"Carrier" means Sameday UK Couriers Ltd.
"Customer" means the person who contracts for the services of the Carrier.
"Conditions" means these conditions of carriage, which shall apply to the contract of Carriage between the Customer and the Carrier.
"Consignee" means the person to whom the Carrier delivers the consignment.
"Consignment" means Goods or property, whether or not contained in separate parcels, packages, containers or envelopes to be delivered
by the Carrier for the Customer from one address to another, including any papers and documents.
"Dangerous Goods" Goods named individually in the Approved Carriage List issued from time to time by the Health and safety commission,
explosives, radioactive material, any dangerous weapon, drug, poison, damaging article or substance or any article or substance likely to
encourage vermin or other pests or likely to cause infection, and any Goods which, including although not included in the definition, in the
sole opinion of the Carrier, present a similar hazard.
"Storage" means the Storage and handling of Goods including unloading and loading of Goods and movement of Goods between stores
and such other ancillary services as the Carrier may agree to in writing, and the words "Store" and "Stored" shall be construed accordingly.
2.1 The Carrier is not a common Carrier and accepts at its sole discretion Consignments for carriage subject only to these conditions. These
conditions shall apply to the exclusion of any other terms and conditions (including those of the Customer). Unless agreed in writing by a
Director of the Carrier, no employee, agent or sub-contractor of the Carrier is authorised to alter or vary these Conditions.
2.2 The customer acknowledges and agrees that the Conditions excluding or restricting any liability of the Carrier are reasonable having regard
to the existence of alternatives and other carriers available to it.
2.3 The Customer Warrants that it is either the owner of the Consignment and accepts these Conditions or is authorised by such owner to
accept these Conditions on such owner's behalf.
3 Dangerous Goods
The Customer must disclose all Dangerous Goods in advance and unless otherwise agreed, the Carrier will not accept or carry Dangerous
Goods. Where the Carrier accepts Dangerous Goods for carriage they must be classified, packed and labelled in accordance with any
applicable statutory regulation for the carriage of such substance and with any specific instructions of the Carrier. The Customer shall
further provide such information, document or declaration as may be necessary to enable the carriage of such substance.
4.1 The Customer shall ensure that the Consignment is secure, properly packed and labelled in accordance with statutory requirements and is
fit and safe to be carried, stored and transported by road, air, rail or sea as may be appropriate.
4.2 The Carrier will use all reasonable efforts to deliver within the time specified for delivery but unless otherwise agreed these are estimates
only and time is not of the essence.
4.3 Unless the Carrier has otherwise agreed in writing with the Customer;
4.3.1 The Carrier shall not be required to provide any labour or special equipment for loading or unloading the Consignment, other than
that carried by the vehicle used by the Carrier; and
4.3.2 The Customer warrants that it will provide or procure any special equipment required for loading or unloading the Consignment
and shall indemnify and hold harmless the Carrier for any damage, however caused, if the Carrier is instructed to load or unload
any Consignment requiring special equipment where such equipment has not been provided or procured by the Customer.
5 Consignment Notes
5.1 If required, the Carrier shall sign a document prepared by the Customer acknowledging receipt of the Consignment but such document
shall not be evidence of the condition, declared nature, quality or weight of the Consignment at the time it is received by the Carrier.
5.2 The Carrier may require acknowledgement at the point of delivery of the Consignment and any such receipt given shall be conclusive
evidence of proper delivery.
6.1 Transit commences when the Carrier takes possession of the Consignment, whether at the point of collection or at the Carrier's premises.
6.2 Transit shall (unless otherwise agreed) end when the Consignment is tendered at the usual place of delivery at the Consignee's address.
Sameday UK Couriers Ltd • 1.St Martins Meadow • Brasted • Kent • TN16 1NL
6.3 Where a Consignment cannot be delivered (for whatever reason), or is held by the Carrier to await order, or further instructions are not
given, or the Consignment is not collected within 48 hours of notice being given to the Customer, or such other time as the Carrier may
nominate, then transit shall be deemed to end at the expiry of such time.
6.4 The Carrier shall be entitled to recover any expenses incurred in attempting to effect delivery.
7 Governing Law and Jurisdiction
These Conditions and all contracts with Customers shall be governed by and construed in accordance with the Laws in England and any
proceedings shall be subject to the exclusive jurisdiction of the English Courts.
8 Undelivered or Unclaimed Goods
8.1 Where the Carrier is unable to effect delivery as requested by the Customer, or where transit has come to an end, the Carrier shall use its
reasonable endeavours to notify the Customer and the Consignee of any undelivered or unclaimed goods. Unless the goods are collected
or instructions are given for its disposal within 24 hours (or such other time as the Carrier may nominate) of notice being given, the Carrier
may destroy or sell the goods as if it were the absolute owner.
