1 In these Conditions:-
2 The Company is not a Common Carrier and accepts goods for conveyance on these Conditions only. No servant or agent of the Company has authority to alter, vary or waive any provision of this Contract in any respect.
3 The Company accepts goods for conveyance only on the basis that the Customer warrants as follows:
4 The Customer shall pay the Company for each consignment of goods in accordance with the Company’s current tariff of charges, copies of which are available on request.
Payments shall be made promptly and in full.
No deductions shall be made on account of any alleged claims against the Company for compensation or otherwise.
5 All credit accounts are invoiced monthly with statements being rendered monthly and are subject to payment within 30 days of the invoice date. If payment is late, we reserve the right to claim interest, compensation and reasonable costs under the LPCDA and it is agreed that the term implied by the Act shall apply after any judgment as well as before. Any reference to the LPCDA is also a reference to any amendment, modification or re-enactment of it. If for any reason the LPCDA does not apply interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate from time to time.
5.1 If any sums owed by the Customer on any invoice or account with the Company become overdue for payment then:
a) any credit terms shall be cancelled with immediate effect
b) the Company will be entitled to invoice all charges incurred which have not yet been invoiced; and
c) all invoices or accounts issued by the Company shall immediately be deemed due for payment and therefore become payable.
6 All offers and quotations by the Company shall only remain open for acceptance for a period of 30 days unless revoked earlier by the Company.
7 The Company reserves the absolute discretion to convey goods:
(a) by its own servants and/or by any Airline, delivery company or other independent contractors;
(b) by any means of conveyance;
(c) by any route whatsoever.
8 If for any reason beyond the Company’s control it is unable to convey goods to the address to which they are consigned or to effect delivery at the said address and having notified the Customer, it is not provided within a reasonable time with a new address for delivery the Company shall be at liberty to deal with the goods in accordance with Condition 14 herein or to destroy them.
9 Subject to these Conditions the Company only shall be liable for any loss of, or damage to goods in its possession and control other than in the event of:
10 The Company shall only be liable to pay compensation for loss, damage, misdelivery or delay occurring in respect of the goods if caused solely by its own negligence or the negligence of its own servants and then subject to the following:
Consignments going to non EEC countries have no insurance once they leave the UK.
Full value cover can be arranged for all consignments but rates vary according to destination.
12 In the event of any loss, damage, misdelivery or delay occurring in respect of goods by reason of any act or default of an independent contractor employed by the Company while goods are in the possession of such an independent contractor the Company shall at the request of the Customer assign to the Customer any right of action which the Company may have against the independent contractor.
13 The Customer shall indemnify the Company against:
14 The Company shall have lien on all goods within its possession or control for any amount due under this Agreement and the cost of recovering the same; if any lien is not satisfied within a reasonable time the Company may sell the goods either privately or by auction and apply the proceeds in or towards discharge of the lien and the expenses of sale.
15 This Agreement shall be governed by English law and any dispute arising under it shall be within the exclusive jurisdiction of the English Courts.
High Wycombe York House, York Way Cressex Business Park High Wycombe, Bucks. HP12 3PY Tel: 01494 464499 Fax: 01494 450199
London Unit 734, Tudor Estate Abbey Road, London NW10 7UN Tel: 0208 963 0400 Fax: 0208 961 6871
Uxbridge Unit 19, Chiltern Business Village Arundel Road, Uxbridge Middlesex UB8 2RP Tel: 01895 272543 Fax: 01895 271802
Reading 228 London Road, Reading Berkshire RG6 1AH Tel: 0118 926 8888 Fax: 0118 926 1133