December 4, 2015

Terms and Conditions

1. DEFINITIONS

Booking” means a booking for the carriage of a Consignment placed by a customer with the Courier.

by telephone, email, by facsimile or online.

Courier” means ONE CALL INTERNATIONAL LTD trading as Speedy Same Day Courier.

Customer” means the person who contracts for the services of the Courier.

Conditions” means these conditions of carriage, which shall apply to the contract of carriage between the customer and the Courier.

Consignee” means the person to whom the Courier delivers the Consignment.

Consignment” means goods or property, whether or not contained in separate parcels, packages, containers or envelopes including any paper and documents, to be delivered by the Carrier for the customer to the Consignee.

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).

Excluded Goods” means goods which may be carried by the Carrier pursuant to clause 3.7 which shall include, without limitation, precious stones, precious metals, watches, jewellery, glass, furs, china, art, antiques, prescription drugs, fragile and perishable goods, money, vouchers, travellers cheques, bearer bonds, bills of exchange, promissory notes, stamps, photographs, documents of title to property, bank, credit, pre-pay or other store cards with a cash equivalent value, spirits, tobacco and cigarettes and any other goods which the Carrier may at its sole discretion deem to be valuable.

OnLine” means Bookings and Booking enquiries made by the customer online via the website;

Prohibited Items” shall have the meaning ascribed to it in clause 3.9;

Website” means the websites located at: speedysamedaycourier.com

2. GENERAL

2.1 The Courier is not a common courier and accepts at its sole discretion the carriage of Consignments subject only to these Conditions. These Conditions shall apply to the exclusion of any other terms and conditions (including those of the customer) unless agreed in writing by a Director of the Carrier, subject always to clause 9.2, no employee, agent or subcontractor of the Carrier is authorised to alter or vary these Conditions.

2.2 The customer acknowledges and agrees that the Conditions excluding or restricting any liability of the Courier are reasonable having regard to the existence of alternatives and other carriers available to it.

2.3 The customer warrants that it has full power and authority to enter into and perform its obligations under these Conditions.

2.4 The Courier reserves the right to withdraw the Website and Bookings made online without prior notice and also to refuse to accept and/or perform any orders placed thereon.

3. CONSIGNMENT

3.1 Each Booking by the customer to the Courier shall be submitted by the customer to the Courier by telephone, email, or online via website.

3.2 The Courier shall provide the customer with a quotation for the carriage of the Consignment in question and such quotation shall be valid for a period of 60 minutes or other such period as the Courier may specify. The Courier shall provide written quotations to the customer upon request. All Bookings are subject to acceptance by the Courier and the Courier reserves the right to refuse to accept any Bookings. All Bookings are subject to the terms and conditions of these Conditions, shall be deemed to be a separate and independent contract and the Courier reserves the right to amend any Booking at any time upon notice to the customer.

3.3 Additional charges (including, without limitation, time charges for waiting and/or hand loading or loading time incurred either at collection or the delivery point) may be imposed by the Courier (and the customer shall pay such charges) if the Courier is prevented from performing its obligations under these Conditions except to the extent that the Courier’s failure to perform is caused solely by a force majeure event as specified in clause 10.8.3.

3.4 Unless agreed otherwise by the Courier, the Consignment shall only be delivered to the address specified by the customer at the time of Booking and the Courier reserves its right to vary its charges in respect of any variation to the delivery address by the customer.

3.5 All quotations for the Courier’s charges are calculated in accordance with the length of the journey calculated from the pickup address to the delivery address as stated in the booking. The Carrier offers a range of delivery services including, without limitation, same day, next day and economy consolidated deliveries. Further details of the Courier’s charges and Consignment services are available upon request.

