Terms & Conditions of Carriage

1Definitions

“Booking”

a booking for the carriage of a Consignment placed by the Customer with the Carrier by telephone, email, online portal or other electronic means.

“Carrier”

One Call International Limited, registered in England & Wales (company no. 03530859), trading as Speedy Same Day Courier and One Call Couriers.

“Charges”

the Carrier’s charges for the carriage of a Consignment, together with any applicable surcharges, calculated in accordance with these Conditions.

“Conditions”

these Conditions of Carriage, which apply to the contract of carriage between the Customer and the Carrier.

“Consignee”

the person to whom the Carrier delivers the Consignment.

“Consignment”

goods or property of any kind, whether or not in separate parcels, packages, containers or envelopes, including documents, to be delivered by the Carrier for the Customer to the Consignee.

“Customer”

the person, firm or company who contracts for the services of the Carrier.

“Dangerous Goods”

goods classified as dangerous under the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 and the ADR agreement, each as amended or replaced from time to time.

“Data Protection Legislation”

the UK GDPR, the Data Protection Act 2018 and all other applicable data protection laws, each as amended or replaced from time to time.

“Excluded Goods”

goods carried only at the Carrier’s discretion under the Excluded Goods section, including precious stones and metals, watches, jewellery, glass, furs, china, art, antiques, prescription drugs, fragile and perishable goods, money, vouchers, travellers’ cheques, bearer bonds, stamps, documents of title, cash-equivalent cards, spirits, tobacco, and any other goods the Carrier deems valuable.

“Online / Portal”

Bookings and enquiries made by the Customer via the Carrier’s website or customer booking portal.

“Prohibited Items”

the items set out in the Prohibited Items section, which the Carrier will not knowingly carry.

“Sub-Contractor”

any person engaged by the Carrier to perform any part of the carriage or related services, including drivers, agents and other carriers.

“Website”

speedysamedaycourier.com and onecallcouriers.co.uk, and the customer booking portal at app.speedysamedaycourier.com.

“Working Day”

any day other than a Saturday, Sunday or public holiday in England.

2General and Basis of Contract

2.1The Carrier is not a common carrier and accepts the carriage of Consignments at its sole discretion, subject only to these Conditions.

2.2These Conditions apply to the exclusion of any other terms, including any terms put forward by the Customer, unless expressly agreed in writing by a Director of the Carrier. No employee, agent or Sub-Contractor (other than a Director, in writing) may alter or vary these Conditions.

2.3The Customer acknowledges that the Conditions excluding or limiting the Carrier’s liability are reasonable, having regard to the Charges, the availability of alternative carriers, and the Customer’s ability to insure the Consignment and to declare a higher value.

2.4The Customer warrants that it has full power and authority to enter into and perform these Conditions, and that it is the owner of the Consignment or the authorised agent of the owner.

2.5The Carrier may refuse to accept or perform any Booking and may withdraw the Website or Portal at any time without prior notice.

3Application of these Conditions

3.1These Conditions apply to all Customers, whether contracting as a business or as a consumer.

3.2Nothing in these Conditions affects the statutory rights of any consumer. Where a provision would be unenforceable against a consumer, it shall not apply to that consumer but continues to apply in full to all other Customers.

4Bookings and Quotations

4.1Each Booking shall be submitted by telephone, email, the Portal or other electronic means agreed by the Carrier.

4.2A quotation is valid for 7 days (or as otherwise specified) and is based on the information provided by the Customer. Quotations are subject to acceptance of the Booking by the Carrier.

4.3Each accepted Booking forms a separate and independent contract incorporating these Conditions. The Carrier may amend or decline any Booking on notice.

4.4The Consignment will only be delivered to the address specified at the time of Booking. The Carrier may vary its Charges for any change to the collection or delivery address.

5Charges, Surcharges and Payment

5.1The Charges are calculated by reference to the journey distance, the dimensions and gross weight of the Consignment, the service level selected, and the Carrier’s tariff in force at the time of carriage.

5.2All Charges are exclusive of VAT and any other duties or taxes, which are added at the applicable rate.

5.3The following surcharges may be applied and are payable by the Customer: a variable fuel surcharge (currently 8.5% of the carriage charge), reviewed periodically to track fuel prices; waiting and loading time; clean-air, congestion and low-emission zone charges; tolls, ferries and parking; abortive collection or failed delivery; and re-delivery or return.

