1.1 In these terms and conditions (“Conditions”):
1.1.1. “Dangerous Goods” means items from time to time specified in the United Nations Recommendations on the Transport of Dangerous Goods (“UNRTDG”) and any other items which we from time to time specify;
1.1.2. “Delivery Address” means the full postal address (including the post code) specified on the Address Label;
1.1.3. “Consignee” means the consignee specified on the Address Label;
1.1.4. “Consignment” means any goods, whether a single item, in bulk or a number of separate items to be delivered to the same Consignee (including any of them or any part of them);
1.1.5. “Value” means, in respect of any Consignment, the lesser of the cost and the market value of such Consignment;
1.1.6. “we” means Courier Express Limited (company number 4481613) whose registered office is at Amelia House, Crescent Road, Worthing, BN11 1QR and includes our employees, agents and sub-contractors and “us”and “our” will be interpreted accordingly; and
1.1.7. “you” means the person(s) or company whose order for the delivery of a Consignment is accepted by us and “your” will be interpreted accordingly.
We may employ any person as our agent, sub-contractor or otherwise in the performance of any of our obligations under these Conditions. We enter into these Conditions on behalf of such persons who will be entitled to the benefit of them and will have no greater liability to you than we do.
3.1 You warrant that:
3.1.1. if you do not own a Consignment or any part of it, you are an agent of the owner(s) of the Consignment and are authorised to enter into these Conditions on the owner(s) behalf;
3.1.2. all Consignments and their packaging will be fit and safe to be handled and carried by us; and
3.1.3. no Consignment will exceed any size or weight restrictions which we from time to time specify.
3.2. We do not carry and you warrant that no Consignment will contain any bullion, antiques, cashiers or travellers cheques, currency, stamps, firearms, money orders, cigarettes, precious stones or metals or negotiable instruments in bearer form and will have no liability (whether caused negligently or otherwise) for loss, damage, mis-delivery or non-delivery or late delivery of the same.
3.3. Unless we agree in writing, before transit commences, we do not carry and you warrant that no Consignment will contain any perishable goods, food, liquids, plants, drugs, medicines or alcoholic beverages and we will have no liability (whether caused negligently or otherwise) for loss, damage, mis-delivery or non-delivery or late delivery of the same.
3.4. You will indemnify us and keep us indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which we suffer as a result of a breach of the warranties contained in conditions 3.1, 3.2 and 3.3.
3.5.You acknowledge that our transit system is not suitable for carrying glass, china, ceramics, pottery, stoneware, fossils, antiques and works of art, or similar such materials and we will have no liability (whether caused negligently or otherwise) for any damage caused to the same.
3.6. We may open or inspect any Consignment.
4. Dangerous Goods
4.1. You warrant that Consignments will not:
4.1.1. contain any items specified in classes 1, 2.3 or 7 of the UNRTDG; and
4.1.2. unless we otherwise agree in writing before transit commences, contain any other class of Dangerous Goods.
4.2. if we agree to carry any Dangerous Goods:
4.2.1. you must comply with all requirements of the UNRTDG in relation to such goods and you warrant that no Consignment will contain any Dangerous Goods in excess of the amounts thereof specified in the UNRTDG;
4.2.2. you must provide us with a full written declaration of the nature and content of such goods and the nature of the hazard presented by such goods together with all instructions for the safe handling of such goods;
4.2.3. such goods must be properly and safely packed and labelled in accordance with any requirements which we specify and in accordance with statutory regulations in force from time to time for transport by road, sea or air;
4.3 You will indemnify us and keep us indemnified against all any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which we suffer or incur as a result of any breach of the warranties contained in this clause 4 or us carrying such Dangerous Goods, whether declared as such or not.
5. Loading and Unloading
5.1. Unless we agree otherwise:
5.1.1. if we collect or deliver a Consignment to or from your premises, you will provide appropriate equipment and labour for loading or unloading the Consignment; and
5.1.2. if a Consignment requires equipment or labour in excess of the driver to be unloaded at the Delivery Address, you warrant that such equipment or labour will be provided at the Delivery Address.
5.2. Any assistance we provide to load or unload a Consignment will be provided at our discretion and is at your sole risk and we will not be liable for any damage caused (whether negligently or otherwise). You will indemnify us and keep us indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which we suffer as a result of the provision of such assistance.
