PLEASE NOTE THAT THE CUSTOMER WILL NOT IN ALL CIRCUMSTANCES BE ENTITLED TO COMPENSATION, OR TO FULL COMPENSATION, FOR
ANY LOSS AND IS THEREFORE RECOMMENDED TO SEEK PROFESSIONAL ADVICE AS TO APPROPRIATE INSURANCE COVER TO BE MAINTAINED WHILE
CONSIGNMENTS ARE IN TRANSIT.
ANGLIA COURIER SERVICES
Mobile: 07973-925209 / 07530-334375
(Hereinafter referred to as "the Carrier') is not a common carrier and accepts goods for carriage only upon that condition
and the Conditions set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in any
way unless expressly authorised in writing to do so by a Director or other authorised person. If any legislation is compulsorily
applicable to the Contract and any part of these Conditions is incompatible with such legislation. Such part shall, as regards
the Contract, be overridden to that extent and no further.
In these Conditions:
"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.
"Contract" means the contract
of carriage between the Customer and the Carrier.
"Consignee" means the person or company to whom the Carrier contracts
to deliver the Consignment.
"Consignment" means goods, whether a single item or in bulk or contained in one parcel, package
or container, as the case may be, or any number of separate items, parcels, packages or containers sent at one time in one
load by or for the Customer from one address to one address.
"Dangerous Goods" means goods named individually in the Approved
Carriage List issued from time to time by the Health and Safety Commission, explosives, radioactive material, and any other
goods presenting a similar hazard.
2. Parties and Subcontracting
(1) The Customer warrants that he is either the owner of the Consignment or is authorised
by such owner to accept these Conditions on such owner's behalf.
(2) The Carrier and any other carrier employed by the
Carrier may employ the services of any other carrier for the purpose of fulfilling the Contract in whole or in part and the
name of every other such carrier shall be provided to the Customer upon request.
(3) The Carrier contracts for itself and
as agent of and trustee for its servants and agents and all other carriers referred to in (2) above and such other carriers'
Servants and agents and every reference in these Conditions to "the Carrier" shall be deemed to include every other such carrier,
servant and agent with the
intention that they shall have the benefit of the Contract and collectively and together with
the Carrier be under no greater liability to the Customer or any other party than is the Carrier hereunder.
Condition 2(3) the carriage of 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 Conditions of the rail, shipping, inland waterway or air carrier contracted to carry
the Consignment. The Carrier shall be under no liability
whatever to whomsoever and howsoever arising in respect of such
carriage: Provided that where the Consignment is carried partly by road and partly by such other means of transport any loss,
damage or delay shall be deemed to have occurred while the Consignment was being carried by road unless the contrary is
by the Carrier.
3. Dangerous Goods
Dangerous Goods must be disclosed by the Customer and if the Carrier agrees to accept them for
carriage they must be classified, packed and labelled in accordance with the statutory regulations for the carriage by road
of the substance declared. Transport Emergency Cards (Tremcards) or information in writing in the manner required by the relevant
statutory provisions must be provided by the Customer in respect of each substance and must accompany the Consignment.
4. Loading and Unloading
(1) Unless the Carrier has agreed in writing to the contrary with the Customer:
Carrier shall not be under any obligation to provide any plant, power or labour, other than that carried by the vehicle, required
for loading or unloading the Consignment.
(b) The Customer warrants that any special appliances required for loading or
unloading the Consignment which are not carried by the vehicle will be provided by the Customer or on the Customer's behalf.
The Carrier shall be under no liability whatever to the Customer for any damage whatever, however caused. If the Carrier is
instructed to load or unload any Consignment requiring special appliances which, in breach of the warranty in (b) above, have
not been provided by the Customer or on the Customer's behalf.
(d) The Carrier shall not be required to provide service
beyond the usual place of collection or delivery but if any such service is given by the Carrier it shall be at the sole risk
of the Customer.
(2) The Customer shall indemnify the Carrier against all claims and demands whatever which could not have
been made if such instructions as are referred to in (1c) of this Condition and such service as is referred to in (1d) of
this Condition had not been given.
