Terms and Conditions
As a user of this website (referred to as “you/your”) you acknowledge that any use of this website including any transactions you make (“use/using”) is subject to our terms and conditions below.
Definitions
Listed below the following terms that will be found in these terms of carriage:
- Consignment - A parcel or group of parcels sent through this service to each individual address.
- Consignee/Receiver - The person who is receiving the consignment.
Obligation to the customer
Forces Resources Limited may arrange delivery of the consignment(s) through a third party service with a carrier as chosen at the time of ordering or any time thereafter.
The carrier / Forces Resources Limited have the right to refuse a consignment for a given reason such as insufficient packaging or the consignment being too large. In addition Forces Resources Limited has the right to refuse any order/user from our system.
All queries/claims must be directed through Forces Resources Limited who will then contact the relevant carrier on the sender’s behalf. If the carrier is contacted directly, Forces Resources Limited may not be able to assist you with your query at a later date.
Forces Resources Limited services are door to door at our discretion. It is advised to check the postal code before sending for International addresses in case of exclusions.
Most services offer signed for delivery. Please check before sending whether a proof of delivery will be issued for your transaction.
Forces Resources Limited can either deliver to a full street address or full British Forces Post Office address. We cannot deliver to a PO Box. If a consignment has to be returned for this reason, no refund will be given.
Forces Resources Limited require a telephone number for the receiver who may be called in the event of an address query. Please note for any overseas address a local number is needed, the carrier will not call a UK number. Forces Resources Limited will not re ship any returned item if a telephone number has not been provided and the carry could not call to arrange delivery.
All prices quoted on this web site are in pounds sterling.
Forces Resources Limited reserve the right to refuse any order and will process payment security checks on certain transactions and values.
All refunds will be processed within 5 working days.
Prohibited & Restricted Items
Please check that we are able to carry your contents before placing your order. Items that are strictly Prohibited are listed as such and CANNOT be sent through our services.
Restricted Items can be sent but will travel without any inclusive or additional damage / loss cover and are therefore sent at the owners risk, no claim can be made under any circumstances.
Please see the Prohibited / Restricted Items section. Prohibited / Restricted items could be subject to non collection, delay or return. If a Prohibited / Restricted item is collected and then later returned, no refund of carriage will be given and return charges may be applicable.
In the event of damage a Prohibited/Restricted item may be discarded depending on the condition of the parcel. No claim for loss or damage can be made on a Prohibited / Restricted item.
In addition the sender will be liable for any damages caused in transit to other shipments or property resulting from sending a Prohibited / Restricted item.
In addition Forces Resources Limited have a check box that must be ticked to state the Prohibited / Restricted items & Terms and Conditions list have been read before an order can be completed.
Please note - Hazardous / Dangerous goods are strictly prohibited from our services. Failure to declare Dangerous goods can lead to prosecution where unlimited fines and imprisonment is possible.
Item(s) sent within a Hazardous box will be classed as such. DO NOT RE USE OLD HAZARDOUS BOXES.
The Prohibited Items / Restricted Items must be read and understood as part of these Terms and Conditions.
Collection & Delivery
Please note, we cannot specify a collection time. You can request after a certain time, but collections will be made when safe and convenient to do so.
Deliveries can be made any time from 7am up until 9pm local time.
Forces Resources Limited services are usually door to door. It is advised to check the postal code before sending for International addresses in case of exclusions.
Collections & Deliveries may be made on any day. Collections / Deliveries are available on request but are not guaranteed.
Please ensure you are in at the collection time that you request. A surcharge of £10.00 will be applied if you are out when the driver tries to collect or delivery at a time that has been arranged but you are not available.
A receipt must always be obtained on collection of your consignment. No claim can be made if a collection receipt has not been obtained as there is no proof that the carrier has collected the parcel. In such a case a full refund will be given as there is no proof of service taking place.
The price of any timed deliveries that are not delivered by any guaranteed time, will be refunded in full, so long as the reason for delay has not been a customs query and you have obtained a confirmation confirming a guaranteed delivery time.
