Terms of Business
1 Sole Conditions And Definitions
a – All business is undertaken by Green Courier Limited (“The Company”) subject solely to these conditions which may be varied only by a Director of the Company in writing.
b – The term ‘the Goods’ or ‘Goods’ includes all and any descriptions, given by the Company, such as but not only, pack, delivery, van load and consignment.
2 Warranty Of Agency
The Customer warrants that it is either the owner of the Goods which are the subject of the contract as well as of any packing and equipment associated therewith (all of which are herein referred to as “The Goods”) or is authorised by such owner to accept these conditions on the owners behalf.
3 Sub-Contractors And Employees
The Company may sub-contract all or part of the business. The Company contracts for itself and as agent to the trustee for its employees and sub-contractors and their employees and every reference hereinafter to The Company shall be deemed to include every such employee and sub-contractor with the intention that they have the benefit of these conditions.
4 Loading And Unloading
a – It is the responsibility of the Customer to satisfy himself that the goods he wishes to have carried shall be suitable for conveyance in the vehicle ordered by the Customer and provided by The Company and the Customer accepts the vehicle offered by The Company for the carriage of such Goods. The Company will accept no liability for any loss or damage arising from the unsuitability of such vehicle.
b – When collection or delivery takes place The Company shall not be under any obligation to provide any plant, power or labour in addition to The Company’s driver, required for loading or unloading at any premises.
c – The Company shall not be required to provide service beyond the usual place of collection or delivery, which is designated as the ground floor reception or loading bay. In the event that Goods have to be collected or delivered to other points in a building or on a site and such service is given by the Company, any loading or unloading may be charged at the discretion of the Company at its prevailing rate. Additionally it shall be at the risk of the Customer who shall indemnify the Company against all claims and demands whatever, which could not have been made if such service had not been given.
d – Goods requiring special appliances for loading and unloading from the vehicle by which they are carried are accepted for carriage only on condition that such appliances are made available by the Customer at pickup and delivery.
5 Dangerous Goods
If the Company agrees to accept dangerous Goods for carriage such Goods must be accompanied with a full declaration of their nature and contents and be properly and safely packed and labelled in accordance with the Statutory Regulations for the time being in force for carriage by road.
6 Liability For Loss And Damage
The Company shall not be liable (unless specifically agreed in writing) for
a – Loss or miss delivery of, or damage to spirits, glass, antiques, jewellery, furs, precious metals, cash, bullion, tobacco, works of art, negotiable instruments, stamps or precious stones. A quotation for insurance cover will be provided The Company upon request.
b – Loss or mis-delivery of, or damage to other goods if the same has arisen from,
i. Acts of God.
ii. Any consequences of War, insurrection or kindred risk.
iii. Seizure or forfeiture under legal process.
iv. Error, act, omission, misrepresentation by the Customer or other Owner of the goods or by the employees or agents of either of them.
v. Inherent liability of wastage in bulk or weight, latent defect or inherent defect vice or natural deterioration of the goods.
vi. Insufficient or improper packing, labelling or addressing.
vii. Riot, civil commotion, strike, lockout, general or partial stoppage or restraint from labour from whatever cause.
viii. Consignee not taking or accepting delivery in a reasonable time after the consignment has been tendered
ix. Circumstances beyond the control of the company.
7 Limitation Of Liability
The company’s liability in respect of loss or miss-delivery or damage to goods shall be limited to SAME DAY DELIVERIES, £1000.00 per consignment irrespective of the weight of the consignment or its volumetric equivalency.
a – The Company shall not be liable for any direct or indirect consequential loss or damage whether or not as resulting from act, neglect or default of the company.
b – The Company shall be entitled to require proof of the value of the whole consignment and any part thereof lost, miss-delivered or damaged.
c – The Company shall not be liable when there has been fraud on the part of the Customer or the Owner of the goods or the employees or agent of either.
8 Time Limit FOR Claims
The company will not be liable for any loss or damage to the goods unless the claim is made in writing and received by The Company within 14 days after the commencement of transit.