5.4Unless otherwise agreed in writing, payment is due within 14 days of the invoice date, by BACS to the account on the invoice, or by valid credit or debit card. The Carrier does not accept cash. Invoices are issued weekly unless otherwise agreed.

5.5All sums are payable in full without set-off, deduction, counterclaim or withholding, except as required by law.

5.6If any sum is not paid by the due date the Carrier may: (a) charge interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (interest at 8% above the Bank of England base rate); (b) recover reasonable costs of recovery, including legal and collection-agency fees; and (c) suspend or terminate services and require immediate payment of all outstanding sums.

5.7Any query on an invoice must be raised in writing within 7 days of the invoice date, failing which the invoice is deemed accepted and payable in full.

6Credit Accounts

6.1Where the Carrier grants a credit account, a credit limit applies (the maximum that may be outstanding at any one time). The Carrier may carry out credit checks and review the limit at any time.

6.2The Carrier may reduce or withdraw credit, require payment in advance, or require security. Where credit is withdrawn, all outstanding sums become immediately due and payable on demand.

6.3Credit terms are subject to periodic review. The Carrier may suspend service where the credit limit is reached or exceeded, or where any invoice is overdue.

7The Consignment — Customer’s Obligations

7.1The Customer shall ensure that each Consignment is securely and properly packed and labelled in accordance with good practice and any statutory requirements, and is fit and safe to be carried by road, air, rail or sea as appropriate.

7.2The Customer shall provide complete and accurate collection and delivery details, contact names and numbers, and any access, timing or handling requirements at the time of Booking.

7.3Unless otherwise agreed in writing, the Carrier is not required to provide labour or special equipment for loading or unloading beyond that carried on the vehicle. The Customer shall provide any special equipment required, and indemnifies the Carrier against damage arising where such equipment is not provided.

7.4The Customer shall ensure safe access to collection and delivery premises and compliance with health and safety requirements at those premises.

8Dangerous Goods

8.1Dangerous Goods must be disclosed in advance. Unless otherwise agreed in writing, the Carrier will not accept or carry Dangerous Goods.

8.2Where the Carrier agrees to carry Dangerous Goods, they must be classified, packed, marked and labelled in accordance with the Carriage of Dangerous Goods Regulations 2009, ADR and the Carrier’s instructions, under a separate written agreement. The Customer shall provide all required declarations and indemnify the Carrier against loss arising from the carriage of Dangerous Goods.

9Excluded Goods

9.1If a Consignment contains Excluded Goods, the Customer must notify the Carrier at the time of Booking of the content and value. The Carrier may, at its discretion, accept such carriage and charge an additional fee, advised before accepting the Booking.

9.2If the Customer fails to notify the Carrier, the Consignment is carried solely at the Customer’s risk, the Carrier has no liability for any loss (save as set out in the Limitation of Liability section), and the Customer indemnifies the Carrier against all losses, claims, costs and expenses arising in connection with such Excluded Goods.

10Prohibited Items

10.1Unless agreed otherwise in advance in writing, the Customer shall not submit, and the Carrier may reject without liability, any Consignment containing: firearms, weapons, munitions or explosives; flammable, radioactive, toxic or otherwise hazardous materials; loose or damaged lithium batteries; vaping products outside applicable regulations; livestock or other animals; human or animal remains; illegal drugs or controlled substances; counterfeit goods; cash above any limit notified by the Carrier; and any obscene, defamatory or indecent material, or any item unlawful to carry in any relevant country.

10.2If the Customer submits Prohibited Items (whether or not the Carrier agreed to carry them), the Customer indemnifies the Carrier against all losses, claims, costs and expenses arising, and the Carrier may detain, return or dispose of the Consignment and report it to the relevant authorities.

11Declared Value and Liability Limits

11.1The Customer must notify the Carrier of the value of the Consignment at the time of Booking in accordance with the tables below. The Carrier will provide a higher liability limit where the Customer declares the value and pays any additional fee.

Same-Day Deliveries within Great Britain

Overnight and International Deliveries

11.2The Carrier’s total liability for any Booking varies with the declared value of the Consignment and is subject to the Limitation of Liability section.

12Delivery

12.1The Carrier will use reasonable efforts to collect and deliver within any time indicated, but save as provided in the Service Levels section, time is not of the essence and the Carrier gives no warranty as to the time of collection or delivery.

