| 1. General |
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The Carrier is not a common carrier and
accepts at its sole discretion Consignments for carriage
only upon that condition and the Terms and Conditions
contained herein. Save as may be agreed in writing by
a Director of the Carrier, no servant or agent of the
Carrier is permitted to alter or vary these Terms and
Conditions in any way. |
| 2. Parties |
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"Carrier" means Ascent Couriers
Ltd, 17A Upper Hale Road, Farnham, Surrey. (or such other
address as it may notify the Customer from time to time)
which shall, unless the context requires otherwise, include
any sub-contractor appointed by the Carrier. |
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"Customer" means the person
or company who contracts for the services of the Carrier,
including any other carrier who gives a Consignment to
the Carrier for carriage. |
| 3. Definitions |
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"Contract" means the contract
of carriage between the Customer and the Carrier, which
shall be made subject to these Terms and Conditions. |
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"Consignee" means the person
or company to whom the Carrier contracts to deliver the
Consignment. |
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"Consignment" means goods
in bulk or contained in one parcel, package, container
or envelope, or any separate number of parcels, packages,
containers or envelopes sent at one time in one load by
or for the Customer from one address to any other single
address. For the avoidance of doubt, the expression "goods"
shall include papers and documents other than those expressly
excluded in these Terms and Conditions. |
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“Dangerous Goods” means
goods included in the list of dangerous goods as defined
in the Classification Packaging and Labelling of Dangerous
Substances Regulations (known as the C.P.L. Regulations),
and in the classification and labelling of explosives
regulations, the Radioactive Material (Road Transport)
Act 1991 and including any other relevant legislation
or regulations together with any amendments to them, or
means goods which present a comparable hazard |
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“Attractive Goods” include:
Money, Securities, Deeds, Bills of exchange, Promissory
notes, Stamps, Mobile telephones , Jewellery, Precious
stones, precious metals including but not limited to gold,
silver, platinum, Spirits, tobacco and cigarettes |
| 4. Courier’s
obligations |
| 4.1 |
The Courier shall use its best endeavours to deliver
the goods to the delivery address so specified at about
or before the time so specified |
| 4.2 |
The Courier shall not be liable for any delay in delivery
caused by the unavailability at the delivery address of
the consignee or other authorised recipient |
| 4.3 |
The Courier shall not be liable for loss of or damage
to or mis-delivery or delayed delivery of the goods occasioned
by: |
| 4.3.1 |
Any act of God including but not limited to storm tempest
or flood. |
| 4.3.2 |
Any act of war hostilities riot or civil commotion or
the threat or fear of such conditions prevailing
criminal malicious or negligent actions or acts or omissions
of third parties. |
| 4.3.3 |
Industrial action or unforeseeable traffic conditions. |
| 4.3.4 |
The effect of ionising radiation or uncontrolled nuclear
reaction. |
| 4.3.5 |
Suspension or cancellation of transport services by
reason of or of the threat or fear of inclement weather
or any of the matters set out in clauses above. |
| 4.3.6 |
Fire, lightning or explosion. |
| 4.3.7 |
Seizure under legal process. |
| 4.3.8 |
Any act default or omission of whatever nature of the
Customer his employees or agents or any person having
any interest in the goods. |
| 4.3.9 |
Insufficient or improper packing labelling or addressing
causing the goods to become unwrapped or unpacked whilst
in transport. |
| 5. Customer’s
obligations |
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Subject to the provisions of this agreement, the Customer
undertakes: |
| 5.1 |
That 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. |
| 5.2 |
That in the event of any claim by any third party against
the Courier arising out of this contract to indemnify
the Courier against the claim and all legal and other
costs incurred except to the extent that the Customer
establishes that the Courier would have been liable to
the Customer had the original claim been made by the Customer
but on the assumption that the Customer had retained title
to the Goods. |
| 5.3 |
To give any instructions requested by the Courier in
pursuance of the above clause as soon as reasonably practicable. |
| 5.4 |
To make all payments as provided in clause 8 below. |
| 6. Limitation
of liability |
| 6.1 |
The liability of the Courier in the event of loss of
or damage of the goods (where the Courier’s liability
is not otherwise excluded) shall not exceed the declared
value of the goods specified otherwise declared by the
Customer (and pro rata in the case of an event affecting
part only of the goods) or the cost of repairing any damage
or of reconditioning the goods subject always to a maximum
liability of £1,000 per Consignment or part thereof
in the case of an event affecting part only of the Consignment.
