1 Parties
The parties to this agreement are:
1.1 “The Courier” is Avango Couriers Limited or one of its subdivisions which expression shall where the context allows include his employees agents and subcontractors.
1.2 “The Customer” refers to the person, firm or company named as a Customer of Avango Couriers Limited, its subdivisions, employees, agents and subcontractors.
2 Definitions
“Subcontractor” means any person whose services the Courier engages or makes use of to perform the whole or any part of the services the subject of this contract.
“Dangerous goods” means goods included in the list of dangerous goods as defined in the Classification Packaging and Labelling of Dangerous Substances Regulations (known as the C.P.L. Regulations), and in the classification and labelling of explosives regulations (The Radioactive Substances [Carriage by Road Great Britain] Regulations 1974) and including any other relevant legislation or regulations together with any amendments to them, or means goods which present a comparable hazard.
“Consignment” means the delivery of goods in bulk or contained in one parcel, package, container or envelope or as the case may be or any separate number of parcels, packages, containers or envelopes sent at any one time in one load by or for the Customer from one or more collection addresses to one or more delivery addresses.
“Goods” includes papers and documents and any other items, other than those expressly excluded.
3 Third Parties
The Courier shall be entitled to appoint sub-contractors and/or agents and it is hereby declared any sub-contractor of the Courier and the employees of the Courier and any such sub-contractor and also any person deriving title to the goods from the Customer are third parties to this contract within the meaning of the Contracts (Rights of Third Parties) Act 1999 and shall be entitled to enforce this contract accordingly.
4 Couriers obligations
4.1 The Courier shall use its best endeavours to deliver the goods specified to any and all delivery addresses so specified by the customer within the requisite time frame specified by the customer.
4.2 The Courier shall not be liable for any delay in delivery caused by the unavailability at the delivery address of the consignee or other authorised recipient.
4.3 The Courier shall not be liable for loss of or damage to or mis-delivery or delayed delivery of the goods occasioned by:
4.3:1 ‘act of God’ including but not limited to storm tempest or flood.
4.3:2 act of war, hostilities, riot or civil commotion or the threat or fear of such conditions prevailing.
4.3:3 criminal, malicious or negligent actions or acts or omissions of third parties.
4.3:4 industrial action or unforeseeable traffic conditions.
4.3:5 the effect of ionising radiation or uncontrolled nuclear reaction.
4.3:6 suspension or cancellation of transport services by reason of, or the threat or fear of, inclement weather or any of the matters set out in clauses 4.3:1 to 4.3:5 inclusive.
4.3:7 Fire, lighting or explosion.
4.3:8 Seizure under legal process.
4.3:9 Act, default or omission of whatever nature of the Customer, his employees or agents or any person having any interest in the goods.
4.3:10 Insufficient or improper packing labelling or addressing.
5 Customers obligations
Subject to the provisions of this agreement the Customer undertakes:
5.1 That in relation to the Goods the Customer is either solely beneficially entitled to the Goods or has the authority of all those interested in the Goods to enter into this contract and to bind them to its terms.
5.2 In the event of any claim by any third party against the Courier arising out of this contract, to indemnify the Courier against the claim and all legal and other costs incurred, except to the extent that the Customer establishes that the Courier would have been liable to the Customer had the original claim been made by the Customer, but on the assumption that the Customer had retained title to the Goods.
5.3 To give any instructions requested by the Courier in pursuance of clause 4 above, in writing as soon as reasonably practicable.
5.4 To make all payments as provided in clause 11 below.
6 Limitation of liability
6.1 The liability of the Courier in the event of loss of or damage to or mis-delivery of the goods (where the Couriers liability is not otherwise excluded) shall not exceed the declared value of the goods specified or otherwise declared by the Customer (and pro rata in the case of an event affecting part only of the goods) or the cost of repairing any damage or of reconditioning the goods subject always to a maximum liability of £20,000 per Consignment or part thereof in the case of an event affecting part only of the Consignment.
Where the Customer requires a higher value of cover this shall be expressly negotiated and agreed in writing, subject to any increased cost advised by the Courier. The value of the goods actually lost damaged or mis-delivered shall be taken to be their invoice value if they have been purchased by the Customer, or otherwise shall be taken to be the replacement cost to the owner at the commencement of transit, and in all cases shall be taken to include any Customs and Excise duties or taxes payable in respect of the goods, provided always that the Courier shall be entitled to proof of value of the Consignment or any part of it.
6.2 The liability of the Courier for delay in delivery (where the Couriers liability is not otherwise excluded) shall not exceed a sum equal to the carriage charges or a proportion of those charges in the case of an event affecting part only of the goods.
