CONDITIONS OF CONTRACT

In these Conditions:

1. (a)Company means CHAIN SUPPLY MANAGEMENT & LOGISTICS LIMITED

(b) 'Goods' means any documents or item; (including containers and packaging) consigned by a Customer from one address to another.

(c) "Customer" means any individual, firm, company or other body, who consigns goods as aforesaid.

2.  The Company is not a Common Carrier and accepts goods on these Conditions only. No servant or agent of the Company has authority to alter, vary or waive any provision of these Conditions in any respect.

3. The Company accepts goods for conveyance on the basis that (a) to (f) of these Conditions are all fulfilled and the Customer warrants that they are fulfilled.

(a) That the Customer is either the owner of or acting as fully authorised agent for the owner of the goods and that if any other person has an interest in the goods the Customer is acting as his fully authorised agent;

(b) that the goods do not comprise or include weapons, ammunition or explosives and are not flammable, dangerous or damaging in any respect;

(c) that the goods do not comprise or include drugs, documents or other things which it is illegal to have in its possession in England or elsewhere;

(d) that the goods do not comprise or include documents or other things which it is illegal to take out of England or to take into the country to which they are consigned;

(e) that the goods are not subject to Customs' duty and/or other imports or duties; and

(f) that the goods are not fragile.

4. 1 The Customer shall pay the Company for each consignment of goods in accordance with the Company's current tariff of charges, copies of which are available on request at the Company's places of business. Payment shall be made promptly and in full. No deductions shall be made on account of any alleged claims against the Company for compensation or otherwise.

4.2 The Late Payment of Commercial Debts (Interest) Act 1998, as amended shall apply to all sums due from the Customer.

4.3 In the event that the Customer makes any voluntary arrangement with its creditors, or being an individual becomes bankrupt, or enters administration or goes into liquidation, or a moratorium comes into force, or a receiver is appointed or the customer threatens to cease trading, or has a petition presented for its winding up or otherwise commits an act of insolvency as defined by the Insolvency Act 1986 and the Insolvency Rules 1986 as subsequently amended by legislation ancillary thereto the Company may (without limiting the Company in relation to it's right to exercise any other remedies) cancel the contract or exercise its lien pursuant to clause 8.

5. The Company is entitled to convey goods:

(a) by its own servants and/or by Airline, delivery company and/or other independent contractors/sub-contractors;

(b) by any means of conveyance;

(c) by any route whatsoever.

6.1 The Company shall not be liable for any delay, loss, damage or misdelivery or for the consequences of any of the foregoing if such delay, loss or misdelivery is due to (i) acts of God, (ii) riots, terrorism, (iii) the act of any government, (iv) fire, explosion, bad weather, (v) power failure, mechanical failure, (vi) theft, industrial action, strikes and (vii) any cause or circumstance beyond the Company's reasonable control, and the Company shall be entitled to a reasonable extension of time for performing its obligations.

6.2 If for any reason beyond the Company's reasonable control it is unable to convey the goods to the address to which they are consigned or to effect delivery at the said address:

(i) the Company shall make reasonable endeavours to communicate with the Customer/Consignee and request a new address to which the goods can be delivered in the country in which they are then lying;

(ii) if the Company is unable to communicate with the Customer/Consignee within reasonable time or if it is not provided with a new address for delivery the Company shall be at liberty to deal with the goods in accordance with Condition 9 hereinafter set out or to arrange disposal. The Company shall pass on to the Customer any additional costs incurred at destination, including but not limited to, duties, taxes, storage, cost of returning goods or disposal.

6.3  Subject to clause 6.1 and provided that such loss is suffered as a direct result of the goods being delayed damaged, lost or misdelivered because of the negligence of the Company or the negligence of its own servants, the Company shall pay to the customer a sum that shall not exceed the value of the goods or 3 times the tariff charge for conveying them, whichever is the less with a maximum of £60 (sixty pounds) per consignment.  Such a sum shall be paid by the Company to the Customer in full and final settlement and satisfaction of the Company's entire liability for any loss, damages, costs or expenses suffered or incurred by the Customer.

6.4 In any event and non-withstanding anything contained in this agreement, in no circumstances shall the Company be liable in contract or tort for; (i) loss of profit or business; (ii) any special, indirect or consequential loss of any nature whatsoever.

6.5 Except as set out in Condition 6.3, the Company shall not be under any liability whatsoever in respect of goods.

7.1  Any loss, damage, misdelivery or delay must be notified in writing to the Company within three days of it becoming known to the Customer.

7.2  Any claim for compensation must be notified in writing to the company within seven days of the said loss, damage, misdelivery or delay having been reported to the Company.

7.3 No action may be bought under this Agreement more than 8 months after delivery of the goods or if earlier more than 1 year after its termination or, in the event of default by one of the parties more than 1 year after such default has come to the notice of the other party.

8. The Customer shall indemnify the Company against:

(a) any expenses incurred as the result of its inability for any reason beyond its reasonable control to convey of deliver goods to the address to which they were consigned or at all;

(b) all actions, proceedings, claims, costs or demands by third parties relating to the goods;

(c) any unusual expenses incurred as the result of the Company conveying the goods.

9. The Company shall have a general lien on all goods and documents relating to the goods in its possession custody or control for all sums whatsoever due at any time to the company from the customer including storage charges (which shall continue to accrue on any goods detained under the lien) interest on the sums due and the cost of recovering the same (including legal costs on a full indemnity basis).  Once the lien is exercised all amounts invoiced automatically become due. If any lien is not satisfied within a reasonable time the Company may at any time thereafter without further notice to the Customer sell the goods either privately or by auction as agents for and at the expense of the Customer and may apply the proceeds in or towards discharge of the sums due to the Company and the expenses of sale.

10. Each clause and sub clause of these conditions of Contract is to be construed as if it were standing alone (applying and surviving even if for any reason one or other of the said clauses is held to be invalid or unenforceable in any circumstances) and shall remain valid and be enforceable to the fullest extent permitted by the law notwithstanding that any other clause of these conditions is held to be invalid or unenforceable.

11.  A person who is not party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.

12. This Contract shall be governed by English Law and any dispute arising under it shall be within the exclusive jurisdiction of the English Courts.

     
               
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