6.1. In relation to each Consignment you must complete such consignment note (“Consignment Note”) and address label (“Address Label”) in each case as we from time to time specify. You must affix an Address Label to each Consignment.
6.2. Transit begins when we accept a Consignment for delivery. At your request we will sign a document acknowledging receipt of a Consignment. Such document will not, regardless of its terms, be evidence of the condition, nature, quantity or weight of the Consignment when delivered to us.
6.3. Transit ends:
6.3.1. when a Consignment is delivered to the Delivery Address (including in accordance with condition 7.1. or if, in accordance with your instructions, a Consignment is left at the Delivery Address despite there being no-one available at the Delivery Address to take delivery of the Consignment); or
6.3.2. 7 days after the Consignee is notified (whether in writing or orally) that we have made an unsuccessful attempt to deliver the Consignment and that the Consignment is available for collection from us.
6.4. Transit may occur using any means of transport and by any route we think fit. Without limiting this condition 6.4, your acknowledge that part of the transit of Consignment for Jersey, Guernsey, Northern Ireland, Republic of Ireland, Aberdeen or any Scottish island will be by air.
7.1. We will deliver Consignments to the Delivery Address, provided that if the Delivery Address has, or is served by a central mail delivery and/or collection area, we may deliver the Consignment to such area. We are not required to deliver Consignments personally to the Consignee.
7.2. You must select a service option on the Consignment Note specifying when the Consignment is to be delivered. If you do not select a service option you will be deemed to have selected the next day service option.
7.3. Subject to condition 17, if you select:
7.3.1. the next day, Saturday, 48 hour or 72 hour service options we will deliver the Consignment by no later than the end of the relevant day or period after the day on which the Consignment is accepted;
7.3.2. a service option specifying a time by which delivery is to be made, we will deliver the Consignment within 30 minutes after such time; and
7.3.3. a service option specifying a time at which delivery is to be made, we will deliver the Consignment within 30 minutes before or after such time;
7.4. We only deliver on Saturdays if you mark the Saturday service option on the Address Label. If we make an unsuccessful attempt to make a delivery on a Saturday, you must still pay the Saturday delivery fee.
7.5. Time for delivery is not of the essence. We will not be in breach of these conditions if a Consignment is delivered late.
7.6. If we make two failed attempts to deliver a Consignment, we may charge you an additional sum for each subsequent attempted delivery or attempt to return the Consignment to you, whether successful or not.
7.7. At your request, within 14 days of the date the Consignment is delivered we will use reasonable endeavours to provide a proof of delivery of the Consignment, provided that provision of same does not constitute a condition of payment. We may at our discretion impose a charge for providing you with a proof of delivery outside this 14 day period.
8. Undelivered or Unclaimed Goods
8.1. We may sell or dispose of any Consignment if:
8.1.1. we cannot determine the sender or the Consignee of the Consignment;
8.1.2. we are unable to deliver the Consignment; or
8.1.3. transit is deemed to be at an end under condition 6.3.2, provided that before selling or disposing of the Consignment we will retain it for 3 months, and use reasonable endeavours to notify you that we intend to sell or dispose of the Consignment unless it is collected from us within the time period specified in such notice.
8.2. If when we sell a Consignment we identify you as the sender of the Consignment, we will tender the sale proceeds to you after deducting all charges and expenses we incur in selling the Consignment and any outstanding charges relating to the Consignment. Tender of such amount will, without prejudice to any claim or right which you may have against us under these Conditions, discharge us from all liability to you in respect of such Consignment and its carriage and storage.
9.1. Transit charges are subject to change without prior notice and will be payable by you within 20 days of the date of our invoice or as we notify you in writing from time to time.
9.2. All charges are expressed exclusive of VAT which may be chargeable and which will be payable in addition by you.
9.3. If you do not pay any sum payable to us on its due date, without prejudice to any other rights which we may have:
9.3.1. we may charge and you will pay interest upon such sum from the due date until payment is made in full, both before and after any judgment, at 2 percent per month;
9.3.2. we may recover our costs and expenses of collecting such amount;
9.3.3. we may suspend deliveries of other Consignments until the outstanding amount has been received by us; and
9.3.4. any other sums owing from you to us, regardless of whether we have issued you with an invoice for such sums or whether such sums are due to be paid in the future will become immediately due and payable.
