• SAMEDAY UK EXPRESS DELIVERY
• EUROPEAN EXPRESS SERVICE
• FILM & PRODUCTION ROAD SERVICES
• EXHIBITION & CONFERENCE LOGISTICS
• AOG SERVICES
Terms & Conditions
Please read all these Terms with care in particular Clause 3 and 8 which contain
provisions defining, regulating and limiting the Company's liability in respect of
any potential default and provide for an indemnity by the Customer in certain circumstances.
1. Definitions
(a) "The Company" means ExpresswayUK Limited whose Registered Office is at 157 Queens
Road, Weybridge, Surrey, KT13 0AD :
(b) "The Customer" means the person requesting
the Company to transport the Consignment:
(c) "Consignment" means any article or articles
of any sort which may be, or be intended to be, received by the Company from any
one consignor at any one address for carriage and delivery at any one time to any
one consignee at any one other address:
(d) "The relevant collection point" means
the address at which any Consignment is to be received by the Company.
(e) "The relevant
delivery point" means the address to which any Consignment is to be delivered by
the Company.
(f) "The excepted risks" means:
War, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power or loot, sack or pillage in connection therewith, and/or
Ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion or nuclear fuel, and/or
Radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof, and/or
Pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds, and/or
The absence, failure or inadequacy of packing or packaging.
(g) "The Service Order" means the Service Order and Schedule form;
(h) "This Agreement"
means the Service Order together with these terms.
2. Company's obligation
In consideration of the payments to be made to the Company by the Customer, the Company
shall (subject as hereinafter mentioned) during the continuance of this Agreement
carry out the services described in the Schedule.
3. Liability of the Company
Note: Where the Customer deals with the Company as a consumer the provisions set out hereunder do not and will not affect his rights under the Unfair Contract Terms Act 1977
WHEREAS
(a) The value of the property intended to be carried and/or delivered and
also the amount of any consequential loss which might arise from damage or loss to
or of the said property are matters which are better known to and/or more readily
ascertainable by the Customer than the Company; indeed to some extent they cannot
be known to the Company but are under the control of the Customer;
(b) The potential
extent of the damage (as defined in (f) below) that might be caused or be alleged
to be caused to the Customer is disproportionate to the sum that can reasonably be
charged by the Company;
(c) The Company is not able to obtain insurance giving unlimited
cover for its full potential liability to its customers and in any case even insurance
giving loss arising therefrom which insurance the Customer should be able to, and
should, obtain:
(d) The Company is concerned to keep down the costs of the services
it provides to its customers;
(e) In the circumstances the Company intends to limit
its liability for any damage caused to the Customer (as defined in (f) below) to
amounts which are not out of proportion to its charges, namely the amounts defined
in (11) below;
(f) In these Terms "damage caused to the Customers" means any damage
suffered by the Customer (including for the avoidance of doubt any loss of or damage
to any Consignment and loss of any other kind whether direct or consequential), howsoever
arising, caused by any negligence, breach of duty or other wrongful act or omission
(which phrase, wherever it appears in these Terms, includes any deliberately wrongful
act or omission and any breach, howsoever fundamental, of any express or implied
term of the contract between the Company and the Customer incorporating these Terms)
on the part of the Company, its servants or agents;
(g) It is difficult to investigate
claims received weeks after the loss or damage is alleged to have occurred.
THE COMPANY AND THE CUSTOMER AGREE TO THE FOLLOWING LIMITATION OF LIABILITY
(I) Provision
as to liability of the Company, its servants or agents;
So far as concerns damage
caused to the Customer the Company shall be liable to the Customer (and then only
to the limited extent set out below) only if and in so far as such damage or other
wrongful act or omission of the Company itself or its directors of servants acting
within the course of their employment.
(II) Provision as to limitation of the amount of liability of the Company
If, whether
pursuant to the provisions set out herein or otherwise, any liability to the Customer
shall arise on the part of the Company, its servants or agents (whether under the
express or implied terms of the contract incorporating these terms, howsoever fundamental,
or in negligence or in any other way, however fundamental may be the breach of any
duty) for any damage caused to the Customer, such liability shall in all cases whatsoever
be limited to the payment by the Company on its own behalf and on behalf of its servants
and agents by way of damages:
(a) In the event of the Company being liable for any
loss of or damage to a Consignment the liability of the Company shall not exceed
a sum calculated at the rate of two Special Drawing Rights (as defined by the International
Monetary Fund) per kilo of the gross weight of the Congsignment lost or damaged or
the actual value of the Consignment lost or damaged whichever shall be the least.
(b) The Company shall be entitled to require proof of the weight and value of the
Consignment or any part thereof in respect of which the Company is alleged to be
liable.
(c) The Company shall not be liable for any claim less than the sum of £10.00.
(d)
The Company shall not be liable for any loss or damage to glass products or products
of a brittle or fragile nature unless the Carrier has specifically agreed with the
Trader in writing before the transit commences to accept such liability.
