1 In these Conditions:-
(a) ‘The Company’ means Deadline Despatch Limited;
(b) ‘Goods’ means any document or thing consigned by a customer from one address to another and placed in the possession or control of the Company;
(c) ‘The Customer’ means any individual, firm, company or other body, who consigns goods as aforesaid.
d) ‘ LPCDA ‘ means the Late Payment of Commercial Debts (Interest) Act 1998.
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.
CONDITIONS OF ACCEPTANCE
3 The Company accepts goods for conveyance only on the basis that the Customer warrants as follows:
(a) that the Customer is either the owner of or acting as fully authorised agent for the owner of the goods;
(b) that the goods do not include a letter or letters which the Post Office has an exclusive right to convey;
(c) that the goods do not include any items dangerous or damaging in any respect;
(d) that the goods do not include any items which it is illegal to have in possession in England or elsewhere;
(e) that the goods are not subject to Customs’ duty and/or other imports or duties;
(f) that the goods are not fragile;
(g) that the goods do not include any item of undisclosed value, livestock or plants.
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.
LIABILITY OF THE COMPANY
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:
(a) act of God, force majeure;
(b) seizure under legal process;
(c) act or omission of a Customer or owner of the goods or of the servants or agents of either;
(d) inherent wastage or defect in or deterioration of the goods;
(e) insufficient or improper packing, labelling or addressing;
(f) consignee not taking or accepting delivery within a reasonable time.
COMPENSATION FOR LOSS/DAMAGE
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:
(a) compensation shall not exceed the value of the goods plus the tariff charge paid for conveying them, and in any event shall not be greater than £100.
(b) compensation shall only be payable for any loss or damage to goods or for any non-delivery or misdelivery occurring whilst the goods were in the possession of the Company and/or under its control.
(c) compensation shall not under any circumstances be payable in respect of indirect or consequential loss;
(d) the said loss, damage, misdelivery or delay shall have been reported to the Company within 24 hours of delivery;
(e) any claim for compensation shall have been intimated within 14 days of the said loss, damage, misdelivery or delay having been reported to the Company;
(f) any legal proceeding relating to the claim for compensation shall be commenced within 2 years of the consignment of the goods.
(a) All direct sameday deliveries are covered up to £10,000 per consignment.
(b) All overnight deliveries are covered at the rate of £10,000 per tonne which equates to £10 per kilo sent, i.e. a 10 kilo package is only insured for £100. All risks insurance is available at £10.00 per £1,000 cover required.
(c) International consignments being sent to destinations within the EEC have standard insurance cover of £10 per kilo.
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.
LIABILITY OF SUB-CONTRACTORS
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:
(a) any expense arising under the circumstances described in clause 8 of this Agreement;
(b) any claims, costs and demands by the third parties relating to the goods;
(c) any unusual expenses incurred as the result of the Company conveying the goods not reasonably within the anticipation of either the Customer or the Company;
(d) any loss, damage or expense whatsoever occurred because of breach of the warranties, however arising, contained in clause 3 above.
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.