9.4. All payments due from you under these Conditions will be made without deduction whether by way of counterclaim, set-off or otherwise unless you have a valid court order requiring an amount equal to the deduction to be paid by us.
9.5. You will notify us of any change in your name, address or other circumstances that may affect the payment of any charges at least 14 days in advance of date of the change.
10. General Exclusions of Liability
10.1. We will not be liable to you for any loss, damage, mis-delivery, non-delivery or delayed delivery of any Consignment which occurs as a direct or indirect result of:
10.1.1. anything you or your employees or agents do or omit to do or any misstatement or misrepresentation you, your employees or agents make;
10.1.2. any inherent liability to wastage, latent or inherent defect, vice or natural deterioration or electrical derangement of the Consignment;
10.1.3. the Consignment being insufficiently or improperly packaged;
10.1.4. the Consignment being incorrectly or insufficiently addressed (including the correct postal code) or labelled;
10.2. We will in no circumstances be liable to you for pure economic loss or loss of profit, business, sale, market, goodwill and like loss, whether direct or indirect and whether caused negligently or otherwise.
10.3. Notwithstanding anything to the contrary contained in these Conditions, our liability for fraud, or death or personal injury resulting from our negligence, is not limited.
10.4. Notwithstanding anything to the contrary contained elsewhere in these Conditions, if you have sub-contracted the delivery of any Consignment to us, we will not be under any greater liability to you in respect of such Consignment than you have contractually to your customer.
10.5. We will not be liable for any loss, mis-delivery, non-delivery or delayed delivery of or damage to a Consignment or otherwise for any failure or delay in performance of our obligations under these Conditions due to any event beyond our reasonable control including, without limitation:
10.5.1. delay or cancellation of ferries, flights or railway transport;
10.5.2. failure by a Consignee to accept delivery of a Consignment;
10.5.3. delays in or refusal of customs clearance;
10.5.4. act of God, war, riot, civil commotion, malicious damage or blockades, strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party) compliance with any law or governmental order, rule, regulation or direction seizure under legal process, national emergencies, fire, flood, tempest or storm, accident, breakdown of plant or machinery default of supplies (including, without limitation fuel) or sub-contractors.
11. Time Limit for Claims
11.1. We will not be liable (whether in negligence or otherwise) for damage to Consignments or loss, mis-delivery or non-delivery of any Consignment (or any part thereof), unless you notify us (other than upon any delivery document) of the same within:
11.1.1 3 days of the date of delivery if the proof of delivery is signed as having been received in good condition; and
11.1.2 7 days of the date of delivery (or the due date for delivery if the whole Consignment has been lost or mis-delivered) in all other cases, and make a written claim against us within 21 days of the date of delivery or the due date of delivery (as appropriate).
11.2 We will not be liable (whether in negligence or otherwise) to you in respect of any late delivery, or any loss, damage, mis-delivery or non-delivery of a Consignment unless legal proceedings are commenced against us within 12 months from the date when transit commences.
12. Liability for Late Delivery
12.1 Our sole liability in respect of late delivery of a Consignment, whether as a result of negligence or otherwise, is limited to the lesser of the difference in price between:
12.1.1 the service option you selected and the next quickest service option available for such Consignment which, if we had delivered the Consignment in accordance with such option, could have resulted in delivery of the Consignment at the same time as it was delivered; and
12.1.2 the service option you selected and the slowest service option available for such Consignment.
12.2 We will have no liability for late delivery of any Consignment for which you select the slowest service option available for such Consignment.
13. Full Transit Liability Option
13.1 Before transit commences you may request an increase in our liability under condition 14 under the extended cover option (“Extended Cover”). If we agree, Extended Cover is available in units of £1,000 (each a “unit” of Extended Cover) up to a maximum of 10 units per consignment. In such circumstances the specified sum for the purpose of condition 14.1.3 will be as specified in condition 14.3.
13.2 We do not provide insurance cover for Consignments and you will not receive an insurance policy if you purchase Extended Cover.
