Terms & Conditions DTDC Courier & Cargo UK Ltd, accepts goods for carriage and other services subject to the Standard Terms and Conditions set out

Transcription

1 Terms & Conditions DTDC Courier & Cargo UK Ltd, accepts goods for carriage and other services subject to the Standard Terms and Conditions set out below (these "Conditions"). No agent or employee of the Company is permitted to alter or vary these Conditions in any way. The Company reserves the right to unilaterally modify or supplement the services and these Conditions. 1. Definition and Interpretation 2. General 3. Parties and sub-contracting 4. Goods not accepted for carriage or storage 5. Customer warranty 6. Consignment notes 7. Transit and unclaimed goods and undelivered goods 8. Payment and pricing 9. Liability for loss and delay 10. Limitation and exclusion of liability 11. Claims for compensation 12. Lien and disposal of goods 13. Proof of delivery 14. Performance 15. Severability 16. Your acceptance of our terms and conditions 17. Calculation of transit times and routing of shipments 18. Governing law and jurisdiction 1. DEFINITIONS AND INTERPRETATION 1.1 In these Conditions: a) "Contract" means the contract of carriage or other services between the Customer and the Company into which these Conditions shall be deemed to be incorporated. b) "Consignee" means the person to whom the Consignment is addressed. c) "Consignment" means goods contained in one parcel or any number of separate parcels sent at one time in one load by and for the same Customer from one address or to one address. d) "Customer" means the person, firm or company that enters into a contract of carriage or a contract for other services with the Company. e) "Dangerous Goods" means goods included in the list of Dangerous Goods as defined in the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 as amended by the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011, the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009, including any other relevant legislation or regulations together with any amendments there to, or means goods which present a comparable hazard. f) "ESCD" means an electronic signature capture device which is capable of receiving, storing and transmitting customer information, including signatures. g) "International Parcel" means a parcel which weighs no more than 31kgs in weight, is less than 1.75 metres in length, with total girth of less than 3 metres (calculated as length + 2 x height + 2 x width). h) "International Freight Parcel" means a parcel which weighs 31.5 kgs or more, up to a maximum of 99kgs, with a length of less than 1.75 metres. i) "International Services" means services supplied by the Company outside the Mainland UK. j) "Neighbour" means a person who lives or works in a property within 50 metres walking distance of the delivery address. k) "Scan Record" means a laser created electronic record of a step in the parcel delivery process which is created by the Company. 2. GENERAL a) The Company agrees, subject to the Customer's compliance at all times with these Conditions, to carry Consignments agreed by the Company and the Customer, or to store goods in a building occupied by the Company, or to provide other services as agreed by the Company and the Customer.

2 b) The Company is not a common carrier which means that it may refuse to carry the Customer's goods at its discretion. The Company will accept goods for carriage only on these Conditions. c) The Company reserves the right, at its discretion, to inspect all Consignments to check that such Consignments are not dangerous, or incompatible with the Company's network and are capable of carriage to the country of destination within the Company's standard procedures, customs, declarations and handling methods and in compliance with all laws. d) For shipments outside the EU, the Customer shall, in relation to each of the goods comprised in each Consignment, provide the Company with: (i) a commercial invoice (including a clear and unambiguous description of the goods); (ii) any information required by any relevant customs authorities or the Company. e) In respect of International deliveries, the Customer shall fully complete, prepare, sign (as appropriate) and attach all documentation as required by HM Revenue and Customs or as required by any overseas customs authority. The Customer recognises that failure to fully complete and sign the customs declaration (where applicable) may result in customs clearance delays and/or loss or damage to a Parcel, for which DTDC Courier & Cargo UK Ltd bears no responsibility f) The Customer acknowledges and agrees that: (i) in relation to the goods, the Customer is either solely beneficially entitled to the goods or has the authority of all those interested in the goods to enter into this contract and to bind them to its terms; (ii) it is the exporter of the goods comprised in any Consignment and will be responsible for the accuracy of all information supplied to the Company; (iii) if there is any missing data, an incomplete or incorrect invoice, this may result in the parcel(s) being held or returned. g) The Customer recognises the right of international customs authorities to inspect packages and documentation and for customs to instruct DTDC Courier & Cargo UK Ltd to open any Parcel for examination and DTDC Courier & Cargo UK Ltd shall incur no liability of any kind as a result of that. The Customer authorises. DTDC Courier & Cargo UK to complete any necessary documentation for the purpose of customs clearance either in the UK or abroad, but also notes and accepts that DTDC Courier & Cargo UK is not legally permitted to complete and/or sign DTDC Courier & Cargo UK declarations as this is the responsibility of the Customer. h) In accordance with applicable regulations in various jurisdictions DTDC Courier & Cargo UK Ltd and its agents may be required to undertake X-ray screening of Consignments and DTDC Courier & Cargo UK Ltd and its agents shall have no liability in respect of any resulting loss, damage or delay, even if arising from its negligence. i) DTDC Courier & Cargo UK Ltd may engage agents and/or sub- contractors to perform all or any part of the Services to be provided to the Customer. 