Shipments to and from remote areas nationally and internationally on all services may be subject to delay. Please check the address with us prior to sending for advised transit times.
Please note that any guaranteed service will guarantee a delivery time once collected. If the collection fails it will be re booked as soon as possible this will be no later than 72 hours as long as the customer is available for collection. No refund / discount will be given for failed collection unless the Forces Resources has arranged this prior.
Transit times must be checked for the service ordered. Guaranteed services are not guaranteed to remote areas. Please check the collection and delivery address before sending to see if the guarantee can be offered for your consignment.
On some delivery there will be a surcharge if a re delivery is necessary. Please check the service description prior to sending.
Some of our services are subject to a redelivery charge.
This is detailed in the surcharges section. Please ensure that the receiver is in to accept the delivery or you will have to pay an additional charge on each delivery attempt.
Parcels should not be strapped or attached together. This is not a secure way for parcels to travel in the courier network. No claim can be made for any additional item that was strapped to the original in the event that they become separated in transit.
Please note that any item travelling through our services must be able to withstand a short drop, fragile items should not be sent though our services. Please see our packaging guidelines and Prohibited / Restricted Items in addition.
Customs Clearance
You are pre paying for the postage charges of your consignment(s) only. Forces Resources Limited has no control over any customs queries, delays or charges that may arise. Customs charges must be paid in addition by the sender or receiver before delivery is made. Forces Resources Limited reserve the right to pass these charges directly onto the person who placed the order. If you do not wish to pay the charges and the consignment is returned, all return charges will also be passed on.
Surcharges
By entering the weight and dimensions of your consignment/s you are pre paying for the postage. If the consignment(s) are heavier then the additional weight will be charged to the card that the order was placed on together with a surcharge of £15 + VAT. Additional charges will be confirmed in writing.
Please ensure you are in at the collection time that you request. A surcharge of £10.00 will be applied if you are out when the driver tries to collect.
Transit times must be checked for the service ordered. On some services there will be a surcharge if a redelivery is necessary.
Some areas will be subject to a remote area surcharge. This will be calculated in the quoting system at the time of booking.
You are pre paying for the postage charges. Any Customs charges will be passed on in addition should they arise. Please see the Customs clearance section.
Delay / Damage / Loss Claims
Late Delivery Claims
Any item that is sent to a guaranteed area on a guaranteed delivery service will be refunded in full. Certain exclusions apply, see below.
Exclusions
A Consignment will only be considered late if it is sent on a guaranteed service to a guaranteed area and exceeds the guaranteed delivery date.
Guaranteed services are guaranteed to most areas. It is the Customer responsibility to check the area they are sending to is covered by this guarantee. A refund to admin rate will only be given if a delivery is made late to an area that is guaranteed, as long as the delay has not been caused by customs, incorrect addressing or a failed attempted delivery.
Consignments collected and or delivered in certain areas in Scotland, Wales, Cornwall, Northern Ireland and Offshore Islands may be subject to a 24-48 hour delay with all carriers which can take up to 7 days, please check before sending. Such areas are not guaranteed and no claim can be made in the event of delay.
Please note that any guaranteed service will guarantee a delivery time once collected. If the collection fails it will be re booked as soon as possible this will be no later than 72 hours as long as the customer is available for collection. No refund / discount will be given for failed collection.
Please note we cannot mail to any PO Box address through our services. If such a shipment is sent no claim can be made for delay and return charges may apply.
If the item is not correctly labelled and or addressed the claim will be voided.
Any claim must be brought to us within 10 days of receipt in the case of delay.
Damaged / Lost Claims
The maximum claim value is the value of the items at the time of ordering.
Any enhanced cover that is selected replaces the inclusive cover.
In the event of a claim a copy invoice will be needed to be provided to prove the value of the consignment(s).
In the rare event of damage all packaging must be kept for inspection by the carrier. The item must be available for inspection in the state it was delivered, at the address it was delivered to. If the item is moved / repaired or if the packaging is not kept any claim will be voided. Photographs of the internal and external packaging as well as the damaged item must be supplied to start a claim.
