Cequin Solutions Same Day Courier Services - Terms & Conditions
These Conditions set down the basis on which the Carrier will carry goods for the Customer (definitions of Carrier and Customer are given in Condition 1). The Carrier is not and does not contract as a common carrier. The Carrier accepts at its sole discretion the carriage of Consignments 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 to in writing by a Director of the Carrier. No Alteration to these Terms is valid unless it is authorised in writing by a Director of the Carrier.
It is expressly stated to be the Customer’s responsibility to read and understand these Conditions which will form the basis of the Contract under which any claims or disputes are settled. Customers are recommended to take professional advice and to ensure they arrange adequate insurance to provide full cover when the property is in transit.
In the conditions:
- Carrier means Cequin Solutions LLP ta Cequin Solutions, and includes the employees, agents and sub-contractors of Cequin Solutions LLP.
- Customer means a person or company which has requested the Carrier to transport a consignment from a place of collection to a place of delivery.
- Consignee means a person (corporate or otherwise who may or may not be the Customer) to whom the Carrier contracts to deliver the consignment.
- Consignor means a person (corporate or otherwise who may or may not be the Customer) who supplies the consignment to the Carrier for carriage.
- Place of Collection means a specified location for each consignment, from which the consignment is loaded onto the Carriers vehicle.
- Place of Delivery means a specified location for each consignment, at which the consignment is unloaded from the Carriers vehicle.
Consignment means one or more items correctly packaged for transport. These items
are the goods which will be transported during a single transaction. The item could be
any combination of the following:
- An Envelope
- Dangerous Goods means any goods named individually in the Approved Carriage List prepared pursuant to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 as may be amended from time to time. Or listed in the European Agreement Concerning the International Carriage of Dangerous Goods by Road.
- Prohibited Goods means any goods of the following types: precious stones, precious metals, jewellery, cash, cheques, savings books, bank cards, credit cards, tickets, securities such as stocks, bonds, certificates of shares, options, deeds, bonds, permits, etc., passports, stamps, works of art, antiques, watches, keys, personal items, perishable or frozen food, alcohol, tobacco and tobacco products, drugs (the illegal drugs), drugs in general, pornographic material or illegal publications, live or dead animals, animal organs and parts such as fur, ivory, etc., plants, seeds, brown and white goods, firearms and other weaponry, fireworks, explosives, fire extinguishers and other pressurized products, paints and other hazardous or flammable materials and / or liquids.
- Alternative Dispute Resolution means any procedure agreed by the parties for the resolution of disputes other than those involving formal arbitration or litigation.
- Sub-Contractor means any individual or company whom the Carrier engages to carry out the work, whole or part of as required by this contract.
- Loss means the actual loss of the goods or failure by the Carrier to deliver the goods within 5 days of the agreed time limit for delivery or, if there is no agreed time limit, within 10 days from the date on which the Carrier took over the goods.
- Delay means failure by the Carrier to deliver the goods within the agreed time limit, or if there is no agreed time limit, within the period of 10 days from the date upon which the Carrier takes possession of the goods.
- The expressions Carrier, Consignee, Consignor and Customer shall include those parties principals, agents and servants.
- Consequential Loss means all consequential and indirect losses. These shall include without limitation all economic losses, loss of profits, loss of opportunities, loss of use, wasted management time, loss of production. Any additional costs incurred due to the failure of the Carrier to deliver the consignment on time and in good condition.
Loading and Unloading
- At the point of collection and delivery, the Carrier shall be under no obligation to provide any plant, equipment or labour for loading or unloading of the goods.
- The Carrier's representative may give assistance to the Customers representative at the point of loading or unloading.
- The Carrier's representative or employee is NOT authorised to give assistance to load or unload goods except under direct supervision of the Customer or the Customers representative.
- The Carrier shall not be liable for any loss or damage, howsoever caused including negligence, and the Customer shall save harmless and keep the Carrier indemnified against any damage, expenses, loss, costs, claims or demands (including without limitations damage to the Consignment or to any property of the Client, the Carrier, the consignee or any third party whether or not arising out of the negligence of the Carrier its employees, agents or sub-contractors) arising directly or indirectly from the provision of such assistance.