Dangerous Goods

3.6 All Dangerous Goods must be disclosed by the customer in advance and unless otherwise agreed, the Courier will not accept or carry Dangerous Goods. Where the Courier accepts Dangerous Goods for carriage they must be classified, packed and labelled in accordance with any applicable statutory regulation for the carriage of such Dangerous Goods and with any specific instructions of the Courier which shall be set out in a separate written agreement entered into between the Courier and the customer. The customer shall further provide such information, document or declaration as may be necessary to enable the carriage of such Dangerous Goods by the Courier under that separate written agreement.

Excluded Goods

3.7 If the proposed Consignment contains Excluded Goods, the customer must notify the Courier at the time of Booking as to the content and value of such Consignment of Excluded Goods and the Courier may (in its sole discretion) elect to carry such Excluded Goods.  Except as set out in clause 10.1, the Courier shall not be liable to the customer for any loss, however caused, unless the Courier has agreed in writing to the customer to accept such liability. The Courier reserves the right to charge the customer (and the customer shall pay) an additional sum for the carriage of the Consignment of Excluded Goods and will inform the customer of such sum prior to accepting the Booking.  If the customer fails to so inform the Courier in accordance with this clause 3.7, such Consignment will be delivered solely at the customer’s risk and the customer shall indemnify and keep the Courier indemnified against any and all losses, damages, claims, liabilities, costs and expenses (including, without limitation, legal costs and expenses) suffered or incurred by the Courier arising out of, or in connection with, the delivery of the Consignment comprising such Excluded Goods in whole or in part.

Prohibited Items

3.8 Unless the Courier has agreed otherwise in advance in writing specifying any additional terms, charges and limitations on liability which shall apply, the customer shall not submit for carriage (and the Courier may without any liability whatsoever reject such carriage at any time upon notice to the customer) any Consignment which contains firearms, munitions, inflammable items or other explosives, livestock or other animals, human remains, any obscene, defamatory, blasphemous, scandalous or other indecent material, any item (including, without limitation, drugs or other illegal substances) which is prohibited or illegal to possess or import into any country through or into which the carriage of the Consignment is to take place (the “Prohibited Items“).  If the customer submits Prohibited Items as a Consignment (and regardless of whether or not the Carrier has agreed to carry such Consignment), the customer shall indemnify and keep the Carrier indemnified against any and all losses, damages, claims, liabilities, costs and expenses (including, without limitation, legal costs and expenses) suffered or incurred by the Courier arising out of, or in connection with, the carriage of the Consignment comprising such Prohibited Items in whole or in part.

Consignment Values and Liability

3.9 The customer shall notify the Courier at the time of Booking of the value of the Consignment in accordance with the notification requirements set out in the tables set out below.  The Courier shall provide a higher limit on its liability for Bookings which relate to Consignments of value where the customer notifies the Courier of those values and the customer pays the additional fees as set out in the tables below.

Same Day Deliveries within Great Britain

Value of Consignment Customer to declare value to Courier Additional Fee Payable by Customer Maximum Amount of Liability
Less than £100 No No £100
More than £100 but less than £1,000 Yes No £1,000
More than £1,000 but less than £5,000 Yes Yes: to be advised to customer at the time of Booking To be advised to customer at the time of Booking

Consignments valued in excess of £5,000 call customer services to obtain insurance quote

Next Day Deliveries and International Deliveries

Value of Consignment Customer to declare value to Courier Additional Fee Payable by Customer Maximum Amount of Liability
Less than £50 No No £50
More than £50 Yes Yes: 2% of the value of the consignment (subject to a minimum charge of £20) To be advised to customer at the time of Booking

3.10 The parties agree that the Courier’s liability in respect of each Booking will vary in accordance with the value of the Consignment and the total liability of the Courier in respect of any Booking is specified at clause 10 below.

4. DELIVERY

4.1 The customer shall ensure that the Consignment is secure, properly packed and labelled in accordance with good practice and any applicable statutory requirements and is fit and safe to be carried, stored and transported by road, air, rail or sea as may be appropriate.

4.1.1 The Courier gives no warranty nor makes any representation as to the time at which goods shall be delivered

4.2 The Courier will use all reasonable efforts to deliver within the time specified for the delivery however we are unable to guarantee an actual time of delivery.

