1 Interpretation

  1. In these terms and conditions ('Conditions'): 

  2. 'Dangerous Goods' means items from time to time specified in the United Nations Recommendations on the Transport of Dangerous Goods ('UNRTDG') and any other items which we from time to time specify.

  3. 'Delivery Address' means the full postal address (including the post code) specified on the address label or on the consignment note filled in by the customer.

  4. 'Consignment' means any goods whether a single item, in bulk or a number of separate items to be delivered to the same Consignee (including any of them or any part of them).

  5. 'Consignee' means the consignee specified on the address label. 

  6. 'Value' means, in respect of any Consignment, the lesser of the cost and the market value of such Consignment.

  7. 'You' means the person(s) or company whose order for the delivery of a consignment is accepted by 'your' and us will be interpreted accordingly.

  8. 'We' means Speedy Parcels Ltd. (company registration no. 5259633) whose address is Unit P, Field Way, Metropolitan Park, Greenford, Middlesex UB7 8UN. 'Us' and 'Our' will be interpreted accordingly.

 

2 Consignments

  1. You warrant that:

  2. If you do not own a consignment or any part of it, you are an agent of the owner(s) of the Consignment and are authorised to enter into these Conditions on the owner(s) behalf.

  3. All Consignments and their packaging will be fit and safe to be handled and carried by us, and
  4. No Consignment will exceed any size or weight restrictions, which we from time to time specify. 

  5. We do not carry and you warrant that no Consignment will contain any bullion, antiques, cashiers or travellers cheques, currency, stamps, firearms, money orders, cigarettes, precious stones or metals or negotiable instruments in bearer form and we will have no liability (whether caused negligently or otherwise) for loss, damage, mis-delivery or non-delivery or late delivery of the same. 

  6. Unless we agree in writing, before transit commences, you acknowledge that we do not carry any Consignments containing perishable goods, food, liquids, paints, inks, plants, drugs, medicines or alcoholic beverages and we will have no liability (whether caused negligently or otherwise) for loss, damage, mis-delivery or non-delivery or late delivery of the same. 

  7. You will indemnify us and keep us indemnified against any cost, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgements, which we suffer as a result of a breach of the warranties contained in 2.1, 2.5 and 2.6. 

  8. You acknowledge that our transit system is not suitable for carrying consignments containing glass, china, ceramics, pottery, stoneware, fossils, works of art, or similar such materials and we will have no liability (whether caused negligently or otherwise) for damage caused to the same. We recommend that you pack such items very carefully and using recognised shock-absorbing materials. 

  9. We may open or inspect any Consignment. 

3 Dangerous Goods

  1. You warrant that Consignments will not:

  2. Contain any items specified in classes 1, 2, 3 or 7 of the UNRTDG; and 

  3. Unless we otherwise agree in writing before transit commences, contain any other class of Dangerous Goods. 

  4. If we agree to carry Dangerous Goods: 

  5. You must comply with all requirements of the UNRTDG in relation to such goods and you warrant that no Consignment will contain any Dangerous Goods in excess of the amounts thereof specified in the UNRTDG; 

  6. You must provide us with a full written declaration of the nature and content of such goods and the nature of the hazard presented by such goods together with all instructions for the safe handling of such goods; 

  7. Such goods must be properly and safely packed and labelled in accordance with any requirements, which we specify and in accordance with statutory regulations in force from time to time for transport by road, air and sea. 

  8. You will indemnify us and keep us indemnified against all any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings, or legal costs and judgements which we suffer or incur as a result of any breach of the warranties contained in this clause for us carrying such Dangerous Goods, whether declared as such or not. 

 

4 Loading or unloading

  1. Unless we agree otherwise; 

  2. If we collect or deliver a Consignment to or from your premises, you will provide appropriate equipment and labour for loading or unloading the Consignment, and 

  3. If a Consignment requires equipment or labour in excess of the driver to be unloaded at the Delivery Address, you warrant that such equipment or labour will be provided at the Delivery Address. 

