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Express 2000 agrees
to provide its services on the conditions hereinafter set out
1. DEFINITIONS
Where the context so permits the following expressions
shall have the following meanings
(a) "The Company" means Express 2000
(b) "The Shipper" means the person who contracts either as principal
or as agent for the services of the Company both on his own behalf and
on behalf of any other person having any interest in the Consignment.
(c) "Consignment" means any article or articles of any sort
which may be, or be intended to be received by the Company from any one
consignor at any one address for carriage and delivery at any one time
to anyone consignee at any one other address.
(d) "The excepted risks" mean
(i) War, invasion, act of foreign enemy, hostilities (whether war be declared
or not), civil war, rebellion, revolution, insurrection or military or
usurped power, or loot, sack or pillage in connection therewith, and/
or
(ii) lonising radiations or contamination by radioactivity from any nuclear
fuel or form any nuclear waste from the combustion of nuclear fuel, and/
or
(iii) Radioactive, toxic, explosive or other hazardous properties of any
explosive nuclear component thereof, and/ or
(iv) Pressure waves caused by aircraft and other aerial devices travelling
at sonic or supersonic speed, and/ or
(v) The absence, failure or inadequacy of packing or packaging.
2. CARRIER AND AGENTS
(a) The Company is not a common carrier and will accept
goods for car-ri age only on these conditions.
(b) No objection will be taken to the use by the Company of the carrier
services of any airline or other carrier and the Company shall in such
case be entitled to the protection of all the terms hereof which exclude
or limit the liability of the Company.
(c) The Company shall be entitled to perform any of its obligations under
this contract by itself or by its agents or sub-contractors which expressions
shall include but not be limited to its ultimate parent company and subsidiary
thereof, and any such agent or sub-con-tractor shall be entitled to the
benefit of these conditions.
(d) The Company agent agrees to act on behalf of the shipper (also known
as consignor) in order to carry goods and/ or items by whichever means
the Company chooses to destination and consignee's address.
3. DELIVERY
(a) No time for delivery of the Consignment is guaranteed.
The Company undertakes to complete transit with reasonable despatch.
(b) Unless otherwise agreed transit shall be complete when the Consignment
is tendered for delivery to the Consignee at the address indicated by
the Shipper, or in the event that a customs or other authority will not
release the Consignment until certain formalities (including payment of
taxes, duties or other charges) have been completed by or on behalf of
the Consignee, when the Consignment is delivered to such customs or other
authority.
(c) The Company will make one attempt to deliver a Consignment during
normal working hours, i. e. between 9am and 5pm on a working day. If a
consignment cannot be delivered for any reason the Company will notify
the Shipper at the Shippers expense to enable the Shipper to make arrangements
to have the Consignment collected or returned.
4. COLLECT CHARGES
When a Consignment is accepted or dealt with upon instructions
to collect transportation charges, duties or other charges or expenses
from the consignee or any other person or when duties or other charges
are necessarily
incurred by the Company to enable it to effect delivery the Shipper shall
remain for the same and shall make payment thereof if they are not paid
by such consignee or other person when demanded.
5. LIABILITY
(a) Subject to the provision of the Warsaw Convention
(if applicable) the Company its servants or agents shall be liable to
the Customer for loss or damage cause to the Customer (whether direct
or consequential, howsoever arising and howsoever fundamental) only if
and
in so far as such losses or damage is caused by the negligence, breach
of duty or wrongful act or omission of the Company itself or its servants
acting within the course of their employment and such Inability shall
be limited to the value of the Consignment or £50 whichever is the
lesser,
(b) The Company its servants or agents shall not be liable to the Shipper
in any circumstances or to any extent whatever. in respect of loss or
damage as aforesaid, unless written notice is received by the Company
within 14 days in the case of damage to the whole or part of a Consignment,
and, in all other cases, 28 days of the date upon which the consignment
was collected or received by the Company.
(c) The Company its servant or agents shall not in any circumstances whatever
be liable for any loss or damage as aforesaid arising directly or indirectly
from or in consequence of any other the excepted risks, or for any expenses
whatsoever resulting or arising therefore.
(d) If the Company shall at any time be prevented from or delayed in starting,
carrying out or completing any service by reason of strikes, lockouts,
labour disputes, weather conditions, traffic congestion, mechanical breakdown,
the deficient or ambiguous addressing of any Consignment or any cause
whatever beyond the Company's control the Shipper shall have no claim
or damages or otherwise
against the Company its servants or agents for any consequential losses
as a result thereof,
(e) The Company and its servants cannot and will not accept any liability
beyond that set out above save that where the Warsaw Convention is applicable
(as described in Condition 6 hereof) the Company's liability wilt be whichever
is the more favourable to the Shipper of the limit set out in paragraph
(a) and the limit calculated in accordance with the Warsaw Convention.