- Transit shall commence when the Carrier takes possession of the Consignment, at the point of Collection.
- The transit shall end when the Consignment is delivered at the place of delivery. This could be the original place of delivery or an updated place of delivery in case of none delivery.
Consignment Notes and Proof of Delivery (POD)
- The Carrier shall, if required to, sign a document (consignment note) prepared by the Customer acknowledging receipt of the Consignment. Such a document will NOT be evidence of the condition or of the correctness of the declared nature, quantity or weight of the Consignment at the time it is received by the Carrier.
- The Carrier shall use its best endeavours to obtain a signed receipt of delivery of the Consignment from the Consignee unless otherwise agreed with the Customer. Such receipts will be emailed to the Customer within 48 hours of the consignment being delivered, as proof of delivery. If paper copies are required to be posted then these will be at an additional charge and must be requested for.
- If for any reason it is not possible to deliver the consignment to the delivery address, then the consignment will be returned to the collection address, after consultation with the customer. There will be an additional full charge for return of the consignment.
If for any reason, the consignment is
cancelled, the minimum charge will be charged to the customer. This will also be the case
in the following situations:
- If the goods are not accepted for transport due entirely to the discretion of the Carrier.
- The vehicle requested is not fit for the purpose of transporting the consignment.
- If for any reason, the consignment is cancelled, the minimum charge will be charged to the customer. This will also be the case in the following situations:
Principle parties and sub-contractors
- The Customer warrants that he is either the owner of the goods in the consignment or is authorised by the owner to accept these terms and conditions on the owners behalf.
- The Customer warrants that the Consignment does not constitute or contain Dangerous Goods or Prohibited goods, or any substance the possession, storage or delivery of which is a criminal offence or a breach of the provisions of any relevant statute, regulation or bye-law under the laws of the United Kingdom.
- The Customer hereby agrees to indemnify the Carrier and hold the Carrier harmless from any penalty, loss, damage, claim, cost or expense which the Carrier, its employees, agents, representatives and/or sub-contractors may incur directly or indirectly as a result of breach of the warranty given in this clause.
- Unless written instructions to the contrary are received from the Customer, the Carrier may sub-contract part or the whole of the consignment.
- Where part or the whole of the carriage has been subcontracted as provided for in Condition 7.4 above, such sub-contractors shall have the benefit of these Conditions of Carriage and shall be under no greater liability to the Customer than or in addition to that of the Carrier under the Contract and the Customer agrees with the Carrier that no claim shall be made against a sub-contractor in addition to or in excess of the limitations and/or exclusions of liability as set out in these Conditions
- The Customer shall be deemed to have elected to accept the terms set out in these conditions, before the transit commences.
- Goods are accepted by the Carrier for carriage at owners risk where the Carrier is able to show that the Customer has explicitly agreed to the carriage of the goods at owners risk. In that event, the Carrier shall not be liable for loss damage or delay to the goods no matter howsoever or by whomsoever caused and the Customer agrees to indemnify the Carrier against any claims made by any Third Party in respect of the goods carried.
- Subject to the provisions of Condition 3.1 above the Carriers responsibility for the Consignment shall commence when the Carrier takes physical control of the Consignment at the point of collection.
- The Carriers responsibility for the Consignment shall end when the Carrier, its agents or sub-contractors relinquish physical control of the Consignment at the proper place of delivery or the Consignment is presented at the proper place of delivery, allowing sufficient time for unloading.
- If the Carrier is prevented from making delivery at the Consignee's address as a consequence of the absence of a safe and/or adequate access or unloading facility then the Carriers responsibility for the goods shall end at the expiration of 24 hours after notice by letter, telephone, fax or e-mail or other agreed method of communication of the availability of the goods has been given to the consignee and/or the consignor.