5. Signed Receipts
The Carrier shall, if so required. sign a document prepared by the sender acknowledging the receipt
of the Consignment but no such document shall be evidence of the condition or of the correctness of the declared nature, quantity,
or weight of the Consignment at the time it is received by the Carrier and the burden of proving the condition of the Consignment
on receipt by the Carrier and that the Consignment was of the nature, quantity or weight declared in the relevant document
shall rest with the Customer.
(1) Transit shall commence when the Carrier takes possession of the Consignment whether at the point of
collection or at the Carrier's premises.
(2) Transit shall (unless otherwise previously determined) end when the Consignment
is tendered at the usual place of delivery at the Consignee's address within the customary cartage hours of the district:
(a) if no safe and adequate access or no adequate unloading facilities there exist then transit shall be deemed to
end at the expiry of one clear day after notice in writing (or by telephone if so previously agreed in writing) of the arrival
of the Consignment at the Carrier's premises has been sent to the Consignee: and
(b) when for any other reason whatever
a Consignment cannot be delivered or when a Consignment is held by the Carrier 'to await order' or 'to be kept till called
for' or upon any like instructions and such instructions are not given or the Consignment is not called for and removed within
a reasonable time, then transit shall be deemed to end.
7. Undelivered or Unclaimed Consignments
Where the Carrier is
unable for any reason to deliver a Consignment to the Consignee or as he may order, or where by virtue of the proviso to Condition
6(2) hereof transit is deemed to be at an end, the Carrier may sell the Consignment, and 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 such Consignment, its carriage
(1) the Carrier shall do what is reasonable to obtain the value of the Consignment; and
the power of sale shall not be exercised where the name and address of the sender or of the Consignee is known unless the
Carrier shall have done what is reasonable in the circumstances to give notice to the sender or, if the name and address of
the sender is not known, to the Consignee that the Consignment 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 Consignment is taken away or instructions
are given for its disposal.
8. Carrier's Charges
(1) The Carrier's charges shall be payable by the Customer without prejudice to the Carrier's
rights against the Consignee or any other person: Provided that when any Consignment is consigned 'carriage forward' the Customer
shall not be required to pay such charges unless the Consignee fails to pay after a reasonable
demand has been made by
the Carrier for payment thereof.
(2) Charges shall be payable when due without reduction or deferment on account of any
claim, counterclaim or set−off. The Carrier shall be entitled to interest at 8 per cent above the Bank of England Base
Rate prevailing at the date of the Carrier's invoice or account, calculated on a daily basis on all amounts overdue
9. Liability for Loss and Damage
(1) 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 mis−delivery of or damage to or in connection with the Consignment however or whenever caused
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.
(2) Subject to these Conditions the Carrier shall be
(a) physical loss, mis−delivery of or damage to living creatures, bullion, money, securities, stamps,
metals or precious stones comprising the Consignment only if:
(i) the Carrier has specifically agreed in writing
to carry any such items; and
(ii) 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
(iii) 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 subcontractors;
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:
(i) Act of God;
(ii) 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;
(iv) 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;
(v) inherent liability to wastage in bulk
or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the Consignment;
or improper packing;
(vii) insufficient or improper labelling or addressing;
(viii) riot, civil commotion, strike, lockout,
general or partial stoppage or restraint of labour from whatever cause;
(ix) Consignee not taking or accepting delivery
within a reasonable time after the Consignment has been tendered.
