Definitions
An “Account” comprises the personal information associated with the Customer, such as name, address, payment card details, and booking history, registered with the Carrier.
Bookings made by Account holders are considered Account Bookings.
The term “Booking” refers to a request for the carriage of a consignment placed by the Customer with the carrier via telephone, email, facsimile or online.
“Carrier” refers to Courier Near Me
Carrier’s “Conditions” are these conditions of carriage, which apply to any contract of carriage between the two parties.
“Consignee” means the person to whom the Carrier delivers the Consignment.
A “Consignment” is any package, box, container, envelope, or other object that the Carrier sends to the Consignee on the Customer’s behalf.
Customer refers to any legal person who contracts with the Carrier for services.
The term “dangerous goods” refers to goods that meet the definition of dangerous goods contained in the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), as revised or reissued from time to time.
Data Protection Law refers to data protection regulations that are occasionally in effect in the UK. The General Data Protection Regulation (EU) 2016/679, as well as any national implementing laws, regulations, and secondary legislation, as amended or updated from time to time in the UK, shall be included. It shall also include any successor legislation to this regulation applicable and in force from time to time.
Excluded Goods refers to items that the Carrier is not permitted to transport in accordance with clause 3.9. These items include, but are not limited to, precious stones, precious metals, watches, jewellery, glass, furs, china, art, antiques, prescription drugs, fragile and perishable goods, money, vouchers, travellers’ checks, bearer bonds, bills of exchange, promissory notes, stamps, photographs, documents of title to property, and bank, credit, pre-pay (we are happy to carry goods of this nature as long as informed of load inventory)
The term “Non-Account Booking” refers to a Booking made by a Customer without an Account.
Bookings made by the Customer via the website are deemed “Online”
The term “personal data” is defined in the Data Protection Legislation.
The definition of “Prohibited Items” is found in clause 3.9.
Website” refers to the Carrier’s website, which can be found at www. Couriernearme.co.uk
In England, a “working day” is any day other than a Saturday or Sunday, or a public or bank holiday.
2.1 The Carrier provides an all-inclusive Consignment service to the Customer, which may include, but is not limited to, Consignment carriage, a booking service, account management support, delivery tracking, delivery reporting and other features agreed upon between the Carrier and its Customer from time to time. The Customer acknowledges that the Carrier will use an employee, agent, or subcontractor for the carriage component of its service. (customers cannot currently track goods)
2.2 The Carrier is not bound under any other terms and conditions except where written agreement has been obtained by a Director. No employee current or future is authorised to alter or vary these conditions.
2.3 The Customer agrees that the Conditions are fair and just in light of other service providers at the disposal of the customer
2.4 The Customer acknowledges it has full authority to enter into and operate all its obligations under these Terms and Conditions.
2.5 The Carrier reserves the right, without prior notice, to discontinue the Website and the ability to make reservations online or through an app, as well as the right to decline to accept and/or carry out any orders put there.
3.1 The Customer must submit each Booking with the Carrier to the Carrier via telephone, email, facsimile, Online and in future the App.
“3.2 The Carrier is required to give the Customer a quote for the transportation of the relevant consignment . This quote will be good for 7 days or other time frame as agreed by Carrier.
Upon request the Customer will provide written quotations. All Bookings made are subject to Carrier acceptance , Carrier can and upon attendance to collection address refuse any Booking. Refusal reasons will be provided to Customer via agreed methods. All Bookings and each booking will be governed by these Terms and Conditions, with each booking treated in isolation forming an independent contract with the Carrier. The Carrier reserves the right to amend any Booking with prior notice to the Customer.“
3.3 When the Carrier confirms receipt of a Booking, a contract between the Customer and the Carrier (the “Contract”) is formed. Customers should be aware that their Booking will not be accepted by the Carrier until such confirmation.
3.4 If the Carrier is prevented from performing its obligations under these Conditions due to the Customer’s acts and/or omissions, the Carrier may levy additional charges (including, without limitation, time charges for waiting and/or loading), and the Customer shall pay such charges in accordance with clause 9 below.
3.5 The Carrier will deliver Consignments to only the address specified by Customer at time of booking. The Carrier will reevaluate its charges in the event thE Customer changes delivery address. Any variation to charge will be notified in writing. Agreement on amended charges will be sought before commencement.
3.6 All quotations will be based on the service offered at time of booking. All quotations will take into consideration mileage of journey, vehicle size, any bespoke or additional requirements. Mileage calculations will be as the crow flies subject to a tolerance of [+/-5%].
3.7 Additional services above standard carriage requirements will require prior discussion with the carrier. The carrier will at all times take reasonable steps to meet additional requirements however reserve the right to charge additional fees where the requirements alter the carrier’s standard operating procedures.
