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.