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Terms and Conditions
1 In these terms and conditions, unless the context otherwise permits or requires the following
expressions shall have the following meanings.
(a) "The carrier” means „ACE 2009 Ltd. trading as „ACE Sameday Couriers..
(b) "The client” means any person, firm or company requesting the carrier to transport a consignment and includes any servant agent or sub contractor of the client.
(c) “Consignment” means any communication, parcel, package, envelope, letter or other items
contained in one parcel, envelope or package or any number of separate parcels,envelopes or packages sent at one time, in one load, at the request of the client from any onecollection point to any one or more delivery points.
(d) “Collection Point” means the address at which any consignment is to be collected or received by the carrier.
(e) "Delivery Point” means the address to which any consignment is to be delivered by the carrier including any alternative delivery point specified by the client under Clause 7 (1) below.
(f) “Dangerous Goods” means any goods that fall within the scope of the Carriage of Dangerous
Goods and Use of Transportable Pressure Equipment Regulations 2007 (CDG 20076).
ACCEPTANCE OF TERMS AND CONDITIONS
2 (1) Any business undertaken by the carrier or any information advice or service supplied by the Carrier, (whether charged for or not) is undertaken or provided subject to these
Terms and Conditions which shall be the terms of any contract for delivery of Consignments between the Carrier and the Client.
(2) These Terms and Conditions subject to and together with any variation in writing between the Carrier and the Client shall constitute the entire contract between the Carrier and the Client and shall override or supercede any previous agreement or arrangement between the Carrier and the Client and in particular shall operate to the exclusion of any terms and conditions at any time imposed by the Client. On acceptance by the Carrier of any Consignment the Client shall be deemed to have accepted these Termsand Conditions.
(3) The Client acknowledge that it has not entered into this Agreement relying upon any representation inside by or on behalf of the Carrier and without prejudice to thegenerality of the foregoing, the Client has not relied upon any correspondence, Statement or sales literature issued by or on behalf of the Carrier.
3 The Carrier is not a common carrier and will only carry Consignments subject to these Terms and Conditions. The Carrier reserves the right at its absolute discretion to:
(i) subcontract any part or parts of a delivery;
(ii) refuse to accept any Consignment or part thereof for delivery;
(iii) deliver the Consignment by any available route.
4 Without prejudice to the provisions of Clause 3 above, the Client acknowledges that the Carrier is under no obligation to accept Dangerous goods for delivery,
5 (1) The Client hereby warrants that,
(a) the Consignment does not constitute or contain Dangerous goods, or any substance the possession, storage or delivery of which is a criminal offence or a breach of the provisions of any relevant statue regulation or bye-law under the laws of any part of the United Kingdom or of any justification to or through which the Consignment is to be delivered or in which it may be stored;
(b) the Client has the authority in respect of the Consignment to authorise collection and delivery by the Carrier from the Collection Point to the Delivery Point.
(2) The Client hereby agrees to indemnify the Carrier against and hold the Carrier harmless from any loss damage claim cost or expense which the Carrier its employees sub-contractors or agent may incur directly or indirectly as a result of any breach of the warranty given in Clause 5 (1) above.
6 (1) The Carrier shall use its reasonable endeavors to deliver the Consignment to the Delivery Point within the time specified by the client, but time of delivery shall not be of the essence unless agreed by the Carrier in writing prior to the placing of the order,
(2) The Carrier shall take all reasonable steps to obtain a receipt from the consignee and such receipt shall be conclusive evidence of the date, time and place of delivery.
7 (1) The Carrier shall make one attempt to deliver Consignment to the Delivery Point within the delivery time specified by the Client. If the Consignment cannot be delivered the Carrier will have the option to either make further attempt to deliver the Consignment to the Delivery Point or to deliver the Consignment to any other Delivery Point specified by the Client, in either event at the Client.s cost.
