1.) In these Terms and conditions, unless the context otherwise permits or requires, the following expressions shall have the following meanings:-
"The Carrier" means Southern Despatch.
"The client" means any person, firm or company requesting the carrier to transport a Consignment and any servant agent or sub-contractor of the client who may order on their behalf.
"Consignment" means any communication, parcel, package, envelope, letter or other items contained in one parcel, envelope or package or any number of separate parcels, envelopes or packages sent at one time, on one load, at the request of the Client from any one Collection Point to any one Delivery Point.
"Collection Point" means the address at which any Consignment is to be collected or received by the Carrier.
"Delivery point" means the address to which any Consignment is to be delivered by the Carrier including any alternative Delivery Point specified by the Client. Delivery point addresses must be clearly marked on the outside of the package(s) and include contact names and phone numbers whenever possible
"Dangerous Goods" means any goods, which are specified in the special classification of dangerous goods, issued by the Government or goods of a similar nature or which present a comparable hazard.
Acceptance of terms and conditions
2. 1) Any consignment or other business undertaken by the Carrier or any information, advice or service supplied by the Carrier, (whether charged for or not) is undertaken or provided subject to these Terms and Conditions which shall be the terms of any contract for delivery of Consignments between the Carrier and the Client.
2.2) These Terms subject to and together with any variations agreed in writing between the Carrier and the Client shall constitute the entire contract between the Carrier and the Client and shall override or supersede any previous agreement or arrangement between the Carrier and the Client and in particular shall operate to the exclusion of any Terms and Conditions at any time referred to or purportedly imposed by the client. On acceptance by the Carrier of any Consignment the Client shall be deemed to have accepted these Terms.
3.) The Carrier is not a common Carrier and will only carry Consignments subject to these Terms and Conditions. The Carrier reserves the right at its absolute discretion to:..
Subcontract any part or parts of delivery.
Refuse to accept any Consignment or part thereof for delivery.
Deliver the Consignment by any available route.
Refuse to accept Dangerous Goods or any Consignment containing Dangerous Goods for delivery.
4. 1) The Client hereby warrants that:
The Consignment does not constitute or contain Dangerous Goods or any substance the possession, storage or delivery of which is a criminal offence or a breach of the provisions of any relevant statute regulation or bye-law under the laws of any part of the United Kingdom or of any jurisdiction to or through which the Consignment is to be delivered or in which it may be stored.
The Client has the authority in respect of the Consignment to authorise collection and delivery by the Carrier from the Collection Point to the Delivery Point.
4.2) The Client hereby agrees to indemnify the Carrier against and hold the carrier harmless from any loss, damage, claim, cost or expense which the Carrier, its employees, sub-contractors or agents may incur directly or indirectly as a result of any breach of warranty given in Clause 4(1) above.
5. 1) The Carrier shall use its reasonable endeavours to deliver the Consignment to the Delivery Point within the time specified by the Client, but time of delivery shall not be the essence unless agreed by the Carrier at the time of placing of the order.
5.2) The Carrier shall take all reasonable steps to obtain a receipt from the consignee or his or its employee, agent or sub-contractor and such receipt shall be conclusive evidence of the date, time and place of delivery.
6. 1) The carrier shall make one attempt to deliver a Consignment to the Delivery Point within the delivery time agreed with the Client. If
the Consignment cannot be delivered the Carrier will have the option to make contact with the Client for further instructions or change of Delivery Point. In either event at the Clients expense.
6.2) If the Client cannot be contacted to obtain further instructions for delivery, the Carrier shall make sensible and safe arrangements for delivery as soon as possible on the Clients behalf and at the Clients expense.
Liability for loss and damage
7.) The Carrier shall not be liable for any loss, mis-delivery, non-delivery or damage to any Consignment unless such a loss, mis-delivery, non delivery or damage has arisen from any wilful default or negligent act or omission by the Carrier, its employees, sub-contractors or agents.