14. Liability for Loss and Damage
14.1 Our sole liability for loss, mis-delivery or non-delivery of or damage to any Consignment whether caused negligently or otherwise, is limited to the lesser of:
14.1.1 the Value of the Consignment, or the part of the Consignment as appropriate, which has been lost, mis-delivered or damaged;
14.1.2 the cost of repairing any damage to the Consignment; and
14.1.3 the sum specified in either condition 14.2 or 14.3 provided that our maximum liability per Consignment under this condition 14.1 is £10,000.00.
14.2 In respect of any Consignment in relation to which you have not taken out Extended Cover under condition 13, the applicable sum for the purpose of condition 14.1.3 will be a sum equal to £10.00 per kilogram of the gross weight of such Consignment or the part of such Consignment which has been lost, mis-delivered or damaged.
14.3 In respect of any Consignment for which you have taken out Extended Cover, the applicable sum for the purpose of condition 14.1.3 will be the number of units of Extended Cover purchased for such Consignment provided that if the Value or the cost of repairing the Consignment exceeds the number of units of Extended Cover purchased for such Consignment, our liability will be limited to an amount equal to the same proportion of the amount of the loss or damage to the Consignment as such number of units of Extended Cover is to the Value or the cost of repair as appropriate of the Consignment.
14.4 We will use our reasonable endeavours to find any cheque which forms part of a Consignment and which is lost during transit, provided that our liability for such loss will be limited to the lesser of the cost of cancelling and reissuing any such cheque and £10.00.
14.5 If during transit a Consignment is carried by water, rail or air, our liability for any loss of or damage to the Consignment during the period of transit by water, rail or air will not exceed the liability of the carrier providing the water, rail or air carriage to us.
14.6 Any Consignment which has a Value of less than £20.00 is carried at your risk and we will have no liability to any loss, mis-delivery or non-delivery of or damage to such Consignment.
14.7 Shock labels or similar devices designed to show whether a Consignment has been subject to treatment likely to cause damage to it are not accepted as proof of damage of any Consignment.
We have a general and particular lien over all Consignments for all monies owing from you. If any lien is not satisfied within 7 days of us notifying you of its exercise, we may sell the Consignment as your agent. We will tender the sale proceeds to you after deducting all monies owing from you and all expenses and charges incurred in the sale. Having done so we will have no further liability to you for the Consignment.
16. Unreasonable Detention
After an initial period of 10 minutes, we may charge you £5.00 for each 15 minute period spent attempting to collect or deliver a Consignment.
17. Periods of Time
Where these Conditions specify a period of time such period will not include any day which is a Saturday, Sunday or public or bank holiday in any country through which transit of the Consignment passes.
18. International Deliveries
18.1 If the Convention on the Contract for the International Carriage of Goods by Road (“CMR”) applies to the delivery of any Consignment by us
18.1.1 if any provisions of these Conditions conflicts with any provisions of the CMR, the provisions of the CMR will take precedence; and
18.1.2. our liability for loss of or damage to or late delivery of a Consignment will be governed by and limited in accordance with the CMR.
18.2 If the Warsaw Convention of 1929 (“1929 Convention”) or the Warsaw Convention as amended at the Hague 1955 (“1955 Convention”) applies to the delivery of any Consignment by us:
18.2.1 If any provision of these Conditions conflicts with any provision of the 1929 Convention or the 1955 Convention (as appropriate) the provisions of the 1929 Convention or the 1955 Convention (as appropriate) will take precedence, and
18.2.2. our liability for loss of or damage to a Consignment or late delivery of a Consignment will be governed by and limited in accordance with the 1929 Convention or the 1955 Convention (as appropriate).
18.3 If a Consignment is being exported you must supply correct and complete documentation required for customs clearance at the commencement of transit.
18.4 You will indemnify us and keep us indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgements which we suffer as a result of:
18.4.1 you failing to provide us with the documentation specified in condition 18.3;
18.4.2 any claims made by HM Customs and Excise in respect of dutiable goods consigned in bond; and
18.4.3 any claim made by HM Customs and Excise under Section 30(10) of the Value Added Tax Act 1994.
