TERMS AND CONDITIONS OF BUSINESS
All and
any business undertaken, including but not limited to any advice or information
given or service provided, whether gratuitously or not, by POINT TO
POINT COURIERS LIMITED., hereinafter called the company, is transacted
subject to the conditions set out herein and each condition shall be deemed
to be incorporated in and be a condition of any agreement between the
company and its customers.
In these
terms of business, the expression 'The Company' shall include, unless
specifically agreed to the contrary, the company's servants or agents
or any subcontractor appointed by the company. 'Customer' means any person
or company who contracts for the services of the company and includes
the customer's servants, agents or subcontractors and shall include anyone
with apparent authority unless written instructions shall have been given
to the contrary.
The company
is not a common carrier and will accept goods for carriage only on these
conditions.
Customers
entering into transactions of any kind with the company for the carriage
of goods expressly warrant that they are the authorised owners or agents
of the goods to which the transactions relate and that they are authorised
to accept and do accept these terms of business for themselves as agents
for and on behalf of any other persons who are now or may at any time
hereafter become interested in the goods.
The company
shall at its own absolute discretion fulfil all or any part of the contract
of carriage by its own servants or employees or by entrusting the carriage
of goods to any person as the company in its absolute discretion shall
decide.
The customer
warrants that all goods entrusted to the company for carriage have been
properly and sufficiently packaged and labelled and are adequately protected
for the mode of transport to be employed. In particular, but not by way
of limitation, the company shall not be liable for loss or damage attributable
to wet, friction or other risks inherent in transport by motorcycle unless
prior arrangements have been made with the company. If any goods shall
be received from any previous carriers then the company shall not be liable
for any loss, no matter how caused, unless the company through its servants,
agents, employees or subcontractors shall have had the opportunity to
inspect the goods and the customer shall be responsible for repackaging
the said goods.
All goods
carried by the company are insured under the company's own insurance policy
to a total of £5,000.00 per consignment.
If any consignment
is worth more than £5,000.00, then such consignment shall be carried at
the customer's own risk unless prior arrangements have been made. In any
event, the company shall not be liable for any loss, no matter how caused
or of what nature, unless advised thereof in writing within 7 days and
provided with a fully detailed and quantified claim within a further 21
days.The
company will not accept or deal with any bullion, money (which term shall
not include crossed cheques), jewellery, precious stones, valuables, antiques,
livestock, plants, perishables unless prior arrangements have been made
by the customer. If, notwithstanding this section, the customer shall
deliver to the company any such goods, then the company shall not be liable
in any way whatsoever for any loss for or in connection with the goods
no matter how it shall arise.
The company's
liabilities in respect of deeds, documents, papers, photos, artwork, computer
disks, video and audio tapes, magtapes, plans, drawings and other items
of a similar nature shall be limited to the material value of the items
carried and shall not extend to the value of the contents of the deeds
etc., nor to any consequential losses including, but not limited to commercial
losses.
Any loss
suffered by the customer by reason of the customer's failure to notify
the company of any of the circumstances set out in paragraphs above shall
be borne entirely by the customer unless prior arrangements shall have
been made with the company to provide insurance against any such risk
and the customer shall have agreed to bear the cost of such special insurance.
The company
undertakes to use its best endeavours to arrange any such special insurance
requested by the customer within the time available but shall not be
liable in any way whatsoever if it is unable to arrange suitable cover.
The company shall notify the customer if it is unable to arrange special
insurance and if, notwithstanding the absence of such special insurance,
the customer instructs the company to continue with the transaction,
then the company shall proceed entirely at the customer's risk.
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