  4. Any assistance we provided to load or unload a Consignment will be provided at our discretion and is at sole risk and we will not be liable for any damage caused (whether negligently or otherwise). You will indemnify us and keep us indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgements which we suffer as a result of the provision of such assistance. 

5 Transit

  1. In relation to each Consignment you must complete such consignment note ('Consignment Note') and address label ('Address Label') in each case as we from time to time specify. 

  2. Transit begins from the time we pick up your consignment or is accepted in our offices if you are delivering the same to us. At your request we will sign a document acknowledging receipt of a Consignment. Such document will not, regardless of its items, be evidence of the condition, nature, quantity or weight of the Consignment when delivered to us. 

 

6 Transit Ends

  1. When a consignment is delivered to the delivery address, in accordance with your instructions. A consignment is left at the delivery address, despite there being no-one available at the delivery address to take the delivery of the consignment or 7 days after the consignee is notified (whether in writing or orally) that we have made an unsuccessful attempt to deliver the consignment and that the consignment is available for collection from the nearest depot. 

  2. Transit may occur using any means of transport and by any route we think fit. Without limiting this condition you acknowledge that part of the transit of consignments to Jersey, Guernsey, Rep. Of Ireland, Aberdeen or any Scottish Islands will be by air. 

7 Delivery

  1. We will deliver consignments to the delivery address, provided that if the delivery address has, or is served by a central mail delivery and/or collection area, we may deliver the consignment to that area. We are not required to deliver consignments personally to the consignee. 

  2. You must select a service option on the Consignment Note specifying when the Consignment is to be delivered. If you do not select a service option you will be deemed to have left it at our discretion to use the best available option. 

  3. If you select the next day, Saturday, 48 hour or 72 hour service options we will deliver the Consignment by no later than the end of the relevant day or period after the day on which the Consignment is accepted; 

  4. A service option specifying a time at which delivery is to be made, we will deliver the Consignment within 30 minutes before or after such a time. 

  5. We only deliver on Saturdays if you mark the Saturday service option on the Address Label. If we make a delivery on a Saturday, you must still pay the Saturday delivery fee. 

  6. Time for delivery is not of the essence. We will not be in breach of these conditions if a Consignment is delivered late. 

  7. If we make two failed attempts to deliver a Consignment, we may charge you an additional sum for each subsequent attempted delivery or attempt to return the Consignment to you, whether successful or not. 

  8. At your request, within 14 days of the date the Consignment is delivered we will use reasonable endeavours to provide a proof of delivery of the Consignment, provided that provision of the same does not constitute a condition of payment. We may at our discretion impose a charge for providing you with a proof of delivery outside this 14-day period. 

8 Undelivered or Unclaimed Goods

  1. We may sell or dispose of consignments if: 

  2. We cannot determine the sender or the Consignee of the Consignment. 

  3. We are unable to deliver the Consignment; or 

  4. Transit is deemed to be at an end under condition 6. 

9 Charges

  1. Transit charges are subject to change without prior notice and will be payable by you within 15 days of the date of our invoice or as we notify you in writing from time to time. 

  2. All charges are expressed exclusive of VAT which may be chargeable and which will be payable in addition by you. 

  3. If you do not pay any sum payable to us on its due date, without prejudice to any other rights which we may have; 

  4. We may charge and you will pay interest upon such sum from the due date until payment is made in full, both before and after any judgement, at 2% per month; 

  5. We may recover our costs and expenses of collecting such amount; 

  6. We may suspend deliveries of other Consignments until the outstanding amount has been received by us; and 

  7. Any other sums owing from you to us, regardless of whether we have issued you with an invoice for such sums or whether such sums are due to be paid in the future will become immediately due and payable. 

  8. All payments due from you under these Conditions will be made without deduction whether by way of counterclaim, set-off or otherwise unless you have a valid court order requiring an amount equal to the deduction to be paid by us. 