19.1 The headings in these Conditions are for convenience only and do not affect their interpretation.
19.2 We are not and do not contract as a common carrier. Any Consignment accepted for transit is accepted upon these Conditions to the exclusion of all others that you attempt to apply, even if they are endorsed upon, delivered with or contained in any document that you deliver to us. Delivery of a Consignment to us by you will be conclusive evidence of your acceptance of these conditions.
19.3 Variations to these Conditions and representations about the services we are to provide to you will be ineffective unless expressly agreed in writing by an authorised signatory.
19.4 Any failure by us to enforce or partially enforce any provision of these conditions will not amount to a waiver of our rights.
19.5 These conditions are personal to you and you may not assign, licence or sub-contract any or all of your rights or obligations under them without our prior written consent.
19.6 Any provision of these conditions which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) will, to the extend of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provision of these conditions and the remainder of such provision shall not be effected.
19.7 All communications between the parties about these conditions must be in writing and delivered by hand, pre-paid first class or fax, if to us, to our registered office and if to you, to the address specified on the account application form, or in either case, to such other address as notified by either party to the other.
19.8 Communications will be deemed to be received:
19.8.1 if sent be pre-paid first class post, two days (excluding Saturdays, Sundays and Bank or public holidays) after posting (excluding the day of posting);
19.8.2 if delivered by hand, on the day of delivery;
19.8.3 if sent by fax before 4pm on a day other than a Saturday, Sunday or a Bank or public holiday, at the time of transmission or otherwise on the next day which is not a Saturday, Sunday or a bank or public holiday.
19.9 These Conditions contain all the terms which we have agreed in relation to the subject matter of these Conditions. Neither party has been induced to enter into these Conditions by a statement or promise which they do not contain. This Condition 19.9 will not exclude any liability which one party would otherwise have to the other in respect of any fraudulent statements.
19.10 Formation, construction, performance, validity and all aspects of these Conditions is governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
19.11 The parties to these Conditions do not intend that any of its terms will be enforceable by virtue of the Contracts (rights of third parties) act 1999 by any person not a party to it.
20. Data Protection Act
20.1 You consent to and understand that, for all account applications, a credit search will take place using a credit reference agency. This information may also be shared with other Courier Express companies.
21. Refund Policy
21.1 If service not required after booking, cancellation must be made within 30 minutes of booking by email to email@example.com. Failure to do so will result in a charge of 50% of the delivery service booked.
PLEASE NOTE THAT THE CLIENT WILL NOT IN ALL CIRCUMSTANCES BE ENTITLED TO COMPENSATION, OR TO FULL COMPENSATION, FOR ANY LOSS AND IS THEREFORE RECOMMENDED TO SEEK PROFESSIONAL ADVICE AS TO APPROPRIATE INSURANCE COVER TO BE MAINTAINED WHILE GOODS ARE IN STORAGE.
Courier Express Limited, also trading as Brighton Carriers (hereinafter referred to as “the Contractor”) accepts Goods for Storage only upon the Conditions set out below. No servant or agent of the Contractor is permitted to alter or vary these Conditions in any way unless expressly authorised in writing to do so by a Director, Principal, Partner or other authorised person. If any legislation is compulsorily applicable to the Contract and any part of these Conditions is incompatible with such legislation, such part shall, as regards the Contract, be overridden to that extent and no further.
1. Definitions: In these Conditions: “Client” means the person or company who contracts for the services of the Contractor. “Contract” means the contract between the Client and the Contractor for the Storage of the Goods. “Goods” means goods whether a single item or in bulk or contained in one parcel, package or container as the case may be or any number of separate items, parcels, packages or containers Stored under the Contract. “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 Contractor may agree to in writing, and the words “Store” and “Stored” shall be construed accordingly.
“Dangerous Goods” means:
(i) Goods named individually in the Approved Carriage List issued from time to time by the Health and Safety Commission, explosives, radio-active 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; or
(ii) any Goods which, although, not included in (i) above, in the sole opinion of the Contractor, present a similar hazard.
2. Parties and Sub-Contracting
(1) The Client warrants that he is either the owner of the Goods or is authorised by such owner to accept these Conditions on such owner’s behalf.
(2) The Client also warrants that the Goods are as described to the Contractor with regard to their nature, weight, quantity, condition and dimensions.
(3) The Client also warrants that Dangerous Goods accepted for Storage comply with all relevant statutory regulations for the time being in force concerning the Storage, carriage, packaging and labelling of such articles or substances.