In the event of damage repair costs must be supplied. If the item cannot be repaired then we would need this in writing from a specialist for the full claim amount to be considered.
In the event that a claim is approved and repair costs are paid, no postage will be paid. Postage costs are only paid on approved claims where the full value of the goods have been paid.
A lost claim can only be processed once the carrier has made extensive searches and deems the goods as lost.
Any claim must be brought to us within 10 days of receipt in the case of delay/damage, and 28 days in the case of loss.
Forces Resources Limited aim to resolve any claim within 28 days.
Exclusions
A receipt must always be obtained on collection of your consignment. No claim can be made if a collection receipt has not been obtained as there is no proof that the carrier has collected the parcel. In such a case a full refund will be given as there is no proof of service taking place.
Your consignment(s) must be packed to a professional standard, packed within a double walled box with the contents cushioned and protected inside. The packaging must also be sufficient to protect the products weight. Any claim resulting from a parcel that is not packaged to a professional standard and in line with the above will be declined.
In addition the sender will be liable for any damages caused in transit to other shipments or property resulting from sending a consignment that is insufficiently packaged.
Prohibited / Restricted Items / Items not boxed or sufficiently packed are excluded from our services and could be subject to delay / return or could be discarded if they are damaged to such an extent such as smashed glass. No claim for loss or damage can be made on a Prohibited / Restricted Items /Items not boxed or sufficiently packed are excluded from our services and if sent are sent at the owners risk.
Hazardous / Dangerous goods are strictly prohibited from our services. Failure to declare Dangerous goods can lead to prosecution where unlimited fines and imprisonment is possible.
Please see the Prohibited / Restricted Items section in Help and information
Please note that any item travelling through our services must be able to withstand a short drop, fragile items should not be sent though our services. Any item that is damaged as a result of a fall, with the packaging intact will therefore be declined. Please see our packaging guidelines and Prohibited / Restricted items in addition.
If the outside packaging is intact, then any claim for damage to the consignment will be invalidated as the internal packaging would not have been sufficient to protect the product.
Parcels should not be strapped or attached together. This is not a secure way for parcels to travel in the courier network. No claim can be made for any additional item that was strapped to the original in the event that they become separated in transit.
If the item is moved / repaired or if the packaging is not kept until the claim is completed, then the claim will be voided.
The damaged item together with all packaging must be kept until the claim is concluded as more photographs or inspection of the item may be necessary. If the damage item and or packaging is not kept the claim will be invalidated.
Please be aware that you must sign for goods as “damaged” if this is the case. If you sign for goods in good condition, you will not be able to proceed with a claim. If you are unable to check when the driver is there, please sign for goods as “unchecked”.
No claim can be made for an item that has been requested to be returned but then delivered to the receiver. We cannot guarantee to stop any item once in transit, although will try and do so if requested.
Any claim must be brought to us within 10 days of receipt in the case of delay/damage, and 28 days in the case of loss.
Liability
The person placing the order is responsible for the information entered. Forces Resources Limited will not be held responsible for wrong information that is entered and any delay this may cause No refunds will be given in this instance.
The sender will be liable for any damages caused in transit to other shipments or property resulting from sending a Prohibited / Restricted item or an item that is insufficiently packaged.
Liability is limited to the negligence of the company carrying the goods. Such liability is further limited to the direct loss suffered by the customer who placed the order with Forces Resources Limited.
Forces Resources Limited will accept no Liability for any Prohibited / Restricted Items that is sent through our services and subsequently damaged or lost. No claim can be made for a Prohibited / Restricted item as they are either excluded from our services or as in both cases sent at the sender's risk. A customer ticks to state they have read the Prohibited / Restricted items and the Terms and Conditions at the time of ordering.
Loss or damage under the following conditions will not be covered:
- Acts of God
- Consequences of war
- Insufficient packaging / Incorrect labelling
- Prohibited / Restricted Items - listed in our Restricted /Prohibted items section
Forces Resources Limited will deal with the person who placed the order only.