Limitation of liability
8. 1) Subject to clause 7 hereof the liability of the Carrier arising from any loss of, or damage to, any Consignment or for non-delivery or mis-delivery, rises by reason of breach of contract or negligence on the part of the Carrier or its employees, agents or sub- contractors or otherwise howsoever. Provided that:
The liability of the Carrier shall in any case be limited to our insurance limitations in respect of any one Consignment.
The Carrier shall not be liable for any indirect, consequential or economic loss or damage incurred by the Client or any third party.
The Carrier shall not be liable in respect of any loss or damage to any Consignment that cannot be carried safely within the vehicle type requested by the Client from the Carrier for delivery of such Consignments or if the Consignment is not properly packaged or prepared for transit in parcels, envelopes or packages suitable for transit of goods, items or matters of a nature comprising the Consignment or any part thereof.
The Carrier shall be entitled to receive written evidence to its reasonable satisfaction of the value of the Consignment damaged or lost.
Not withstanding any provision to the contrary the terms, the Carrier shall not be liable for loss of, or damage to, non-delivery or mis-delivery of any cash, jewellery, watches, live stock, precious metals or similar valuable articles.
The Carrier shall not be liable for any loss or damage suffered by reason of the failure of the Client to address the Consignment correctly or at all.
The Carrier shall not be liable for any loss of or damage to a consignment unless a claim is made upon the Carrier in writing within 72 hours after completion of the delivery. (ii) In the case of loss, mis-delivery or non-delivery within seven days of acceptance by the Carrier of the Consignment concerned.
8.2) The Carrier and the Client have freely and openly negotiated this contract in the knowledge that the liability is to be limited in accordance with these Terms and the price charged by the carrier has been calculated accordingly. The Client acknowledges that a greater price would be payable but for such limitation. It is intended that the terms and Conditions should be reasonable as is between the Carrier and the Client having regard to the nature of the contract, but if at any time any of them are unforeseeable or void at law it shall not adversely affect or prejudice the remainder of them or the contract and it shall be deemed excluded from these Terms.
8.3) The Client shall insure the Consignment against all risks for the sum equal to the amount by which the Consignments replacement
value exceeds the limit of the Carriers liability pursuant to clause 8.1).
9. 1) The Client shall in respect of delivery of any consignment pay the Carriers charges in accordance with the Carriers current Tariff of
charges within 28 days from the date of the Carriers invoice thereof, The Carrier reserves the right to increase its charges at any time. The Tariff of charges is available for inspection by the Client at the Carriers offices (a copy is available upon request) and the Tariff shall be deemed to have been inspected by the Client whether or not actually inspected.
9.2) The carrier may at its absolute discretion withdraw credit facilities at any time.
9.3) No quotation or estimate of charges given by the Carrier shall bind the Carrier, unless expressed to be a fixed quotation with a date to which such quotation shall be fixed, in which case the quotation or estimate must be accepted by the Client and delivery must take place prior to that time.
9.4) Should a Client fail to disclose all relevant information including their promises made to customers, delivery requirements, deadlines and penalty clauses Southern Despatch reserves the right to charge the Client for extra handling costs, fees payable, waiting time, phone calls etc. as per our terms of trade.
10.) The Client shall pay to the Carrier VAT on all monies due to the Carrier at the appropriate rate in force at the time.
11.) Unless paid within 28 days the Carrier reserves the right to charge interest on any unpaid sums computed on a daily rate from the date of the invoice.
12.) All monies due to the Carrier shall be payable to the Carrier in Sterling.
13.) No payments due to the Carrier by the Client shall be withheld by the Client in respect of any claim or alleged claim by the Client or the consignee howsoever arising and whether by way of set-off, counterclaim or otherwise.
14.) The client agrees to indemnify the carrier for all costs and expenses including legal fees and expenses on a solicitor and own Client basis in respect of the recovery of any outstanding amounts due under this contract.
Law and jurisdiction
15.) These terms and Conditions shall be subject to the laws of the United Kingdom and the parties hereby submit to the non-exclusive jurisdiction of the courts of the United Kingdom..