- At any time during the term of the Contract the Customer may request or the Carrier may recommend variations to the service and/or variations to any other matters covered by the Contract. The Carrier shall investigate the likely impact of any such requested or recommended variations upon the service, the charge for the service and other aspects of the Contract and shall report promptly to the Customer. Neither party shall be obliged to agree to any requested or recommended variation but neither party shall withhold its Agreement unreasonably. Until such time as any variation to the Contract resulting therefrom have been mutually agreed in writing, the parties shall continue to perform their respective obligations without taking account of the requested or recommended variation.
Waiting Time, Tolls & Surcharges
Where the Carrier is held up at collection
or delivery points, due to no fault of the Carrier. The following terms will apply:
- First 15 minutes of waiting time is free and not charged.
- Every additional 15 minutes will be charged in accordance with our rates applicable at the time when the Carrier work is being carried out.
Any charges incurred in order to provide
the Carrier service from Collection to Delivery, will be payable by the customer. These
include but are not limited to the following:
- Toll Charges
- Congestion Charges
- These charges will be invoiced on completion of the work.
- Where the Carrier is held up at collection or delivery points, due to no fault of the Carrier. The following terms will apply:
- The Carrier's charges shall be payable by the Customer provided always that, when the goods are consigned carriage forward, the Consignee shall have primary responsibility for the payment of the carriage charges but the Customer shall pay such charges in the event of default by the Consignee and the Carrier shall not be required to take any steps to obtain payment from the Consignee other than a written request for payment.
- Notwithstanding any claim which the Customer may have against the Carrier, the Carriers charges for carriage and any other services incidental to the carriage chargeable under the Contract shall be payable by the Customer within 7 days of the date of the invoice unless otherwise agreed in writing.
- Should the charges not be paid within such a period, then the Carrier shall be entitled to claim debt recovery costs, as detailed by the Government. Currently £40 for a debt of up to £999.99.
Liability for loss, damage or delay
Subject to these Conditions the Carrier
shall be liable for:
- any loss of or damage to the goods in a Consignment occurring whilst the Goods are in Transit.
- any delay in the carriage of any goods in a Consignment arising from the negligence of the Carrier.
- The Carriers liability is restricted to the financial limits imposed under Clause 12 of these Conditions unless otherwise agreed in writing between the contracting parties prior to the transit commencing.
- The Carrier shall not be liable for whatsoever reason for loss of or damage to, or mis-delivery or loss arising from any delay in respect of Dangerous Goods or Prohibited Goods being the bulk or contained in the consignment.
The Carrier shall be relieved of all
liability if such loss, damage or delay arises from the effect of:
- Act of God;
- Any consequence of war, act of foreign power, terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority;
- Seizure or forfeiture under legal process;
- Error, act, omission, mis-statement or mis-representation by the Customer or other owner of the goods or by servants or agents of either of them;
- Inherent liability due to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods;
- Any special handling requirements in respect of the goods which have not been notified to the Carrier;
- Insufficient or improper packaging, unless the Carrier has contracted to provide this service;
- Insufficient or improper labelling or addressing, unless the Carrier has contracted to provide this service;
- Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
- Fraud on the part of the Customer, Consignor, Consignee or owner or of their servants or agents in respect of all or any part of the consignment.
- Subject to these Conditions the Carrier shall be liable for:
Limitation of liability of carrier
The liability of the carrier in respect of
claims for loss of or damage to goods whilst they are the responsibility of the Carrier in
accordance with Conditions 8 and 11 hereof shall be limited to the lesser of:
- Where the whole or part of a Consignment is lost or damaged to a maximum rate of £15 per kilo up to a maximum of £10,000, subject to a minimum of £15. This is inclusive of all/any duties and/or taxes on the gross weight of the Consignment or that proportion by weight of lost or damage property as stated on the consigment note referred to in Condition 4.1, or otherwise ascertained.
- The value of the goods actually lost, mis-delivered or damaged (value referred to is the cost valuation of the goods at the time they are accepted for carriage including all duties and taxes.), or
- The cost of repairing any damage or reconditioning the goods, or
- The maximum value of £10,000 per consignment inclusive of all/any duties and/or taxes. Provided that no claim shall be accepted by the Carrier pending its receipt from the Customer of proof of the value of the Consignment or any part thereof.