Liability is also limited to the cost of sending the item only and to the covered value of the consignment if a claim is raised. We will not be liable for any claim for loss of profit, use, breach of contract, loss of revenue, administrative inconvenience, disappointment, or indirect, incidental, financial or consequential loss or damage arising out of, or in relation to, the service you ordered.
Nothing in this Agreement shall be deemed to limit or exclude Forces Resources Limited's liability for fraud or for death or personal injury caused by Forces Resources Limited's negligence or to the extent otherwise not permitted by law.
You will indemnify Forces Resources Limited in respect of all claim demands, damages, liabilities, costs or expenses incurred by Forces Resources Limited or Forces Resources Limited's employees, agents or sub-contractors in relation to any claims by third parties arising in connection with this agreement, or as a result of Forces Resources Limited providing services, which are in excess of the liability of Forces Resources Limited under this agreement.
Any claim must be brought to us within 10 days of receipt in the case of damage, and in 28 days in the case of loss.
Severability
If any part of these terms and conditions is found to be unenforceable as a matter of law, the enforceability of any other part of these terms and conditions will not be affected.
Governing Law
These terms and conditions and any contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction over any disputes between us.
Statutory Rights
These terms and conditions are in addition to your statutory rights as a consumer which remains unaffected. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
Complaints
We aim to provide outstanding customer service. If you have any complaint about the service you have received from us, please contact our Customer Service Director.
Conditions of Carriage
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 or proprietor 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.
1. Definitions
In the Conditions:
| 1.1 | Carrier means the person (corporate or otherwise) who contracts with the Customer to carry the goods. |
| 1.2 | Consignee means the person (corporate or otherwise who may or may not be the Customer) to whom the Carrier contracts to deliver the consignment. |
| 1.3 | Consignor means the person (corporate or otherwise who may or may not be the Customer) who supplies the consignment to the Carrier for carriage. |
| 1.4 | Customer means the person (corporate or otherwise) who contracts with the Carrier for the carriage of goods. |
| 1.5 | Contract means the Agreement between the Customer and the Carrier for the carrying out of the transport service including all documents expressly incorporated therein. |
| 1.6 | Consignment means goods whether single or multiple units or in bulk despatched at any one time from one Consignor in a single load from one address in the United Kingdom to one Consignee at any one other address in the United Kingdom. |
| 1.7 | Dangerous Goods means goods of any nature as may be included in the Approved Carriage List prepared pursuant to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 as may be amended from time to time and goods which represent a similar hazard, radioactive material and explosives of any nature. |
| 1.8 | Day means any day Monday to Friday inclusive other than a Bank or Statutory Holiday, including the delivery day and the day on which any claim or notice is first made. |
| 1.9 | Alternative Dispute Resolution means any procedure agreed by the parties for the resolution of disputes other than those involving formal arbitration or litigation. |
| 1.10 | Loss means the actual loss of the goods or failure by the Carrier to deliver the goods within 30 days of the agreed time limit for delivery or, if there is no agreed time limit, within 60 days from the date on which the Carrier took over the goods. |
| 1.11 | Delay means failure by the Carrier to deliver the goods within the agreed time limit, or if there is no agreed time limit, within the period of 60 days from the date upon which the Carrier takes possession of the goods. |
| 1.12 | Owners Risk means that the goods are held upon terms that the Carrier shall not be liable for any loss of whatsoever nature and howsoever caused including negligence in relation to the goods or as a consequence of the goods being in the Carrier's possession. The Customer will indemnify the Carrier against all claims that may be made against the Carrier arising from the carriage, retention or storage of such goods. |
| 1.13 | The expressions Carrier, Consignee, Consignor and Customer shall include those parties' principals, agents and servants. |
2. principal parties and sub-contractors
| 2.1 | The Customer contracts as the legal owner of the goods or as the authorised agent of such legal owner in which case the Customer warrants that he has the authority to accept these Conditions on behalf of the legal owner. |