(4) The Contractor and any other contractors employed by the Contractor may employ the services of any other contractor for the purpose of fulfilling the Contract in whole or in part and the name of every such other contractor shall be provided to the Client on request.
(5) The Contractor contracts for itself and as agent of and trustee for its servants and agents and all other contractors referred to in (4) above and such other contractors’ servants and agents and every reference in these Conditions to the “Contractor” shall be deemed to include every other such contractor, servant and agent with the intention that they shall have the benefit of the contract and collectively and together with the Contractor be under no greater liability to the Client or any other party than is the Contractor hereunder.
3. Dangerous Goods
Dangerous Goods must be disclosed by the Client and if the Contractor agrees to accept them for Storage such Goods must be accompanied by a full written declaration of their nature and contents and be properly and safely packed and labelled in accordance with any legislation for the time being in force for the Storage and carriage of such articles or substances and the Client shall, whilst the Dangerous Goods are being Stored by the Contractor, keep the Contractor informed of any statutory modification or re-enactment thereof or any rules or regulations made there under or rules or recommendations made by any relevant authority, concerning the Storage or handling of Dangerous Goods. The Client shall, whilst the Dangerous Goods are being stored by the Contractor, keep the Contractor informed as to its recommendations on the handling and Storage of such Goods including all health and safety recommendations and prior to arranging despatch of the Dangerous Goods, the Client shall provide the Contractor with such information in writing in relation to the Dangerous Goods as will enable the Contractor to know the identity of the substances comprising the Dangerous Goods, the nature of the hazards created by such substances, and the action to be taken in an emergency. The Contractor shall be entitled to disclose the information supplied by the Client to its servants, agents and other contractors referred to in condition 2(5), and any relevant Government department.
4. Notice of Delivery or Collection
The Client shall give the Contractor not less than 24 hours notice of its intention to deliver or remove Goods at the premises of the Contractor.
5. Receipt of Goods
(1) Following acceptance of the Goods for Storage the Contractor shall if required provide the Client with a receipt but no such document shall be evidence of the condition or the correctness of the declared nature, property, chemical composition, quantity, quality, or weight of the Goods at the time they are received by the Contractor and the burden of proving the condition of the Goods on receipt by the Contractor and that the Goods were of the nature, property, chemical composition, quantity, quality or weight declared in the relevant document shall rest with the Client.
(2) The Contractor shall notify the Client of any pre-existing damage to and/or deficiency in the Goods to be Stored, within a reasonable time of the Contractor becoming aware of such damage or deficiency. Such Goods shall, in the absence of any express agreement to the contrary between the Client and the Contractor, be returned to the Client at the Client’s expense.
6. Termination of Storage
(1) Either the Contractor or Client may at any time give not less than 21 clear days’ notice in writing to the other of its intention to terminate the Contract and notwithstanding that the Contractor may have released the Goods before the expiry of such notice, all charges shall be payable to the date when the notice would have expired.
(2) The Contractor may require the removal of the Goods or any part thereof, forthwith, if in the Contractor’s opinion:
(i) the Client’s financial position becomes unsatisfactory or if the Client ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due, or (being a company) is deemed to be unable to pay its debts or has a winding up petition issued against it or a receiver appointed of all or any part of its assets, or if a proposal is made for a composition with creditors or scheme of arrangement or for an administrator to be appointed in respect of all or any part of the business or assets of the Client or (being an individual) commits an act of bankruptcy or has a bankruptcy petition issued against him, or the Client is in breach of any of its obligations arising under the Contract;
(ii) The Storage of Goods poses a risk to the health and safety of the Contractor, its servants or any third party or to the Contractor’s property or any third party property;
(ill) the continued Storage of the Goods will result in the Goods perishing or otherwise deteriorating and/or will cause damage to other goods or property.
(3) If the Goods or any part thereof are not removed after notice is given by the Contractor to the Client in accordance with paragraphs (1) and (2) above, then the Contractor may, at its absolute discretion, sell the Goods after the lapse of a reasonable period of time after notice is given by the Contractor of its intention to sell the Goods or part thereof.
