Terms And Conditions
The Conditions set down the basis on which the Carrier will carry goods for the Customer (definitions of Carrier and Customer are given in Condition 1).
The Carrier is not and does not contract as a common carrier. The Conditions may not be altered or varied in any way except by express agreement in writing signed by a director of the Carrier. The Conditions cannot and do not override any Statutory provisions imposed by Law or the application of any applicable International Conventions.
It is expressly stated to be the Customer’s responsibility to read and understand these Conditions which will form the basis of the Contract under which any claims or disputes are settled.
Customers are recommended to take professional advice and to ensure they arrange adequate insurance to provide full cover when the property is in transit.
In the Conditions:
1.1 Carrier means courierNet Ltd who contracts with the Customer to carry the goods.
2. Principal parties and sub-contractors
3. Loading and Unloading
4. Dangerous Goods
a. Bank Notes, coins, cheques, sales vouchers, bonds, stamps
b. Precious metals, stones, gems, Jewellery (other than costume jewellery)
c. Works of art, antiques, or glass
d. Bonded goods, tobacco products
e. Pornographic or obscene material
f. Firearms or ammunition
g. Living animals, fish, reptiles,
h. Any goods that are verminous, infested, contaminated or condemned
i. Any goods requiring special storage during transit
5. Consignment Notes/Receipts
6. Carrier’s responsibility
7. Carrier’s charges
8. Disposal of the goods by the carrier
a. The goods may not be sold unless the Carrier shall have made reasonable efforts (having regard, if appropriate, to the perishable nature of the Consignment) to notify the Customer of the Carrier’s intention to sell the goods. The goods may then be sold unless within reasonable time (such time to be specified in the notice) the Customer shall have arranged to collect the goods or given instructions for their disposal and have paid, without prejudice, all outstanding charges as referred to in this Condition including any warehousing charges which may have been incurred during the time that the goods have been retained.
b. Pending the expiry of such periods of notice as aforesaid and of disposal of the goods under these provisions the Carrier shall at the expense of the Customer have authority to arrange proper storage of the Consignment. During such period of storage the goods will be held at “owner’s risk” and the carrier shall not be liable for loss or damage of the goods howsoever caused.
c. In the event of a sale under this Condition the Carrier shall do what is reasonable to obtain the market value of the Consignment (subject to any unavoidable deterioration thereof). If the goods have no market value, then the Carrier may dispose of them subject to compliance with all legal requirements in force in respect of such goods.
9. Liability for Loss, Damage or Delay
a. any loss of or damage to the goods in a Consignment occurring whilst the Carrier has responsibility for the Consignment in accordance with Condition 6 above;
b. any delay in the carriage of any goods in a Consignment arising from the negligence of the Carrier.
9.3 The Carrier shall be relieved of all liability if such loss, damage or delay arises from the effect of:
a. act of God;
b. any consequence of war, act of foreign power, terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority;
c. seizure or forfeiture under legal process;
d. error, act, omission, mis-statement or mis-representation by the Customer or other owner of the goods or by servants or third party agents of either of them;
e. inherent liability due to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods;
f. any special handling requirements in respect of the goods which have not been notified to the Carrier ;
g. insufficient or improper packaging, unless the Carrier has contracted to provide this service;
h. insufficient or improper labelling or addressing, unless the Carrier has contracted to provide this service;
i. riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
j. defect of any equipment supplied by the Customer under Condition 3.2 or any negligence of the Customer’s agents or servant;
k. delay in providing to the carrier safe and adequate access and/or delivering instructions in accordance with condition 6.4;
l. fraud on the part of the Customer, Consignor, Consignee or owner or of their servants or agents in respect of all or any part of the consignment.
10. Limitation of Liability of Carrier
a. where the whole or part of a Consignment is lost or damaged to a maximum of £100 inclusive of all/any duties and/or taxes.
b. for the purpose of this Condition the value referred to is the valuation of the goods at the time they are accepted for carriage including all duties and taxes. Provided that no claim shall be accepted by the Carrier pending its receipt from the Customer of proof of the value of the Consignment or any part thereof
11. Customer’s indemnity to the Carrier
12. Notification of Claims
c. damage of any description unless the damaged goods are made available to the Carrier’s representative for inspection for a reasonable period following notification of the claim;
d. delay in delivery of whole or part of the Consignment unless the Carrier is informed in writing within three days of the date by which the delivery should have been made. For the avoidance of doubt where no date for delivery has been agreed notification should be given within 63 days of the Carrier’s responsibility for the consignment having commenced.
a. in all the circumstances it was not reasonably possible so to advise the Carrier or make the damaged goods available for inspection within the specified time limits and;
d. such advice was given at the first reasonable opportunity
13. Lien and Power of Sale
13.1 All Consignments delivered to the Carrier for carriage are and will be received by the Carrier and held by it subject to a lien for all carriage charges due to the Carrier from the Customer for the carriage, storage rent and/or warehousing charge of the goods and other proper charges or expenses incurred in respect of or in connection with the carriage of the particular Consignment and all other goods which may have been carried by the Carrier for the Customer from time to time.
If such a lien is not satisfied by payment within a reasonable time of the Carrier’s demand for payment then the Carrier shall be entitled to invoke the power of sale set out in Condition 8 over the Customer’s goods in the Carrier’s possession. Such sale shall be subject to the provisions of Conditions 8.2 and 8.3 above.
14. Detention of Carrier’s property
14.1 The Customer shall, except in the case of negligence by the Carrier, pay to the Carrier any cost or expense occasioned to by the improper or excessive detention by the Consignor or Consignee of any vehicle, trailer, container or covering belonging to or under the custody or control of the Carrier without prejudice to any rights of the Carrier against any Third Party in respect of such detention.
15. Dispute Resolution
15.1 The parties will attempt, in good faith, to resolve any dispute or claim arising out of or relating to these Conditions promptly through negotiations between the respective representatives of the parties who have authority to settle the same.
15.2 If the matter is not resolved through negotiation the parties may attempt to resolve the dispute or claim through an Alternative Dispute Resolution (ADR) procedure as recommended to the parties by the Freight Transport Association or the Centre for Dispute Resolution.
15.3 If the matter is not resolved by an ADR procedure or if either party will not or ceases to participate in an ADR procedure, the dispute may be referred to the arbitration of a single arbitrator or to an arbitrator appointed at the request of the parties by the President for the time being of the Chartered Institute of Arbitrators. The apportionment of the cost of any such arbitration between the par ties shall be in the discretion of the arbitrator. The arbitration shall, unless otherwise agreed, be held in the City wherein the Carrier has its main administrative office.
16. Governing Law
16.1 The parties shall agree the legal regime under which these Conditions shall be construed and interpreted and the Courts which shall have jurisdiction. In the absence of such agreement, the contract shall be subject to and construed and interpreted in accordance with English law and shall be subject to the jurisdiction of the Courts of England.