1 Parties
The parties to this agreement are:
1.1 “The Courier” is 1.2 “The Customer” refers to the person, firm or company named as a Customer of Avango Couriers Limited, its subdivisions, employees, agents and subcontractors.
10.3 Consignments or part thereof requiring special appliances for unloading from a road vehicle are accepted for carriage only on the condition that the Customer has duly ascertained from the consignee that such appliances are available at the destination. Where the Courier is, without prior arrangement in writing having been made by the Customer, called upon to load or unload Consignments or parts thereof for which special appliances are required, the Courier shall be under no liability whatsoever to the Customer for any damage howsoever caused, whether or not by the negligence of the Courier and the Customer shall be responsible for and indemnify the Courier against any damage or liability which the Courier may suffer or incur either itself or in respect of loss, damage or injury suffered by the Couriers employees or any third party.
10.4 Deliveries refused through no fault of the courier (i.e. not booked in) will incur a return charge of 80% of the rate originally agreed for the delivery.
10.5 Delays in excess of 30 minutes at the collection or delivery point will incur a standard charge of £20 per 30 minutes (or part of), unless otherwise agreed in writing.
10.6 Prices quoted are for delivery or collection on a “One way” basis to a single destination unless otherwise agreed. Multiple collection and delivery locations may be added at extra cost but must be agreed beforehand.
10.7.1 Return loads without prior agreement will be refused unless the Customer is willing to pay a minimum of 70% of the original charge.
10.7.2 Part-loads without prior agreement will be refused unless the Customer is willing to pay a minimum of 85% of the original charge.
10.8 Damage to Vehicle at loading or unloading point by forklift truck or other means will be claimed for, against the person committing the damage or the persons or company the job is being undertaken for.
10.9 Damage to vehicle by incorrectly packaged load etc. will also be claimed for.
10.10 The Courier reserves the right to refuse to accept for loading any badly packaged, unsafe or damaged goods at collection. If staff at the collection address are unable to or unwilling to re-pack any unsafe or unsuitable items for transit, the Customer is liable for 80% of the agreed charge.
11 Payment
11.1 New customers will be charged by Proforma invoicing until a minimum of 5 successful deliveries have taken place unless agreed in writing by the Courier beforehand, after which a 30-day account will be allowed.
11.2 ‘30-day account’ Customers will be invoiced within 24 hours of completion of each delivery requested. It is the Customers responsibility to notify the Courier in writing if an invoice has not been received, within 7 days of the delivery having been completed. The Courier reserves the right to assume that all invoices have been received if no such notification is raised within 7 days of delivery.
11.3 The Customer shall pay for any and all deliveries that are allowed a 30 day account, strictly within 30 days of receipt of the Couriers invoice, without set-off or deduction or counterclaim.
11.4 The Courier is not required to present a copy of the Proof of Delivery (POD) in order to satisfy payment of any invoice unless requested to do so in writing by the Customer before the delivery is undertaken and completed.
11.5 In default of payment (which is 31 days from date of invoice) the Courier shall be entitled to charge interest at the rate of 100% (APR, prorated) on any and all outstanding amounts until the payment is received in full.
11.6 For any and all invoices not paid in full after 31 days from date of invoice, the Courier reserves the right to implement court proceedings to recover the full amount including any court costs incurred in the process.
12 Time Limits for Claims
12.1 The Courier shall not be liable for any damage to goods or delay unless it is advised in writing within 7 days of delivery (or the date specified for delivery in regard to goods not actually received) and the claim is made in writing within 28 days after transit began.
12.2 The Courier shall not be liable for any loss or mis-delivery unless it is advised in writing by the Customer (otherwise than upon delivery of the Couriers documents) within 7 days of transit commencing and the claim is made in writing within 28 days after transit began.
12.3 The Courier shall in any event be discharged from all liability whatsoever in respect of the Consignment unless proceedings are commenced within a period of 60 days from the termination of transit or, in the case of loss mis-delivery or non-delivery of the whole Consignment, from the said 28 days referred to in Clause 12.1/12.2.
12.4 In any event any damaged goods must be made available to the Courier for inspection.
13 Warranties and Indemnities
The Customer shall indemnify the Courier in respect of the whole of any fine or penalty or legal and other costs incurred by the Courier and any other loss, outlay and expense sustained by the Courier by reason of the Customers breach of clauses 4 And 5.
13.1 The extent of the Couriers responsibilities and liabilities are defined in these conditions and the Customer shall save harmless and keep the Courier indemnified from and against all claims, costs and demands of whatsoever nature and by whomsoever made and howsoever arising from negligence or otherwise in excess of the liability of the Courier under these Conditions arising directly or indirectly from the collection, carriage, storage and/or delivery of the Customers Consignment.
13.2 In the absence of written notice to the contrary given to the Courier at the time of delivery to them, all goods and the packaging within which they are contained are warranted by the Customer to be fit to be carried and stored.
13.3 The Customer will be responsible for and will indemnify the Courier against all losses damage and claims of whatsoever nature made upon the Courier for which the Courier may be or become liable arising from the tender of a Consignment all or part of which consists of dangerous, infested, contaminated or condemned goods including loss and/or damage sustained by the Courier to its own property and injuries or loss sustained by servants and/or sub-contractors of the Courier.
14 Couriers lien
The Courier shall have a general lien against the owner of the Goods for any money due from the Customer or such other owner to the Courier and if any such lien is not satisfied within a reasonable time the Courier may in its absolute discretion sell all or part of the Goods as agent for the owner and apply the proceeds towards the money due and the expenses of retention insurance and sale of the Goods and shall on accounting to the Customer for any surplus be discharged from all liability whatever in respect of the Goods.
15
The contract and these Terms and Conditions shall be construed and governed by the Laws of England.
