Terms and Conditions of Carriage and Storage

The Customer warrants that he is either the owner of the goods in any Consignment or is authorised by such owner to accept these Terms and Conditions on such owner's behalf.

The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the purposes of fulfilling the contract in whole or in part and the name of every such other carrier shall be provided to the Customer upon request.

The Carrier contracts for itself and (subject to paragraph 3.4) as agent of and trustee for its servants and agents and all other carriers referred to in paragraph 3.2 above and such other carriers' servants and agents.

Notwithstanding paragraph 3.3, the carriage of goods in any Consignment by rail, sea, inland waterway or air is arranged by the Carrier as agent of the Customer and shall be subject to the terms and conditions of the rail, shipping, inland waterway or air carrier contracted to carry the Consignment.

The Carrier shall not be under any obligation to provide any plant, power or labour required for loading or unloading the Consignment, other than that carried by the vehicle used by the Carrier;

The Customer warrants that any special equipment required for loading or unloading the Consignment which is not carried by the Carrier's vehicle will be provided or procured by the Customer;

The Carrier shall be under no liability whatsoever to the Customer and the Customer shall indemnify and hold harmless the Carrier for any damage, however caused, if the Carrier is instructed to load or unload any goods requiring special equipment if such equipment has not been provided or procured by the Customer.

Transit shall commence when the Carrier takes possession of the Consignment, whether at the point of collection or at the Carrier's premises.

Transit shall (unless otherwise previously determined) end when the Consignment is tendered at the usual place of delivery at the Consignee's address PROVIDED THAT:

If no safe and adequate access or, if applicable, no adequate unloading facilities there exist, then transit shall be deemed to end at the expiry of one hour after notice by telephone of the arrival of the Consignment at the Carrier's premises has been given to the Customer; or

When for any other reason whatever a Consignment cannot be delivered or when a Consignment is held by the Carrier to “await order” or upon any like instructions and such instructions are not given or the Consignment is not called for and removed within a reasonable time determined by the Carrier, then transit shall be deemed to end at the expiry of such reasonable time.

Where the Carrier is unable for any reason to deliver a Consignment to the Consignee or as he may order, or when by paragraph 7.2 above transit is deemed to be at an end, the Carrier may sell the goods comprising the Consignment. Payment or tender of the proceeds after deduction of all proper charges and expenses in relation thereto and of all outstanding charges in relation to the carriage and storage of the Consignment shall (without prejudice to any claim or right which the Customer may have against the Carrier otherwise arising under these conditions) discharge the Carrier from all liability in respect of the Consignment.

Notwithstanding the generality of paragraph 8.1 above, the Carrier shall use his reasonable endeavours to obtain a reasonable price for the Consignment and the Carrier's power of sale shall not be exercised where the name and address of the Customer or of the Consignee is known unless the Carrier shall use its reasonable endeavours to give notice to the Customer and to the Consignee that the goods will be sold unless within the time specified in such notice, being a reasonable time in the circumstances from the giving of such notice, the goods are taken away or instructions are given for their disposal.

The Carrier's charges shall be made in accordance with its tariff current at the time of performance of the Contract. Invoices will be prepared by the Carrier at least once a month. Credit discretion at anytime and the balance outstanding shall become due immediately on demand.

The Carrier's charges shall be payable by the Customer without prejudice to the Carrier's rights against the Consignee or any other person. Without prejudice to the generality of the foregoing, when goods are consigned “carriage forward”, the Customer shall not be required to pay such charges unless the Consignee fails to pay after demand has been made by the Carrier for the payment thereof and such demand has not been paid within the time stipulated by the Carrier to the Consignee.

Charges shall be payable on the expiry of any time limit notified to the Customer (whether on any invoice or otherwise) or failing such notification 21 days after the relevant invoice and the Carrier shall be entitled to interest at 8% above the base rate of HSBC Bank plc for the time being calculated on a daily basis on all amounts overdue to the Carrier. Any queries as to the correctness of the invoice must be made in writing within fourteen days of issue of the invoice otherwise it will be payable in full.

Except where any quotation states otherwise, all quotations given based on a weight charge shall apply to the gross weight of the Consignment.

Unless stated otherwise, all charges quoted are exclusive of Value Added Tax.

All sums due to the Carrier shall be paid without deduction, set-off or abatement and the Customer shall not withhold or defer any payment on account of any claim or counterclaim and acknowledges that any such claim or counterclaim whatsoever by the Customer against the Carrier must be subject to separate proceedings.