| 2.2 | Unless written instructions to the contrary are received from the Customer, the Carrier may sub-contract part or the whole of the consignment. |
| 2.3 | Where carriage of any consignment or part of a consignment is sub-contracted to a sea, air or rail carrier then the liability of the carrier and of any sub-contractor shall be limited and/or excluded in accordance with the conditions of carriage of that sub-contractor or as provided for by statute or international convention. |
| 2.4 | Notwithstanding the provisions of the Condition 2.2, the Carrier may not sub-contract the carriage of Dangerous Goods without the prior written consent of the Customer. |
| 2.5 | Where part or the whole of the carriage has been sub-contracted as provided for in Condition 2.2 above, such sub-contractors shall have the benefit of these Conditions of Carriage and shall be under no greater liability to the Customer than or in addition to that of the Carrier under the Contract and the Customer agrees with the Carrier that no claim shall be made against a sub-contractor in addition to or excess of the limitation and/or exclusions of liability as set out in these Conditions. |
3. Loading and Unloading
| 3.1 | The Carrier shall not be required to provide additional services other than the service for the carriage of the Consignment from the designated place of collection to the designated place of delivery unless any such service has been requested by the Customer and agreed by the Carrier in writing, prior to collection or delivery being made. |
| 3.2 | The Customer shall be responsible for providing and safely operating any equipment that may be required for loading the Consignment on or unloading the Consignment from the vehicle unless arrangements to the contrary are agreed in writing between the Carrier and the Customer prior to despatch and these Conditions shall apply during such loading and/or unloading. |
| 3.3 | The Carrier shall be liable for any loss or damage caused as a result of its use of defective equipment supplied by the Consignee or Consignor and the Customer shall indemnify the Carrier against any claim made against the Carrier in respect of such loss or damage including claims in respect of death or personal injury. |
| 3.4 | The Carrier shall not be liable for any loss or damage caused as a result of negligent acts committed by the Consignor or Consignee or their servants or agents in assisting with loading and/or unloading and the Customer shall indemnify the Carrier against any claim made against the Carrier in respect of such loss or damage including claims for death or personal injury. |
| 3.5 | The Carrier will endeavour to make the Consignment reasonably accessible on the vehicle at the place designated for delivery. |
| 3.6 | The Customer shall make available to the Carrier upon request details of any risk assessments which may have been carried out at the collection and/or delivery addresses. The responsibility for carrying out such risk assessments shall be that of the Customer and not of the Carrier. |
4. Dangerous Goods
| 4.1 | The Contract for the carriage of Dangerous Goods shall be voidable by the Carrier and the Carrier shall have no liability unless, prior to loading, the Carrier receives precise and correct identification of the substances in writing and has agreed to accept the same for carriage. Transport Emergency Cards (“Tremcards”) must be provided by the Customer in the form prescribed by the appropriate Statutory authority giving details of each and every substance the Carrier is requested to carry. Written information must be provided in respect of goods classified as “Dangerous” and where a “Tremcard” is not required by Statute. “Tremcards” or other written notification provided by the Customer must accompany each and every Consignment. |
| 4.2 | The Customer shall be responsible for ensuring that such substances are properly and safely packaged and labelled with the identities of the substances and all other relevant information as specified by any Statutory requirements for the time being in force. |
| 4.3 | The Customer shall be responsible for and indemnify the Carrier against any loss or damage and claims made upon the carrier in respect of any injury to persons or damage to property arising from the non-compliance by the Customer or the Consignor with any of the provisions of these Conditions in as far as they relate to the carriage of Dangerous Goods, unless the Customer proves that the loss, damage or injury was due to the negligence of the Carrier. |
5. Consignment Notes/Receipts
| 5.1 | The Carrier shall, if requested, sign a document acknowledging receipt for the carriage of the quantity and description of the Consignment loaded on to the Carrier's vehicle, to the extent this can be determined, by visual inspection. Such receipt shall not be evidence as to accuracy of the condition, weight, quantity nor nature of the goods said to comprise the Consignment at the time the receipt document is signed by the Carrier and/or his agents and/or his servants. The burden of proof in the event of dispute is the responsibility of the Customer. |
