Terms and Conditions

1. Definitions

"Carrier" means Westway Despatch LLP.

"Customer" means the person or company who contracts for the services of the Carrier.

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

"Consignee" means the person or company to whom the Carrier delivers the consignment.

"Consignment" means goods or property, whether or not contained in  separate parcels, packages, containers or envelopes to be delivered by  the Carrier for the Customer from one address to another, including any  papers and documents.

"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), and any other substance likely to cause or  encourage disease, vermin, pests or other hazard.

2. General

2.1 The Carrier is not a common carrier and  accepts at its sole discretion Consignments for carriage subject only to  these Conditions. These conditions shall apply to the exclusion of any  other terms and conditions (including those of the Customer). No  employee, agent or sub-contractor of the Carrier is authorised to alter  or vary these Conditions.

2.2 The Customer agrees that the  Conditions excluding or restricting any liability of the Carrier are  reasonable in regards to the existence of alternatives and other  carriers available to it.

2.3 The Customer warrants that it is  either the owner of the Consignment and accepts these Conditions or is  authorised by such owner to accept these Conditions on such owner's  behalf.

3. Sub-Contractor

The Carrier may engage any agent or  sub-contractor to fulfil the contract and shall provide the name of such  agent or sub-contractor to the Customer upon request.

4. Dangerous Goods

The Customer must disclose all Dangerous  Goods in advance and unless otherwise agreed, the Carrier will not  accept or carry Dangerous Goods. Where the Carrier accepts Dangerous  Goods for carriage they must be classified, packed and labelled in  accordance with any applicable statutory regulation for the carriage of  such substance and with any specific instructions of the Carrier. The  Customer shall further provide such information, document or declaration  as may be necessary to enable the carriage of such substance.

5. Delivery

5.1 The Customer shall ensure that the  Consignment is secure, properly packed and labelled in accordance with  statutory requirements and is fit and safe to be carried, stored and  transported by road.

5.2 The Carrier will use all reasonable efforts to deliver within the time specified for delivery.

5.3  The Carrier 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 Carrier.

5.4 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 Carrier for any damage, however caused, if the Carrier is  instructed to load or unload any Consignment requiring special equipment  where such equipment has not be provided or procured by the Customer.

5.5  The Carrier will allow up to 10 minutes for loading, unloading or  waiting when picking up or delivering a consignment. Thereafter, the  Carrier will charge the Customer for the total waiting/loading time  (including the first 10 minutes) at the operative rate.

6. Consignment Notes

6.1 If required, the Carrier 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 Carrier.

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

7. Transit

7.1 Transit commences when the Carrier takes  possession of the Consignment, whether at the point of collection or at  the Carrier's premises.

7.2 Subject to paragraph 7.3, transit  shall (unless otherwise agreed) end when the Consignment is tendered at  the usual place of delivery at the Consignee's address.

7.3 Where a  Consignment cannot be delivered (for whatever reason), or is held by  the Carrier to await order, or further instructions are not given, or  the Consignment is not collected within 48 hours of notice being given  to the Customer, or such other time as the Carrier may nominate, then  transit shall be deemed to end at the expiry of such time.

7.4 The Carrier shall be entitled to recover any expenses incurred in attempting to effect delivery.

7.5  The maximum value of any one consignment shall not exceed £250, should  the customer wish to send a consignment of value in excess of this £250  he may do so but the liability of the carrier shall remain £250.

8. Undelivered or Unclaimed Consignments

8.1 Where the  Carrier is unable to effect delivery as requested by the Customer, or  where transit has come to an end, the Carrier shall use its reasonable  endeavours to notify the Customer and the Consignee of any undelivered  or unclaimed goods. Unless the goods are collected or instructions are  given for their disposal within 48 hours (or such other time as the  Carrier may nominate) of notice being given, the Carrier may destroy or  sell the goods as if it were the absolute owner.

8.2 The Carrier  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 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 Customer shall be discharged from  all liability in respect of the goods.

9. Cancellation

In the event of cancellation of any  contract of carriage by the Customer within 30 minutes prior to the  start of transit from their account address and within 60 minutes prior  to the start of transit from any other destination, the Customer shall  be liable to the Carrier for any losses incurred as a result of the  cancellation, not exceeding the full cost of hiring.

10. Carrier's Charges

10.1 Payment terms are 28 days from date of invoice.

10.2  The Carrier's charges shall be based on its tariffs in effect at the  time. The Carrier will prepare invoices at least once a month. Credit  facilities granted to a Customer may be withdrawn at the Carriers  discretion at any time and the balance outstanding shall become due  immediately on demand.

