Unit 4

Rennie Business Park

Factory Place

Saltcoats

 

01294 464 054

07890 981 974


“Terms and Conditions of Carriage”

  1. All and any business undertaken, including any advice or information given or service provided whether gratuitously or not is transacted subject to the condition hereinafter set out in each Condition shall be deemed to be incorporated in and to be a Condition of any agreement between 3-Towns Courier Service (“The Company”) and its customer.
  2. All and any business undertaken, including any advice or information given or In these conditions of trading (hereinafter called “these conditions”) the expression “the Company” means and (unless the context precludes the same) includes the Company's servants, agents and any person or persons carrying passengers or goods under the contract with the Company “Customer” means any person who contracts for the service of the Company and includes the customer's servants or agents or any persons carried as passengers on behalf of the customer.
  3. The 3-Towns Courier Service is not a common carrier and will accept goods for carriage only on these conditions.
  4. No agent or person employed by or under contracts with us (“the Company”) has any authority to alter or vary in any way these conditions unless (previously) expressly authorised to do so by us, in writing.
  5. If any legislation is compulsory applicable to any business undertaken these conditions shall as regards such business be read as subject to such legislation and nothing in these conditions shall be construed as a surrender by us of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if part of these conditions be repugnant to such legislation to any extent such part all as regards such business be void to that extent but no further.
  6. Customers entering into transactions of any kind with us for the carriage of goods expressly warrant that they are either owners or the authorised agent of the owners of any goods to which the transaction relates and further warrant that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all other persons who a are or may thereafter become interested in the goods.
  7. Any instructions or business accepted by us may in the absolute discretion of us be fulfilled by us ourselves or by our own servants performing part of all the relevant services or by us employing or entrusting the carriage of goods or passengers to others to perform part or all the services.
  8. Subject to express instructions given by the customers, we reserve ourselves to absolute discretion as to the means route and procedure to be followed in the carriage of passengers and in the handling, storage and transportation of goods. Further, if in the opinion of us, it is at any stage necessary in the customer's interest to depart from those instructions, we shall be at liberty to do so.
  9. The 3-Towns Courier Services warrants that all goods entrusted to us for carriage have been properly labelled and prepared.
  10. All offers and quotations by us for our services are given on the basis of prompt acceptance by the customer and shall only remain open for acceptance for the period of seven days unless revoked withdrawn or verified by us prior to such acceptance.
  11. All credit accounts (subject to approval) are rendered at such periodic intervals as shall be our policy from time to tome and are subject to settlement within thirty (30) days from date of invoice. Where payment is not received by that date, any offer made by us to give credit or discount for prompt payment will automatically be deemed to be withdrawn and we reserve the right to impose a surcharge on all outstanding balances at the rate of two per cent (2%) per month.
  12. We shall only be responsible for any loss or damage to goods for any non- delivery or mis-delivery if it is proved that the loss, damage, non-delivery was due to the negligence or default of us and in the event of us providing transport for a customer of both a passenger and goods, the carriage of such goods and personal effects or any passenger shall be solely at the risk of the customer and we shall incur no liability of any kind in respect thereof. The customer is advised to insure against such risks.
  13. We shall only be liable for non-compliance or in-compliance with instructions even to it if it is proved that the same was caused by the negligence of default of us.
  14. It shall be the responsibility of the customer to satisfy himself that any load that he wishes to have carried by us shall be suitable for conveyance in the vehicle offered by us for the carriage of such load. We will accept no liability whatsoever for any loss or damage to such load arising from the unsuitability of such vehicle.
  15. The customer shall have specified to us the nature of the goods and purpose of their transit and we shall have agreed, in writing with the customer, a time schedule and specification in respect of the transit of the said goods.
  16. Since we are unable to assess the cost to a customer of the loss or damage of any goods, in no case whatsoever shall any liability of us however arising and notwithstanding any lack of explanation exceed the value of the relevant goods or £1000.00 whichever is the lesser. If the relevant goods have any extra intrinsic value to customer or the customer would suffer consequential losses in the event of their loss or damage, then the customer is advised to insure against such risks and losses since we are unable to warrant that its own insurance cover will be applicable to such loss or damage or (if applicable) extend to cover any sums claimed.
  17. We shall not be liable for loss or damage to any part of any consignment of goods (whether 1 or 2 packages) or for the loss or non-delivery of the whole of any consignment of goods or for damage delay or detention thereof or any part thereof however caused unless we are advised thereof, in writing of the fact of the loss or damage within 7 days of the loss or damage occurring and a quantified claim is made in writing within 28 days of the occurrence.
  18. We will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods likely to cause damage. Should the customer nevertheless deliver any such goods to us, or cause us to handle or deal with any such goods, he shall be liable for all loss or damage whatsoever caused by or in connection with the goods however arising and shall indemnify us against all penalties, claims, damage costs and expenses whatsoever arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of us by any other person in whose customer they may be at the relevant time.
  19. Except under special arrangement, previously made in writing, we will not accept or deal with bullion, coins, precious stones, jewellery, valuable antiques, pictures (excluding commercial artwork), livestock or plants.
  20. All sums shown to be due to us on our invoices sent to the customer, shall be paid to us immediately when due without any deductions and payment shall not be withheld or deferred on account of any claim, counterclaim or set-off.
  21. We shall have a special lien on all goods for changes on such goods and shall also have a general lien against the owner of any such goods for any monies on account due from such owner to us. If any lien is not satisfied within a reasonable time, we may at its absolute discretion, sell the goods concerned and apply the proceed in or towards discharge of the lien and the expenses of the sale. No variation, extension or cancellation of these conditions shall be binding upon us, unless and until it is confirmed in writing, duly authorised to negotiate or enter into any commitment on behalf of the 3-Towns Courier Services, the effect of which would or might (but for this present clause) invoice us in any legal liability whatsoever.
  22. All agreements between us and our customer shall be governed by Scottish Law and be within the exclusive jurisdiction of the Scottish courts.
  23. The maximum amount payable per consignment is £............ Unless agreed in advance for a higher amount and the appropriate premium paid.
 

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This sets out our legal responsibilities as a carrier

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