| Intercity Communications (hereinafter
called "the carrier") accepts goods for carriage subject to the
conditions (hereinafter called "these conditions") set out below
and each condition shall be deemed to be incorporated in and to
be a condition of any agreement between the carrier and the customer.
No agent of or person employed by or under contract with the carrier
has any authority to offer or vary any of these Conditions unless
he is first expressly authorised in writing by the carrier to make
the particular alteration or variation. |
1. DEFINITIONS
In these conditions the following expressions shall have the meanings
hereby respectively assigned to them that is to say; |
| a |
'Carrier' means and (Unless the context
otherwise requires) includes the Carrier's servants, agents, sub-contractors
and or any persons carrying goods under any contract with the Carrier
or such a person or persons. |
| b |
'Customer' means any person who contracts
for the services of the Carrier and includes the Customer's servants
or agents. |
| c |
'Package' means an outer container
containing either unpacked items or any number of smaller containers. |
| d |
'Consignment' means carried at one
time in one load for one customer from one address to one other
address and whether in one or more packages. |
| e |
'Excepted goods'
means |
|
| (i) |
Goods which are specified in the special
classification of dangerous goods issued by the British Railways
Board or which although are not specified they are not acceptable
to the British Railways Board for conveyance on the grounds of their
dangerous or hazardous nature, |
| (ii) |
Goods which though not included in (i)
above are of a kindred nature and, |
| (iii) |
Bills of exchange, promissory notes,
money for securities, stamps, precious stones, jewellery, bullion,
coins, negotiable instruments, antiques, works of art, articles
of damageable nature, bank notes, animal skins or any perishable
organic items. |
| f |
'Contract' shall mean the contract
of carriage between the Customer and the Carrier. |
|
2. CARRIER IS NOT A COMMON CARRIER
The carrier is not a common carrier and will accept goods for
carriage only on these conditions.
|
|
3. PARTIES AND SUB-CONTRACTING
|
| (1) |
Every Customer entering into a contract
shall be deemed to be either the owner or the duly authorised agent
of the owner of every consignment and every constituent part thereof
to which the Contract relates as regards the making of the contract,
the acceptance of these conditions and all matters of every nature
arising thereout and shall also be deemed to be authorised to accept
these conditions on behalf of all other persons who are or may thereafter
become interested in the subject matter of the contract. |
| (2) |
The carrier reserves the right of
its absolute discretion to fulfil any Contract either in whole or
in part by its own servants, sub-contractors, agents or by employing
or instructing or entrusting the fulfilling thereof either in whole
or in part to others. |
| (3) |
The Carrier makes the Contract on
his own behalf and as agent for any other person who is entrusted
to fulfil the Contract under clause 3(2) above. Any such person
shall be entitled to the benefit of the Contract and shall be under
no liability whatsoever to the customer or anyone claiming through
or under him in respect of the subject matter thereof otherwise
than in accordance with these Conditions. |
|
4. EXCEPTED GOODS
The Carrier does not accept excepted goods for carriage. Should
the Carrier receive from any Customer items for Carriage which
unbeknown to the Carrier be excepted goods the Customer shall
indemnify the Carrier against all loss, damage or injury however
caused arising out of the carriage of those excepted goods.
|
|
5. CONSIGNMENT NOTES
The Carrier will, if required, sign a document prepared by the
Customer or other person delivering a consignment to the Carrier
acknowledging the receipt thereof but no such document shall be
evidence of the condition or of the correctness of the declared
nature, quantity or weight of the consignment or any constituent
package at the time it is received by the carrier.
|
|
6. TRANSIT
|
| (1) |
Transit shall be deemed to commence
when the consignment is handed to the carrier whether at the point
of collection by the Carrier or at the Carrier’s premises. |
| (2) |
Transit shall (unless previously
determined) and when the consignment is tendered at the usual place
of delivery of the consignee’s stated address within the customary
cartage hours of the district provided that: |
|
a. |
if no safe and adequate access or
no adequate unloading facilities there exist then transit
shall be deemed to end at the expiry of one clear day after notice
in writing (or by telephone if so previously agreed in writing)
of the arrival of the consignment at the Carriers premises has been
sent to the Consignee. |
|
b. |
When for any other reasons whatsoever
a consignment cannot be delivered or when a consignment is held
by the Carrier ‘to await order’ or ‘to be kept until called for’
or upon any like instructions then transit shall be deemed to end
when instructions are fulfilled or at the expiry of seven days from
the date on which the consignment was first delivered to the Carrier
(Which shall first occur). |
|
c. |
When transit has ended the Carrier
shall be entitled to store the goods at the sole risk of the Customer
and shall be not be liable for any loss of or damage to the Consignment
unless it is proved that such loss of or damage was caused by the
wilful misconduct of the carrier. In addition the Carrier shall
be entitled to recover reasonable storage charges from the Customer. |
| (3) |
Subject to express instructions given
by the Customer the Carrier reserves to itself absolute discretion
as to the means, route and procedure for any transit and in the
handling, storage and transportation of any consignment. Further,
if in the reasonable opinion of the Carrier it is at any stage necessary
or desirable in the Customers interests to depart from the express
