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| Definitions | |
| "Carrier" means OnTime A2Z Ltd. Southampton. which expression shall, unless the context requires otherwise, include any sub-contractor
appointed by the Carrier pursuant to Clause 3 below. "Customer" means the person or company who contracts for the services of the Carrier, including any other carrier who gives a Consignment to the Carrier for carriage. "Contract" means the contract of carriage between the Customer and the Carrier, which shall be made subject to these Terms and Conditions. "Consignee" means the person or company to whom the Carrier contracts to deliver the Consignment. "Consignment" means goods in bulk or contained in one parcel, package, container or envelope, as the case may be, or any separate number of parcels, packages, containers or envelopes sent at one time in one load by or for the Customer from one address to one address. For the avoidance of doubt, the expression "goods" shall include papers and documents other than those expressly excluded in these Terms and Conditions. "Dangerous Goods" means dangerous substances as defined in the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 (and any amendment or replacement thereof), explosives, radioactive substances and any other substance presenting a similar hazard. |
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| General | |
| The Carrier is not a common carrier and accepts at its sole discretion Consignments for carriage only upon that condition and the erms and Conditions contained herein. Save as may be agreed in writing by a Director of the Carrier, no servant or agent of the Carrier is permitted to alter or vary these Terms and Conditions in any way. | |
| Authority and Sub-Contracting | |
| 1.1 The Customer warrants that he is either the owner of the goods in any Consignment or is authorised by such owner to accept these
Terms and Conditions on such owner's behalf. 1.2 The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the purposes of fulfilling the contract in whole or in part and the name of every such other carrier shall be provided to the Customer upon request. 1.3 The Carrier contracts for itself and (subject to paragraph 3.4) as agent of and trustee for its servants and agents and all other carriers referred to in paragraph 3.2 above and such other carriers' servants and agents. 1.4 Notwithstanding paragraph 3.3, the carriage of goods in any Consignment by rail, sea, inland waterway or air is arranged by the Carrier as agent of the Customer and shall be subject to the terms and conditions of the rail, shipping, inland waterway or air carrier contracted to carry the Consignment. |
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| Dangerous Goods | |
| Dangerous Goods must be disclosed by the Customer in advance and if the Carrier agrees to accept them for Carriage they must be classified, packed and labelled in accordance with the statutory regulations for the carriage by road of the substance(s) declared. | |
| Transport Emergency Cards | |
| ("Tremcards") or information in writing in the manner required by the relevant statutory provisions or by the relevant body authorised by statute to make regulations must be provided by the Customer in respect of each substance and must accompany the Consignment. | |
| Delivery | |
| 2.1 Unless the Carrier has agreed in writing to the contrary with the Customer: 2.1.1 The Carrier shall not be under any obligation to provide any plant, power or labour required for loading or unloading the Consignment, other than that carried by the vehicle used by the Carrier; 2.1.2 The Customer warrants that any special equipment required for loading or unloading the Consignment that is not carried by the Carrier's vehicle will be provided or procured by the Customer; 2.1.3 The Carrier shall be under no liability whatsoever to the Customer and the Customer shall indemnify and hold harmless the Carrier for any damage, however caused, if the Carrier is instructed to load or unload any goods requiring special equipment if such equipment has not been provided or procured by the Customer. |
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| Undelivered or Unclaimed Goods | |
| 3.1 Where the Carrier is unable for any reason to deliver a Consignment to the Consignee or as he may order, or when by paragraph 7.2
above transit is deemed to be at an end, the Carrier may sell the goods comprising the Consignment. Payment or tender of the proceeds after deduction of all proper
charges and expenses in relation thereto and of all outstanding charges in relation to the carriage and storage of the Consignment shall (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
the Consignment. 3.2 Notwithstanding the generality of paragraph 8.1 above, the Carrier shall use his reasonable endeavours to obtain a reasonable price for the Consignment and the Carrier's power of sale shall not be exercised where the name and address of the Customer or of the Consignee is known unless the Carrier shall use its reasonable endeavours to give notice to the Customer and to the Consignee that the goods will be sold unless within the time specified in such notice, being a reasonable time in the circumstances from the giving of such notice, the goods are taken away or instructions are given for their disposal. |
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| Limitation of Liability | |
| 4.1 The liability of the Carrier for loss of or damage to any Consignment shall be limited to a maximum of £10,000 when carried in a
car/van whether such loss or damage was due to the fault or negligence of the Carrier or its servants, agents or employees or otherwise. If the Customer wishes to
arrange a higher level of liability in respect of any Consignment, then it should apply to the Carrier who may be able to arrange this at an additional charge
to the Customer. 4.2 Where the misdelivery, loss or damage howsoever sustained is in respect of a part only of the Consignment, the Carrier's liability shall be limited to the actual value of that part of the Consignment or where such can not be readily ascertained a sum representing the proportion which the part of the Consignment misdelivered, lost or damaged represents of the total Consignment based on the open market value of the total Consignment. 4.3 The Carrier shall not in any circumstances be liable for any indirect loss or damage or for loss of profit or for loss of a particular market whether held daily or at intervals. 4.4 The Carrier shall be entitled to receive written proof of the value of the Consignment damaged or lost and shall be afforded by the Customer a reasonable opportunity to inspect the Consignment when delivery has been effected to the Consignee. 4.5 The Carrier shall only be liable for loss or damage occurring within the geographical limits of Great Britain. For journeys outside these limits, liability shall be restricted to the amount of cover provided by the international agent or carrier chosen at the Carrier's absolute discretion. |
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| Fraud | |
| The Carrier shall not in any circumstances be liable in respect of a Consignment where there has been fraud on the part of the Customer or the owner of the Consignment or any part thereof or the servants or agents of either of them in respect of that Consignment, unless the fraud has been contributed to by the complicity of the Carrier or of any servant of the Carrier acting in the course of his employment. | |
| Terms and Overdue Accounts | |
| 5.1 Statements will only be sent to customers where settlement is overdue. 5.2 When is necessary to send a statement , write a reminder letter, make a phone call , or chase payment by some other means, administration charge will be added (a min of £30 thirty pounds). Interest will also be charge at 3% per month on all overdue accounts. 5.3 Court action will be taken to recover overdue accounts as necessary. |
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| updated 10th June 2008 | |
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