3. PARTIES AND SUB-CONTRACTING a) Where the Customer is not the owner of some or all of the goods stored or carried, the Customer shall be deemed for all purposes to be the agent of the owner or owners and that if any other person has an interest in the goods the Customer is acting as his fully authorised agent. b) The Company may employ any other carrier or warehouseman to fulfil the Contract. Any such carrier shall be entitled to sub-contract and these Conditions shall apply to such carriers on like terms. 4. GOODS NOT ACCEPTED FOR CARRIAGE OR STORAGE a) The Company shall not accept certain goods for carriage or storage, including, but not limited to, any of the following goods: (i)dangerous Goods, hazardous goods, flammable goods; or (ii) firearms, tobacco products, works of art, jewellery (including watches), cash, glass or any articles (or part of them) that are made up of glass, porcelain, earthenware or other similar materials, documents which can be exchanged for cash or goods (for example cheques, vouchers with a face value), precious metals (including gold or silver items), antiques, furs or any other valuables, alcohol including wines, beers and spirits, liquids of any kind, monitors,body parts or human remains, living or dead

3 animals, fish or birds, or any living organism of any type (including trees and plants) and frozen or perishable food, Pharmaceutical, food supplements, batteries; or (iii) any goods prohibited by the law or regulation of any government or public or local authority of any country where the goods are carried; or (iv)any goods which require temperature controlled transport; b) The Company reserves the right to reject Consignments for reasons of security or safety. 5. CUSTOMER WARRANTY a) The Customer warrants, undertakes and represents that: (i) the goods have been properly and sufficiently packaged and labelled for the intended destination, as appropriate to any operations or transaction affecting the Consignment and the characteristics of the goods, and so that the Consignment will not be lost or damaged whilst being transported, or cause injury or damage to the Company's staff or any property or other goods; (ii) the labelling on the Consignment includes the full postcode or zip code of the person or company sending the package and the Consignee. 6. CONSIGNMENT NOTES a) When receiving Consignments, the Company will scan the Consignment. This will produce a Scan Record as evidence of receipt of the Consignment. b) The Company shall, if so required, sign a document prepared by the Customer, acknowledging receipt of the Consignment or goods, but neither the Scan Record nor the Customer document shall be evidence of the condition or correctness of a declared nature, quantity or weight of the Consignment at the time it is received by the Company. 7. TRANSIT AND UNCLAIMED GOODS AND UNDELIVERED GOODS a) Transit shall commence when the Consignment is handed to the Company whether at the point of collection or at the Company's premises. The Company is entitled to convey goods by any means of conveyance and by any route whatsoever. b) Transit shall end when the Consignment is offered for delivery within the Company's delivery hours or when the Consignment is held for collection following attempted delivery; PROVIDED THAT, when for any other reason whatsoever a Consignment is held by the Company "to await further instruction" or "to be kept until called for" or upon any like instructions and such instructions are not given, or the Consignment is not called for within a reasonable time, then transit shall be deemed to end. The Company shall store such Consignment subject to all goods being solely at the Customer's risk and subject to disposal in accordance with Clause 12. c) Subject to Clause 7(d), where, for any reason whatsoever the Company is unable to convey the Consignment to the address to which it is consigned, or to effect delivery at the said address: (i) the Company shall endeavour to communicate with the Customer and request a new address and/or the required details to which the Consignment can be delivered in the country/ districts in which the Consignment is then lying; and (ii) if the Company is unable to communicate with the Customer within a reasonable time, or if it is not provided with a new address and/or the required details for delivery by the Customer within a reasonable time, the Company shall be at liberty to deal with the goods in accordance with Clause 12. During storage, at any time prior to any disposal or destruction in accordance with Clause 12, the goods shall be held solely at the risk of the Customer. d) Unless the Customer notifies the Company in writing otherwise and such notice is formally acknowledged in writing by the Company, the Company shall be entitled to deliver the Consignment to a Neighbour of the Consignee's address, a concierge or an alternative delivery destination which may include shop networks within the Company's delivery hours, and for the purposes of Clause 7(b), transit shall be deemed to have ended at the time of delivery to such Neighbour, or obtaining a signature from a concierge or other recipient, or leaving the Consignment at the Consignee's building. e) Any specific timescales for delivery and/or collection given by the Company are estimates only. The Company shall not be deemed to be in breach of the Contract or have any liability (whether in contract, tort, negligence or otherwise and howsoever arising) to the Customer for any failure to fulfil any delivery and/or collection within any specified timescales.