  9. You will notify us of any change in your name, address or other circumstances that may affect the payment of any charges at least 14 days in advance of date of the change. 

  10. Parcels greater than 2 meters in length will incur an oversize surcharge. We may apply volumetric weights on oversized Consignments. The volume weight is calculated by multiplying the length x breadth x height in centimetres and dividing that by 3000 for road service and 6000 for air service. 

  11. Heavy weight items exceeding 30 kilograms per consignment at our discretion may incur a manual-handling surcharge. 

  12. Any queries relating to invoiced charges must be received by us, in writing, within 7 Days of the date of the invoice. 

10 General Exclusions and Liability

  1. We will not be liable to you for any loss, damage, miss-delivery, non-delivery or delayed delivery of any Consignment which occurs as a direct or indirect result of; 

  2. Anything you or your employees or agents do or omit to do or any mis-statement or mis-representation, you or your employees or agents make; 

  3. Any inherent liability to wastage, latent or inherent defect, vice or natural deterioration or electrical derangement of the Consignment; 

  4. The consignment being insufficiently or improperly packaged; 

  5. The Consignment being incorrectly or insufficiently addressed (including the correct postal code) or labelled; 

  6. We will in no circumstances be liable to you for pure economic loss or loss of profit, business, sale, market, goodwill and like loss, whether direct or indirect and whether caused negligently or otherwise. 

  7. Notwithstanding anything to the contrary contained elsewhere in these Conditions, if you have sub-contracted the delivery of any Consignment to us, we will not be under any greater liability to you in respect of such Consignment than you have contractually to your customer. 

  8. We will not be liable for any loss, mis-delivery, non-delivery or delayed delivery of or damage to a Consignment or otherwise for any failure or delay in performance of our obligations under these Conditions due to any event beyond our reasonable control including, without limitation; 

  9. Delay or cancellation of ferries, flights or railway transport; 

  10. Failure by consignee to accept delivery of the Consignment; 

  11. Delays in or refusal of customs clearance; 

  12. Act of God, war, riot, civil commotion, malicious damage, or blockades, strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party) compliance with any law or governmental order, rule, regulation or direction seizure under legal process, national emergency, fire, flood, tempest or storm, accident, breakdown of plant or machinery default of supplies (including, without limitation fuel) or sub-contractors. 

  13. Where written instructions are given to leave goods in a "safe" location, liability for any subsequent loss or damage will be declined. 

11 Time Limit For Claims

  1. We will not be liable (whether in negligence or otherwise) for damage to Consignments or loss, mis - deliveries or non - delivery of any Consignment (or any part thereof), unless you notify us (other than upon any delivery document) of the same within: 

  2. days of the date of delivery if the proof of delivery is signed as having been received in good condition; and 

  3. 7 days of the date of delivery (or the due date for delivery if the whole Consignment has been lost or mis ? delivered) in all other cases, 

  4. And make a written claim against us within 21 days of the date of delivery or the due date of delivery (as appropriate).

12 Liability for Late Delivery

  1. Our sole liability in respect of late delivery of a Consignment, whether as a result of negligence or otherwise, is limited to the lesser of the difference in price between; 

  2. The service option you selected and the next quickest service option available for such Consignment which, if we had delivered the Consignment in accordance with such option, could have resulted in delivery of the Consignment at the same time as it was delivered; and 

  3. The service option you selected and the next quickest service option available for such Consignment which, if we had delivered the Consignment in accordance with such option, could have resulted in delivery of the Consignment at the same time as it was delivered; and 

  4. We will have no liability for late delivery of any Consignment for which you select the slowest service option available for such Consignment 

 

13 Full Transit Liability Options

  1. Before transit commences you may request an increase in our liability under condition 14 under the extended cover option ("Extended Cover"). If we agree, Extended Cover is available in units of £1,000 (each a "unit" of Extended Cover) up to a maximum of 10 units per Consignment. 

