Terms and Conditions

 

These conditions set down the basis on which Credit Crunch Couriers (hereinafter known as the "carrier") will carry goods for the Customer.
The Carrier is not and does not contract as a common carrier. These conditions may not be altered or varied in any way unless express agreement in writing to that effect is made by the parties to the contract. These conditions cannot and do not override any statutory provisions imposed by law or the applicable international convention.
1. Definitions
In these Conditions
1.1 Carrier means the person (corporate or otherwise) who contracts with the customer to carry the goods
1.2 Consignee means the person (corporate or otherwise who may or may not be the customer) to whom the goods are dispatched for delivery by the carrier.
1.3 Consignment means goods dispatched at one time in one load from one address to another within the United Kingdom.
1.4 Consignor means the person (corporate or otherwise who may or may not be the customer) who supplies the goods to the Carrier for carriage.
1.5 Contract means the Contract of carriage between the customer and Carrier.
1.6 Customer means the person (corporate or otherwise) who contracts with the carrier for the carriage of goods.
1.7 Dangerous Substances means goods falling within the definitions of Dangerous Substances as defined by statute for the time being in force and pertaining to the classification, packaging, labelling and carriage by road of Dangerous Substances.
1.8 Day means any day Monday to Friday inclusive other than a bank or statutory holiday, excluding the delivery day and the day on which any claim or notification is first made.
2. Principal Parties and Sub-Contractors
2.1 The customer contracts as the legal owner of the goods or as the authorised agent of such legal owner in which case the Customer warrants that he has the authority to accept these Conditions on behalf of the legal owner.
2.2 Unless written instructions the contrary are received from the Customer, the Carrier may sub-contract part or the whole of the carriage provided that the name of every sub-contracted carrier shall be provided to the customer on request.
2.3 The Carrier may not sub-contract the carriage of Dangerous Substances without the prior written consent of the customer.
2.4 Subject to the limitations in condition 10, the Carrier shall be responsible for the acts and omissions of his agents and servants and of any other persons of whose services he makes use of the performance of the carriage.

3. Loading and Unloading
3.1 The Carrier shall provide such plant, facilities or labour as may be requested by the customer and agreed by the Carrier for loading and unloading the consignment.
3.2
(a) The Carrier shall normally be required to provide service other than the service of transport of the consignment from the designated place of collection to the designated place of delivery unless any such service has been requested by the Customer and agreed by the Carrier.
(b) The Carrier must make the Consignment reasonably accessible on the vehicle at the place designated for delivery.
3.3
(a) The Customer shall be responsible for the provision of any special equipment that may be required for loading the consignment on or unloading the Consignment from the vehicles unless arrangements to the contrary are agreed between the Carrier and the Customer prior to dispatch.
(b) Notwithstanding 2(a) and 3(a) above, the Carrier shall be responsible for any loss or damage to the goods resulting from his loading of the Consignment to or unloading of the Consignment from the vehicle except to the extent that such loss or damage is caused as a result of defective equipment provided by the Customer under 3(a) above, or any acts or omissions of the Customer, his servants or agents.

4. Dangerous Substances
4.1 The contract for the carriage of Dangerous substances shall be voidable by the Carrier and the Carrier shall have no liability unless, prior to the loading the Carrier receives precise and correct identification of the substances and has agreed to accept the same for carriage.
4.2 The customer shall be responsible for ensuring that such substances and all other relevant information as specified by any statutory requirements for the time being in force.
4.3 The Carrier and Customer shall comply with all statutory requirements for the time being in force in respect of the carriage of Dangerous Substances by road.

5. Consignment Notes/Receipts.
5.1 The Carrier shall sign a document acknowledging the receipt for Carriage of the quantity and description of the Consignment loaded to the vehicle, to the extent ascertainable by visual inspection.
5.2 The Carrier shall obtain a signed receipt of delivery of the Consignment from the Consignee unless otherwise agreed with the Customer.