(e) The Company
shall not be liable for any indirect or consequential loss or damage however arising
and including loss of market in any amount exceeding the carriage charges in respect
of the Consignment or the amount of the Trader's own proven loss whichever is the
smaller.
(f) The Company will accept liability in excess of that provided for in this
Condition 3(II) subject to prior written agreement with the Customer which will provide
for payment by the Trader of the increased charges of the Company applicable.
(III) Provision as to notification of claims
The Company its servants or agents shall
not be liable to the Customer in any circumstances or to any extent whatever in respect
of damage caused to the Customer unless written notice is received by the Company
at its Registered Office within 14 days, in the case of damage to the whole or part
of a Consignment or loss of part of a Consignment and in all other cases, 28 days
of the date upon which the Consignment was collected or received by the Company.
(IV) Special provision as to the excepted risks and as to strikes etc
(a) The Company
and its servants or agents shall not in any circumstances whatever be liable for
any damage caused to the Customer arising directly or indirectly from or in consequence
or any of the excepted risks, or for any expenses whatsoever resulting or arising
therefrom.
(b) If the Company shall at any time be prevented from or delayed in starting,
carrying out or completing any service by reason of strikes, lockouts, labour disputes,
weather conditions, traffic congestion, mechanical breakdown or obstruction of any
public or private road or highway or any cause whatever beyond the Company's control,
the Customer shall have no claim for damages or otherwise against the Company its
servants or agents for any consequential loss as a result thereof PROVIDED that in
the case of mechanical breakdown of one of the Company's vehicles the Company shall
use its best endeavours to provide a replacement vehicle with the minimum practicable
delay.
(V) Special provision as to labelling
The Company its servants or agents shall not
in any circumstances whatever be liable for any late delivery or mis-delivery or
non-delivery caused or contributed to by any deficient or ambiguous labelling of
the Consignment.
4. Insurance
These Conditions constitute the liability accepted by the Carrier and insurance for
the full value of the Consignment should be taken out by the Customer.
5. Loading and Unloading
(a) When collection or delivery takes place at the Customer's premises the Company
shall not be under any obligation to provide any plant power or labour which, apart
from the Company's servant, may be required for loading or unloading at such premises.
(b)
Any Consignment (or part thereof) requiring special appliances for loading onto and/or
unloading from the vehicle is accepted for carriage only on condition that such appliances
are available at the relevant collection and/or delivery points. Where such special
appliances are not available as aforesaid and if the company agrees to load or unload
such Consignment (or part thereof) the Company shall be under no liability whatsoever
to the Customer for any damage, however caused, in the course or as a result of loading
or unloading such Consignment without such special appliances, whether or not by
the negligence of the Company or its servants or agents, and the Customer shall save
harmless and keep the Company indemnified against any claim or demand arising out
of such loading or unloading.
6. Collections and Deliveries
(a) Collections and deliveries which take more than thirty minutes may be subject
to a surcharge.
(b) The Company will make on attempt to deliver a Consignment during
normal working hours. Subject to (c) below, if the Company cannot obtain a receipt
at the relevant delivery point it may attempt to deliver and obtain an appropriate
receipt at an address close to the relevant delivery point and, if successful, the
Company will leave at the relevant delivery point details of the address at which
delivery has been effected. If the Consignment has not been delivered, the Company
will return it to the Company's premises, after leaving at the relevant delivery
point a request for the consignee to contact the Company to make alternative delivery
arrangements. If no such contact is made within a reasonable time the Company will
return the Consignment to the consignor at the Customer's cost.
(c) If, on attempting
to deliver a Consignment to a school or similar institution, the Company finds that
such school or institution is closed for holidays or other reason, the Company may
apply a storage charge for retaining the Consignment at its premises and shall be
allowed a reasonable time to deliver the Consignment once the school or institution
re-opens.
7. International Charge
(a) In the case of services where the Company is required to collect goods from or
deliver goods to a country outside the United Kingdom the Company's liability (subject
to (b) below) is governed by the relevant provisions of the Convention on the Contract
for the International Carriage of Goods by Road as set out in the Schedule to the
Carriage of Goods by Road Act 1965 (as such Schedule may be amended from time to
time) ("the CMR Regulations") and in particular Articles 17 and onwards, which provisions
will be incorporated herein and will apply in place of any inconsistent terms above
written. A copy of such provisions will be supplied if required.
(b) In relation to
that part of any carriage performed by air and if the transit by air involves an
ultimate destination or stop in a country other than the country of departure, the
Warsaw Convention as amended may be applicable and the Convention governs, and in
most cases limits, the liability of the Company in respect of loss of or damage to
consignments.
(c) The Customer authorises the Company and its agents to sign all transit
and customs documentation on behalf of the Customer.
8. Sub-Contractors
No objection will be taken to the use by the Company at its own expense of any other
carrier and in such circumstances both the Company and such other carrier shall be
entitled to the protection of all the terms hereof which exclude or limit the liability
of the Company.