4.2.1 The Courier will not be responsible for delays or late deliveries where such delays are caused by unforeseen circumstances, traffic congestion, road closure or delays that are beyond the control of the Courier or third party sub-contractor.

4.3 Unless the Courier has otherwise agreed in writing with the customer:

4.3.1 the Courier shall not be required to provide any labour or special equipment for loading or unloading the Consignment, other than that carried by the vehicle used by the Courier; and

4.3.2 the customer warrants that it will provide or procure any special equipment required for loading or unloading the Consignment and shall indemnify and hold harmless the Courier for any damage to the Consignment or the Carrier, however caused, if the Carrier is instructed to load or unload any Consignment requiring special equipment where such equipment has not been provided or procured by the customer.

4.4 The Courier shall deliver Consignments according to such route as it in its absolute discretion thinks fit.

4.5 The Courier makes no guarantee that the type of vehicle booked for a service shall be used for the aforesaid service. For logistical purposes and actual vehicle availability at the time of a booking, the Courier shall at its discretion substitute a booked vehicle type to any other vehicle in the fleet to either shorten the collection time or speed up the delivery process.

5. CONSIGNMENT NOTES

5.1 If required, the Courier shall sign a document prepared by the customer acknowledging receipt of the Consignment but such document shall not be evidence of the condition, declared nature, quantity or weight of the Consignment at the time it is received by the Courier.

5.2 The Courier may require acknowledgment at the point of delivery of the Consignment and any such receipt given shall be conclusive evidence of proper delivery.

6. TRANSIT

6.1 Transit commences when the Courier takes possession of the Consignment, whether at the Courier’s premises or at some other point of collection.

6.2 Subject to clause 6.3, transit shall (unless otherwise agreed) end when the Consignment is tendered at the Consignee’s address provided at the time of Booking by the customer.

6.3 Where a Consignment cannot be delivered (for whatever reason) or is held by the Courier to await order or further instructions and such instructions are not given or the Consignment is not collected within 24 hours of notice being given to the customer or such other time as the Courier may nominate, then transit shall be deemed to end at the expiry of such time.

6.4 The Courier shall be entitled to recover its charges in full for any delivery, which is unsuccessful due to incorrect or inadequate information provided by the customer and in addition recover any expenses or losses it suffered or incurred in attempting to effect delivery.

6.5 The customer understands and accepts that the Courier shall be entitled to open and examine any Consignment that the Courier considers to be a security or health and safety risk to the Carrier and to take, at its sole discretion, such appropriate action thereafter.

7. UNDELIVERED OR UNCLAIMED GOODS

7.1 Where the Courier is unable to effect delivery as requested by the customer when making a Booking, or where transit has come to an end, the Courier shall use its reasonable endeavours to notify the customer and the Consignee of any undelivered or unclaimed Consignment. Where a Consignment is refused and returned to the Courier, the charges for that return of goods shall be at the customer’s sole cost and expense and shall be charged to the customer (and the customer shall pay) at the Courier’s rates from time to time in force. Unless the Consignment is collected or instructions are given for its disposal within 24 hours (or such other time as the Carrier may nominate) of notice being given, title to the Consignment shall transfer to the Courier and the Courier may destroy or sell the goods as if it were the absolute owner.

7.2 The Courier shall use its reasonable endeavours to obtain a reasonable price for the goods and shall apply the proceeds of sale to the payment of all its proper expenses and charges suffered or incurred in relation to the carriage, storage and sale or disposal of the goods. Any proceeds left over shall be paid to the customer upon which the Courier shall be discharged from all liability in respect of the Consignment.

7.3 Transit shall commence when the Courier takes possession of the Consignment whether at the point of collection or at the Couriers premises.

7.4 Transit shall, unless otherwise previously determined, end when the Consignment is delivered at the
Consignee’s address or suitable alternative location in accordance with the service offered, except where delivery fails through loss or mis-delivery of the Consignment.