12.2The Carrier will not be responsible for delay caused by traffic, road closures, weather, or other circumstances beyond its reasonable control.

12.3The Carrier shall deliver by such route as it thinks fit. A signature, electronic proof of delivery or other acknowledgement obtained at the point of delivery is conclusive evidence of proper delivery.

13Transit

13.1Transit commences when the Carrier takes possession of the Consignment and, unless otherwise agreed, ends when the Consignment is tendered at the Consignee’s address.

13.2Where a Consignment cannot be delivered, or is held awaiting instructions not given within 24 hours of notice, transit is deemed to end on expiry of that period.

13.3The Carrier may recover its Charges in full, plus expenses, for any delivery unsuccessful due to incorrect or inadequate information provided by the Customer.

13.4The Carrier may open and examine any Consignment it considers a security or health and safety risk and take such action as it considers appropriate.

14Undelivered or Unclaimed Goods

14.1Where the Carrier is unable to effect delivery, it will use reasonable endeavours to notify the Customer and Consignee. The cost of any return is payable by the Customer at the Carrier’s rates in force.

14.2If a Consignment is not collected, and no disposal instructions are given, within 7 days of notice, title passes to the Carrier, which may sell or dispose of the goods as absolute owner, apply the net proceeds to its charges and expenses, and account to the Customer for any balance, after which it is discharged from all liability for the Consignment.

15Cancellation

15.1If the Customer cancels a Booking, the Customer is liable for the Charges set out in the Carrier’s cancellation policy published online. Charges apply where the Carrier has allocated or despatched a driver for the Booking.

16Lien and Set-Off

16.1The Carrier shall have a general and particular lien over all Consignments and documents in its possession for all sums due from the Customer on any account. Where any sum remains overdue, the Carrier may, on notice, sell or dispose of the goods subject to the lien and apply the proceeds towards the sums due.

16.2The Customer shall make all payments in full without set-off or deduction.

17Limitation of Liability

17.1Nothing in these Conditions excludes or limits either party’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability which cannot be excluded or limited by law.

17.2Subject to the clause above, the Carrier shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of business, loss of goodwill, loss of use, loss of or corruption of data, loss arising from delay, loss of anticipated savings, or any indirect or consequential loss, howsoever arising.

17.3Subject to the above, the Carrier’s total liability for loss of or damage to a Consignment is limited to the amount set out in the Declared Value and Liability Limits section, by reference to the declared value of that Consignment.

17.4For Consignments stored by the Carrier, its total liability shall not exceed £1,000 unless a higher value has been declared and a higher limit agreed in writing.

17.5The Carrier shall not be liable for loss or damage caused by: acts, omissions or misrepresentations of the Customer, owner or Consignee; insufficient or improper packing, labelling or addressing; inherent fragility, perishability or natural deterioration; or any cause beyond the Carrier’s reasonable control.

17.6The Customer shall provide written proof of the value of any Consignment lost or damaged, and the Carrier shall be entitled to inspect any damaged Consignment.

18Service Levels and Service-Failure Credit

18.1The Carrier offers three same-day service levels — Same Day (Economy), Same Day (Urgent) and Same Day (Direct) — as described in the Carrier’s service-levels information. All are subject to these Conditions.

18.2Where the Carrier fails to meet a guaranteed service level for reasons within its reasonable control, the Customer’s sole and exclusive remedy is a credit or refund of the carriage charge for the affected Consignment. The Carrier shall not otherwise be liable for any loss arising from delay or from failure to meet an indicated time.

19Indemnity to the Carrier

19.1The Customer shall indemnify the Carrier against all losses, claims, demands, proceedings, fines, penalties, damages, costs and expenses arising from: any breach of these Conditions, or any fraud, error, omission or misrepresentation by the Customer, owner or Consignee; any claim by a third party in excess of the Carrier’s liability under these Conditions; loss or damage caused by the carriage of Dangerous Goods, Excluded Goods or Prohibited Items; and any claim by HM Revenue & Customs in respect of dutiable goods.

20Insurance

20.1The Carrier is not an insurer of the Consignment. The liability limits in these Conditions represent the maximum the Carrier will pay. The Customer is responsible for arranging its own goods-in-transit, marine or all-risks insurance for Consignments whose value exceeds those limits.

20.2The Carrier maintains goods-in-transit insurance of £5,000 per Consignment as standard; higher cover may be available on request and subject to an additional fee, where agreed in writing before carriage.

