Intercity Communications Ltd.,

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.