6.3 The Courier shall not be liable for any physical loss, mis-delivery or damage to any theft-attractive goods unless the Courier has specifically agreed in writing prior to transit commencing to carry such items and the Customer has agreed in writing to reimburse the carrier in respect of all additional costs, including insurance costs, which result from the carriage of the said items and the loss, mis-delivery or damage is occasioned during transit and is proved to be due to the negligence of the Courier its servants or agents.
6.4 The Courier shall not in any event be liable for any consequential loss whatsoever and howsoever arising (including in relation to theft attractive goods) which shall include without limitation all economic losses, loss of profits, increased management or labour costs, loss of future business, loss of reputation and goodwill, loss of market or falls in prices of whatever nature and all other damages, costs or expenses or other indirect losses including any liability to or claims by any third party.
7 Excluded goods
7.1 The Customer shall not submit for carriage and the Courier may at any time abandon the carriage of any goods of a type specified in clause 6.2 below.
7.2 The following are excluded goods:
7.2.1 Explosive and inflammable articles firearms including parts of any firearms ammunition and detonators.
7.2.2 Dangerous goods. The Courier does not contract to carry or store dangerous, verminous, infested, contaminated or condemned goods.
7.2.3 Any article the possession of which in (or the importation of which into) any country from through, or to which, the carriage is to take place is illegal or prohibited.
7.2.4 Any written printed or pictorial matter which is obscene, blasphemous, scandalous or defamatory or proscribed or prohibited.
7.3 If the Courier abandons goods in pursuance of clause 6.1 above, he shall immediately notify the Customer of the circumstances, but shall be under no liability in respect of the safe-keeping of the abandoned goods.
8 Transit
8.1 Transit begins when the goods are handed to or collected by the Courier for carriage.
8.2 Transit shall be suspended:
8.2.1 When the goods are held by the Courier at some place other than the destination at the request of, or for the convenience of, the Customer or because the Customer or Consignee refuses or is unable to take delivery at the destination or;
8.2.2 when the goods are detained for Customs purposes and shall be resumed when the Courier resumes the carriage of the goods.
8.3 Transit shall (unless otherwise previously determined) end:
8.3.1 in the case of goods to be delivered by the Courier when they are tendered at the usual place of delivery within the customary delivery hours of the district, or at such other times or places as may be agreed between the Courier and the Customer;
8.3.2 in the case of goods not to be delivered by the Courier awaiting order or collection, at the expiration of one clear day after notice of arrival has been given either orally or in writing to the consignee (or to the sender when the address of the Consignee is not known); provided that when the addresses of both the sender and consignee are not known, the said end shall be at the expiration of one clear day after the arrival of the goods at the place to which they are consigned.
8.4 The Courier shall be entitled to raise a charge in respect of any wasted or needless journeys made or for any delay in attempting to effect delivery of the goods due to any default of the Customer and/or consignee in accordance with its own costings scales.
8.5 Any collection cancelled within one hour of collection time shall be liable to a charge of 80% of the originally agreed fee. Cancelations on the same day will be liable to a charge of 50% of original fee, and cancelations within an hour of close of business the night before an am collection will be charged 25% of the original fee.
9 Means of transport
9.1 Goods accepted by the Courier for carriage may be carried by such means of transport and by such route as the Courier thinks fit and these conditions shall apply to whatever means or routes by which the goods are carried.
9.2 Goods carried wholly or partly by water or air or rail shall in connection with liability in respect of such carriage be carried subject to the applicable Conditions of Carriage by water or air or rail of the carrier who carries the goods such conditions to be read as though reference therein to water or air or rail carrier were reference to the Courier. In the absence of proof to the contrary where goods are carried partly by land and partly by water or air or rail any loss damage or delay shall be deemed to have occurred whilst the goods are being carried by road.
10 Loading, unloading, Waiting time, Refused delivery, & Return Loads
10.1 On collection or delivery at a Senders or Consignees premises the Courier shall be under no obligation to provide any plant, power or labour for loading or unloading. Unless otherwise agreed in writing.
10.2 Subject to these Conditions, the Couriers servants and/or employees have no authority to give assistance other than under supervision in the loading and unloading at the usual place of collection or delivery and the Courier shall not be liable for any loss or damage howsoever caused including negligence attributable to such or to any other assistance given and the Customer shall indemnify the Courier against any claims made against the Courier as a result of any such other assistance given.
10.3 Consignments or part thereof requiring special appliances for unloading from a road vehicle are accepted for carriage only on the condition that the Customer has duly ascertained from the consignee that such appliances are available at the destination. Where the Courier is, without prior arrangement in writing having been made by the Customer, called upon to load or unload Consignments or parts thereof for which special appliances are required, the Courier shall be under no liability whatsoever to the Customer for any damage howsoever caused, whether or not by the negligence of the Courier and the Customer shall be responsible for and indemnify the Courier against any damage or liability which the Courier may suffer or incur either itself or in respect of loss, damage or injury suffered by the Couriers employees or any third party.
