ROADRUNNERS DESPATCH LTD, of 1 Westfield Lane, Woodborough, Nottingham, NG14 6EP (hereinafter referred to as "the carrier") is not a common carrier and accepts consignments for carriage only upon that condition and the conditions set out below. No servant or agent of the carrier is permitted to alter or vary these conditions in any way unless expressly authorised to do so.
All and any business undertaken, including any advice, or information given, or service provided, is transacted subject to the conditions hereinafter set out, and each condition shall be deemed to be incorporated in, and to be a condition of, any agreement between the carrier and its clients.
In these conditions:
"Client" means the customer who contracts for the service of the carrier.
"Contract" means the contract of carriage between the client and the carrier.
"Consignment" means goods in bulk or contained in one parcel, package or container, as the case may be, or any number of separate parcels, packages or containers sent at one time in one load by or for the client from one address to one address.
"Dangerous Goods" means consignments which are specified in the special classifications of dangerous goods issued by the British Railways Board or which, although not specified therein, are not acceptable to the British Railways Board for conveyance on the ground of their dangerous or hazardous nature, or, goods which although are not included in the above, are of a similar kind.
PARTIES AND SUB-CONTRACT
1. The client warrants that he is either the owner of the goods in any consignment, or is authorised by such owner to accept these conditions on such owner's behalf.
2. The carrier and any other carrier employed by the carrier may employ the services of any other carrier for the purpose of fulfilling the contract in whole or in part.
The client warrants that all consignments entrusted to the carrier have been properly and sufficiently packed, labelled and prepared. Dangerous goods will be carried if previously notified to and agreed by the carrier.
All offers and quotations by the carrier for its services are given on the basis of prompt acceptance by the client and shall only remain open for acceptance for a period of seven days unless revoked, withdrawn, or verified by the carrier prior to such acceptance.
3. ACCOUNT FACILITIES
All credit accounts are rendered at such periodic intervals as shall be the carrier's policy from time to time and are subject to settlement within thirty days of the date of the invoice. Where payment is not received by that date, any offer by the carrier to give a credit or discount for prompt settlement will automatically be deemed to be withdrawn and the carrier reserves the right to impose a surcharge on all outstanding balances.
The carrier shall only be responsible for loss or damage, for any non-delivery or mis-delivery, if it is proved that any such loss, damage, non-delivery occurred whilst the consignments were in the actual custody of the carrier (excluding storage overnight or at any other time) or the carrier's agent, and that such loss, damage, non-delivery or mis-delivery was due to negligence or default of the carrier.
The carrier indemnifies the client for loss or damage to an upper limit of £1000 (one thousand pounds sterling) per consignment and shall be at liberty to self-insure this indemnity if he so wishes. The carrier advises the client to insure against higher value risks. No consequential risk claims will be accepted.
6. LOADING AND UNLOADING
When collection or delivery takes place at the client's premises, the carrier shall not be under any obligation to provide any plant, power or labour in addition to the carrier's driver, required for loading or unloading at such premises. When the carrier is called upon to load or unload consignments requiring special appliances for loading or unloading, the carrier shall be under no liability whatever to the client for any damage whatever, however caused, arising out of such loading or unloading and the client shall indemnify the carrier against all claims and demands whatever, which could not have been made if such assistance had not been given.
Transit shall commence when the carrier takes possession of the consignments whether at the point of collection or at the client's premises. Transit shall end when the consignments are tendered at the required delivery point. Provided that; If no safe and adequate unloading facilities there exist, then transit shall be deemed to end at the expiry of one hour after notice by telephone of the arrival of the consignments at the clients required destination.
The carriers charges shall be payable by the client without prejudice t o the carriers rights against the consignee or any other person.
8. IMPOSSIBILITY OF PERFORMANCE
The carrier shall be relieved of his obligation to perform the contract to the extent that the performance there-of is prevented by Act of God, Fire, Weather Conditions, Industrial Dispute, Labour Disturbance or cause beyond the reasonable control of the carrier.
All agreements between the carrier and the client shall be governed by English Law and be within the exclusive jurisdiction of the English Courts.