10.3 The Carrier shall be entitled to  charge interest at 5% above the prevailing Official Dealing Rate of the  Bank of England calculated on a daily basis on all overdue amounts. Any  queries in respect of an invoice must be made in writing within seven  days of the date of the invoice otherwise it will be deemed to have been  accepted and will be payable in full.

10.4 All charges quoted are exclusive of Value Added Tax (VAT), which will be charged on all consignments.

11. Lien

11.1 The Carrier shall have a general lien over  the Consignment, for monies due from the Customer. If a lien is not  satisfied within a reasonable time and the Customer is the owner of the  Consignment, the Carrier may at its absolute discretion sell the whole  or part of a Consignment and apply the sale proceeds towards monies due  and the expenses of the carriage, storage, sale or disposal of the  Consignment. Any balance remaining shall be paid to the Customer upon  which the Carrier shall be discharged from all liability in respect of  the Consignment. Where the Customer is not the owner of the Consignment,  the Carrier shall be entitled to retain possession, but not dispose of  the Consignment, until all monies due in respect of the Consignment are  paid in full.

12. Limitation of Liability

12.1 Except where the Customer  has specifically requested the Carrier to arrange insurance prior to  commencement of transit of the Consignment, the Carrier shall not be  liable for any loss, delivery to wrong address or damage to livestock,  cash, jewellery, furs, watches, precious metals, stones, bullion and the  like, non ferrous metals, scrap, explosives and similar articles.

12.2  The Carrier shall not be liable in respect of any loss, delivery to  wrong address or damage to any Consignment as a result of any:
12.2.1  Force majeure event which shall mean any circumstance beyond the  reasonable control of the Carrier, (including, without limitation, act  of God, outbreak of hostilities, riot, civil disturbance, acts of  terrorism, the act of any government (including refusal or revocation of  any licence or consent) fire, explosion, flood, power failure, failure  of telecommunication lines, fuel shortage, any strike, lock out or other  form of industrial action);
12.2.2 Seizure or forfeiture under legal process;
12.2.3 Act, omission, or misrepresentation by the Customer, owner of the Consignment, Consignee or independent contractor;
12.2.4  Inherent liability to wastage in bulk or weight, defect or inherent  defect, natural deterioration or fragility of the Consignment  (notwithstanding that it may be marked "Fragile");
12.2.5  Insufficient or improper packing, labelling or addressing unless it is  previously agreed in writing that the Carrier shall undertake such task.
12.2.6 Marine risk

12.3  The Carrier shall not in any circumstances be liable for loss or damage  to the Consignment after transit is deemed to have ended, whether or  not caused or contributed to by the Carrier.

12.4 The Carrier  shall not in any circumstances be liable for any loss or damage where  there has been fraud on the part of the Customer, owner of the  Consignment or Consignee, unless the fraud has been contributed to by  the Carrier or its employees acting in the course of their employment.

13. Liability for Loss and Damage

13.1 The liability of the  Carrier for loss of or damage howsoever caused to any Consignment shall  be limited to a maximum liability of £250 per Consignment.

13.2  Where the loss or damage is only in respect of part of the Consignment,  the Carrier's liability shall be limited to the actual value of that  part of the total consignment up to a maximum liability of £250.

13.3  The Carrier shall in no circumstances, except in respect of death or  personal injury caused by the Carrier's negligence, be liable for any  consequential, special or indirect loss or damage costs, expenses or  other claims whatsoever (whether for loss of profit or otherwise and  whether due to the negligence of the Carrier, its employees, agents or  otherwise) which arise out of or in connection with the supply of the  Carrier's services.

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

13.5 The Carrier shall only be liable for loss or damage occurring within Great Britain.

14. Time Limits for Claims

The Carrier shall not be liable  for loss 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.

15. Indemnity to the Carrier

15.1 The Customer shall indemnify the Carrier against:
15.1.1  All losses suffered by the Carrier (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 of these Conditions, fraud, error,  omission, or misrepresentation by the Customer, owner of the Consignment  or Consignee;
15.1.2 All claims and demands made against the Carrier  by any third party in excess of the liability of the Carrier under  these Conditions;
15.1.3 All losses suffered by and claims made  against the Carrier resulting from loss of or damage to property caused  by or arising out of the carriage of Dangerous Goods; and
15.1.4 All  claims made upon the Carrier by H M Customs and Excise in respect of  dutiable goods consigned in bond, whether or not transit has ended or  been suspended.

16. Severance

If any provision of the 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.

17. Governing Law and Jurisdiction

These Conditions and all  contracts with Customers shall be governed by and construed in  accordance with the Laws in England and any proceedings shall be subject  to the exclusive jurisdiction of the English Courts.