(f) The Shipper shall be treated by the Company as sole beneficial owner
of each Consignment and will indemnify the Company and its servants against
any claim howsoever arising made by a third party in respect of any Consignment
or part thereof to the extent that such claim is outside or beyond the
liability of the Company to the Shipper as set out above and to the extent
that the aggregate of all such claims shall exceed the limited sums so
set out.
(g) The Company's moreover not liable for any amount in excess of £50
sterling in any event of damage or loss of items. Due to new regulations
Express 2000 cannot insure consignments. Express 2000 can direct shipper
to an authorised insurance company or broker if necessary.
6. WARSAW CONVENTION
If the transit involves an ultimate destination or stop
in a country other than the country of departure, the Warsaw Convention
as amended may be applicable and the Convention governs, and in most cases
limits. the
liability of the Company in respect of loss of or damage to Consignments.
7. PAYMENT
(a) Unless otherwise indicated, all charges are quoted
exclusive of any Value Added Tax, import, export and any other duties
or taxes which may be payable.
(b) Shippers who are granted credit facilities by the Company must pay
within 30 days of issue of invoices.
(c) Interest will be payable by the Shipper on all charges overdue during
the period from date of invoice to date of payment.
8. LIEN
The Company shall have a general lien against the Shipper
for any monies whatsoever due from the Shipper to the Company, if any
lien is not satisfied within a reasonable time the Company may at its
absolute discretion sell the
Consignment (or any part thereof) as agent for the Shipper and apply the
proceeds in or towards any monies due and the expenses of the sale, and
shall upon accounting to the Shipper for the balance remaining (if any)
be discharged from all liability whatsoever in respect of such Consignment.
9. UNLAWFUL AND RESTRICTED
CARRIAGE
(a) The Company shall not be required or caused to carry
or convey anything if such carriage or conveyance would be unlawful or
shall the Company carry any International Air Transport. Associated restricted
article. The Company reserves the right to refuse to carry any consignment.
(b) The Company reserves the right to open and inspect all items and to
not carry any item or items, for not only security purposes but to ensure
that contents of consignment do not contain any matter which might be
considered by any person or persons to be offensive nature to any person,
or persons or authorities of any country.
10. PARTIAL INVALIDITY
If any term or provision of these Conditions shall be
held void or un force-able, all the remaining terms and provisions contained
herein shall continue in full force and effect.
11. SHIPPER UNDERTAKINGS
The Shipper undertakes that:
(a) The Consignment shall be accepted at the address which it is to be
delivered and an appropriate receipt therefore shall be given to the Company's
representative escorting such Consignment, and such receipt shall be conclusive
evidence of delivery save where such receipt is be obtained ass result
of any fraud, collusion or dishonesty on the part of the Company's representative
(b) In the event of a strike of employees of the Shipper or of employees
of any other firm or Company the Company's servants or agents will not
be asked to perform any additional duties or any duties of a strike-breaking
nature.
12. EXCLUSIVE CONDITIONS
These Conditions in conjunction with the Warsaw Convention
referred to above (if applicable) and the operational details of the services
and the charges therefore:
(a) Shall constitute the entire contract between the Company and the Shipper
and there shall not be incorporated or be deemed to be incorporated the
provisions of any other document.
(b) Shall supersede the provisions of any previous contract warranty or
representation made or given relating to the same services as are described
overleaf.
13. VARIATION OF CONDITIONS
No variation, extension or cancellation of these Conditions
shall be binding upon the Company unless and until it is confirmed in
writing or under the hand of a Director or the Secretary of the Company
14. ENGLISH LAW
These conditions shall be construed in accordance with
the laws of England and the Courts of England shall have exclusive jurisdiction
in relation to any matters arising out of any contract to which these
items apply. Any claims payable shall be paid in the United Kingdom in
sterling.
15. COMMUNICATION
By agreeing to use the services of Express 2000/E2K and becoming a client we may in the future from time to time make contact by telephone, email or letter with you or your company to inform of any special offers and/or up to date service information and rates. Your details will not under any circumstances be shared with any third parties. If you do not wish to be kept on our database please let us know by email or writing.
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