4 f) only Working Days will be counted and for International deliveries this includes those both in the UK and Recipient destinations and may vary country by country. g) In respect of International deliveries, if a Consignment is Undeliverable for any reason, DTDC Courier & Cargo UK Ltd will attempt to notify the Customer. If the Customer cannot be contacted within a reasonable amount of time (seven (7) Working Days for) or fails to reach an agreement with DTDC Courier & Cargo UK Ltd within a reasonable period of time as determined by DTDC Courier & Cargo UK Ltd, DTDC Courier & Cargo UK Ltd at its sole discretion, may return the Consignment to the Customer, place the Consignment in a general order warehouse, (or customs-bonded warehouse), or dispose of the Consignment. The Customer will be liable for any and all costs, charges and fees incurred in returning, storing or disposing of an Undeliverable Consignment, unless the Consignment was Undeliverable due to the fault of DTDC Courier & Cargo UK Ltd. h) After an attempted delivery, the Customer or the Recipient may request that an undelivered Consignment be returned to the Customer, delivered to the Recipient or redirected subject to payment of such additional charges notified by DTDC Courier & Cargo UK Ltd to the person who makes the request. DTDC Courier & Cargo UK Ltd will perform such additional service on the terms and conditions set out in these Conditions or other such DTDC Courier & Cargo UK Ltd terms which govern the additional services. i) If a Recipient refuses to pay any customs charges and duties (and any handling charges levied by DTDC Courier & Cargo UK Ltd in respect thereof) due in respect of a Consignment and as a result, it or a part of it is not delivered, DTDC Courier & Cargo UK Ltd shall not incur any liability and the Consignment (or relevant part) will only be returned to the Customer if those charges plus return carriage charges are paid by the Customer. DTDC Courier & Cargo UK Ltd will attempt to contact the Customer to advise of the charges and to obtain agreement to pay. If such agreement is forthcoming, the Customer shall make payment at or to the local DTDC Courier & Cargo UK Ltd office, thereafter the Consignment (or relevant part) will be returned to the Customer. j) Where the Customer refuses to pay the charges, the Consignment (or relevant part) may be disposed of by DTDC Courier & Cargo UK Ltd as it sees fit. 8. PAYMENT AND PRICING a) The Company's charges for carriage and other services shall be payable by the Customer; however, the Company shall also have the right to demand and obtain payment from the sender (if different from the Customer) or the Consignee, or from any other person who may be liable to pay the charges. b) Payment of the Company's charges is due no later than the date specified on the Company's invoice/statement. If any payment under the Contract is overdue then, without prejudice to the Company's other rights and remedies, the Customer shall pay interest on the overdue amount (whether before or after judgment) at the statutory rate of interest payable on late payments from time to time, such interest to accrue on a daily basis, from the due date for payment until payment is made in full. c) We charge for either the actual weight of the shipment or the volumetric weight of the shipment whichever is the higher and the volumetric weight is calculated in accordance with the volumetric conversion equation set (L cm x W cm x H cm)/5000. We may check the weight and/or volume of and/or the number of items within your shipment and if we find that there is a discrepancy between your declared weight and/or volume and/or number of items you agree that the weight and/or volume and/or the number of items that we determine may be used for the purpose of our calculation. d) A claim or counterclaim by the Customer shall not be made the reason for deferring or withholding payment or monies payable, or for refusing to reimburse liabilities incurred by the Company. e) The Company shall be entitled at any time and from time to time to increase the Company's charges for carriage or other services by giving to the Customer not less than 7 days prior written notice to accord with increases in relevant costs of the Company's business including but not limited to, fuel, congestion charges, licence fees, postal fees and labour. f) All amounts payable by the Customer are subject to Value Added Tax which shall be charged at the applicable rate. g) In the event that the Company pays or agrees to pay to any third party any duty and/or taxes and/or levy in respect of any Customer's goods: (i) the Company shall do so on the sole basis that in doing so it is acting as the Customer's fully authorised agent;

