Conditions of carriage for courier service
1 The Parties
The parties to this agreement are:
1.1 Crownoak business same day Couriers (the Courier‘) which expression shall where the context allows include his employees agents and sub-contractors
1.2 The person firm or company named as the Customer - overleaf - (‘the Customer’)
‘Sub-Contractor’ means any person whose service the Courier engages or makes use of to perform the whole or part of the services the subject of this contract.
‘Dangerous goods’ means goods included in the lost of dangerous goods as defined in the classification Packaging and Labeling of Dangerous Substances Regulations (known as the C.P.L. Regulations), and in the classification and labeling of explosives regulations( The Radioactive Substances (Carriage by Road)(Great Britain) Regulations Act 1974) and including any other relevant legislation or regulations together with any amendments to them, or means goods which present a comparable hazard
“Theft attractive goods” include: Money, Securities, Deeds,. Bills of exchange, Promissory notes, Stamps, Photographs, Mobile telephones and all ancillary equipment, General telephony equipment, Documents, Spirits, Tobacco and cigarettes
“Consequential Loss” shall include without limitation all economic losses 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 liability to or claims by any third party.
“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 parcel packages containers or envelopes sent at any one time in one load by or for the Customer from one address to one address. “Goods” includes papers and documents other than those expressly included.
3 Courier’s obligations
3.1 The Courier shall use its best endeavours to deliver the goods specified to the delivery address so specified at about or before the time so specified
3.2 The Courier shall not be liable for any delay in delivery caused by the unavailability at the delivery address of the consignee or other authorized recipient
3.3 The Courier shall not be liable for the loss or damage to or mis-delivery or delayed delivery if the goods occasioned by:
3.3.1 act of God including but not limited to storm or tempest or flood
3.3.2 act of war hostilities riot or civil commotion or the threat or fear of such conditions prevailing
3.3.4 criminal malicious or negligent actions or acts or omissions of third parties
3.3.5 industrial action or unforeseeable traffic conditions
3.3.5 the effect of ionising radiation or uncontrolled nuclear reaction
3.3.6 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 3.3.1 to 3.3.5 inclusive
3.3.7 Fire-lighting or explosion
3.3.8 Seizure under legal process
3.3.9 Act default or omission of whatever nature of the Customer his employees or agents or any person having interest in the goods
3.3.10 Insufficient or improper packing or labeling or addressing
4 Customer’s obligations
Subject to the provisions of this agreement the Customer undertakes:
4.1 That in relation to the Goods the Customer is either solely or beneficially entitled to the Goods or has the authority of all of those interested in the Goods to enter unto this contract and to bind them to its terms
4.2 In the event of 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 he original claim been made by the Customer but on the assumption that the Customer had retained title to the Goods
4.3 To give any instruction requested by the Courier in pursuance of clause 3 above as soon as reasonably practicable
4.4 To make all payments as provided by clause 13 below
4.5 Ensure that all Goods are sufficiently or properly packaged labelled or addressed
5 Limitation of liability
5.1 The liability of the Courier in the event of loss of or damage to or mis-delivery of the Goods (where the Courier’s liability is not otherwise excluded) shall not exceed the declared value of the Goods specified to the Courier or otherwise declared by the Customer (and pro rata in the case of an event affecting part only of the Goods) or the cost or repairing any damage or of reconditioning the Goods subject always to a maximum liability of £10,000 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. The value of the Goods actually lost damaged or mis-delivered shall be taken to be their invoice value if the 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.
5.2 The liability of the Courier for the delay in delivery (where the Courier’s 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
5.3 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 agrees 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 occasioned during transit and is proved to be due to negligence of the Courier its servants or agents.
5.4 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.
6 Excluded Goods
6.1 The Customer shall not permit for carriage and the Courier may at any time abandon the carriage of any goods of a type specified in clause 6.3 below
6.2 If the Courier abandons Goods in pursuance of clause 6.1 he shall immediately notify the Customer of the circumstances but shall not be under no liability in respect of the safe-keeping of the abandoned Goods.
6.3 The following are excluded Goods:
6.3.1 Explosive and inflammable articles firearms ammunition and detonators
6.3.2 Dangerous goods
6.3.3 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
6.3.4 Any article prohibited as hand luggage by British Airways
6.3.5 Any written printed or pictorial matter which is obscene blasphemous scandalous or defamatory or proscribed or prohibited
6.3.6 Human remains
7 Warranties and Indemnities
The Customer shall indemnify the Courier in respect 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 Customer’s breach of clauses 3, 4 and 6 above
7.1 The extent of the Courier’s responsibilities and liabilities are defined in these conditions and the Customer shall save harmless and keep the Courier indemnified from and against all claims cost 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 Customer’s Consignment.
7.2 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.
7.3 The Customer agrees that he will not submit to the Courier any Consignment containing dangerous, verminous, infested, contaminated or condemned Goods unless he shall first have given to the Courier in writing full details of the same and obtained the written agreement of the Courier to the submission of such Consignment.
7.4 The Customer will be responsible for and indemnify the Courier against all losses damage and claims 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, verminous, 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 or the Courier.
8 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 if Third Parties) Act 1999 and shall be entitled to enforce
this contract accordingly.
Conditions of carriage for courier service