Santos Express
Terms & Conditions
1 Parties
The parties to this agreement are:
1.1 SANTOS EXPRESS ( THE COURIER ) which expression shall where the context allows include his employees agents and subcontractors
1.2 The person firm or company named as Customer ( THE CUSTOMER )
2 Definitions
2.1 “ Courier” means Santos Express and includes the carrier’s drivers, agents and any person or persons carrying Goods under any contract with the carrier.
2.2 “ Conditions” means the Courier standard terms and conditions of trading set out in this document.
2.3 “Consignee” means the person to whom the Courier delivers the goods.
2.4 “The customer” means any person, firm, company or organisation to whom the Courier agrees to provide the services and includes the customer’s servants or agents.
2.5 “ dangerous Goods” means dangerous goods as defined in the carriage of dangerous goods by road regulations 1996 ( as amended, re-enacted or extended from time to time), and any other noxious, dangerous, hazardous, inflammable, or explosive goods likely to cause or encourage disease, vermin, pests or other hazard, or any goods likely to cause damage.
2.6 “fee” Means the fee to be paid by the customer to the Courier for the services as set out in the quotation.
2.7 “Goods” means goods o property, whether or not contained in separate parcels, packages, containers or envelopes to be delivered by the carrier for the customer, included any papers or documents.
2.8 “Services” means the delivery services provided by the carrier for the goods.
3 COURIER OBLIGATIONS
3.1 The courier should use its best endeavours to deliver the goods specified to the delivery address so specified about or before the time so specified.
3.2 The courier should not be liable for any delay in delivery caused by the unavailability at the delivery address of the consignee or other authorised recipient.
3.3 The should not be liable for loss of or damage to or mis-deliver or delayed delivery of the goods occasioned by :
3.3:1 Act of God including but not limited to storm tempest or flood
3.3:2 Act of war hostilities riot or civil commotion or the threat or fear of such conditions prevailing
3.3:3 Criminal malicious or negligent actions or acts or omissions of third parties
3.3:4 Industrial action or unforeseeable traffic conditions
3.3:5 The affect of ionising radiation or uncontrolled nuclear reaction
3.3:6 Suspension or cancellation of transport services by reason of or the threat or fear of inclement
Weather or any of the matters set out in clauses 3.3:1 to 3.3:5 inclusive
3.3:7 Fire-lighting or explosion
3.3:8 Seizure under legal process
3.3:9 Act default or omission of whatever nature of the customer his employees or agents or any
Person having any interest in the goods
3.3:10 Insufficient or improper packing labelling or addressing
4 CUSTOMERS OBLIGATIONS
Subject to provisions of this agreement the Customer undertakes:
4.1 That in relation to the goods the customer is either solely beneficially entitled to the goods or hasthe authority of all those interested in the goods to enter into this contract and to bind them to its terms.
4.2 In the event of any claim by any third party against the courier arising out of this contract to indemnify the courier against the claim and all legal and other costs incurred except to the extent that the customer establishes that the courier would have been liable to the customer had the original claim been made by the customer but on the assumption that the customer had retained title to the goods.
4.3 To give any instructions requested by the courier in pursuance of clause 3 above as soon as possibly practicable.
4.4 Advise the courier regarding the safe handling of the goods, including any specialist storage conditions .
4.5 Unless prior written arrangements are made between the Customer and the courier, the courier will not accept or deal with bullion, coins, precious stones, jewellery, valuables,livestock or plants. If the Customer delivers any such goods to the courier or causes the courier to handle or deal with ny such goods without such prior written arrangements the courier shall be under no liability whatsoever for or in connection with goods howsever arising.
5 LIMITATION OF LIABILITY
5.1 The liability of the courier in the event of loss of or damage to or mis-delivery of the goods (where the courier liability is not otherwise excluded ) shall not exceed the declared value of the goods specified or otherwise declared by the customer ( and pro rata in the case of an event affecting part only of the goods ) or the cost of repairing any danage or of recondition the goods subject allways to a maximum liability of £15000 per consignment or part thereof in the case of an event affecting part only of the consignment. Where the customer requires a higher value of cover this shall be expressly negotiated and agreed in writing. The value of the goods actually lost, damaged or mis-delivered shall be taken to be their invoice value if they have purchased by the customer or otherwise shall be taken to be the replacement cost to the owner at the commencement of transit and in all cases shall be taken to include any customs and excise duties or taxes payable in respect of the goods provided always that the courier shall be entitled to proof of value of the consignment or any part of it.
5.2 The liability of the courier for delay in delivery ( where the courier liability is not otherwise excluded) shall not exceed a sum equal to the carriage charges or a propotion of those charges in the case of an event affecting part only of the goods.
5.3 The courier shall not be liable for any physical loss, mis-delivery or damage to any theft-attractive goods, unless the courier has specifically agreed in writing prior to transit commencing to carry such items and the customer has agreed in writing to reimburse the carrier in respect of all additional costs including insurance cost wich result from the carriage of the sais items and the loss of mis-delivery or damage is occasioned during transit and is proved to be due to the negligence of the courier its servants or agents.
5.4 The courier shall not in any event be liable for any consequential loss whatsoever and howoever arising ( including in relation to theft attractive goods ) wich shall include without limitation all economic losses loss of profits increased management or labour costs loss of future business loss of reputation and goodwill loss of the market or falls in prices of whatever nature and all other damages costs or expenses or other indirect losses including any liability to or claims by any third party.