- The Carrier's liability for any delay or consequential loss shall not exceed the amount of the claimants bona fide loss or the amount of the carriage charges, for that consignment, whichever shall be the smaller unless agreement has been made previously in writing between the Carrier and the Customer for a specific level of liability for such delay or consequential loss.
- The liability of the carrier in respect of claims for loss of or damage to goods whilst they are the responsibility of the Carrier in accordance with Conditions 8 and 11 hereof shall be limited to the lesser of:
Customers indemnity to the carrier
The Customer shall indemnify the Carrier against:
- losses suffered by the Carrier arising from any negligent act, negligent omission, negligent misdirection or negligent misstatement by the Customer, Consignor or Consignee, its servants or agents;
- claims of any nature for loss or damage resulting from the carriage of Dangerous Substances or Prohibited Goods where the Customers obligations in Condition 7.2 above have not been met;
- claims and demands of any nature in respect of loss of or damage to the goods made by any Third Party additional to or in excess of the limits of liability of the Carrier set out in Condition 12 above;
- any claims made or penalties imposed by the Commissioners of Customs and Excise in respect of dutiable goods;
- claims and demands made by a Third Party attributable to lack of authority on the part of the Customer to enter into the Contract upon these Terms and Conditions.
Notification of claims
The Carrier shall not be liable for:
- a loss or damage of the whole of the Consignment unless a claim specifying the general nature thereof is submitted by the Customer to the Carrier in writing within 14 days from the Carrier's responsibility for the Consignment having commenced in accordance with Condition 3.1 above and unless a detailed claim giving weight and value and date of collection are submitted by the Customer to the Carrier in writing within 14 days from the Carrier's responsibility for the Consignment having ended or been deemed to have ended;
- loss or damage of any part of a Consignment unless a claim specifying the general nature thereof is submitted by the Customer to the Carrier in writing within seven days from the Carrier's responsibility for the Consignment having ended in accordance with Condition 3.2 above and a detailed claim specifying the weight, value and date of collection and date of delivery are submitted in writing within 14 days of the Carrier's responsibility having ended;
- damage of any description unless the damaged goods are made available to the Carrier's representative for inspection for a reasonable period following notification of the claim;
- delay in delivery of whole or part of the Consignment unless the Carrier is informed in writing within three days of the date by which the delivery should have been made.
The Carrier shall not benefit from this
exclusion of liability if the Customer provides evidence that:
- in all the circumstances it was not reasonably possible so to advise the Carrier or make the damaged goods available for inspection within the specified time limits and;
- such advice was given at the first reasonable opportunity.
Fraudulent or Illegal Use
We reserve the right to suspend any users
ability and right to use our services, if we suspect fraud on the part of the Customer,
illegal activity or connected with any pattern of losses and claims.
- The parties will attempt, in good faith, to resolve any dispute or claim arising out of or relating to these Conditions promptly through negotiations between the respective representatives of the parties who have authority to settle the same.
- If the matter is not resolved through negotiation the parties may attempt to resolve the dispute or claim through an Alternative Dispute Resolution (ADR) procedure as recommended to the parties by the Freight Transport Association or the Centre for Dispute Resolution.
- If the matter is not resolved by an ADR procedure or if either party will not or ceases to participate in an ADR procedure, the dispute may be referred to the arbitration of a single arbitrator or to an arbitrator appointed at the request of the parties by the President for the time being of the Chartered Institute of Arbitrators. The apportionment of the cost of any such arbitration between the parties shall be in the discretion of the arbitrator. The arbitration shall, unless otherwise agreed, be held in the town wherein the Carrier has its main administrative office.
Where any promotional or other material
conflicts with the terms and conditions contained herein, these terms and conditions are to
be followed and considered to be in the supremacy.
These terms and conditions shall be
governed by and interpreted in accordance with English Law and the English Courts shall
have jurisdiction over any disputes between us.
to be unenforceable as a matter of law, the enforceability of any other part of these terms
will not be affected.
statutory right which you may have as a consumer which cannot be excluded.