(2) If delivery does not take place under the provisions of Clause 7 (1) other than by reason of any failure or default of the Carrier its employees agents or sub-contractors or if the Client does not specify an alternative Delivery Point within 24 hours of being requested to do so by the Carrier, the Client shall be liable to the Carrier for all storage charges incurred by the Carrier between the date on which delivery was first attempted and the date on which delivery is mode under the provisions of Clause 7 (3) below.
(3) If delivery does not take place under the provisions of Clause 7 (1) the Carrier shall be entitled to dispose of the Consignment or any part thereof at any time after giving the Client 7 days written notice of its intention to do so.
(4) The Carrier shall be under no obligation to deliver a Consignment or Consignments as a whole at any one time and shall be free in its absolute discretion to make more than one delivery to deliver in parts.
8 The Carrier shall not be under any obligation to provide any plant equipment, machinery, power or labour which may be required for loading or unloading the Consignment at the Collection Point or the Delivery Point.
9 Any Consignment or part thereof requiring any special appliance or equipment for loading on to and/or unloading from any vehicle is accepted for carriage only on the condition that the Client has duly ascertained that such appliances are available at the Collection Points and the Client shall be responsible for the provision and cost of such Appliances or Equipment.
10 Any assistance given by the Carrier beyond the usual act of collection or delivery (including without prejudice to the generality of the foregoing the provision of plant machinery, equipment power or labour for loading or unloading at the Collection or Delivery Points) shall be at the sole risk of the Client who will save harmless and keep the Carrier indemnified against any damage, expense, loss, costs, claims or demands (including without limitations damage to the Consignment or to any property of the Client, the Carrier, the consignee or any third party whether or not arising out of the negligence of the Carrier its employees agents or subcontractors) arising directly or indirectly from the provision of such assistance.
LIABILITY FOR LOSS AND DAMAGE
11 Subject to the provision of Clauses 6, 10 and 2 the Carrier shall not be liable for any loss mis-delivery non-delivery or damage to any Consignment unless such loss, mis-delivery non-delivery or damages has arisen from any wilful default by or negligent act or omission of the Carrier, its employees, agents or sub-contractors.
LIMITATION OF LIABILITY
12 (1) Subject to Clauses 6, 10 and to Clause 11 hereof the liability of the Carrier to the Client arising from any loss or damage to any Consignment or for non- delivery or mis-delivery thereof shall be limited to the reasonable market value of the Consignment whether such loss or damage non delivery or mis-delivery arises by reason of breach of contractor
negligence on the part of the Carrier or its employees, agents or sub-contractors or otherwise howsoever, Provided that:
(i) the liability of the Carrier shall in any case be limited to £27,500 per vehicle for goods carried except where the client requests an overnight service for delivery to be made the following working day, in which case liability shall be limited to £100 per Consignment.
(ii) the Carrier shall not in any case be liable for any indirect consequential or economic lossor damage incurred by the Client or any third party.
(iii) the Carrier shall not be liable in respect of any loss or damage to any Consignment that cannot be carried within lockable equipment normally provided by any vehicle requested by the Client by the Carrier for delivery of such Consignments or if the Consignment is not properly packed or prepared for transit in parcels, envelopes or packages suitable for transit of goods, items or matters of the nature comprising the Consignment or any part thereof.
(iv) the Carrier shall be entitled to receive written evidence to its reasonable satisfaction of the value of Consignment damaged or lost,
(v) the Carrier shall not be liable for loss of or damage to non-delivery or mis-delivery of any cash, notes, stamps, deeds, tickets, cheques, travellers cheques, jewellery, watches, precious metals, works of art or similar valuable articles,
(vi) the Carrier shall not be liable for any loss of damage suffered by reason of:
(a) the failure of the Client to properly address the Consignment.
(b) delivery of the Consignment in good faith at the Delivery Point to a person claiming to be consignee of his or its employee agent or sub-contractor.
(c) any breach of the warranty given by the Client in Clause 5 above.