14 Liability for Loss and Damage

  1. Our sole liability for loss, mis-delivery of or damage to any Consignment whether caused negligently or otherwise, is limited to cost of carriage on the service option selected unless the value of the goods in transit is declared on the consignment note and extended liability cover is opted for. 

  2. We may at our discretion, in respect of any Consignment in relation to which you have not taken out Extended Cover under Condition 13, agree to pay £10.00 per kilogram of the gross weight of such Consignment or the part of such Consignment, which has been lost, mis-delivered or damaged. 

  3. In respect of any Consignment which you have taken out Extended Cover, the applicable sum for the purpose of Condition 14 will be the number of units of Extended Cover purchased for such Consignment provided that if the Value or the cost of repairing the Consignment exceeds the number of units of Extended Cover purchased for such Consignment, our liability will be limited to an amount equal to the same proportion of the amount of the loss or damage to the Consignment as such number of units of Extended Cover is to the value or the cost of repair as appropriate of the Consignment. 

  4. Where, in relation to 14.2 and 14.3, liability is accepted by us, you acknowledge that a claim excess will apply to each and every claim and that the first £35.00 of any such liability will not be recoverable. 

  5. If during transit a Consignment is carried by water, rail or air, our liability for any loss or damage to the Consignment during this period of transit by water, rail or air will not exceed the liability of the carrier providing the water, rail or air carriage to us. 

  6. Shock labels or similar devices designed to show where the Consignment has been subject to treatment likely to cause damage to it are not accepted as proof of damage of any Consignment. 

 

15 Lien

  1. We have a general and particular lien over all Consignments for all moneys owing from you. If payment from you remains due and unpaid, we reserve the right to notify you for the amount of any lien and of our intention to exercise the lien by selling the consignment. If any lien is not satisfied within 7 days of us notifying you of its exercise, we may sell the Consignment as your agent. We will tender the sale proceeds to you after deducting all moneys owing from you and expenses and charges incurred in the sale. Having done so we will have no further liability to your Consignments. 

 

16 Unreasonable Detention

  1. After an initial period of 10 minutes, we may charge you £5.00 for each 15-minute period spent attempting to collect or deliver Consignment.

 

17 Periods of Time

  1. Where these Conditions specify a period of time such period will not include any day that is a Saturday, Sunday or public or bank holiday in any country through which transit of the Consignment passes. 

18 General

The headings in this conditions are for convenience only and do not affect their interpretation.

  1. Any consignment accepted for transit is accepted upon these conditions to the exclusion of all others that you attempt to apply, even if they are endorsed upon, delivered with or contained in any document that you deliver to us. Delivery of a consignment to us by you will be conclusive evidence of your acceptance of these conditions. 

  2. Variations to these conditions and representations about the services we are to provide to you will be ineffective unless expressly agreed in writing by an authorised signatory. 

  3. Any failure by us to enforce or partially enforce any provision of these conditions will not amount to a waiver of our rights. 

  4. These conditions are personal to you and you may not assign, license or sub contract any or all of your rights or obligations under them without our prior written consent. 

  5. Any provision of these conditions, which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable ( in whole or in part) will to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these conditions and the remainder of such provision shall not be affected. 

  6. All communications between the parties about these conditions must be in writing and be delivered by hand, pre-paid first class or fax, it to us at our registered address and if to you, to your address specified on the account application form, or in either case, to such other address is notified by either party to the other. 

  7. These conditions contain all the terms which we have agreed in relation to the subject matter of these conditions. Neither party has been induced to enter into these conditions by a statement or promise which they do not contain. This condition 18.8 will not exclude any liability which one party would otherwise have to the other in respect of any fraudulent statements. 

  8. The formation, construction, performance, validity and all aspects of these conditions is governed by English law and the parties submit to the exclusive jurisdiction of the English courts. 

  9. The parties to these conditions do not intend that any of its terms will be enforceable by virtue of the Contracts (rights of third parties) Act 1999 by any person not a party to it.

19 Data Protection Act

  1. You consent to and understand that, for all account applications, a credit search will take place using a credit reference agency. 


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