7.5 The Courier undertakes to deliver to an address specified in the booking, not to a specific person.

7.6 Transit shall be deemed as completed when a signed proof of delivery is obtained at the delivery address. The courier undertakes to deliver to an address, not an individual. Where the Courier is unable to obtain a proof of delivery for documents or small packages the delivery may be posted through the letterbox at the destination address. The Courier shall obtain photographic evidence of the letterbox, this will be deemed as proof of delivery.

7.7 The courier booking contract shall be deemed as fulfilled and completed when proof of delivery is obtained.

7.8 Where the Courier is unable to deliver a Consignment dispatched by same day courier, or the
Consignment is refused by the Consignee the Courier shall return the undelivered Consignment to the
original sender by the same means. The Courier’s charges in relation to refused/returned consignments are known as “Return Courier Charge” and are charged at the same rate as the original outbound delivery.

7.9 Where the courier is unable to deliver or return a consignment due to premises being closed the courier will store the goods overnight at a safe location and redeliver the consignment the following day. Consignments stored overnight and redelivered would be charged for storage and redelivery charges at the prevailing rate at the time of the booking.

8. BOOKING CANCELLATION

In the event of a cancellation of any Booking the customer shall be liable for the Courier’s charges in full for the carriage of the Consignment. This clause 8 shall apply only to cancelled Bookings where the Courier or Courier’s sub-contractor has

8.1 Departed and is en-route to collect or deliver the consignment.
8.2 Been allocated to the service Booking in question

In the event of a cancellation of any Booking by the customer before a driver is allocated, the customer shall not be liable to the Courier’s charges for the carriage of the Consignment. This clause 8 shall apply only to cancelled Bookings where the Courier has not been allocated to the Booking in question.

9. COURIERS’S CHARGES

9.1 The customer shall pay the Courier’s charges in accordance with these Conditions. The charges payable in respect of the Carriage of any Consignment shall be specified by the Courier to the customer at the time of Booking.

9.2 Payment terms for web bookings received through the Courier website are payment in full prior to booking confirmation. Payment terms for account customer bookings are 30 days from the date of invoice. Any variation to these terms are to be agreed in writing by an authorised employee of the Courier.

9.3 The Courier’s charges shall be based on its tariff in effect at the time of carriage of the Consignment and unless payment is made by credit card, invoice(s) shall be rendered by the Courier to the customer at least once a week. Any Credit facilities granted to a customer by the Courier may be withdrawn at the Courier’s absolute discretion at any time and the balance outstanding shall become due immediately payable upon demand.

9.4 If at the time of Booking the customer pays for a Booking by credit card, the amount quoted by the Courier to the customer at the time of Booking will be charged to the customer’s credit or debit card before the services commences, or wherever reasonably practicable within 24 hours (or such other period as the Courier may reasonably determine) of the Courier’s acceptance of the Booking. In the event that any additional charges are imposed by the Courier pursuant to clause 3.3 above, the customer hereby authorises the Courier to charge such additional charges to the customer’s credit or debit card wherever reasonably practicable within 24 hours (or such other period as the Courier may reasonably determine) of the Courier incurring such charges.

9.5 The Courier shall be entitled to charge interest (both before and after judgment) on the amount unpaid at the rate of 10% above the base rate of the Bank of England from time to time until payment is made in full. When payment is not made by the due date, the customer shall indemnify the Courier for any costs and/or expenses it may suffer or incur in recovering the sum due, including reasonable legal fees and costs of collection.

9.6 Any queries in respect of a customer account invoice sent by the Courier to the Customer must be made in writing within 7 days of the date of the invoice otherwise it will be deemed to have been accepted and will be payable in full by the customer.

9.7 All charges quoted are exclusive of value added tax, credit card bank charges and all other duties or taxes which may become due or payable from time to time and shall be added to invoices at the rate applicable at the date of invoice.