(d) the inability of the Carrier to perform its obligations due to any circumstances beyond the reasonable control of the Carrier including (without prejudice to the generality of the foregoing) any strike lock-out, state of hostilities or climatic conditions,
(vii) the Carrier shall not be liable for any loss of or damage to any Consignment unless a claim is made upon the Carrier in writing.
(a) within seven days after completion of the delivery; or
(b) in the case of loss non-delivery or mis-delivery, within fourteen days of acceptance by the Carrier of the Consignment concerned.
(viii) the Carrier shall not be liable for any damage to or deterioration of perishing of goods of a perishable or fragile nature except where such damage deterioration or perishing occurs by reason of any default or neglect on the part of the Carrier its employees or agents or sub-contractors (and subject always to the provisions of Clauses 6 and 12 (1) (iii) or for reasonable wear and tear incurred during transit or storage,
(ix) The limit referred to in Clause 12 (1) (i) shall only apply to loss or damage occurring within the geographical limits of Great Britain, Ireland, the Channel Islands and the Isle of Man, including journeys within these areas. For deliveries outside these areas, liability shall be restricted to the amount recoverable by the Carrier and actually recovered (whether under any convention relating to international carriage of goods from the time in force or otherwise) from the international agent or carrier chosen at the Carrier.s absolute discretion to deliver the Consignment.
(2) The Carrier and the Client have freely and openly negotiated this Contract in the knowledge that the liability of the Carrier is to be limited in accordance with these Terms and Conditions and the price charged by the Carrier has been calculated accordingly.
The Client acknowledges that a greater price would be payable but for such limitation. It is intended that the terms and conditions should be reasonable as between the Carrier and the Client having regard to the nature of the contract but if at any time any of them is either unforceable or void at law it shall not adversely affect or prejudice the remainder of them or the Contract and it shall be deemed to the excluded from these terms and conditions.
13 (1) The Client shall in respect of delivery of any Consignments pay the Carrier.s charges in accordance with the Carrier.s current tariff of charges within thirty days from the date of the Carrier.s invoice thereof, The Carrier reserves its right to increase its charges at any time. The tariff of charges is available for inspection by the Client, (and a copy will be provided on request) and the tariff shall be deemed to have been inspected by the Client whether or not actually inspected.
(2) The Carrier may at its absolute discretion withdraw credit facilities at any time,
(3) No quotation or estimate of charges given by the Carrier shall bind the Carrier unless expressed in writing to be a fixed quotation with a date to which such fixed quotation shall be valid in which case the quotation or estimate must be accepted by the Client and delivery must take place prior to that date.
14 The Client shall pay to the Carrier VAT on all monies due to the Carrier at the appropriate rate in force from time to time.
15 Unless paid within thirty days of the date of invoice from the Carrier, the Carrier shall be entitled to interest on any unpaid sum at the rate of four per centum per month computed from the date of any such unpaid invoice or invoices until the payment of such sum and computed on a daily basis both before and after judgment,
16 For the purpose of the Terms and Conditions, the price stated in the current tariff of charges of the Carrier on the Client.s behalf (such as payments for the Red Star Parcels or gratuities) shall be added to such sum with VAT (where applicable) at the appropriate rate.
17 All monies due to the Carrier shall be payable in sterling in England
18 The Carrier shall have lien over any or all Consignments in respect of any unpaid invoices whether relating to a particular Consignment or otherwise and the Client appoints the Carrier its attorney and agent to sell or otherwise dispose of the same and to apply the net sale proceeds in reduction or extinguishment of the Client.s liability to the Carrier.
19 No payments due to the Carrier from the Client shall be withheld by the Client in respect of any claim or alleged claim by the Client or the consignee against the Carrier howsoever arising and whether by way of set-off, counterclaim or otherwise.
20 The Client agrees to indemnify the Carrier for all costs and expenses including legal fees and expenses on a Solicitor and own Client basis in respect of the recovery of any Outstanding amounts due under Contract,
LAW AND JURISDICTION
21 These Terms and Conditions shall be subject to the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.