5 (ii) whether or not delivery of the goods is made to the Consignee's address, immediately upon receipt of the Company's duty invoice in respect of such duty and/or tax and/or levy the Customer shall settle such duty invoice in full; (iii) in the event of the Customer failing to comply strictly with Sub-Clause 8(g)(ii) above, the Company shall be at full liberty to deal with the goods in accordance with Clause 12. h) The Customer shall pay to the Company any duties, taxes, levies, customs assessments, fines or other penalties and unusual costs, claims and expenses (including administrative costs) incurred by the Company as a result of it conveying the goods. i) The Customer must notify the Company about any query in relation to any invoice from the Company within 7 days of the invoice date and confirm it that query by notice in writing within 14 days of the invoice date. If the Customer does not do this, the Company will not be liable (whether in contract, tort, negligence or otherwise and howsoever arising) for any error in the invoice nor shall the Company be required to re-pay any sums paid by the Customer. j) Our invoice does not include a copy of the Proof of Delivery (POD), which you agree may be validly obtained or provided in a digital or electronic format, or any other additional documents. k) On termination of this agreement for any reason, you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of services supplied where your goods have been delivered but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt. 9. LIABILITY FOR LOSS AND DELAY a) Subject to the provisions of this Clause 9 and Clauses 4, 10 and 11, the Company shall be liable for any physical loss of, goods during transit (as defined in Clause 7), and storage (other than storage under Clause 7(c)(ii)), except to the extent that such loss or damage has arisen from or consists of: (i) the Customer or Consignee not taking or accepting delivery within a reasonable time (7 days); (ii) a breach of any of the Customer warranties set out in Clause 5, including insufficient or improper packing, labelling or addressing, including incorrect or missing postcode information; (iii) loss, damage or breakage of articles of, or for that part of any articles that comprises of goods which are not accepted for carriage or storage by the Company as set out in Clause 4; (iv) any act or omission of the Customer or owner of the goods or of the servants or agents of either; (v) inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods, wear and tear, depreciation, moths, vermin, or the effect of any process of cleaning, dyeing or restoring any article; (vi) act of God; (vii) seizure under legal process; (viii) any force majeure event meaning an event beyond the reasonable control of the Company, including seizure under a legal process, consequence of war, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property, extreme weather conditions, compliance with any law, or order of any government or public or local authority, riots, civil commotion, strikes, lockouts, general or partial stoppage or restraint of labour from whatever cause, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, the direct or indirect effect of ionising radiations or contamination by radioactivity; (ix) fraud by the Customer or the owner of the goods or the servants or agents of either. b) For the avoidance of doubt, where the Consignment was not in transit or in storage (as defined in Clause 7) at the time of the loss and/or where the Consignment or other goods do not have a Scan Record showing that the goods were provided to the Company, then the Company shall not be liable for loss or damage to the goods. c) DTDC Courier & Cargo UK Ltd does not accept liability for any loss of contracts, business, profits, revenue, anticipated savings or any indirect or consequential loss or damage whatsoever or howsoever arising whether from contract, breach of statutory duty, tort (including negligence of DTDC Courier & Cargo UK Ltd, its officers, employees, contractors and agents), or otherwise. d) DTDC Courier & Cargo UK Ltd shall not be liable to pay any refund for late delivery in respect of:

6 (i) Deliveries to post office box numbers are not accepted, except in a limited number of countries and further provided that the telephone number of the consignee is provided. In the event we are unable to deliver the shipment at the first attempt then you agree that we may post the shipment to the consignee and proof of posting is sufficient proof of delivery. (ii) Consignments addressed to a PO Box or local post office where the postal delivery agent operates a held for collection process. (iii) any delay in delivery due to acts or omissions of customs or other regulatory agencies. e) DTDC Courier & Cargo UK Ltd shall not be liable to pay any compensation or refund for delay where: (i) the Consignment is held up in customs for formal entry clearance or because duty is payable or (ii) the Consignment needs collection by the Recipient in person or (iii) the Consignment is seized by any customs authority or (iv) the customs documentation is incomplete or incorrect or (v) the Consignment has not been packed correctly or (vi) the Consignment contains Prohibited or Restricted Goods or (vii) the Consignment does not have a complete and accurate address, postcode and telephone number for the Customer and Recipient. f) DTDC Courier & Cargo UK Ltd shall have no liability for loss, damage and delay where a Consignment is despatched to a destination where the Service has been suspended. g) DTDC Courier & Cargo UK Ltd reserves the right to suspend any of the Services and/or compensation/refund arrangements to specific destinations where it considers that circumstances prevent the provision of a reliable service. 