulfilling the
contract in whole or in part and the name of every such
other carrier shall be provided to the Customer upon
request.
3.3 The Carrier contracts for itself and (subject to
paragraph
3.4) as agent of and trustee for its servants and agents
and all other carriers referred to in paragraph 3.2
above and such other carriers' servants and agents.
3.4 Notwithstanding paragraph 3.3, the carriage of goods
in any Consignment by rail, sea, inland waterway or air
is arranged by the Carrier as agent of the Customer and
shall be subject to the terms and conditions of the
rail, shipping, inland waterway or air
carrier contracted to carry the Consignment.
4. Dangerous Goods
Dangerous Goods must be disclosed by
the Customer in advance and if the Carrier agrees to
accept them for Carriage they must be classified, packed
and labelled in
accordance with the statutory regulations for the
carriage by road of the substance's) declared. Transport
Emergency Cards ("Tremcards") or information in writing
in the manner required by the relevant statutory
provisions or by the relevant body authorised by statute
to make regulations must be provided by the Customer in
respect of each substance and must accompany the
Consignment.
5. Delivery
5.1 Unless the Carrier has agreed in writing to the
contrary with the Customer:
5.1.1 The Carrier shall not be under any obligation to
provide any plant, power or labour required for loading
or unloading the Consignment, other than that carried by
the vehicle used by the Carrier;
5.1.2 The Customer warrants that any special equipment
required for loading or unloading the Consignment which
is not carried by the Carrier's vehicle will be provided
or procured by the Customer;
5.1.3 The Carrier shall be under no liability whatsoever
to the Customer and the Customer shall indemnify and
hold harmless the Carrier for any damage, however
caused, if the Carrier is instructed to load or unload
any goods requiring special equipment if such equipment
has not been provided or procured by the Customer.
6. Consignment Notes
The Carrier shall, if so required,
sign a document prepared by the Customer acknowledging
receipt of the Consignment but no such document shall be
evidence of the condition or of the correctness of the
declared nature, quantity
or weight of the Consignment at the time it is received
by the Carrier.
7. Transit
7.1 Transit shall commence when the Carrier takes
possession of the Consignment, whether at the point of
collection or at the Carrier's premises.
7.2 Transit shall (unless otherwise previously
determined) end when the Consignment is tendered at the
usual place of delivery at the Consignee's address
PROVIDED THAT:
7.2.1 If no safe and adequate access or, if applicable,
no adequate unloading facilities there exist, then
transit shall be deemed to end at the expiry of one hour
after notice by telephone of the arrival of the
Consignment at the Carrier's premises has been given to
the Customer; or
7.2.2 When for any other reason whatever a Consignment
cannot be delivered or when a Consignment is held by the
Carrier to "await order" or upon any like instructions
and such
instructions are not given or the Consignment is not
called for and removed within a reasonable time
determined by the Carrier, then transit shall be deemed
to end at the expiry of such reasonable time.
8. Undelivered or Unclaimed Goods
8.1 Where the Carrier is unable for any reason to
deliver a Consignment to the Consignee or as he may
order, or when by paragraph 7.2 above transit is deemed
to be at an end, the Carrier may sell the goods
comprising the Consignment. Payment or tender of the
proceeds after deduction of all proper charges and
expenses in relation thereto and of all outstanding
charges in relation to the carriage and storage of the
Consignment shall (without prejudice to any claim or
right which the Customer may have against the Carrier
otherwise arising under these conditions) discharge the
Carrier from all liability in respect of the
Consignment.
8.2 Notwithstanding the generality of paragraph
8.1 above, the Carrier shall use his reasonable
endeavours to obtain a reasonable price for the
Consignment and the Carrier's power of sale shall not be
exercised where the name and address of the Customer or
of the Consignee is known unless the Carrier shall use
its reasonable endeavours to give notice to the Customer
and to the Consignee that the goods will be sold unless
within the time specified in such notice, being a
reasonable time in the
circumstances from the giving of such notice, the goods
are taken away or instructions are given for their
disposal.
9. Carrier's Charges
9.1 The Carrier's charges shall be made in accordance
with its tariff current at the time of performance of
the Contract. Invoices will be prepared by the Carrier
at least once a month. Credit discretion at anytime and
the balance outstanding shall become due immediately on
demand.
