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No
agent of or person employed by or
under contract with the Company has
the authority to alter or vary in
any way these conditions unless
previously expressly authorised to
do so by the company in writing.
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If
any legislation is compulsorily
applicable to any business
undertaken, these conditions shall
as regards such business be read as
subject to such legislation and
nothing in these conditions shall be
construed as a surrender by the
Company of any of its rights or
immunities or as an increase of any
of its responsibilities or
liabilities under such legislation
and if part of these conditions be
repugnant to such legislation to any
extent such part shall as regards
such business be void to that extent
but no further.
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Customers
entering into transactions of any
kind with the Company for the
carriage of goods expressly warrant
that they are either the owners or
the authorised agents of the owners
of any goods to which the
transaction relates and further
warrant that they are authorised to
accept and are accepting these
conditions not only for themselves
but also as agents for and behalf of
all other persons who are or may
thereafter become interested in the
goods.
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Any
instructions or business accepted by
the Company may in the absolute
discretion of the Company be
fulfilled by the Company itself by
its servants performing part or all
of the relevant services or by the
Company employing or instructing or
entrusting the carriage of goods to
others to perform part or all of the
services.
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Subject
to express instructions given by the
client, the Company reserves to
itself absolute discretion as to the
means, route and procedure to be
followed in the handling, storage
and transportation of .goods.
Further if in the opinion of the
Company it is at any stage necessary
or desirable in the Customers
interest to depart from those
instructions, the Company shall be
at liberty to do so.
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The
Customer warrants that all goods
entrusted to it for carriage have
been properly and sufficiently
packed, labelled and or prepaid.
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All
offers and quotations by the Company
for its services are given on the
basis of prompt acceptance by the
Customer and shall only remain open
for acceptance for the period of
seven days unless revoked,
withdrawn, or verified by the
Company prior to such acceptance.
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All
credit accounts are invoiced weekly
with statements being rendered
monthly which are subject to
settlement within 14 days of date of
statement. Where payment is not
received by that date the Company
reserves the right to impose a
surcharge on all outstanding
balances at the rate of 3% per month
and debit any discount given.
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(i)
The Company shall only be
responsible for any loss or damage
for any non delivery or misdelivery
if it is proved that the loss,
damage non-delivery or misdelivery
occurred whilst the goods were in
actual control and such loss,
damage, non-delivery or misdelivery
was due to the negligence or default
of the company and in the event of
the Company providing transport the
carriage of such goods shall be
solely at the risk of the Customer
and the Company shall incur no
liability of any kind in respect
thereof, and the Customer is advised
to insure against such risks.
(ii) The Company shall only be
liable for any non-compliance or mis-compliance
with instructions given to it if it
is proved that the same was caused
by the negligence or default of the
Company.
(iii) Save as aforesaid the Company
shall be under no liability
whatsoever however arising, and
whether in respect of or in
connection with any goods or any
instructions, business, advise ,
information or service or otherwise.
(iv) It shall be the responsibility
of the Customer to satisfy himself
that any load that he wishes to have
carried by the Company shall be
suitable for conveyance in the
vehicle or machine ordered by the
Customer and provided by the
Company, and if the Customer accepts
the vehicle or machine offer by the
company for the carriage of such
load the Company will accept no
liability whatsoever for any loss or
damage to such load arising from the
unsuitability of such vehicle or
machine.
(v) Without prejudice to the
generality of the foregoing, in the
absence of express agreement by the
Company's general manager the
Company can under no circumstances
whatsoever accept any responsibility
for any delay to goods not due to
the negligence or default of the
Company.
(vi) Further and without prejudice
to the generality of the preceding
subcondition the Company shall not,
whether under sub-conditions (I) or
(ii) or otherwise, be under any
liability whatsoever for any
detention of goods or for any
consequential loss, damage or
deterioration arising therefrom
except where (a) the Customer shall
have specified to the Company the
nature of the goods and purpose of
their transit and the Company
through its general manager shall
have agreed in writing with the
Customer a time schedule and
specification in respect of the
transit of the respect of the said
goods (b) it shall be proved that
such detention, delay, loss, damage
or deterioration was due to the
negligence of the Company.
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In
no case whatsoever shall any
liability of the Company however
arising and not withstanding any
lack of explanation exceed the value
of the relevant goods or £250.00
per consignment whichever is the
less.
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In
any event the Company shall be
discharged from all liability for
loss from a package or an unpacked
consignment or for the loss or
non-delivery of the whole of a
consignment or for damage or mis-delivery
(however caused) unless the Company
is advised thereof in writing within
7 clear days and a quantified claim
is made in writing within 28 days
after the end of the transit of the
consignment.
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The Company will
not accept or deal with any noxious,
dangerous, hazardous or inflammable
or explosive goods or any goods
likely to cause damage. Should the
Customer nevertheless deliver any
such goods to the Company or cause
the Company to handle or deal with
any such goods he shall be liable
for all loss or damage whatsoever
caused by or to or in connection
with the goods however arising and
shall indemnify the Company against
all penalties, claims, damages,
costs and expenses whatsoever
arising in connection therewith and
the goods may be destroyed or
otherwise dealt with at the sole
discretion of the Company or by any
other person in whose custody they
may be at the relevant time.
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Except under
special arrangements previously made
in writing the Company will not
accept or deal with bullion, coins,
precious stones, jewellery,
valuables antiques, pictures,
(excluding commercial artwork)
livestock or plants. Should any
Customer nevertheless deliver any
such goods to the Company or cause
the Company to handle or deal with
any such goods otherwise than under
special arrangements previously made
in writing the Company shall be
under no liability whatsoever for or
in connection with the goods however
arising.
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All sums shown to
be due to the Company on its
invoices sent to the Customer shall
be paid to the Company immediately
when due without any deductions and
payment shall not be withheld or
deferred on account of any claim,
counterclaim or set-off.
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All agreements
between the Company and its
Customers shall be governed by
English Law and be within the
exclusive jurisdiction of the
English Courts.