| 5.2 | The Carrier shall use its best endeavours to obtain a signed receipt of delivery of the Consignment from the Consignee unless otherwise agreed with the Customer. Such receipts will be returned to the Customer as proof of delivery, unless otherwise agreed in writing by the Customer and/or his agent and/or his servants. |
6. Carrier's Responsibility
| 6.1 | Goods are accepted by the Carrier for carriage at ‘owner's risk’ where the Carrier is able to show that the Customer has explicitly agreed to the carriage of the goods at ‘owner’s risk’. In that event, the Carrier shall not be liable for loss damage or delay to the goods no matter howsoever or by whomsoever caused and the Customer agrees to indemnify the Carrier against any claims made by any Third Party in respect of the goods carried. |
| 6.2 | Subject to the provisions of Condition 6.1 above the Carrier’s responsibility for the Consignment shall commence when the Carrier takes physical control of the Consignment at the point of collection or by receiving the same at the Carrier’s premises. |
| 6.3 | The Carrier’s responsibility for the Consignment shall end when the Carrier, it’s agents or sub-contractors relinquish physical control of the Consignment at the proper place of delivery or the Consignment is presented at the proper place of delivery within normal business hours allowing sufficient time for unloading. |
| 6.4 | If it has been agreed that the Consignee will collect the goods from the Carriers premises or if the Carrier is prevented from making delivery at the Consignee’s address as a consequence of the absence of a safe and/or adequate access or unloading facility then the Carriers responsibility for the goods shall end at the expiration of 24 hours after notice by letter, telephone, fax or e-mail or other agreed method of communication of the availability of the goods has been given to the consignee and/or the consignor. |
| 6.5 | At any time during the term of the Contract the Customer may request or the Contractor may recommend variations to the service and/or variations to any other matters covered by the Contract. The Carrier shall investigate the likely impact of any such requested or recommended variations upon the service, the charge for the service and other aspects of the Contract and shall report promptly to the Customer. Neither party shall be obliged to agree to any requested or recommended variation but neither party shall withhold its Agreement unreasonably. Until such time as any variation to the Contract resulting therefrom have been mutually agreed in writing, the parties shall continue to perform their respective obligations without taking account of the requested or recommended variation. |
7. Carrier’s Charges
| 7.1 | The Carrier’s charges shall be payable by the Customer provided always that, when the goods are consigned ‘carriage forward’, the Consignee shall have primary responsibility for the payment of the carriage charges but the Customer shall pay such charges in the event of default by the Consignee and the Carrier shall not be required to take any steps to obtain payment from the Consignee other than a written request for payment. |
| 7.2 | Notwithstanding any claim which the Customer may have against the Carrier, the Carrier’s charges for carriage and any other services incidental to the carriage chargeable under the Contract shall be payable by the Customer within 30 days of the date of the invoice unless otherwise agreed in writing. Should the charges not be paid within such a period, then the Carrier shall be entitled to interest at the rate of 8 per cent above the base rate of the Bank of England prevailing at the date of invoice, calculated on a daily basis. |
8. Disposal of the Goods by the Carrier
| 8.1 | In the event that the Carrier is unable for any reason beyond its reasonable control to deliver the Consignment in accordance with the Contract, the Carrier shall seek further instructions from the Customer. The Carrier’s reasonable additional charges for retaining the goods pending the arrival of such further instructions and for carrying out those instructions shall be chargeable to the Customer. | ||||||
| 8.2 | Subject to the provisions contained in Condition 8.2 (a) to (c) below, where the Carrier is unable to obtain further instructions from the Customer in accordance with Condition 8.1, the Carrier may sell the goods provided that such sale is permitted by law. Payment or tender of the net proceeds to the Customer after deductions of all costs of and charges for carriage, other services incidental to the carriage chargeable under the contract, storage and disposal and expenses in relation to the goods shall (without prejudice to any claim or right which the Customer may have against the Carrier otherwise arising under the Conditions) discharge the Carrier from all liability in respect of such goods, their carriage and storage.