6. Carriers Responsibilities.
6.1 The Carriers responsibility for the consignment shall end when the Carrier relinquishes physical control of the Consignment at the point of collection or by receiving the same at the Carriers premises.
6.2 The Carriers responsibility for the consignment shall end when the Carrier relinquishes physical control of the consignment at the proper place of delivery or the Consignment is presented at the proper place of delivery at the Consignee's stipulated delivery address within normal business hours allowing sufficient time for unloading.
6.3 The Customer has the right to request the Carrier to stop the goods in transit, to change the place at which delivery is to take place or to deliver the goods to a Consignee other than the designated Consignee always provided that the carrying out of such instructions is possible at the time when the instructions reach the Carrier and does not interfere with the normal working of the Carrier and does not either interfere with the normal working of the Carriers undertaking or prejudice the Consignors or Consignees of other consignments or prejudice the health and safety of employees or members of the public.
6.4 the Customer shall be liable for the Carriers reasonable additional charges in the circumstances in 6.3 above.

7. Carriers Charges
7.1 The Carriers charges shall be payable by the customer provided always that, when goods are consigned "Carriage forward" the Consignee shall have primary responsibility for the payment of the carriage charges and the Customer shall indemnify the Carrier for payment of such charges in the event of default by the Consignee.
7.2 Payment of the Carriers charges shall not be withheld pending the settlement of claim which the Customer may have against the Carrier.

8. Disposal of The Goods By The Carrier
8.1 In the event that the Carrier is unable for any reason beyond it's reasonable control to deliver the Consignment in accordance with the Contract or to carry out the Customer's instructions in accordance with Condition 6.3 hereof, the Carrier shall seek further instructions from the Customer. The Carrier's reasonable additional charges for retaining the goods pending arrival of such further instructions and of carrying out those instructions shall be chargeable to the Customer.
8.2 Subject to the provisos contained in 8.2 sub-clauses a-c where the Carrier is unable to obtain further instructions from the Customer in accordance with 8.1 above, the Carrier may sell the goods. Payment or tender of the net proceeds to the Customer after deduction of all carriage, storage and disposal charges and expenses in relation to the goods (without prejudice to any claim or right which the Customer may have against the Carrier otherwise arising under these conditions) discharge the Carrier from all liability in respect of such goods, there carriage and storage.
(a) The goods may not be sold unless the Carrier shall have made reasonable efforts (having regard, if appropriate, to the perishable nature of the consignment) to notify the Customer of the Carrier's intention to sell the goods. The goods may then be sold unless within a reasonable time (such to be specified in the notice) the Customer shall have arranged to collect the goods or given instructions for their disposal.
(b) Pending the expiry of such periods of notice as aforesaid and of disposal of the goods under these provisions the Carrier shall at the expense of the Customer have authority to arrange proper storage of the Consignment.
(c) In the event of a sale under this Condition the Carrier shall do what is reasonable to obtain the market value of the Consignment (subject to any unavoidable deterioration thereof)

9. Liability For Loss Or Damage Or Delay
9.1 Subject to these Conditions, the Carrier shall be liable for:
(a) Any loss or damage to any goods in a Consignment occurring whilst the Carrier has responsibility for the Consignment in accordance with Condition 6 thereof.
(b) Any delay in the carriage of any goods in a Consignment arising from the negligence of the Carrier.

10. Limitation Of Liability Of Carrier
10.1 Unless otherwise agreed in writing between the Customer and the Carrier, the liability of the Carrier in respect of loss or damage to goods whilst they are the responsibility of the Carrier in accordance with the Condition 6 hereof shall be limited as follows.
(a) Where the whole Consignment is lost or damaged, to a maximum rate of £15,000 per consignment for the direct same day service.
(b) Where part of the Consignment is lost or damaged, to such actual proportion by weight as that part of the Consignment bears to the whole Consignment at the said maximum rate of £15,000 per consignment.
(c) For the purpose of this Condition the value referred to is the valuation of the goods at the time they are accepted for Carriage.
Provided that:
(i) No claims shall be admitted by the Carrier pending it's receipt of proof of the value of the complete consignment or of any part thereof lost or damaged;
(ii) The limitation of liability in this Condition shall not be available to the Carrier in respect of claims or penalties imposed by the Commissioners of Customs and Excise in respect of dutiable goods consigned in bond where such claims arise from the Carrier's negligence or misrepresentation.