10. LIMITATION OF LIABILITY

10.1 Notwithstanding any other clause of these Conditions, neither party excludes or limits liability for personal injury or death arising from the negligence or wilful default of either party, its servants, dealers or sub-contractors; or for any fraudulent misrepresentation.

10.2 Except as expressly provided in these Conditions, the total liability of the Courier which arises out of or under these Conditions (whether in contract, tort, statute or otherwise) in respect of any contract arising from a Booking is specified in this clause 10.

10.3 The Courier shall not be liable to the customer, whether in contract, tort or by statute, or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage suffered by the customer howsoever caused including, without limitation:

10.3.1 loss due to delay in delivery; and/or

10.3.2 loss of anticipated savings; and/or

10.3.3 loss of business and/or goods; and/or

10.3.4 loss of goodwill; and/or

10.3.5 loss of use; and/or

10.3.6 loss of data or other information; and/or

10.3.7 loss relating to the procurement by the customer of any substitution of goods or services.

For the avoidance of doubt, the types of loss and/or damage specified in clauses 10.3.1 to 10.3.7 above shall not constitute direct loss for the purpose of these Conditions.

Same Day Deliveries within Great Britain 

10.4 For a same day delivery of Goods within Great Britain, the total liability of the Courier for that Consignment shall be as follows:

10.4.1 unless the declared value of the Consignment for same day delivery is greater than one thousand pounds sterling (£1,000) in which event clauses 10.4.2 or 10.4.3 shall apply, the total liability of the Courier for a same day delivery Consignment shall be limited to one thousand pounds sterling (£1,000); or

10.4.2 where the declared value of the Consignment for same day delivery exceeds one thousand pounds sterling (£1,000) but is less than five thousand pounds sterling (£5,000), the total liability of the Courier for a same day delivery Consignment shall be limited to five thousand pounds sterling (£5,000); or

10.4.3 where the declared value of the Consignment for same day delivery exceeds five thousand pounds sterling (£5,000), the Carrier shall specify the fee payable by the customer for the carriage of that Consignment and any subsequent limitation on the Carrier’s liability at the time the Carrier accepts the Booking for that Consignment.

Next Day Deliveries and International Deliveries

10.5 Unless the Courier agrees otherwise in writing pursuant to clause 3.9, the Courier’s total liability for: (i) any deliveries of the Consignment which are delivered as an next day delivery (whether within Great Britain or otherwise); or (ii) is an international delivery, shall be limited to the greater of one hundred pounds sterling (£100) or the amount of cover provided by the Courier’s agent chosen at the Courier’s absolute discretion to deliver that Consignment.  Details of such cover shall be provided to the customer upon request.

Excluded Goods

10.6 The Courier will not be liable to the customer for the carriage of Excluded Goods unless: (i) the customer notifies the Courier in advance that the Consignment contains in whole or in part Excluded Goods pursuant to clause 3.7 above; and (ii) the Courier decides (at its sole discretion) to accept the carriage of such Excluded Goods.  If the Courier agrees to accept the carriage of the Excluded Goods (at such additional fee as the Courier may determine (which the customer shall pay)), the Courier’s liability in respect of the same day delivery of the Excluded Goods shall be as set out in clause 10.4.1 above and shall be as set out in clause 10.5 for any next day deliveries (whether within Great Britain or otherwise) or for any international deliveries of the Excluded Goods.

Storage of Consignments

10.7 For any Consignments stored by the Courier at either its local service centre, national depot or other secure premises as chosen by the Courier, the total liability of the Courier for any loss of or damage to such Consignment shall not exceed the sum of one hundred pounds sterling (£100), unless the declared value of the Consignment exceeds such sum and the Courier has subsequently agreed in writing to a higher limitation on its liability.

