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Terms and conditions
Terms and conditions for
account customers
1. Terms of Agreement
When you give us your bookings
you agree to all the terms
in this non-negotiable document,
and in our current tariffs,
service guides and in any
specific service's terms and
conditions, all of which are
available on request. If at
any time there is a conflict
between these terms and conditions
and our current tariff, the
latter shall take precedence.
The terms and conditions of
our tariffs, service guides,
and specific services are
made part of this agreement,
and no one is authorised to
alter or modify those terms.
2. Carrier is not a common
carrier
The Company is not a common
carrier and will only accept
goods for carriage under the
terms and conditions in this
document.
3. Terms of credit
All accounts are issued and
maintained in strict accordance
with the company's terms of
credit, which are as follows:
a) Accounts are due when
rendered and payment is
required within 30 days
of the invoice.
b) An understanding that
the minimum annual payments
to the company in respect
of carriage charges for
all services will amount
to a minimum of £3000.00
per annum exclusive of V.A.T.,
and should that sum not
be achieved the account
facilities may at the company's
discretion be immediately
reviewed.
c) The account facilities
are granted for an initial
period of three months,
and will continue thereafter
subject to the terms and
conditions being met in
full, a satisfactory payment
pattern and any response
from referees as required.
d) Account customer invoices
carry V.A.T. at the standard
rate.
e) All invoices issued by
the company are deemed correct
unless queried within 21
days of the date of the
invoice.
f) The customer shall not
be entitled to defer or
withhold the payment of
any monies due or liabilities
incurred to the company,
by reason of having any
claim or counterclaim, or
any alleged claim or counterclaim,
and the customer shall not
under any circumstances
be entitled to any rights
of set-off in relation thereto.
4.
Liability of the company
The company shall be liable
for any loss or damage, occasioned
during carriage unless and
to the extent that the same
has been caused by, is due
to, or has arisen from:-
a) An act of God, force
majeure or any other occurrence
or cause beyond the control
of the company, including
but not limited to war,
civil commotion, invasion,
hostilities, riots and other
like occurrences.
b) Seizure, damage, confiscation,
requisition or destruction
under legal process by or
under the order of any government,
local authority, or any
other public body.
c) Any act of omission of
the customer or the owners
of any goods comprised in
a shipment (or part thereof),
including their respective
servants or agents and anything
done by the carrier at the
express request or discretion
from them.
d) Inherent liability to
wastage, either in bulk,
weight or quality, any latent
or inherent defects or natural
deterioration of the goods.
e) Insufficient or improper
packaging, labelling or
addressing.
f) Industrial disputes,
lockouts and general or
partial stoppages or restraints
of labour of whatever nature.
g) Electrical, magnetic,
injury, erasure, x-ray or
other similar damage to
electronic or photographic
images or recording in any
forms.
Under
no circumstances shall the
company be liable in any
event for consequential
loss, special damages or
other indirect loss, howsoever
arising, whether or not
the company knew or ought
to have known that such
losses or damages might
be incurred, including without
limitation loss of income,
profits, interest or loss
of interest.
5. Time limit for claims
The company shall not be
liable for any loss, damage
or other liability whatsoever
nature unless:
a)
The customer notifies
the company in writing
of an impending claim
within ten days after
commencement of transit
and
b) The company receives
a detailed written claim,
including any relevant
documentation requested
by the company within
twenty-eight days of the
commencement of transit.
6.
Governing law
These conditions and each
and every contract made
pursuant thereto shall be
governed by and construed
in accordance with English
law and the customer hereby
submits to the non-exclusive
jurisdiction of the English
Courts.
7. Terms and conditions
specific to passenger services
The company in accordance
with all the conditions
undertakes all passenger
bookings in this agreement
and with the following additions:
a)
In the case of any damage
sustained to the company's
property or vehicle's
by you however caused,
the customer will be liable
for all costs pertaining
to the matter, including
but not limited to, damage
repair, vehicle cleaning,
reasonable compensation
of the company's loss
of earnings, and any other
liabilities incurred by
us in relation to the
incident, all charges
will be billed to the
account.
b) The company shall not
be liable for any property
left by any customer in
a vehicle provided by
the company. Any such
discovered items will
be held at the company
office.
c) Any property handed
in to the company offices
will be held for a period
of 1 week, and the company
shall make every reasonable
effort to find the owner
during this time. After
1 week the goods will
be taken to the lost property
section of the local Police
station.
d) Any property being
returned to you by a company
vehicle will be chargeable;
no charge will be made
for any item collected
from the company.
7.
Terms and conditions specific
to all goods services
All goods bookings are undertaken
by the company in accordance
with all the other conditions
in this agreement and with
the following additions:
a)
Hazardous, illegal or
dangerous goods, as classified
by either English or International
law, will not be carried,
and the customer not the
company shall be liable
for any consequences or
actions of any kind, resulting
from the carriage or attempted
carriage of any such items.
b) The company shall not
be liable for any loss,
damage or other liability
of any kind whatsoever
resulting from goods deliveries
arriving late for whatever
reason, including but
not limited to all the
conditions in Section
4 and in addition, mechanical
breakdown, excessive traffic
congestion, adverse weather
conditions, customers
delays and any other delays
out of the company's control.
c) Unless otherwise agreed
in writing the method
and route of transit shall
be at the absolute and
sole discretions of the
company.
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