(3) 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 shall not in any circumstances be liable in respect of a Consignment where there has been fraud
on the part of the Customer or the owner, or the servants or agents of either, in respect of that Consignment, unless the
fraud has been contributed to by the complicity of the Carrier or of any servant of the Carrier acting in the course of his
11. Limitation of Liability
(1) Except as otherwise provided in these Conditions, the liability of the Carrier in
respect of claims for physical loss, mis−delivery of or damage to goods comprising the Consignment, howsoever arising,
shall in all circumstances be limited to the lesser of
(a) the value of the goods actually lost, mis−delivered or
(b) the cost of repairing any damage or of reconditioning the goods;
(c) a sum calculated at the
rate of £13 Sterling per kg on the gross weight of the goods actually lost, mis−delivered or damaged; and the value
of the goods actually lost, mis−delivered or damaged shall be taken to be their invoice value if they have been sold
and shall otherwise be taken to be the replacement cost thereof 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 those goods: Provided that:
in the case of loss, mis−delivery of or damage to a part of the Consignment the weight to be taken into consideration
in determining the amount to which the Carrier'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
in this Condition shall limit the liability of the Carrier to less than the sum of £10;
(iii) the Carrier shall be entitled
to proof of the weight and value of the whole of the Consignment and of any part thereof lost, mis−delivered or damaged;
the Customer shall be entitled to give to the Carrier written notice to be delivered at least 7 days prior to commencement
of transit requiring that the £13 per kg limit in 11 (1)(c) above be increased, but not so as to exceed the value of the Consignment,
and in the event of such notice being given the Customer shall
be required to agree with the Carrier an increase in the
carriage charges in consideration of the increased limit, but if no such agreement can be reached the aforementioned £13 per
kg limit shall continue to apply.
(2) The liability of the Carrier in respect of claims for any other loss whatsoever (including
indirect or consequential loss or damage and loss of market), and howsoever arising in connection with the Consignment, shall
not exceed the amount of the carriage charges in respect of the Consignment or the amount of the claimant's proved loss, whichever
is the lesser, unless;
(a) at the time of entering into the Contract with the Carrier the Customer declares to the Carrier
a special interest in delivery in the event of physical loss mis−delivery or damage or of an agreed time limit being
exceeded and agrees to pay a surcharge calculated on the amount of that interest, and
(b) at least 7 days prior to the
commencement of transit the Customer has delivered to the Carrier written confirmation of the special interest, agreed time
limit and amount of the interest.
12. Indemnity to the Carrier
The Customer shall indemnify the Carrier against:
(1) all liabilities and costs incurred
by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties. damages, expenses and loss of
or damage to the carrying vehicle and to other goods carried) by reason of any error, omission, mis−statement or misrepresentation
by the Customer or other owner of the Consignment or by any servant or agent of either of them, insufficient or improper packing,
labelling or addressing of the Consignment or fraud as in Condition 10;
(2) 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 carriage of Dangerous Goods and claims made upon the Carrier by HM Customs and Excise
in respect of
dutiable goods consigned in bond) in excess of the liability of the Carrier under these Conditions in respect
of any loss or damage whatsoever to. or in connection with, the Consignment 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
13. Time Limits for Claims
(1) The Carrier shall not be liable for:
(a) damage to the whole or any part of the
Consignment, or physical loss, mis−delivery or non−delivery of part of the Consignment unless advised thereof
in writing within seven days, and the claim is made in writing within fourteen days, after the termination of transit;
any other loss unless advised thereof in writing within twenty− eight days, and the claim is made in writing within
forty two days, after the commencement of transit.
Provided that if the Customer proves that:
(i) it was not reasonably
possible for the Customer to advise the Carrier or make a claim in writing within the time limit applicable, and
advice or claim was given or made within a reasonable time, the Carrier shall not have the benefit of the exclusion of liability
afforded by this Condition.
(2) The Carrier shall in any event be discharged from all liability whatsoever and howsoever
arising in respect of the Consignment unless suit is brought within one year of the date when transit commenced.
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.
(1) The Carrier shall have a general lien against the Customer, where the Customer is the owner of the Consignment,
for any monies whatever due from the Customer to the Carrier. If such a lien is not satisfied within a reasonable time, the
Carrier may, at its absolute discretion sell the Consignment, 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 Consignment and shall, upon accounting
to the Customer for any balance remaining, be discharged from all liability whatever in respect of the Consignment.
Where the Customer is not the owner of the Consignment, the Carrier shall have a particular lien against the said owner, allowing
the Carrier to retain possession, but not to dispose of, the Consignment against monies due from the Customer in respect of
15. Unreasonable Detention
The Customer shall be liable to pay demurrage for unreasonable detention of any vehicle,
trailer, container or other equipment but the rights of the Carrier against any other person in respect thereof shall remain
16. Law and jurisdiction
The Contract shall be governed by English law and United Kingdom courts alone shall have
jurisdiction in any dispute between the Carrier and the Customer.