9 The Customer Shall Indemnify The Company Against
a – Claims costs and expenses incurred in consequence of non-disclosure by the Customer to The Company of the dangerous or hazardous nature of the Goods at the time of receipt by The Company.
b – All consequences suffered by The Company of any error, omission or misrepresentation by the owner of the Goods, or by any employee or agent or either of them, insufficient or improper packing, labelling or addressing or fraud as in condition 7c.
c- Claims and demands by whoever made in excess of the liability of The Company under these conditions.
10 Company’s Charges
a – With “Carriage Forward” or “Receiver To Pay” consignments the Customer shall be required to pay The Company’s charges if the consignee fails to pay after reasonable demand has been made by The Company for payment.
b – Claims shall not be deducted from The Company’s account. Payment of these will be made by The Company after the claim has been agreed by The Company and its insurers.
c – The Company does not operate a COD (cash or cheque or bankers draft) service. Cheques or Bankers Drafts may be collected or delivered but cannot form part of a contract for the delivery of goods and cannot be claimed as a condition upon it. All cheques or bankers draft collections will be treated as totally separate contracts.
d – The Company reserves the right to charge extra for collections outside The Company’s normal pick-up area. The area shall be as designated in the sales material supplied by The Company.
e – The Company reserves the right to make extra charges for services outside of normal hours. Normal hours are deemed to be 0800 – 1800 Monday – Friday, excepting Bank Holidays.
f – The company reserves the right to review its charges.
11 SAME DAY DELIVERIES
‘Same Day Delivery’ means where the Customer requests and The Company agree to collect and deliver a consignment on the same day. If the Customer requests delivery on the next or subsequent days the same day charges still apply. The Company reserves the right to charge storage at its prevailing rate.
12 MONEY BACK GUARANTEE
a – Where The Company fails to effect delivery of the Goods within its published transit time, a credit equivalent to the cost of carriage will be allowed to the Customer.
b – The Company shall be relieved of its obligation where failure to deliver within the specified time period is due to circumstances beyond The Company’s control e.g. adverse weather conditions, non-sailing of vessels, absence of consignee, insufficient packing or addressing, accident, traffic, booking in and deliveries to container bases, wharves docks and private residence,
c – The Company shall be relieved of its obligation where the Customer has failed to insert the correct Postal Address (including the full Postal Code) on the consignment note and/or Goods.
13 CARRIAGE OF PASSENGERS
Except in the case of carriage by a licensed Private Hire Vehicle, a Customer, employee or agent is unable to travel in any of The Company’s or sub-contractor’s vehicles.
14 TERMS OF TRADING
Payment is due from the Customer within 30 days of the date of invoice. Where payment is not received by that date The Company reserves the right to impose a surcharge on all outstanding balances at the rate of 3% per month and debit any discount given. Please note there is a £10 minimum charge per invoice raised.
15 NON-DELIVERY OF GOODS
In the event of The Company being unable to deliver due to premises of Consignee being closed or not accessible for any reason, The Company will endeavour to contact the Customer for further instructions. If for whatever reason The Company is unable to do so the Goods will be returned to The Company’s premises for safekeeping, this journey is to be at the Customers expense. In all cases where additional journeys are required, they are to be at the Customer’s expense.
16 GENERAL LIEN
The Company shall have a general lien against the owner of the Goods for any monies whatever due from the Customer or such their owner to The Company. If any such lien is not satisfied within a reasonable time The Company shall give 14 days’ notice in writing to the Customer of its intention to exercise a power of sale over the Goods. At the end of the period if monies are still due to The Company it may at its absolute discretion sell the Goods or part thereof, as agent for the owner and apply the proceeds towards the monies due and expenses of the retention, insurance and sale of the Goods and shall upon accounting to the Customer for the balance remaining to be discharged from all liability whatever in respect of the Goods.
17 VALUE ADDED TAX
All charges quoted by or advertised by The Company Exclude Value Added Tax.