Delivery terms & conditions
Definitions
- The company means Neon transport Ltd (company no. 5753636) whose registered office is at 148 Imperial Way Chislehurst Kent BR7 6JS.
- The customer means the person requesting the company to transport the consignment.
- Consignment means any article or articles of any sort which may be, or be intended to be, received by the company from any one consignor at any one address for carriage and delivery at any one time to any one consignee at any one other address.
- The relevant collection point means the address at which any consignment is to be received by the company The relevant delivery point means the address to which any consignment is to be delivered by the company
Company's obligation
In consideration of the payment to be made to the company by the customer, the company shall (subject as hereinafter mentioned) during the continuance of this agreement carry out the service described in the schedule
The company and the customer agree to the following limitation of liability
Provision as to liability of the company, its servants or agents. So far as concerns damage caused to the customer the company shall be liable to the customer (and then only to the limited extent set out below) only if and in so far as such damage is caused by the negligence, breach of the duty or other wrongful act or omission of the company itself or its directors of servants acting within the course of their employment.
- In the event of loss or damage to the whole consignment, of a sum not exceeding whichever is the greater of an amount calculated at the rate of £ 2.000 per tonne on the gross weight of the consignment.
- In the event of loss or damage to part of a consignment, of the proportion of the sum ascertained in accordance with sub-clause 1 above which the actual value of the part of the consignment bears to the actual value of the whole of the consignment.
- In respect of any claim arising other than as a result of loss or damage to a consignment or part thereof, of a sum not exceeding £50 in respect of any one consignment provided that the company shall be entitled to require proof of the value and weight of the whole consignment and any part or parts thereof
Provision as to notification of claims
The company its servants or agents shall not be liable to the customer in any circumstances or to any extent whatever in respect of damage caused to the customer unless written notice is received by the company at its registered office within 14 days, in the case of damage to the whole or part of a consignment or loss of part of a consignment, and, in all other cases, 28 days of the date upon which the consignment was collected or received by the company.
Loading and unloading
When collection or delivery takes place at the customer's premises the company shall not be under any obligation to provide any plant power or labour which, apart from the company's servant, may be required for loading or unloading at such premises.
Collections and deliveries
- Collections and deliveries which take more than fifteen minutes may be subject to a surcharge
- The company will make one attempt to deliver a consignment during normal working hours. If the company cannot obtain a receipt at the relevant delivery point it may attempt to deliver and obtain an appropriate receipt at an address close to the relevant delivery point and, if successful, the company will leave at the relevant delivery point details of the address at which delivery has been effected. If the consignment has not been delivered, the company will return it to the company's premises, after leaving at the relevant delivery point a request for the consignee to contact the company to make alternative delivery arrangements. If no such contact is made within a reasonable time the company will return the consignment to the consignor at the customers cost.
Sub contractors
No objection will be taken to the use by the company at its own expense of any other carrier and in such circumstances both the company and such other carrier shall be entitled to the protection of all the terms hereof which exclude or limit the liability of the company.
Payment
- Payment in full will be made within 30 days of date of invoice.
- All charges stated are exclusive of the value added tax and are subject to variation.
- If fulfilment of a contract involves performing services on a weekend / bank or public holiday the company will be entitled to make reasonable extra charges to reflect any additional costs incurred by the company.
- The company will be entitled to make reasonable extra surcharges for fuel to reflect any extra costs the company may incurred.
Items not carried
The company shall not be required or caused to carry or convey anything if such carriage or conveyance would be unlawful. The company will not, without its specific agreement, carry livestock, liquids, perishable goods, glass, gases, pyrotechnics, arms and ammunition or corrosive, toxic, flammable, explosive oxidising, or radioactive materials. The company reserves the right to refuse any parcels which are neither the property of, nor sent on behalf of, the customer.
Customer undertakings
- The consignment will be accepted at the relevant delivery point and an appropriate receipt therefore will be given to the company's representative escorting such consignment. Such receipt shall be conclusive evidence of delivery save where such receipt is obtained as a result of any fraud, collusion or dishonesty on the part of the company's representative.
- In the event of a strike of employees of the customer or of employees at the relevant collection or delivery points the company's servants or agents will not be asked to perform any additional duties or any duties of a strike-breaking nature.
Miscellaneous provisions
- No reduction of charges will be made if the company receives less than the number of parcels for which the customer has contracted.
- Consignments travelling more than 150 miles may be subject to a delay.
Variation, ETC.
No variation, extension or cancellation of these terms shall be binding upon the company unless and until it is confirmed in writing under the hand of a director of the company and, for the avoidance of doubt, it is declared that no person other than such director has authority to negotiate or enter into any commitment on behalf of the company the effect of which would or might (but for this present clause) involve the company in any legal liability whatsoever.
Termination
This agreement may be determined be either party giving to the other one month's previous notice in writing to that effect or forthwith if the other party shall commit any breach of its obligations there under or (being an individual) shall commit an act of bankruptcy or (being a corporation) shall go into liquidation other than for the purpose of reconstruction of amalgamation, or shall suffer the appointment of an administrator or a receiver of any of his or its property or income or make any deed or arrangement with or composition for the benefit of any of his or its creditors.
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