1. Terms of Agreement
When you give us your bookings you agree to all the terms in this non-negotiable document, and in our current tariffs, service guides and in any specific service’s terms and conditions, all of which are available on request. If at any time there is a conflict between these terms and conditions and our current tariff, the latter shall take precedence. The terms and conditions of our tariffs, service guides, and specific services are made part of this agreement, and no one is authorised to alter or modify those terms.
2. Carrier is not a common carrier
The Company is not a common carrier and will only accept goods for carriage under the terms and conditions in this document.
3. Terms of credit
All accounts are issued and maintained in strict accordance with the company’s terms of credit, which are as follows:
- Accounts are due when rendered and payment is required within 15 days of the invoice.
- The account facilities are granted for an initial period of three months, and will continue thereafter subject to the terms and conditions being met in full.
- Account customer invoices carry V.A.T. at the standard rate.
- All invoices issued by the company are deemed correct unless queried within 15 days of the date of the invoice.
- The customer shall not be entitled to defer or withhold the payment of any monies due or liabilities incurred to the company, by reason of having any claim or counterclaim, or any alleged claim or counterclaim, and the customer shall not under any circumstances be entitled to any rights of set-off in relation thereto.
- Any account failing to pay within the terms of the agreement will be suspended and all monies outstanding will be passed to our collections department.
4. Liability of the company
The company shall be liable for any loss or damage, occasioned during carriage unless and to the extent that the same has been caused by, is due to, or has arisen from:
- An act of God, force majeure or any other occurrence or cause beyond the control of the company, including but not limited to war, civil commotion, invasion, hostilities, riots and other like occurrences.
- Seizure, damage, confiscation, requisition or destruction under legal process by or under the order of any government, local authority, or any other public body.
- Any act of omission of the customer or the owners of any goods comprised in a shipment (or part thereof), including their respective servants or agents and anything done by the carrier at the express request or discretion from them.
- Inherent liability to wastage, either in bulk, weight or quality, any latent or inherent defects or natural deterioration of the goods.
- Insufficient or improper packaging, labelling or addressing.
- Industrial disputes, lockouts and general or partial stoppages or restraints of labour of whatever nature.
- Electrical, magnetic, injury, erasure, x-ray or other similar damage to electronic or photographic images or recording in any forms. Under no circumstances shall the company be liable in any event for consequential loss, special damages or other indirect loss, howsoever arising, whether or not the company knew or ought to have known that such losses or damages might be incurred, including without limitation loss of income, profits, interest or loss of interest.
5. Time limit for claims
The company shall not be liable for any loss, damage or other liability whatsoever nature unless:
- The customer notifies the company in writing of an impending claim within ten days after commencement of transit and
- The company receives a detailed written claim, including any relevant documentation requested by the company within twenty-eight days of the commencement of transit.
6. Governing law
These conditions and each and every contract made pursuant thereto shall be governed by and construed in accordance with English law and the customer hereby submits to the non-exclusive jurisdiction of the English Courts.
7. Terms and conditions specific to passenger services
The company in accordance with all the conditions undertakes all passenger bookings in this agreement and with the following additions:
- In the case of any damage sustained to the company’s property or vehicle’s by you however caused, the customer will be liable for all costs pertaining to the matter, including but not limited to, damage repair, vehicle cleaning, reasonable compensation of the company’s loss of earnings, and any other liabilities incurred by us in relation to the incident, all charges will be billed to the account.
- The company shall not be liable for any property left by any customer in a vehicle provided by the company. Any such discovered items will be held at the company office.
- Any property handed in to the company offices will be held for a period of 48 hours, and the company shall make every reasonable effort to find the owner during this time. After 48 hours the goods will be taken to Fareham Borough Council.
- Any property being returned to you by a company vehicle will be chargeable; no charge will be made for any item collected from the company.
8. Terms and conditions specific to all goods services
All goods bookings are undertaken by the company in accordance with all the other conditions in this agreement and with the following additions:
- Hazardous, illegal or dangerous goods, as classified by either English or International law, will not be carried, and the customer not the company shall be liable for any consequences or actions of any kind, resulting from the carriage or attempted carriage of any such items.
- The company shall not be liable for any loss, damage or other liability of any kind whatsoever resulting from goods deliveries arriving late for whatever reason, including but not limited to all the conditions in Section 4 and in addition, mechanical breakdown, excessive traffic congestion, adverse weather conditions, customers delays and any other delays out of the company’s control.
- Unless otherwise agreed in writing the method and route of transit shall be at the absolute and sole discretion of the company.