The Customer shall be deemed to have elected to accept the terms set out in (2) of this Condition unless, before the transit commences, the Customer has agreed in writing that the Carrier shall not be liable for any loss or misdelivery of or damage to or in connection with the Consignment howsoever or whensoever caused and whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its servants, agents or subcontractors.

physical loss, mis-delivery of or damage to living creatures, bullion, money, securities, stamps, precious metals or precious stones comprising the Consignment only if:

the Carrier has specifically agreed in writing to carry any such items; and

the Customer has agreed in writing to reimburse the Carrier in respect of all additional costs which result from the carriage of the said items; and

the loss, mis-delivery or damage is occasioned during transit and is proved to be due to the negligence of the Carrier, its servants, agents or sub-contractors;

physical loss, mis-delivery of or damage to any other goods comprising the Consignment unless the same has arisen from, and the Carrier has used reasonable care to minimise the effects of:

Act of God;

any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, terrorist act, military or usurped power or confiscation, requisition, or destruction or damage by or under the order of any government or public or local authority;

seizure or forfeiture under legal process;

error, act, omission, mis-statement or misrepresentation by the Customer or other owner of the Consignment or by servants or agents of either of them;

inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the Consignment;

insufficient or improper packing;

insufficient or improper labelling or addressing;

riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour howsoever caused;

Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered.

The Carrier shall not in any circumstances be liable for loss or damage arising after transit is deemed to have ended within the meaning of Condition 6(2) hereof, whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its servants, agents or sub-contractors.

The Carrier's liability for any loss of, or damage to, a Consignment transported on a dedicated delivery vehicle operating within the United Kingdom and not exceeding a gross vehicle weight of 3.5 tonnes is limited exclusively to Rapid Despatch account holders and a maximum of £25,000.

the value of the Goods actually lost, misplaced or damaged;

the cost of repairing any damage, or of reconditioning the Goods;

a sum calculated at the rate of £1000 sterling per tonne on the gross weight of the Goods delivered or damaged;

Where the mis-delivery, loss or damage howsoever sustained is in respect of a part only of the Consignment, the Carrier's liability shall be limited to the actual value of that part of the Consignment or where such can not be readily ascertained a sum representing the proportion which the part of the Consignment mis-delivered, lost or damaged represents of the total Consignment based on the open market value of the total Consignment.

Rapid Despatch shall not be liable to the customer under or in connection with this Agreement for any indirect or consequential loss or damage or any loss of or damage to profit, revenue, savings, use, contract, goodwill or business, in each case howsoever caused, including without limitation by reason of misrepresentation (whether made prior to or in this Agreement), negligence, other tort, breach of contract or breach of statutory duty.

The Carrier shall be entitled to receive written proof of the value of the Consignment damaged or lost and shall be afforded by the Customer a reasonable opportunity to inspect the Consignment when delivery has been effected to the Consignee.

The Carrier shall only be liable for loss or damage occurring within the geographical limits of UK and Europe. For journeys outside these limits, liability shall be restricted to the amount of cover provided by the international agent or carrier chosen at the Carrier's absolute discretion.

Loss of a parcel, package, or container or from an unpacked Consignment or for damage to a Consignment or any part of a Consignment unless it is advised thereof in writing otherwise than upon a consignment note or delivery document within 3 days and the claim giving details of quantum and the circumstances of any loss is made in writing within 7 days after the termination of transit as determined above;

Loss or mis-delivery or non-delivery of the whole of the Consignment or any separate parcel, package or container forming part of a Consignment unless the Carrier is advised of the loss, mis-delivery or non-delivery in writing, otherwise than upon a consignment note or a delivery document within 14 days and the claim giving details of quantum and the circumstances of any loss is made in writing within 21 days after the commencement of transit as determined above.

All consequences suffered by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) of any error, omission, misstatement or misrepresentation by the Customer or other owner of the Consignment or by any servant or agent of either of them, insufficient or improper packaging, labelling or addressing of the Consignment or fraud;

All claims and demands whatsoever by whomsoever made in excess of the liability of the Carrier under these Terms and Conditions;

All losses suffered by and claims made against the Carrier resulting from loss of or damage to property caused by or arising out of the carriage by the Carrier of Dangerous Goods whether or not declared by the Customer as such;

All claims made upon the Carrier by H M Customs & Excise in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended.

