In these "Terms and Conditions of Carriage":-
DIRect Courier Services, unless otherwise stated means anybody employed by, or sub-contracted to DIRect Courier Services for the purpose of carriage of goods on behalf of DIRect Courier Services.
The Customer means the person who contracts for the services of DIRect Courier Services.
Any business undertaken by DIRect Courier Services is subject to these terms and conditions which shall constitute the terms of any contract between DIRect Courier Services and the Customer.
DIRect Courier Services is not a common carrier and will only carry goods on these conditions.
These terms and conditions cannot be changed or varied unless by the owner of DIRect Courier Services.
These Terms and Conditions apply from the time of acceptance of the Customer's order by DIRect Courier Services.
1. Subject to instructions agreed between the Customer and DIRect Courier Services. DIRect Courier Services reserves right to determine the travelling route and procedure together with the matters of handling and storage of goods. Furthermore, DIRect Courier Services reserves the right to deviate from the Customer's instructions if it is deemed appropriate or necessary.
2. The customer is responsible for accurate labelling of goods including the provision of the goods delivery address and the senders address together with any notice that goods are fragile and/or have special handling requirements.
3. Where charges remain outstanding for 30 days after the invoice date, DIRect Courier Services will be entitled to charge interest and or add charges on any outstanding amounts due to DIRect Courier Services, until charges are paid in full. No VAT is payable on penalty charges or interest. The same charges shall apply immediately to any returned cheques which must then be cleared by a secure bank-to-bank transaction.
4. In the event of the Customer cancelling the requested service without informing DIRect Courier Services in good time, a cancellation charge of £25 plus VAT or 0.50p per mile plus VAT, which ever is the higher for any journey or (part of) whilst heading to the collection or delivery point will be applied.
5. In the case of DIRect Courier Services using the services of a sub-contracted courier, any claim for loss, damage to goods, non delivery or wrong delivery must be lodged against the individual Courier's insurance and not to DIRect Courier Services. DIRect Courier Services shall only be responsible for loss or damage to goods, non-delivery, or wrong delivery, if the cause is proved as negligence or the default of DIRect Courier Services.
6. It shall be the responsibility of the customer to satisfy him/herself that the vehicle offered to carry the goods is suitable for their load. DIRect Courier Services will not accept liability whatsoever for any claim arising from any claimed unsuitability of the vehicle offered.
7. DIRect Courier Services will not accept any liability whatsoever for any delay to goods, where the delay is of any other cause than the negligence of DIRect Courier Services.
8. As DIRect Courier Services is unable to assess the value of the goods to be carried prior to their collection, DIRect Courier Services will assess the value of the goods to be a maximum of £1,000, unless stated by the Customer.
9. DIRect Courier Services insure to a maximum value of £15,000 per delivery via their own Goods in Transit Insurance. If the value of the goods to be carried is to be greater than £15,000, the customer must either notify DIRect Courier Services in good time to provide a Courier with additional adequate insurance cover, or it will be assumed that he/she has otherwise insured the goods separately and hence any liability or claims will revert to the Customer or their agent.
10. Any claim against DIRect Courier Services must be lodged in writing within 7 days of the delivery occurring and a quantified claim lodged in writing within 28 days.
11. DIRect Courier Services will not accept, handle or deal with any livestock, animals, reptiles, noxious, dangerous, hazardous, inflammable or explosive goods, or any goods likely to cause damage. Should the customer, (knowingly or unknowingly) prepare any such goods for transit, or cause handling by DIRect Courier Services, then DIRect Courier Services shall not be liable for any loss, damage, or detention of such goods nor from any resultant claims against persons or property that results. All such liability and claims will revert to the customer or their agent.
12. Except by special arrangement, DIRect Courier Services will not accept for transit or deal with bullion, precious stones, jewellery, valuables or plants. Should a Customer deliver any such goods for carriage by DIRect Courier Services without declaring them, DIRect Courier Services shall not be liable for any consequent loss, damage, deterioration or liability arising.
13. Waiting Time - If one of our couriers has to wait longer than 15 minutes for collection after the agreed collection time, we will charge waiting time. £12 per hour, in 15 minute sections and rounded up to the nearest.
These terms and conditions shall be subject to and construed in accordance with English law and any proceedings in relation thereto shall be subject to the exclusive jurisdiction of the English Courts.