7. Revision of Storage Charges and Conditions of Storage
The Contractor’s charges and these Conditions may be revised by the Contractor from time to time. Any such revision shall not become effective until the expiry of twenty-one days from the date notice of proposed revision is given to the Client.
8. Contractor’s Charges
(1) Goods accepted for Storage during any calendar week (Monday to Sunday both inclusive) shall be charged for as though they were received on the first day of such week.
(2) Charges shall be payable when due without reduction or deferment on account of any claim, counterclaim or set-off. The Contractor shall be entitled to interest at 8 per cent above the Bank of England Base Rate prevailing at the date of the Contractor’s invoice or account, calculated on a daily basis on all amounts overdue to the Contractor.
(3) Should the delivery of Goods be postponed or cancelled by the Client, the Contractor shall be entitled to recover from the Client all expenses incurred by the contractor and all rental charges in respect of space reserved for such Goods.
Liability for Loss and Damage
(1) The Client shall be deemed to have elected to accept the terms set out in (2) of this Condition unless, before the Goods are Stored, the Client has agreed in writing that the Contractor shall not be liable for any loss or misdelivery of or damage to or in connection with the Goods however or whenever 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 Contractor, its servants, agents or sub-contractors.
(2) Subject to these conditions the Contractor shall be liable for:
(a) physical loss, misdelivery of or damage to living creatures, bullion, money, securities, stamps, precious metals or precious stones only if:
(i) The Contractor has specifically agreed in writing to Store any such items; and
(ii) the Client has agreed in writing to reimburse the Contractor in respect of all additional costs which result from the Storage of the said items; and
(iii) The loss, misdelivery or damage is occasioned during Storage and is proved to be due to the negligence of the Contractor, its servants, agents or sub-contractors.
(b) physical loss, misdelivery of or damage to any other Goods occasioned during Storage unless the same has arisen from, and the Contractor has used reasonable care to minimise the
(c) effects of:
(d) (i) Act of God;
(ii) any consequences of war, invasion, art 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) seizure or forfeiture under legal process;
(iv) error, act, omission, mis-statement or misrepresentation by the Client or other owner of the Goods or by servants or agents of either of them;
(v) inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the Goods;
(vi) Leakage or deficiency of Goods of a perishable or leaky nature, moth, vermin, inserts, atmospheric or climatic causes;
(vii) insufficient or improper packing;
(viii) insufficient or improper labelling or addressing;
(ix) riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
(x) any other cause beyond the reasonable control of the Contractor.
(3) The Contractor shall not in any circumstances be liable for loss of or damage to Goods arising after Storage of such Goods has ended, whether or not caused or contributed to directly or indirectly by any art, omission, neglect, default or other wrongdoing on the part of the Contractor, its servants, agents or sub-contractors.
The Contractor shall not in any circumstances be liable in respect of Goods where there has been fraud on the part of the Client or the owner, or the servants
or agents of either, in respect of those Goods, unless the fraud has been contributed to by the complicity of the Contractor or of any servant of the Contractor acting in the course of his employment.
11. Limitation of Liability
(1) Except as otherwise provided in these Conditions, the liability of the Contractor in respect of claims for physical loss, mis-delivery of or damage to Goods, howsoever arising, shall in all circumstances be limited to the lesser of:
(a) the value of the Goods actually lost, mis-delivered or damaged; or
(b) the cost of repairing any damage or of reconditioning the Goods; or
(c) a sum calculated at the rate of £100 Sterling per tonne on the gross weight of the Goods actually lost, mis-delivered or damaged; and the value of the Goods actually lost, mis-delivered
or damaged shall be taken to be their invoice value if they have been sold and shall otherwise be taken to be the replacement cost thereof to the owner at the commencement of transit, and in
all cases shall be taken to include any Customs and Excise duties or taxes payable in respect of those Goods: Provided that:
(i) in the case of loss, mis-delivery of or damage to a part of the Goods the weight to be taken into consideration in determining only the gross weight of that part regardless of whether
the loss, mis-delivery or damage affects the value of other parts of the Goods;
(ii) nothing in this Condition shall limit the liability of the Contractor to less than the sum of £10;
(iii) the Contractor shall be entitled to proof of the weight and value of the whole of the Goods and of any part thereof lost, mis-delivered or damaged;
(iv) the Client shall be entitled to give to the Contractor written notice to be delivered at least 7 days prior to commencement of Storage requiring that the £100 per tonne limit in
11 (1)(c) above be increased, but not so as to exceed the value of the Goods, and in the event of such notice being given the Client shall be required to agree with the Contractor
an increase in the Storage charges in consideration of the increased limit, but if no such agreement can be reached the aforementioned £100 per tonne limit shall continue to apply.