Goods named individually in the Approved Carriage List issued from time to time by the Health and Safety Commission, radioactive material, any dangerous weapon, drug, poison or substance or any article or substance likely to encourage vermin or other pests or likely to cause infection; or

any goods which, although, not included in (i) above, in the sole opinion of the contractor, present a similar hazard.

Following acceptance of the goods for storage the contractor shall if required provide the Customer with a receipt but no such document shall be evidence of the condition or the correctness of the declared nature, property, chemical composition, quantity, quality or weight of the Goods at the time they are received by the Contractor and the burden of proving the condition of the Goods on receipt by the Contractor and that the Goods were of the nature, property, chemical composition, quantity, quality or weight declared in the relevant document shall rest with the Customer.

The contractor shall notify the Customer of any pre-existing damage to and or becoming aware of such damage or deficiency in the Goods to be stored, within a reasonable time of the contractor becoming aware of such damage or deficiency. Such Goods shall, in the absence of any express agreement to the contrary between the customer and the contractor, be returned to the customer at the customer’s expense.

Either the Contractor or Customer may at any time give not less than 21 clear days’ notice in writing to the other of its intention to terminate the Contract and notwithstanding that the Contractor may have released the Goods before the expiry of such notice, all charges shall be payable to the date when the notice would have expired.

The Contractor may require the removal of the Goods or any part thereof, forthwith, If in the Contractor’s opinion:

the Customer’s financial position becomes unsatisfactory or if the Customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due, or (being a company) is deemed to be unable to pay its debts or has a winding up petition issued against it or a receiver appointed of all or any part in respect of all or any part of the business or assets of the Customer or (being an individual) commits an act of bankruptcy or has a bankruptcy petition issued against him, or the customer is in breach of any of its obligations arising under the contract.

the Storage of Goods poses a risk to the health and safety of the Contractor, its servants or any third party or to the Contractor’s property or any third party property;

the continued Storage of the Goods will result in the Goods perishing or otherwise deteriorating and or will cause damage to other goods or property.

If the Goods or any part thereof are not removed after notice is given by the Contractor to the Customer in accordance with paragraphs (1) and (2) above, then the Contractor may, at its absolute discretion, sell the Goods after the lapse of a reasonable period of time after notice is given by the Contractor of its intention to sell the Goods or part thereof.

Goods accepted for Storage during any calendar week (Monday to Sunday both inclusive) shall be charged for as though they were received on the first day of such week.

Charges shall be payable when due without reduction or deferment on account of any claim, counterclaim or set-off. The Contractor shall be entitled to interest at 8% above the Base Rate of HSBC Bank plc prevailing at the date of the Contractor’s invoice or account, calculated on a daily basis on all amounts overdue to the Contractor.

Should the delivery of Goods be postponed or cancelled by the Customer, the Contractor shall be entitled to recover from the Customer all expenses incurred by the contractor and all rental charges in respect of space reserved for such Goods.

The Customer shall be deemed to have elected to accept the terms set out in (2) of this Condition unless, before the Goods are Stored, the Customer has agreed in writing that the Contractor shall not be liable for any loss or misdelivery of or damage to or in connection with the Goods however or whenever caused and whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Contractor, its servants, agents or sub-contractors.

Subject to these conditions the Contractor shall be liable for:

physical loss, mis-delivery of or damage to living creatures, bullion, money, securities, stamps, precious metals or precious stones only if:

the Contractor has specifically agreed in writing to Store any such items; and

the Customer has agreed in writing to reimburse the Contractor in respect of all additional costs which result from the Storage of the said items; and

the loss, mis-delivery or damage is occasioned during Storage and is proved to be due to the negligence of the Contractor, its servants, agents or sub-contractors.

physical loss, mis-delivery of or damage to any other Goods occasioned during Storage unless the same has arisen from, and the Contractor has used reasonable care to minimise the effects of:

any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, terrorist act, military or usurped power or confiscation, requisition, or destruction or damage by or under the order of any government or public or local authority;

error, act, omission, mis-statement or misrepresentation by the Customer or other owner of the Goods or by servants or agents of either of them:

inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the Goods;

leakage or deficiency of Goods of a perishable or leaky nature, moth, vermin, insects, atmospheric or climatic causes;

insufficient or improper packing;

insufficient or improper labelling or addressing;

riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;

any other cause beyond the reasonable control of the Contractor.

The Contractor shall not in any circumstances be liable for loss of or damage to Goods arising after Storage of such Goods has ended whether or not caused or contributed to directly or indirectly by any act omission, neglect, default or other wrongdoing on the part of the Contractor, its, servants, agents or sub-contractors.