8.2 The Carrier shall use its reasonable endeavours to obtain a reasonable price for the goods and shall apply the proceeds of sale to the
payment of all its proper expenses and charges incurred in relation to the carriage, storage and sale or disposal of the goods. Any proceeds
left over shall be paid to the Customer upon which the Customer shall be discharged from all liability in respect of the goods.
In the event of cancellation of any contract of carriage, by the customer within 30 minutes prior to the start of transit from inner London
postcodes (EC-1-4, WC1-2, W1, SW1, SE1) and within 60 minutes prior to the start of transit from any other destination, the Customer shall
be liable to the Carrier for any losses incurred by the Carrier, as a result of the cancellation not exceeding the full cost of hiring.
10 Carrier's Charges
10.1 Payment terms are 14 days from date of invoice. Any variation to these terms are to be agreed in writing.
10.2 The Carrier's charges shall be based on its tariffs in effect at the time of performance. The Carrier will prepare invoices at least once a
month. Credit facilities granted to a Customer may be withdrawn at the Carriers discretion. At any time and the balance outstanding shall
become due immediately on demand.
10.3 Any delay that is caused by the consignment not being ready at the allotted pick up time or by the working practices of the delivery point
that causes a delay of more than 15 minutes will be chargeable over and above any previously agreed rate.
10.4 Charges are payable in full without any right of deduction or set off on the due date notified to the Customer or failing such notification
within seven days after the date of the relevant invoice. The Carrier shall be entitled to charge interest at 8% calculated on a daily basis on
all overdue amounts. Any queries in respect of an invoice must be made in writing within seven days of the date of the invoice otherwise it
will be deemed to have been accepted and will be payable in full.
10.5 All quotations given based on weight charge shall apply to the gross weight of the Consignment.
10.6 In relevant circumstances, volumetric conversion will apply.
10.7 Where agreed, a fuel surcharge will be levied as to the Customer on an agreed scale.
11 Liability for Loss and Damage
11.1 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 misdelivery of or damage to or in connection with the
Consignment howsoever or whensoever caused and 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.
11.2 Subject to these Conditions the Carrier shall be liable for:
(a) Physical loss, misdelivery of or damage to living creatures, bullion, money, securities, stamps, precious 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, misdelivery or damage is occasioned during transit and is proved to be due to the negligence of the Carrier, its
servants, agents or subcontractors;
(b) Physical loss misdelivery of or damage to any other goods comprising the Consignment unless the same has arisen from, and the
Carrier has used reasonable care to minimize 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;
(iii) Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour howsoever caused;
(iv) Seizure or forfeiture under legal process;
Sameday UK Couriers Ltd • 1.St Martins Meadow • Brasted • Kent • TN16 1NL
(v) Error, act, omission, misstatement or misrepresentation by the Customer or other owner of the Consignment or by
servants or agents of either of them;
(vi) Inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural
deterioration of the Consignment;
(vii) Insufficient or improper packing;
(viii) Insufficient or improper labelling or addressing;
(ix) Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered.
11.2.1 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 subcontractors.
12 Limitation of liability
12.1 Except as otherwise provided in these Conditions, the liability of the Carrier in respect of claims for physical loss, misdelivery of or damage
to consumable (commercial) goods comprising the Consignment, howsoever arising, shall in all circumstances be limited to the lesser of
(a) The cost of repairing any damage or of reconditioning the goods; or
(b) The value of the goods actually lost, misdelivered or damaged; or
(c) The sum of £2500 GBP
And the value of the goods actually lost, misdelivered or damaged shall be taken to be their invoice value if they had been sold and
shall otherwise be taken to be the replacement cost thereof to the owner at the commencement of transit:
(i) the Carrier shall be entitled to proof of the value of the whole of the Consignment and any part thereof lost, misdelivered or
(ii) the liability of the Carrier in respect of claims for any any other loss whatsoever (including indirect or consequential loss or
damage, such as (but not limited to) loss of profit, loss of market or the consequences of delay or deviation), 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.
12.2 In respect of physical loss, misdelivery of or damage to non-consumable goods (including but not limited to cheques, documents, media
storage and letters) comprising the Consignment, howsoever arising shall in all circumstances be limited to the lesser of
(a) The value of lost or damaged records as materials only plus the reasonable cost researching and reinstating the information
(b) A sum calculated at the rate of £15.00 Sterling per kilo on the gross weight of the goods actually lost, misdelivered or damaged;
(i) In the case of loss, misdelivery 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, misdelivery or damage affects the value of other parts of the Consignment;
(ii) The Carrier shall be entitled to proof of the weight of the Consignment and of any part thereof lost, misdelivered or damaged;
(iii) Under no circumstances will the Carrier be liable for consequential losses as a result of the loss or damage.
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 employment.
The Carrier relies on the stated weights provided by the Customer of goods for carriage, and it is the responsibility of the Customer to ensure that the stated weights are accurate. Should the vehicle used by the Carrier be found to be overweight due to the negligence of the Customer in providing these weights, then the Carrier will be entitled to full compensation of statutory fines and other costs incurred.