9.2 The Carrier's charges shall be payable by the
Customer without prejudice to the Carrier's rights
against the Consignee or any other person. Without
prejudice to the generality of the
foregoing, when goods are consigned "carriage forward",
the Customer shall not be required to pay such charges
unless the Consignee fails to pay after demand has been
made by the Carrier for the payment thereof and such
demand has not been paid within the time stipulated by
the Carrier to the Consignee.
9.3 Charges shall be payable on the expiry of any time
limit notified to the Customer (whether on any invoice
or otherwise) or failing such notification 30 days after
the relevant invoice and the Carrier shall be entitled
to interest at 3% above the base rate of HSBC Bank pie
for the time being calculated on a daily basis on all
amounts overdue to the Carrier. Any queries as to the
correctness of the invoice must be made in writing
within four-teen days of issue of the invoice otherwise
it will be payable in full.
9.4 Except where any quotation states otherwise, all
quotations given based on a weight charge shall apply to
the gross weight of the Consignment.
9.5 Unless stated otherwise, all charges quoted are
exclusive of Value Added Tax.
9.6 All sums due to the Carrier shall be paid without
deduction, set-off or abatement and the Customer shall
not withhold or defer any payment on account of any
claim or counterclaim and acknowledges that any such
claim or counterclaim whatsoever by the Customer against
the Carrier must be subject to separate proceedings.
10. Liability for Loss and Damage
10.1 The Customer shall be deemed to have elected to
accept the terms set out in paragraphs 10.2 and 10.3
below unless, before the transit commences, the Customer
has agreed in
writing that the Carrier shall not be liable for any
loss or misdelivery or damage to the Consignment however
or whenever caused and whether or not caused or
contributed to directly or indirectly by any act,
omission, neglect, default or other wrongdoing on the
part of the Carrier.
10.2 Save where the Customer has made specific
arrangements for insurance with the Carrier prior to
commencement of transit of the Consignment (as
determined in accordance with Clause
7.1), the Carrier shall not be liable for any loss or
misdelivery or damage to bullion, money, securities,
deeds, bills of exchange, promissory notes, stamps,
photographs, documents of title to property, jewellery,
precious stones, gold, silver, platinum and other
precious metals, non-ferrous metals other than in
component form, antiques, watches, furs, drugs, human
remains, nuclear fuel or nuclear waste, cassettes,
videos, spirits, tobacco (other than raw leaf tobacco)
and cigarettes, brittle/fragile/breakable articles or
livestock and the Customer shall indemnify and hold
harmless the Carrier in respect of any loss or damage
caused in respect thereof to any person whatsoever. In
addition, the Carrier shall not carry any passengers
under any circumstances.
10.3 The Carrier shall not be liable in respect of any
loss or misdelivery of or damage to any Consignment if
the same has arisen from and the Carrier has used
reasonable care to minimise the effects of:
10.3.1 Acts of God;
10.3.2 Any consequences of war, invasion, act of foreign
enemy, hostilities (whether war or not), civil war,
rebellion, insurrection, military or usurped power of
confiscation, requisition or destruction of or damage to
property by or under the order of any government or
public or local authority;
10.3.3 Seizure or forfeiture under legal process;
10.3.4 Act, omission, misstatement or misrepresentation
by the Customer or other owner of the Consignment or by
servants or agents of either of them; 10.3.5 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");
10.3.6 Insufficient or improper packing;
10.3.7 Insufficient labelling or addressing;
10.3.8 Riot, civil commotion, strike, lockout, general
or partial stoppage or restraint of labour from whatever
cause;
10.3.9 The Consignee not taking or accepting delivery
within a reasonable time after the Consignment has been
tendered;
10.3.10 Failure or delay in delivery for any reason
whatsoever beyond the control of the Carrier.
10.4 The Carrier shall not in any circumstances be
liable for loss or damage to the Consignment after
transit of such goods is deemed to have ended within
Clause 7 above, whether or not caused or contributed to
directly or indirectly by any act, omission, neglect,
default, or other wrongdoing on the part of the Carrier.
11. Fraud
The Carrier shall not in any circumstances be
liable in respect of a Consignment where there has been
fraud on the part of the Customer or the owner of the
Consignment or any part thereof or the servants or
agents of either of them in respect of that Consignment,
unless the fraud has been contributed to by the
complicity of the Carrier or of any servant of the
Carrier acting in the course of his employment.
12. Limitation of Liability
12.1 The liability of the Carrier for loss of or damage
to any Consignment shall be limited to a maximum of
£10,000 whether such loss or damage was due to the fault
or negligence of the Carrier or its servants, agents or
employees or otherwise. If the Customer wishes to
arrange a higher level of liability in respect of any
Consignment, then it should apply to the Carrier who may
be able to arrange this at an additional charge to the
Customer.