Except as otherwise provided in these conditions the liability of the Contractor in respect of claims for physical Loss, mis-delivery of or damage to Goods howsoever arising, shall in all circumstances be limited to the lesser of:

a sum calculated at the rate of £500 sterling per tonne on the gross weight of the Goods delivered or damaged;

in the case of loss, mis-delivery of or damage to a part of the Goods the weight to be taken into consideration in determining the amount to which the Contractor’s liability is limited shall be only the gross weight of that part regardless of whether the loss, mis-delivery or damage affects the value of other parts of the Goods;

nothing in this Condition shall limit the liability of the Contractor to less than the sum of £100;

the Contractor shall be entitled to proof of the weight and value of the whole of the Goods and of any part thereof lost, mis-delivered or damaged;

the Customer shall be entitled to give to the Contractor written notice to be delivered at least 7 days prior to commencement of Storage requiring that the £1000 per tonne limit in 11 (1)(c) above be increased, but not so as to exceed the value of the Goods, and in the event of such notice being given the Customer shall be required to agree with the Contractor an increase in the Storage charges in consideration of the increased limit, but if no such agreement can be reached the aforementioned £1000 per tonne limit shall continue to apply.

The liability of the Contractor in respect of claims for any other whatsoever (including indirect or consequential loss or damage and loss of market), and howsoever arising in connection with the Goods, shall not exceed the amount of the Storage charges in respect of the Goods or the amount of the claimant’s proved lost, whichever is the lesser, unless;

at the time of entering into the Contract with the Contractor the Customer declares to the Contractor a special interest in Storage in the event of physical loss mis-delivery or damage and agrees to pay a surcharge calculated on the amount of that interest, and

at least 7 days prior to the commencement of Storage the Customer has delivered to the Contractor written confirmation of the special interest and amount of the interest,

all liabilities and costs incurred by the Contractor (including but not limited to claims, demands, proceedings, fines, penalties, damages, expenses and loss of or damage to the place of storage and to other goods Stored) by reason of any error, omission, mis-statement or misrepresentation by the Customer or other owner of the Goods or by any servant or agent of either of them, insufficient or improper packing, labelling or addressing of Goods or fraud as in Condition 10;

all claims and demands whatsoever (including for the avoidance of doubt claims alleging negligence), by whomsoever made and howsoever arising (including but not limited to claims caused by or arising out of the Storage of Dangerous Goods and claims made upon the Contractor by HM Customs and Excise in respect of dutiable goods consigned in bond) in excess of the liability of the Contractor under these Conditions in respect of any loss or a whatsoever to, or in connection with, the Goods whether or not caused or contributed to directly or indirectly by any act, neglect, default or other wrongdoing on the part of the Contractor its servants, agents or subcontractors.

All claims for damage to or physical loss or mis-delivery of or failure to release any Goods and any claim referred to in Condition 11(2) shall be made in writing by the Customer within seven days after release of the goods alleged to be damaged or, in the case of Goods alleged to be lost or mis-delivered or which the Contractor fails to release, within seven days a the time when the Goods should in the ordinary course of ye been released and the Contractor shall be under no liability unless such claim is made within the time stipulated:

it was not reasonably possible for the Customer to advise the Contractor or make a claim in writing within the time limit applicable, and

such advice or claim was given or made within a reasonable time, the Contractor shall not have the benefit of the exclusion of liability afforded by this Condition.

The Contractor shall in any event be discharged from all liability whatsoever and howsoever arising in respect of the Goods unless suit is brought within one year of the date when the Goods were released or should, in the ordinary course of events, have been released.

In the computation of time where any period provided by these Conditions is seven days or less, Saturdays, Sundays and all statutory public holidays shall be excluded.

The Contractor shall have a general lien against the Customer, where the Customer is the owner of the Goods, for any monies whatever due from the Customer to the Contractor. If such a lien is not satisfied within a reasonable time, the Contractor may, at its absolute discretion sell the Goods, or part thereof, as agent for the Customer and apply the proceeds towards the monies due and the expenses of the retention, insurance and sale of the Goods and shall, upon accounting to the Customer for any balance remaining, be discharged from all liability whatever in respect of the Goods.

Where the Customer is not the owner of the Goods, the Contractor shall have a particular lien against the said owner, allowing the Contractor to retain possession, but not to dispose of, the Goods against monies due from the Customer in respect of the Goods.