Further Exclusions on Courier’s Liability

10.8  The Courier shall not be held responsible for any event beyond the reasonable control of the Courier, which prevents it from performing its obligations under the relevant contract including, but not limited to:

10.8.1 acts, omissions or misrepresentations by the customer, owner of the Consignment, Consignee or independent contractor or any failure of the foregoing to package and/or label the Consignment correctly pursuant to clause 4.1;

10.8.2 natural deterioration or fragility of the Consignment (notwithstanding that it may be marked “Fragile“); and/or

10.8.3 any unforeseen circumstances or causes beyond the Courier’s reasonable control, including but not limited to, act of God, war, riot, malicious damage, compliance with any law or government emergency procedure, accident, fire, flood, storm or industrial dispute, insufficient or improper packing, labelling or addressing, unless it is previously agreed in writing that the Courier shall perform such task; or

10.8.4 marine risk.

10.9  The customer shall provide to the Courier written proof of the value of the Consignment damaged or lost and the Courier shall be entitled to inspect the damaged Consignment.

11. WEBSITE

11.1 The information provided on the Courier’s Website has not been written to meet specific customer requirements and it is the sole responsibility of the customer to satisfy itself that the booked service ordered via the Courier’s website will be suitable for its requirements.

11.2 Whilst the Courier makes all reasonable attempts to exclude viruses from the Website, it cannot ensure that the Website will be virus free.

11.3 The Website is intended for use by the residents in the United Kingdom only and only in respect of their activities within the United Kingdom.

12. TIME LIMITS FOR CLAIMS

The Courier shall not be liable for loss of, misdelivery or damage to any Consignment unless it is notified by the customer of such loss or damage in writing within 7 days of the end of the transit and the claim giving details of the value and the circumstances of any loss is made in writing within 14 days after the end of transit. A claim for loss or damage will not be accepted on the consignment note.

13. INDEMNITY TO THE CARRIER

13.1 The customer shall indemnify the Courier against:

13.1.1 all losses suffered by the Courier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) as a result of any breach by the customer of these Conditions, fraud, error, omission, or misrepresentation by the customer, owner of the Consignment or Consignee;

13.1.2 all claims and demands made against the Courier by any third party in excess of the liability of the Courier under these Conditions;

13.1.3 all losses suffered by and claims made against the Courier resulting from loss of or damage to property caused by or arising out of the carriage of Dangerous Goods, Excluded Goods and/or the Prohibited Items; and

13.1.4 all claims made upon the Courier by HM Customs & Excise in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended.

14. SEVERANCE

If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of these Conditions and of such provision shall continue in full force and effect.

15. MISCELLANEOUS

15.1 A person who is not a party to the contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

15.2 The Courier undertakes to comply with any and all provisions of the Data Protection Act 1998 as applicable.

15.3 During the continuance of the business relationship with the Courier, and for a period of 6 months immediately following the last Booking placed by the customer, the customer shall not, directly or indirectly, solicit or offer employment or any other form of contract for services to any of the employees of the Courier who were directly involved in the performance of a contract of carriage during the 6 months immediately preceding the last Booking placed by the customer.

15.4 The payment terms and charges paid to the Courier are confidential, and the customer shall take all reasonable steps to ensure that such terms remain confidential. The customer may not disclose the terms or make any public announcement about the relationship the parties have entered into without the prior written agreement of the Courier, save for any disclosure required by law or by a statutory or regulatory body with power to order such disclosure.

15.5 Any notice or other communication to be given under or in connection with this Agreement, shall be given in writing and sent by recorded first-class post to the registered address of each party, or such other address as either party may substitute by written notice to the other. A notice shall be deemed delivered within two working days of posting, in the case of recorded first-class post; 24 hours.

15.6 The Courier shall be entitled to subcontract in whole or in part the performance of any or all of its obligations under these Conditions.

15.7 The waiver of either party of any breach of these Conditions will not prevent the subsequent enforcement of that term and will not be deemed a waiver of any subsequent breach.

15.8 The contract constitutes the entire agreement between the parties and supersedes all prior agreements, representations and understandings relating to the subject matter of the contract. Nothing in these Conditions shall limit either party’s liability in respect of fraudulent misrepresentation.

15.9 These Conditions (and any non-contractual claims) shall be subject to and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.