9. Provision for Indemnity by the Customer
The Customer shall for all purposes be treated by the Company and its servants or
agents as sole beneficial owner of any and every Consignment and it is agreed that
if any other person shall in respect of any Consignment, or part thereof, make any
claim against the Company its servants or agents arising out of the contract incorporating
these Terms whether arising out of any negligence, breach of duty or other wrongful
act or omission by the Company its servants or agents or otherwise, in respect of
any loss or damage (including loss of any kind whether direct or consequential) outside
or beyond the liability of the Company to the Customer, as limited therein, then
the Customer shall indemnify the Company its servants or agents against such claim
(and all costs incurred therein) in respect whereof the Company is by these Terms
declared to be under no liability to the Customer, or in so far as any such claim
shall cause the total liability of the Company to the Customer and all such claimants
to exceed the limited sums set in the Clause 3 above.
10. Provision extending protection to servants or agents of the Company
The Customer agrees with the Company contracting as agent and/or trustee on behalf
of its servants and agents, that in consideration of the said servants and agents
carrying out for the benefit of the Customer the obligations under their contracts
of employment with or otherwise to the Company, such servants and agents shall be
entitled to the protection of all the terms and conditions hereof in any claim by
the Customer against such servants or agents (except in so far as relates to deliberately
wrongful acts or omissions for which, as between the Customer and the servants or
agents, the servants or agents shall be fully liable at law).
11. Payment
(a) ALL SERVICES: Payment in full will be made within 30 days of date of invoice
in the case of account customers and no later than the time of collection in the
case of other customers.
(b) All charges stated are exclusive of Value Added Tax and
are subject to variation on giving not less than 30 days prior written notice to
the Customer.
(c) If fulfilment of a contract involves performing services on a Bank
or Public Holiday the Company will be entitled to make reasonable extra charges to
reflect any additional costs incurred by the Company.
(d) All queries must be notified
within 15 days from date of invoice.
12. Items not carried
The Company shall not be required or caused to carry or convey anything if such carriage
or conveyance would be unlawful. The Company will not, without its specific agreement,
carry livestock, liquids, perishable goods, glass, gases, pyrotechnics, arms and
ammunition or corrosive, toxic, flammable, explosive, oxidising, or radioactive materials.
The Company reserves the right to refuse any parcels which are neither the property
of, nor sent on behalf of, the Customer.
13. Customer undertakings
The Customer undertakes that:
(a) The Consignment will be accepted at the relevant
delivery point and an appropriate receipt therefor will be given to the Company's
representative escorting such Consignment. Such receipt shall be conclusive evidence
of delivery save where such receipt is obtained as a result of any fraud, collusion
or dishonesty on the part of the Company's representative.
(b) In the event of a strike
of employees of the Customer or of employees at the relevant collection or delivery
points the Company's servants or agents will not be asked to perform any additional
duties or any duties of a strike-breaking nature.
14. Miscellaneous provisions
(a) Unless specifically agreed to the contrary, "working days" do not include Saturdays,
Sundays, or Public Holidays.
(b) No reduction of charges will be made if the Company
receives less than the number of parcels for which the Customer has contracted.
(c)
Consignments travelling more than 250 miles may be subject to delay.
15. Nature of Agreement
These Terms and the CMR Regulations and Warsaw Convention (if applicable) together
with the operational details of the services and the charges therefor:
(a) Shall constitute
the entire contract between the Company and the Customer and shall not incorporate
or be deemed to incorporate the provisions of any other document.
(b) Shall supersede
the provisions of any previous contract warranty or representation made or given
relating to the same services as are described in the contract incorporating these
Terms.
16. Variation, etc
No variation, extension or cancellation of these Terms shall be binding upon the
Company unless and until it is confirmed in writing under the hand of a Director
of the Company and, for the avoidance of doubt, it is declared that no person other
than such Director has authority to negotiate or enter into any commitment on behalf
of the Company the effect of which would or might (but for this present clause) involve
the Company in any legal liability whatsoever.
17. Termination
This agreement may be determined by either party giving to the other one month's
previous notice in writing to that effect or forthwith if the other party shall commit
any breach of its obligations thereunder or (being an individual) shall commit an
act of bankruptcy or (being a Corporation) shall go into liquidation other than for
the purposes of reconstruction of amalgamation, or shall suffer the appointment of
an administrator or a receiver of any of his or its property or income or make any
deed or arrangement with or composition for the benefit of any of his or its creditors.
18. Applicable Law
These terms shall be construed in accordance with laws of England and the Courts
of England shall have exclusive jurisdiction in relation to any matters arising out
of a contract incorporating these Terms.
Expressway UK Limited, Head Office: Unit D, Northumberland Close, Stanwell, London
Heathrow, TW19 7LN, United Kingdom
Manchester Airport Office: Millbrook Business Centre,
Floats Road, Roundthorne Ind Estate, Manchester , M23 9YJ, United Kingdom
Registered
Office: 157 Queens Road, Weybridge, Surrey, KT13 0AD Reg No. 5085283 (England)
All
business transacted subject to the Expressway UK Limited Terms and Conditions Web
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