|
||||||
| 8.3 | Subject to the provision of Clause 8.1 above, and in circumstances in which the Carrier is unable to obtain further written instructions, the Carrier may, in respect of Dangerous Goods only, at his sole discretion dispose of the goods or return them to the Customer. Where such action is taken by the Carrier, it shall comply with all prevailing legal requirements that may be in force in respect of the goods. Any such action taken by the Carrier under this Clause shall be at the sole risk and expense of the Customer. |
9. Liability for Loss, Damage or Delay
| 9.1 | Subject to these Conditions the Carrier shall be liable for:
|
||||||||||||||||||||||||
| 9.2 | The Carriers liability is restricted to the financial limits imposed under Clause 10 of these Conditions unless otherwise agreed in writing between the contracting parties prior to the transit commencing. | ||||||||||||||||||||||||
| 9.3 | The Carrier shall not be liable for whatsoever reason for loss of or damage to, or mis-delivery or loss arising from any delay in respect of: Bullion, Precious Metals, Precious Stones, Money (whether in note or coin form), Securities, Stamps, Legal or Business Documents, Living Creatures or anything of a similar nature unless:
|
||||||||||||||||||||||||
| 9.4 | The Carrier shall be relieved of all liability if such loss, damage or delay arises from the effect of:
|
10. Limitation of Liability of Carrier
| 10.1 | Unless otherwise agreed in writing between the Customer and the Carrier prior to the commencement of carriage, the liability of the Carrier in respect of loss of or damage to goods whilst they are the responsibility of the Carrier in accordance with Conditions 6 and 9 hereof shall be limited as follows:
|
||||
| 10.2 | The Carrier’s liability for any delay or consequential loss shall not exceed the amount of the claimant’s bona fide loss or the amount of the carriage charges whichever shall be the smaller unless agreement has been made previously in writing between the Carrier and the Customer for a specific level of liability for such delay or consequential loss. |
11. Customer's Indemnity to the Carrier
The Customer shall indemnify the Carrier against:
| 11.1 | losses suffered by the Carrier arising from any negligent act, negligent omission, negligent misdirection or negligent misstatement by the Customer, Consignor or Consignee, its servants or agents; |
| 11.2 | claims of any nature for loss or damage resulting from the carriage of Dangerous Substances where the Customer’s obligations in Condition 4 above have not been met; |
| 11.3 | claims and demands of any nature in respect of loss of or damage to the goods made by any Third Party additional to or in excess of the limits of liability of the Carrier set out in Condition 10 above; |
| 11.4 | any claims made or penalties imposed by the Commissioners of Customs and Excise in respect of dutiable goods; |
| 11.5 | claims and demands made by a Third Party attributable to lack of authority on the part of the Customer to enter into the Contract upon these Terms and Conditions. |
12. Notification of Claims
| 12.1 | The Carrier shall not be liable for:
|
||||||||
| 12.2 | The Carrier shall not benefit from this exclusion of liability if the Customer provides evidence that:
|
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. |
| 13.2 | The Carrier shall be entitled to charge to the Customer the cost of loading and unloading the goods whilst a lien is being exercised together with warehouse rent and any other expenses incurred during all periods during which the lien on the Consignment or any part of the Consignment is being asserted and all these Conditions shall continue to apply whilst the lien is being exercised. |
| 13.3 | If the Consignment is not the property of the Customer; the customer warrants that he has the authority to grant to the carrier a particular lien against the owner. The Carrier may hold the goods against the owner for any unpaid monies applicable to those goods only, but he may not sell or dispose of the goods in any way without the express consent of the owner. |
14. Detention of Carrier’s Property
The Customer shall, except in the case of negligence by the Carrier, pay to the Carrier any cost or expense occasioned to it 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 parties shall be in the discretion of the arbitrator. The arbitration shall, unless otherwise agreed, be held in the town wherein the Carrier has its main administrative office. |
16. Governing Law
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.
Join our Facebook group
facebook“Thanks for the fast delivery ”
Kirstin, Elmpt