6 EXCLUDED GOODS
6.1 The customer shall not submit for carriage and the Courier may at any time abandon the carriage of goods of a type specified in clause 6.3 bellow
6.2 If the courier abandons goods in pursuance of clause 6.1 above he shall immediately notify the customer of the circumstances but shall be under no liability in respect of the safe-keeping of the abandoned goods
6.3 The following are excluded goods:
6.3.1 Explosive and inflammable articles firearms including parts of any firearms ammunition and detona
6.3.2 Dangerous goods
6.3.3 Any article prohibited as hand luggage by British Airways
6.3.4 Any article the possession of which in or the importation of which into any country from through or the carriage is to take place is illegal or prohibited
6.3.5 Human remains
6.3.6 Livestock
7 WARRANTIES and INDEMNITIES
The Customer shall indemnify the courier in respect of the whole of any fine or penalty or legal and other costs incurred by the Courier and any other loss outlay and expense substained by the Courier by reasonof the Customer breach of clauses 3, 4 and 6 above
7.1 The extent of the couriers responsibilities and liabilities are defined in these conditions and the customer shall save harmless and keep the courier indemnified from and against all claims costs and demands of whatsoever nature and by whomsoever made and whomoever arising from negligence or collection, carriage, storage and , or delivery of the customer Consignment
7.2 in the absence of written notice to the contrary given to the courier at the time of the delivery to them, all goods and the packaging within which they are contained are warranted by the customer to be fit to be carried and stored
7.3 The customer agrees that he will not submit to the courier any Consignment containing dangerous, verminous, infested, contaminated or condemned goods unless he shall first have given the courier in writing full details of the same and obtained the writing agreement of the courier to the submission of such Consignment
7.4 The Customer will be responsible for and will indemnify the courier against all losses damage and claims of whatoever nature made upon the courier for which the courier may be or became liable arising the tender of a consignment all or part of which consists of dangerous, verminous, infested, contaminated or condemned goods including loss and / or damage sustained by the courier to his own property and injuries or loss sustained servants and/or bub-contractors of the courier.
8 THIRD PARTIES
The Courier shall be entitled to appoint sub-contractors and/or agents and it is hereby declared any sub-contractor of the courier and the employees of the courier and any such sub-contractor and also any person deriving the goods from the Customer are third parties to this contract within the meaning of the contracts ( Right of third parties ) Act 1999 and shall be entitled to enforce this contract accordingly.
9 TRANSIT
9.1 Transit begins when Goods are handed to or collected by the courier for carriage.
9.2 Transit shall be suspended :
9.2.1 When the goods are held by the courier at some place other than the destination at the request of or for convenience of the Customer or because the Customer or Consignee refuses or is unable to take delivery at the destination or ;
9.2.2 When Goods are detained for Customs purposes ; and shall be resumed when the courier resumes the carriage of goods.
9.3 Transit shall ( unless otherwise previously determined ) end:
9.3.1 In the case of Goods to be delivered by the courier when they are tendered at the usual place of delivery within the customary delivery hours of the destrict, or at such other times or places as may be agreed between the Courier and the Customer;
9.3.2 In the case of Goods not to be delivered by the courier awaiting order or collection, at the expiration of one clear day after notice of arrival has been given either orally or in writing to the consignee or, to the sender when the address of the consignee is not known ; provided that when the addresses of both the sender and consignee are not known, the said end shall be at the expiration of one clear day after the arrival of goods at the place to which they are consigned.
9.4 The Courier shall be entitled to raise a charge in respect of any wasted or needless journeys made or for any delay in attempting to affect delivery of the Goods due to any default of the Customer and/or consignee in accordance with its own costings scales.
10 TERMS OF PAYMENT
10.1 The Customer shall pay in full all sums due to the Courier within 30 DAYS of the date of invoice, without any deductions, counterclaim or set-off.
10.2 The Courier shall submit its invoice on or any time after the despatch of the goods from the Customer premises.
10.3 If full payment is not received by the due date for payment the Courier may, without liability to the Customer and without prejudice to any other right or remedy available to it :
10.3.1 Charge a late payment fee of £40; and
10.3.2 Charge interest from the date by which payment should have been made on the unpaid amount and accrued interest on a daily basis at the rate of 8% per annum above the base lending rate of National Westminster Bank Plc.
11 TIME LIMIT FOR CLAIMS
11.1 The Courier shall not be liable for any damage to the whole or any part of the consignment, or physical loss, mis-delivery or non-delivery of part of the Consignment unless advised thereof in writing within seven days, and the claim is made in writing within fourteen days, after the termination of transit
11.2 Any other loss unless advised thereof in writing within twenty-eight days, and the claim is made in writing within forty-two days, after the commencement of transit. Provided that the Customer proves that:
11.2.1 It was not reasonably possible for the Customer to advise the Courier or make a claim in writing within the time limit applicable and:
11.2.2 Such advise or claim was given or made within a reasonable time, the courier shall not have the benefit of the exclusion of liability afforded by this condition.
11.3 The Courier shall in any event be discharged from all liability whatsoever and howsoever arising in respect of the Consignment unless suit is brought within one year of the date when transit commenced.
11.4 In the computation of time when any period provided by these Conditions is seven days or less, Saturdays, Sundays, and all statutory public holidays shall be excluded.
12 LIEN
12.1 The Courier shall have a general lien against the Customer, where the Customer is the owner of the consignment, for any monies whatever due from the Customer to the Courier. If such a lien is not satisfied within a reasonable time, the Courier may, at its absolute discretion sell the consignment, or part thereof, as agent for the Customer and apply the proceeds towards the monies due and the expenses of the retention, insurance and sale of the consignment and shall, upon accounting to the Customer for any balance remaining, be discharged from all liability whatever in respect of the consignment.
12.2 where the Customer is not the owner of the consignment, the Courier shall have a particular lien against the said owner, the consignment against monies due from the Customer in respect of the Consignment.
13 The Contract and these Terms and Conditions shall be construed and governed by the laws of England
And United Kingdom.