TERMS AND CONDITIONS.
Please read these Terms and Condition with care and particularly clauses 3.2, 6, and 8, which set out the extent of our liability under these terms and conditions and provide for an indemnity by you in certain circumstances.
Please note that certain items are prohibited from our Services. Check your item against the prohibited item.
If you're moving valuables or breakables, these are only insured if they have been packed professionally by us.
Certain other items are carried without compensation cover for damage or loss and at your risk.
We do not accept any liability for loss of these items or damage to or made by these items caused through the use of our Service. Check your item against the item list not covered for compensation.
For further details it is important that you read clause 6.11.
Certain other items require more detail from you before they can be moved.
Standard Terms of Contract.
In these Terms and Conditions where the following terms are used, they shall have the following meanings:
(a)“Consignment” means any item(s) of any sort which are, may be, or are intended to be, received by us from any one sender at an address for us to carry and deliver to any recipient at any other address.
(b)“Damaged Consignment” means a Consignment that is no longer in the condition in which it was received by us.
(c)“The Collection Point” means the address at which a Consignment is received or collected by us.
(d)“Purchased” means when you accept the Service Order.
(e)“The Delivery Point” means the address to which any Consignment is delivered by us.
(f)“The Excepted Risks” means:
(i)war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection, and/or.
(ii)ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, and/or.
(iii)radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same, and/or.
(iv)pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or faster, and/or.
(v)the absence, failure or inadequacy of the packing or packaging used for a Consignment.
(g)“The Service Order” means the summary of the order displayed at step 5 of the ordering process which is confirmed to you in the confirmation e-mail that is sent once acceptance of the order has occurred.
(h)“This Agreement” means these terms and conditions, together with the Service Order.
(i)“Us, We or Our” means ukExpress services Limited, together with its directors, employees any agents subcontractors or couriers acting on its behalf.
(j) “You” means the customer who is contracted with us as set out in the Service Order.
(k) “Service” means the service and carriage of a Consignment by us in accordance with the particulars set out in the Service Order.
2. Our Obligations.
2.1 We will carry out the Service(s) for you whilst this Agreement is in force, in return for the payment by you to us of the price set out in the Service Order and in accordance with the terms of this Agreement.
2.2 We shall have the right to make any changes to the Service(s) which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Service(s) and we shall notify you of any such changes.
2.3 We warrant that the Service(s) will be provided using reasonable care and skill.
3. Loading and Unloading.
3.1 If collection or delivery of a Consignment takes place at your premises, we shall not be under any obligation to provide any equipment or labour which, apart from the driver collecting the Consignment, may be required for loading or unloading of a Consignment.
3.2 Any Consignment (or part of a Consignment) requiring any special equipment for loading and unloading shall be accepted by us for transportation only on the understanding and condition that such special equipment will be made available at the Collection Point and the Delivery Point as required. Where such equipment is not available and if we agree to load or unload the Consignment (or part of the Consignment) we shall be under no liability or obligation of any kind to you for any damage caused (however it may be caused) during the loading or unloading of the Consignment. This includes any damage caused whether or not by our negligence and you shall agree to indemnify and hold us harmless against any claim or demand from any person arising out of our agreeing to load or unload the Consignment in these circumstances.
4. Collection and Deliveries.
4.1 We will make one attempt to deliver a Consignment during normal working hours. If we cannot obtain a delivery receipt at the Delivery Point you agree that we shall be authorised to attempt to deliver the Consignment to, or obtain a delivery receipt from, an alternative address close to the Delivery Point and (if successful) we agree that we will leave at the Delivery Point details of the address to which we have delivered the Consignment. If we are unable to deliver, either to the Delivery Point or a nearby address, we shall return the Consignment to our premises and leave a request for the recipient of the Consignment to contact us to make alternative delivery arrangements to the Delivery Point. If the recipient does not contact us to arrange the alternative delivery within 7 days we will return the Consignment to you at your cost (such cost to be discharged before delivery to you).
4.2 If we consider that the Consignment has become a Damaged Consignment and cannot be delivered because it is or in our reasonable opinion is likely to be unsafe hazardous or harmful we reserve the right to dispose of the Damaged Consignment immediately. If the Consignment becomes a Damaged Consignment because of our actions and we have to dispose of it we will only be liable to you up to the amounts specified in 6.7.
5.1 You agree that we may use another carrier in order to support our provision of the services to you (this will be at our own expense) and you agree that both we and this other carrier shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.