instructions the Carrier shall be at liberty to do so. |
| (4) |
The Carrier retains the right of refusal
for any package or Consignment it deems too large, too delicate
or too heavy to be carried by the vehicle contracted to the Customer
to carry out that contract. |
7. LIABILITY
Subject to these conditions the Carrier shall be liable to the Customer
for any loss, non-delivery or mis-delivery of any Consignment or
any part thereof or damage thereto if it is proved that this was
caused by the neglect or default of the Carrier. |
8. EXCLUSIONS OF LIABILITY |
|
The Carrier shall not be liable for
any loss, non-delivery or mis-delivery of or damage to a consignment
or any part thereof, which arises from: |
| a |
Wear and tear, moths, vermin, depreciation,
delay or natural deterioration. |
| b |
Earthquake, war, invasion act of foreign
enemy, hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection or military or usurped power,
riot, strike or civil commotion. |
| c |
Ion radiations or contamination by
radio activity from any nuclear fuel or from any nuclear waste from
the combustion of nuclear fuel. |
| d |
Radioactive toxic explosive or other
hazardous properties of any explosive nuclear assembly or nuclear
component thereof. |
| e |
Pressure waves caused by aircraft or
other aerial devices travelling at sonic or supersonic speeds. |
| f |
Seizure under legal process. |
| g |
Act of omission from the Customer,
Consignee or owner of the Consignment or of the servants or agents
of any of them. |
| h |
Insufficient or improper packing. |
| i |
Insufficient or improper labeling or
addressing. |
| j |
Theft, pilferage or any attempt thereof
from any unattended vehicle. |
| k |
Consignee not taking or accepting delivery
within a reasonable time. |
| l |
Fraud on the part of the Customer,
the Consignee or the owner of the Consignment or any part thereof
or the servants or agents of any of them in respect of that Consignment. |
| m |
Indirect or inconsequential loss or
damage. |
| n |
Loss of a particular market whether
held daily or at intervals. |
9. LIMITATION OF LIABILITY
The liability of the Carrier for the loss of or damage to any consignment
shall be limited to a maximum of £1,000 (one thousand pounds) at
the rate of £1,000 per tonne (1,000 kilos) or part thereof or if
less such proportion of 1,000 on the value of the Consignment bears
to the total value of the Consignments in transit on the vehicle
in question at the time of the loss or damage and this limit shall
apply whether such loss or damage was due to default or negligence
of the Carrier or its servants, agents or employees or otherwise
PROVIDED ALWAYS THAT the Carrier shall be entitled to require proof
of the value of the Consignment or other part thereof loss or damaged.
Additional insurance can be arranged for a nominal fee subject to
48 hours notice to the Carrier. |
10. TIME LIMIT FOR CLAIMS
The Carrier shall not be liable: |
| a. |
|
|
(i) |
For loss from a package or from an
unpacked consignment or |
|
(ii) |
For damage, deviation, mis-delivery,
delay or detention unless the Carrier is advised thereof in writing
(otherwise than upon a consignment note or delivery document) within
three days after the termination of transit and the claim is made
in writing within a further fifteen days after the commencement
of transit. |
| b. |
For loss or non-delivery of the whole
of the consignment or of any package forming part of the consignment
unless the Carrier is advised of the loss or non-delivery in writing
(otherwise than upon a consignment note or delivery document) within
five days and the claim be made in writing within fifteen days after
the commencement of transit. |
11. CARRIERS CHARGES |
| 1 |
The Carriers charges for carriage shall
be payable by the Customer without prejudice to the Carrier rights
against the Consignee or any other person says that when goods are
consigned ‘carriage forward’ the Customer shall be not be required
to pay such charges unless the Consignee fails to pay after a demand
has been made within a reasonable period. |
| 2 |
A claim or counter-claim shall not
be made the reason for deferring or withholding payment of monies
or liabilities incurred by the carrier. |
| 3 |
All sums shown due to the Carrier on
its invoices sent to the Customer shall be paid to the Carrier immediately
when due. |
| 4 |
All credit accounts are rendered weekly
and are subject to settlement within fourteen days of date of invoice.
Where payment is not received within that period the Carrier reserves
the right to impose a surcharge on all outstanding balances at the
rate of 3% per month and debit any discount given to the Customer. |
| 5 |
All credit accounts are subject to
a 10% administration charge. |
12. LIEN
The Carrier shall have special Lien on all consignments for charges
on such consignments and shall also have a general lien against
the owner or Customer or Consignee over any consignment for any
monies due from such owner or Customer or Consignee (‘the Debtor’)
to the Carrier. If any lien is not satisfied within seven days of
payment being demanded by the Carrier, the Carrier may at his absolute
discretion sell the consignment concerned or any parts thereof and
apply the proceeds in or towards discharge of the lien and the expense
of the sale and shall then hand any surplus to the Debtor. |
13. NOTICES
When a notice given in compliance with any of these conditions is
sent by post, service thereof shall be deemed to be made by properly
addressing, prepaying and posting and such notices unless the contrary
is proved, to have been effected at the time when the notice should
be delivered in the ordinary course of post. |
14. COMPUTATION OT TIME
In the computation of time where the period provided by these conditions
is ten days or less the following days shall not be included – Sunday,
Good Friday, Christmas Day and Boxing Day. |
15. ROYAL MAIL
We will not be liable for items outside of London, which have been
posted via the Royal Mail. |