21Force Majeure

21.1The Carrier shall not be liable for any failure or delay caused by any event beyond its reasonable control, including act of God, war, terrorism, riot, civil unrest, malicious damage, epidemic or pandemic, fire, flood, storm, accident, fuel shortage, industrial dispute, or compliance with any law or government measure.

21.2If such an event continues for more than 30 days, either party may terminate the affected contract on written notice, without liability (save for sums already due).

22Data Protection

22.1Each party shall comply with the Data Protection Legislation. The Carrier processes personal data (including collection and delivery contact details, electronic proof of delivery, and vehicle telematics and tracking data) to provide and improve its services, in accordance with its privacy notice published on the Website.

22.2Where one party acts as processor for the other, the parties shall enter into such data-processing terms as the Data Protection Legislation requires.

23Anti-Bribery and Modern Slavery

23.1Each party shall comply with all applicable anti-bribery and anti-corruption laws, including the Bribery Act 2010, and shall not engage in any activity that would constitute an offence under that Act.

23.2Each party shall comply with the Modern Slavery Act 2015 and take reasonable steps to ensure that slavery and human trafficking are not taking place in its business or supply chains.

24Subcontracting and Sub-Contractor Protection

24.1The Carrier may subcontract the carriage or any related services, in whole or in part, on these Conditions.

24.2Every exemption, limitation, defence and liberty in these Conditions also applies to, and is available for the benefit of, the Carrier’s employees, agents and Sub-Contractors, each of whom may enforce these provisions under the Contracts (Rights of Third Parties) Act 1999.

25Confidentiality and Non-Solicitation

25.1The Charges and payment terms are confidential, and the Customer shall not disclose them or make any public announcement about the parties’ relationship without the Carrier’s prior written consent, save where required by law.

25.2During the relationship and for 6 months after the last Booking, the Customer shall not solicit or employ any employee or Sub-Contractor of the Carrier who was directly involved in performing a contract of carriage during the preceding 6 months. In the event of breach, the Customer shall pay the Carrier’s reasonable recruitment and replacement costs.

26International and Customs

26.1For international Consignments, the Customer is responsible for ensuring that all goods may lawfully be exported and imported, for providing an EORI number and all customs documentation, and for acting as exporter and/or importer of record unless otherwise agreed.

26.2The Customer shall pay, and indemnify the Carrier against, all duties, taxes and customs charges, and shall comply with all applicable sanctions and export-control laws.

27Website and Online Bookings

27.1It is the Customer’s responsibility to satisfy itself that the service ordered is suitable for its requirements. The Carrier does not warrant that the Website or Portal will be uninterrupted or free of viruses.

27.2The Customer is responsible for keeping its Portal login credentials secure and for all Bookings placed using them. The Website and Portal are intended for use within the United Kingdom.

28Time Limits for Claims

28.1The Carrier shall not be liable for loss, mis-delivery or damage unless: (a) it is notified in writing within 7 days of the end of transit (or, for non-delivery, within 7 days of the date delivery was expected); and (b) a full written claim, with details of value and circumstances, is made within 14 days of the end of transit. A claim may not be made on a proof-of-delivery or consignment note.

29Notices

29.1Any notice under these Conditions shall be in writing and sent by first-class post or email to the registered address or last notified email of the recipient. A notice is deemed received two Working Days after posting (first-class post), or, if sent by email, at the time of transmission (or the next Working Day if sent outside business hours).

30General

30.1If any provision is held invalid or unenforceable, the remainder continues in full force, and the offending provision applies with such modification as is necessary to make it valid and enforceable.

30.2A waiver of any breach does not waive any subsequent breach.

30.3The Carrier may assign, transfer or subcontract its rights and obligations. The Customer may not assign or transfer its rights without the Carrier’s prior written consent.

30.4Except as expressly provided (including the Sub-Contractor protection above), a person who is not a party has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Conditions.

30.5These Conditions may be varied only in writing by a Director of the Carrier. The Carrier may update these Conditions on reasonable notice; continued use of the services constitutes acceptance of the updated Conditions.

30.6These Conditions constitute the entire agreement between the parties and supersede all prior agreements and representations relating to their subject matter, save that nothing limits liability for fraudulent misrepresentation.

31Governing Law and Jurisdiction

31.1These Conditions, and any non-contractual obligations arising out of or in connection with them, are governed by the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.