10. LIMITATION AND EXCLUSION OF LIABILITY a) Subject to Clauses 4, 9, 11and 12 hereof and the other provisions of this Clause 10, the Company's liability (whether in contract, tort, conversion, negligence or otherwise and howsoever arising) for the loss of any goods and/or for any other matter (howsoever arising) under a Contract shall be limited to the lesser of: b) for all International Services : (i) if carriage by air, up to $100 per Consignment, unless the Warsaw Convention of 1929 as amended by the Protocol signed in the Hague on September 28th 1955, the Protocol signed in Guatemala City on 8 March 1971 and the Montreal Convention 1999 ("Warsaw Convention") operates; (ii) replacement cost of lost goods, the Customer shall provide proof of value of goods lost; c) we will assume the shipment was delivered in good condition unless the receiver has noted any lose on our delivery record when he or she accepted the shipment. In order for us to consider a claim for lose the contents of your shipment and the original packaging must be made available to us for inspection; 11. CLAIMS FOR COMPENSATION a) The Customer should confirm any loss by notice in writing within 21 days of the date of despatch. If the Customer fails to do so, the Company shall not be liable for any loss. b) A payment of any claim by the Company shall be in full and final settlement of such claim. 12. LIEN AND DISPOSAL OF GOODS a) The Company shall have a lien on all goods carried for the Customer for any amount due to the Company whether pursuant to the Contract or otherwise and for the cost of recovering the same. b) If the amounts owing to the Company in respect of which it has a lien are not satisfied within a reasonable time of the commencement of transit as defined in Clause 7, the Company shall be at full liberty at its own discretion to: (i) sell the goods either privately or by auction and to apply the proceeds of any such sale in or towards any monies owing to it and the expense of the sale and shall account to the Customer for the balance remaining if any; or (ii) destroy the goods if any sale under sub-clause (i) is impractical in the opinion of the Company due to the value or saleability of the goods in question, or otherwise; and such sale or destruction as the case may be shall be a full discharge of any liability of the Company in respect of the goods. 13. PROOF OF DELIVERY

7 a) The Company may require a recipient of a Consignment to sign an ESCD as proof of delivery of the Consignment. Any record of the recipient's signature obtained by the Company shall be conclusive evidence of the delivery of Consignments (including the quantity of such Consignments) comprised in the Consignment. The recipient's signature shall be evidence of delivery of the Consignment. 14. PERFORMANCE a) The Company shall be relieved of its obligation to perform the Contract to the extent that performance is prevented or delayed by a failure or delay by the Customer to perform any obligations under these Conditions and causes beyond the reasonable control of the Company including but not limited to any force majeure event meaning an event beyond the reasonable control of the Company, including seizure under a legal process, consequence of war, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property, extreme weather conditions, compliance with any law, or order of any government or public or local authority, riots, civil commotion, strikes, lockouts, general or partial stoppage or restraint of labour from whatever cause, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, the direct or indirect effect of ionising radiations or contamination by radioactivity and, for the avoidance of any doubt, the Company's charges shall be payable in full in such circumstances, without prejudice to the Company's rights at common law to treat the Contract as frustrated. 15. SEVERABILITY a) If any of these Conditions or any part is held to be invalid for any purpose, it shall for that purpose be deemed to have been omitted, but shall not prejudice the effectiveness of the rest of these Conditions. 16. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS a) By giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions. 17. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS a) Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond our control are not included when we quote door to door delivery times. The route and the method by which we transport your shipment shall be at our sole discretion. 18. GOVERNING LAW AND JURISDICTION a) The Contract and these Conditions (and any non-contractual claims arising in relation to it) shall in all respects be subject to and construed in accordance with English Law and the parties to the Contract hereby submit to the exclusive jurisdiction of the Courts of England. Name. Signature : Date:..