Where the Customer requires a higher value of cover this
shall be expressly negotiated and agreed in writing. The
value of the goods actually lost or damaged shall be taken
to be their invoice value if they have been purchased
by the Customer or otherwise shall be taken to be the
replacement cost to the owner at the commencement of transit
and in all cases shall be taken to include any Customs
and Excise duties or taxes payable in respect of the goods
provided always that the Courier shall be entitled to
proof of value of the Consignment or any part of it. |
| 6.2 |
The liability of the Courier for delay in delivery
(where the Courier’s liability is not otherwise
excluded) shall not exceed a sum equal to the carriage
charges or a proportion of those charges in the case of
an event affecting part only of the goods. |
| 6.3 |
The Courier shall not be liable for any physical loss
or damage to any theft-attractive goods unless the Courier
has specifically agreed in writing prior to transit commencing
to carry such items and the Customer has agreed in writing
to reimburse the carrier in respect of all additional
costs including insurance costs which result from the
carriage of the said items and the loss or damage is occasioned
during transit and is proved to be due to the negligence
of the Courier its servants or agents. |
| 6.4 |
The Courier shall not in any event be liable for any
consequential loss whatsoever and howsoever arising (including
in relation to theft attractive goods) which shall include
without limitation all economic losses loss of profits
increased management or labour costs loss of future business
loss of reputation and goodwill loss of market or falls
in prices of whatever nature and all other damages costs
or expenses or other indirect losses including any liability
to or claims by any third party. |
| 7. Loading
and unloading |
| 7.1.1 |
On collection or delivery at a Sender’s or Consignee’s
premises the Courier shall be under no obligation to provide
any plant, power or labour for loading or unloading. |
| 7.1.2 |
Subject to these Conditions, the Courier’s employees
have no authority to give assistance other than under
supervision in the loading and unloading at the usual
place of collection or delivery and the Courier shall
not be liable for any loss or damage howsoever caused
including negligence attributable to such or to any other
assistance given and the Customer shall indemnify the
Courier against any claims made against the Courier as
a result of any such other assistance given. |
| 7.1.3 |
Consignments or part thereof requiring special equipment
for unloading from a road vehicle are accepted for carriage
only on the condition that the Customer has duly ascertained
from the consignee that such equipment is available at
the destination. |
| 7.1.4 |
Where the Courier is, without prior arrangement in
writing having been made by the Customer, called upon
to load or unload Consignments or parts thereof for which
special equipment is required, the Courier shall be under
no liability whatsoever to the Customer for any damage
howsoever caused, whether or not by the negligence of
the Courier and the Customer shall be responsible for
and indemnify the Courier against any damage or liability
which the Courier may suffer or incur either itself or
in respect of loss, damage or injury suffered by the Courier’s
employees or any third party. |
| 8. Time
Limit For Claims |
| 8.1 |
The Courier shall not be liable for any damage or delay
to goods unless it is advised in writing by the Customer
within 7 days of the specified delivery date in the event
of non-delivery, or the actual date of delivery. |
| 8.2 |
Any damaged goods must be made available for inspection
by the Courier or its insurance company. |
| 9. Payment |
| 9.1 |
Payment to be made by the Due Date as shown on our
invoice. |
| 9.1.1 |
In default of payment the Courier shall be entitled
to charge interest on a daily basis at the rate of 12%
per annum chargeable from the date the invoice was due
to be paid and up until final payment is made. In addition
to any other charges and or fees that may be added. |
| 9.1.2 |
The company, may, at its discretion, charge an account
handling fee commencing at £40.00 per month per
late invoice. |
| 9.1.3 |
Any additional fees incurred by the company in its
pursuit to recover its owed funds will be added to any
outstanding balances. These fees are in addition to any
interest or other charges being added to the unpaid invoice.
All legal fees incurred will also be payable by the debtor. |
| 10. Cancellation |
| 10.1 |
If the customer books Ascent Couriers Ltd either verbally
or in writing to perform a task and or service and for
any reason the booking is cancelled Ascent Couriers Ltd
may at its discretion charge a cancellation fee. The charged
fee will be not less than half of the quoted job or the
work that was required to be performed. If no quote was
requested or issued then a minimum fee of not less than
£50.00 will apply for the cancellation of the requested
task and or service that was to be performed. |
| 11. |
The contract and these Terms and Conditions shall be
construed and governed by the Laws of England. |
| 12. |
The registered office of the carrier is: |
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Ascent Couriers Ltd
17A Upper Hale Road
Farnham
Surrey
GU9 0NN
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