12.2 Where the mis-delivery, loss or damage howsoever
sustained is in respect of a part only of the
Consignment, the Carrier's liability shall be limited to
the actual value of that part of the Consignment or
where such can not be readily ascertained a sum
representing the proportion which the part of the
Consignment mis-delivered, lost or damaged represents of
the total Consignment based on the open market value of
the total Consignment.
12.3 Rapid Despatch shall not be liable to the customer
under or in Connection with this Agreement for any
indirect or consequential loss or damage or any loss of
or damage to profit, revenue, savings, use, contract,
goodwill or business, in each case howsoever
caused, including without limitation by reason of
misrepresentation (whether made prior to or in this
Agreement), negligence, other tort, breach of contract
or breach of statutory duty.
12.4 The Carrier shall be entitled to receive written
proof of the value of the Consignment damaged or lost
and shall be afforded by the Customer a reasonable
opportunity to inspect the Consignment when delivery has
been effected to the Consignee.
12.5 The Carrier shall only be liable for loss or damage
occurring within the geographical limits of Great
Britain. For journeys outside these limits, liability
shall be restricted to the amount of cover provided by
the international agent or carrier chosen at the
Carrier's absolute discretion.
13. Time Limits for Claims
13.1 The Carrier shall not be liable for:
13.1.1 Loss of a parcel, package, or container or from
an unpacked Consignment or for damage to a Consignment
or any part of a Consignment unless it is advised
thereof in writing otherwise than upon a consignment
note or delivery document within 3 days and the claim
giving details of quantum and the circumstances of any
loss is made in writing within 7 days after the
termination of transit as determined above;
13.1.2 Loss or mis-delivery or non-delivery of the whole
of the Consignment or any separate parcel, package or
container forming part of a Consignment unless the
Carrier is advised of
the loss, mis-delivery or non-delivery in writing,
otherwise than upon a consignment note or a delivery
document within 14 days and the claim giving details of
quantum and the circumstances of any loss is made in
writing within 21 days after the commencement of transit
as determined above.
14. Indemnity to the Carrier
14.1 The Customer shall indemnify the Carrier against:
14.1.1 All consequences 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) of any error, omission,
misstatement or misrepresentation by the Customer or
other owner of the Consignment or by any servant or
agent of either of them, insufficient or improper
packaging, labelling or addressing of the
Consignment or fraud;
14.1.2 All claims and demands whatsoever by whomsoever
made in excess of the liability of the Carrier under
these Terms and Conditions;
14.1.3 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 by the Carrier
of Dangerous Goods whether or not declared by the
Customer as such;
14.1.4 All claims made upon the Carrier by H M Customs &
Excise in respect of dutiable goods consigned in bond
whether or not transit has ended or been suspended.
15. Lien
The Carrier shall have a general lien against
the Customer, where the Customer is the owner of the
Consignment, for any monies whatever due from the
Customer to the Carrier. If such a lien is not satisfied
within a reasonable time, the Carrier may at its
absolute discretion sell the Consignment or part
thereof, as agent for the Customer and apply the
proceeds towards monies due and the expenses of the
retention, insurance and sale of the Consignment and
shall, while accounting to the Customer for any balance
remaining, be discharged from all liability whatsoever
in respect of the Consignment. Where the
Customer is not the owner of the Consignment, the
Carrier shall have a particular lien against the said
owner, allowing the Carrier to retain possession, but
not dispose of, the goods against monies due from the
Customer in respect of the Consignment.
16. Unreasonable Detention
The Customer shall be liable
for the cost of unreasonable detention of any vehicle,
trailer, or other item of the Carrier, but the rights of
the Carrier against any other person shall remain
unaffected.
17. Impossibility of Performance
The Carrier shall be
relieved of its obligation to perform a Contract to the
extent that performance is prevented by the failure of
the Customer, fire, weather conditions, industrial
dispute, labour disturbance or cause beyond the
reasonable control of the Carrier.
18. Computation of Time In the computation of time,
where any period of days provided by these Terms and
Conditions is 7 days or less, Saturdays, Sundays and all
Bank/Public Holidays shall be excluded.
19. Governing Law and Jurisdiction These Terms and
Conditions and all Contracts shall be governed by and
construed in accordance with the Laws in England and any
proceedings in
relation thereto shall be subject to the exclusive
jurisdiction of the English Courts |