6. Our Liability.
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
6.1 Where you deal with us as a consumer, nothing within these terms and conditions shall be deemed to affect your rights under the Unfair Contract Terms Act 1977. For the avoidance of any doubt, when you deal with us as a business the Unfair Contract Terms Act 1977 is hereby excluded to the fullest extent legally possible and you are further referred to additional terms relating to business clients set out below.
6.2 Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation.
6.3 As a responsible business, we will perform the Service(s) in a professional manner with the appropriate level of skill and care. However, damage to a Consignment may still occur as a consequence of our handling of it and in such circumstances, our liability shall be limited as set out in these Terms and Conditions. The reasoning behind this limitation of our liability is as follows:
(a) The value of a Consignment and the amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which we can easily ascertain but is something which is better known to you. In many cases it cannot be known to us at all and can only be known to you;
(b) The potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that we could reasonably be expected to charge you for providing the Service(s) under this Agreement;
(c) It is not possible for us to obtain cover which would give unlimited compensation for our full potential liability to all of our customers and, even if it were, such cover would be much cheaper if taken out by you (rather than us taking out such cover and passing the cost on to you) and on that basis, it is more appropriate for you to take out such cover;
(d) We wish to keep the costs of providing the Service(s) to you as low as possible;
(e) In light of the above we wish to limit our liability for any damage caused to you to levels which we consider proportionate to our low charges for providing the Services. These amounts are set out in clause 6.5;
(f) In these Terms and Conditions, damage to you means any damage suffered by you (including any loss of, or damage to, a Consignment and any other loss, whether or not known to you or us or in either of our contemplation at the time of entering into this Agreement), however it arises but only so long as it is caused by our negligence, breach of duty or other wrongful act or omission (which includes any deliberately wrongful act or omission) and any breach of any the terms of this Agreement, or any terms implied by statute (where applicable);
(g) We investigate all claims received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and on that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be performed fairly.
The Extent of our Liability.
6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7;
6.5 We shall not be liable to you under any circumstances for any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill) or for any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.
6.6 We shall not be liable to you:
A) under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and weights and the actual dimensions and weights.
B) in any circumstances in respect of the items on the Prohibited items; Special Provisions items and No Compensation items lists, unless otherwise stated by us.
The Limitation on the Amount of our Liability.
6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to you up to the following amounts in the following circumstances:
(a) If we lose or damage all of a Consignment we will be liable for a maximum of £20.
If however this maximum figure is greater than the actual value of the Consignment then we shall only be liable for the full value of that Consignment;
(b) If we lose or damage part of a Consignment, the amount of the sum determined under clause 6.7(a) above shall be pro-rated down to represent the proportion that the actual value of that part of the Consignment bears to the actual value of the whole Consignment.
(c) If we cause you loss or damage arising in any other way, a maximum of £50 in respect of any Consignment.
If you consider that the potential loss to you caused by the loss or damage of all (or part) of a Consignment would exceed the figures set out above you must arrange separate cover or insurance to cover such potential loss. For the avoidance of doubt, this includes any additional insurance you may require in respect of any items listed on the “Special Provisions” and “No Compensation Items” lists. The items on the “Prohibited Items” list are prohibited and no level of insurance taken out by you will change whether these items will be allowed. If you do not do this then we shall not be liable to you for more than the amounts set out above and you shall be responsible for the risks in any amounts not covered through such cover or insurance (or lack of).
We will not be liable to repay you the value of the Consignment as at the time it was purchased by you. Consignments by their nature are subject to depreciation. You are advised to take out a “new for old” insurance policy should you wish to be compensated in this way. Our liability to you is limited to the amounts set out within this clause 6 and based on the actual value at the date of loss.
6.8 In order to ascertain the extent of our liability above, we shall require proof of the value and weight of the entire Consignment and any part or parts of it which make it up and you must ensure that, prior to our collection of the Consignment, you have a record of these. For the avoidance of any doubt, and without affecting clause 6.5, we shall only be liable for the replacement value of the Consignment and not for any sums that would amount to profit on the Consignment or applicable value added tax (or like tax) on such profit.
6.9 If a claim arises as a result of damage to the whole or part of a Consignment and if we settle the claim for a sum equal to or greater than the value of the Consignment, then we shall be entitled to claim ownership of the Consignment and deal with it as we see fit.