10.4 Deliveries refused through no fault of the courier (i.e. not booked in) will incur a return charge of 80% of the rate originally agreed for the delivery.
10.5 Delays in excess of 30 minutes at the collection or delivery point will incur a standard charge of £20 per 30 minutes (or part of), unless otherwise agreed in writing.
10.6 Prices quoted are for delivery or collection on a “One way” basis to a single destination unless otherwise agreed. Multiple collection and delivery locations may be added at extra cost but must be agreed beforehand.
10.7.1 Return loads without prior agreement will be refused unless the customer is willing to pay a minimum of 70% of the original charge.
10.7.2 Part-loads without prior agreement will be refused unless the customer is willing to pay a minimum of 85% of the original charge.
10.8 Damage to vehicle at loading or unloading point by forklift truck or other means will be claimed for, against the person committing the damage or the persons or company the job is being undertaken for.
10.9 Damage to vehicle by incorrectly packaged load etc. will also be claimed for.
10.10 The Courier reserves the right to refuse to accept for loading any badly packaged, unsafe or damaged goods at collection. If staff at the collection address are unable to or unwilling to re-pack any unsafe or unsuitable items for transit, the Customer is liable for 80% of the agreed charge.
11 Payment
11.1 New customers will be charged by Proforma invoicing until a minimum 30-day period has taken place unless agreed in writing by the Courier beforehand, after which a 30-day account may be allowed, subject to a minimum £500 monthly spend.
11.2 ‘30-day account’ Customers will be invoiced within 24 hours of completion of each delivery requested. It is the Customers responsibility to notify the Courier in writing if an invoice has not been received, within 7 days of the delivery having been completed. The Courier reserves the right to assume that all invoices have been received if no such notification is raised within 7 days of delivery.
11.3 The Customer shall pay (for any and all deliveries that are allowed a 30 day account) strictly within 30 days of receipt of the Couriers invoice, without set-off or deduction or counterclaim.
11.4 The Courier is not required to present a copy of the Proof of Delivery (POD) in order to satisfy payment of any invoice unless requested to do so in writing by the Customer before the delivery is undertaken and completed.
11.5 In default of payment (which is 31 days from date of invoice) the Courier shall be entitled to charge interest at the rate of 25% (APR) on any and all outstanding amounts until the payment is received in full.
11.6 For any and all invoices not paid in full after 60 days from date of invoice, the Courier reserves the right to implement court proceedings to recover the full amount including any court costs incurred in the process.
12 Time Limits for Claims
12.1 The Courier shall not be liable for any damage to goods or delay unless it is advised in writing within 14 days of delivery or the date specified for delivery in regard to goods not actually received.
12.2 The Courier shall not be liable for any loss or mis-delivery unless it is advised in writing by the Customer (otherwise than upon delivery of the Couriers documents) within 14 days of transit commencing and the claim is made in writing within 28 days after transit began.
12.3 The Courier shall in any event be discharged from all liability whatsoever in respect of the Consignment unless proceedings are commenced within a period of 90 days from the termination of transit or, in the case of loss mis-delivery or non-delivery of the whole Consignment, from the said 28 days referred to in Clause 12.2.
12.4 In any event any damaged goods must be made available to the Courier for inspection.
13 Warranties and Indemnities
The Customer shall indemnify the Courier in respect of the whole of any fine or penalty or legal and other costs incurred by the Courier and any other loss, outlay and expense sustained by the Courier by reason of the Customers breach of clauses 4 And 5.
13.1 The extent of the Couriers responsibilities and liabilities are defined in these conditions and the Customer shall save harmless and keep the Courier indemnified from and against all claims, costs and demands of whatsoever nature and by whomsoever made and howsoever arising from negligence or otherwise in excess of the liability of the Courier under these Conditions arising directly or indirectly from the collection, carriage, storage and/or delivery of the Customers Consignment.
13.2 In the absence of written notice to the contrary given to the Courier at the time of delivery to them, all goods and the packaging within which they are contained are warranted by the Customer to be fit to be carried and stored.
13.3 The Customer will be responsible for and will indemnify the Courier against all losses damage and claims of whatsoever nature made upon the Courier for which the Courier may be or become liable arising from the tender of a Consignment all or part of which consists of dangerous, infested, contaminated or condemned goods including loss and/or damage sustained by the Courier to its own property and injuries or loss sustained by servants and/or sub-contractors of the Courier.
14 Couriers lien
The Courier shall have a general lien against the owner of the Goods for any money due from the Customer or such other owner to the Courier and if any such lien is not satisfied within a reasonable time the Courier may in its absolute discretion sell all or part of the Goods as agent for the owner and apply the proceeds towards the money due and the expenses of retention insurance and sale of the Goods and shall on accounting to the Customer for any surplus be discharged from all liability whatever in respect of the Goods.
The contract and these Terms and Conditions shall be construed and governed by the Laws of England.