(2) The liability of the Contractor in respect of claims for any other loss whatsoever (including indirect or consequential loss or damage and loss of market), and howsoever arising in connection with the Goods, shall not exceed the amount of the Storage charges in respect of the Goods or the amount of the claimant’s proved loss, whichever is the lesser, unless;
(a) at the time of entering into the Contract with the Contractor the Client declares to the Contractor a special interest in Storage in the event of physical loss mis-delivery or damage and agrees to pay a surcharge calculated on the amount of that interest, and
(b) at least 7 days prior to the commencement of Storage the Client has delivered to the Contractor written confirmation of the special interest and amount of the interest.
12. Indemnity to the Contractor
The Client shall indemnify the Contractor against:
(1) all liabilities and costs incurred by the Contractor (including but not limited to claims, demands, proceedings, fines, penalties, damages, expenses and loss of or damage to the place of storage and to other goods Stored) by reason of any error, omission, mis-statement or misrepresentation by the Client or other owner of the Goods or by any servant or agent of either of them, insufficient or improper packing, labelling or addressing of Goods or fraud as in Condition 10;
(2) all claims and demands whatsoever (including for the avoidance of doubt claims alleging negligence), by whomsoever made and howsoever arising (including but not limited to claims caused by or arising out of the Storage of Dangerous Goods and claims made upon the contractor by HM Customs and Excise in respect of dutiable goods consigned in bond) in excess of the liability of the Contractor under these Conditions in respect of any loss or damage whatsoever to, or in connection with, the Goods whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Contractor, its servants, agents or subcontractors.
13. Time Limits for Claim
(1) All claims for damage to or physical loss or mis-delivery of or failure to release any Goods and any claim referred to in Condition 11(2) shall be made in writing by the Client within seven days after release of the Goods alleged to be damaged or, in the case of Goods alleged to be lost or mis-delivered or which the Contractor fails to release, within seven days after the time when the Goods should in the ordinary course of events have been released and the Contractor shall be under no liability unless such claim is made within the time stipulated: Provided that if the Client proves that
(a) it was not reasonably possible for the Client to advise the Contractor or make a claim in writing within the time limit applicable, and
(b) such advice or claim was given or made within a reasonable time; the Contractor shall not have the benefit of the exclusion of liability afforded by this Condition.
(2) The Contractor shall in any event be discharged from all liability what-so ever and howsoever arising in respect of the Goods unless suit is brought within one year of the date when the Goods were released or should, in the ordinary course of events, have been released.
(3) In the computation of time where any period provided by these Conditions is seven days or less, Saturdays, Sundays and all statutory public holidays shall be excluded.
(1) The Contractor shall have a general lien against the Client, where the Client is the owner of the Goods, for any monies whatever due from the Client to the Contractor. If such a lien is not satisfied within a reasonable time, the Contractor may, at its absolute discretion sell the Goods, or part thereof, as agent for the Client and apply the proceeds towards the monies due and the expenses of the retention, insurance and sale of the Goods and shall, upon accounting to the Client for any balance remaining, be discharged from all liability whatever in respect of the Goods.
(2) Where the Client is not the owner of the Goods, the Contractor shall have a particular lien against the said owner, allowing the Contractor to retain possession, but not to dispose of, the Goods against monies due from the Client in respect of the Goods.
15. Impossibility of Performance
The Contractor shall be relieved of its obligations to perform the Contract to the extent that the performance thereof is prevented by failure of the Client, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of the Contractor.
All written communications from the Contractor to the Client shall be deemed to have been served if delivered or posted to the last known address of the Client.
17. Law and Jurisdiction
The Contract shall be governed by English law, except in the case of Goods stored solely in Scotland when it shall be governed by Scots Law, and United Kingdom courts alone shall have jurisdiction in any dispute between the Contractor and the Client.