Dangerous Goods
3.8 Unless otherwise specified, the Carrier will not accept or transport any Hazardous Items unless they are revealed by the Customer in advance. When the Carrier accepts dangerous goods for transportation, they must be packaged, labelled, and classified in accordance with any applicable statutory regulations for the transportation of such dangerous goods as well as any specific instructions from the Carrier, which shall be outlined in a separate written agreement between the Carrier and the Customer. As part of that separate written agreement, the Customer must also supply any additional information, documentation, or declarations that may be required to allow the Carrier to transport the dangerous goods in question.
Excluded Goods
3.9 If the proposed Consignment contains Excluded Goods, the Customer must notify the Carrier of the content and value of such Excluded Goods at the time of Booking, and the Carrier may (at its sole discretion) elect to carry such Excluded Goods. Except as provided in clause 11.1, the Carrier shall not be liable to the Customer for any loss, however caused, unless the Carrier has agreed to accept such liability in writing. The Carrier reserves the right to charge (and the Customer agrees to pay) an additional sum for the carriage of the Consignment of Excluded Goods and will notify the Customer of such sum prior to accepting the Booking.
Prohibited Items
3.10 The Customer shall not submit for carriage (and the Carrier may without any liability whatsoever reject such carriage at any time upon notice to the Customer) any Consignment that contains any of the following: firearms, munitions, inflammable items or other explosives, livestock or other animals, human remains, any obscene, defamatory, b. If the customer consigns prohibited items (and irrespective of whether they do so). Regardless of whether the Carrier has agreed to carry the Consignment if the Customer submits Prohibited Items, the Customer must hold the Carrier harmless from any and all losses, damages, claims, liabilities, costs, and expenses (including, without limitation, legal costs and expenses) arising out of or in connection with the carriage of the Consignment containing such Prohibited Items.
4.1 The Customer is responsible for making sure that the Consignment is fit and safe to be carried, stored, and transported by road, air, rail, or sea as may be necessary. It must also be securely packed, properly labelled, and packed in accordance with good practice and any applicable statutory requirements.
4.2 The Carrier will make every attempt to pick up and deliver the Consignment by the dates and times provided by the Carrier when confirming a Booking, but unless otherwise agreed, these dates and timings are simply estimations, and there is no rush.
4.3 Unless otherwise agreed to in writing by the Customer and the Carrier:
4.3.1 Other than what is carried by the vehicle the Carrier uses, the Carrier shall not be expected to supply any labour or specialised equipment for loading or unloading the Consignment; and
4.3.2 The Customer guarantees that it will supply or obtain any specialised equipment needed for loading or unloading the Consignment, and it will hold the Carrier harmless for any damage to the Consignment or the Carrier, regardless of how it was caused, if the Carrier is given the order to load or unload any Consignment requiring specialised equipment but the Customer has not supplied or acquired said equipment.
4.4 Under no circumstances shall the Carrier be liable to the Customer for any loss or damage to:
4.4.1 the Delivery; or
4.4.2 Any assets owned by the client relating to or resulting from:
4.4.3 the use of any special equipment by the Carrier in loading or unloading the Consignment (other than that carried by the Carrier’s vehicle);
4.4.4 when the Carrier enters the Customer’s or Consignee’s premises to pick up or deliver the Consignment; or
4.4.5 The Carrier may also render any other services to the Customer (whether for the benefit of the Customer or the Consignee), whether or not the Customer and/or the Consignee participate in such provision (collectively, the “Out of Scope Services”), that fall outside the normal and reasonable expectations of a point-to-point courier.
4.5 The Carrier is not obligated to provide Out of Scope Services (in whole or in part) to the Customer (whether for the benefit of the Customer or the Consignee) unless such provision is included in the Customer’s Booking and confirmed by the Carrier in accordance with clause 3.3.
4.6 Whether or not the Customer and/or the Consignee help in securing the Out of Scope Services, the Customer shall hold the Carrier, its affiliates, contractors, agents, directors, and employees harmless from and against any and all losses, liabilities, damages, claims, actions, proceedings, expenses, and costs (including legal and professional costs) that the Carrier and/or such related parties suffer or incur as a result of or in connection with the Carrier’s provision of the Out of Scope Services.
4.7 The Carrier must deliver shipments using the route that it deems appropriate in its sole discretion.
5.1 If necessary, the Carrier shall acknowledge receipt of the Consignment by signing a document created by the Customer; however, this document shall not serve as proof of the Consignment’s state, declared nature, quantity, or weight at the time it is received by the Carrier.
5.2 Pursuant to article 5.3, the Carrier shall require written acknowledgment at the time of delivery of the Consignment, and in the event that the Carrier is unable to acquire such acknowledgment, the Carrier shall be deemed to have been unable to accomplish delivery for the purposes of clause 7.1.
5.3 The Customer shall be deemed to have unconditionally and irrevocably waived any and all claims it may have with regard to the final delivery of the Consignment to the Consignee if the Customer notifies the Carrier prior to the delivery or attempted delivery of the Consignment that the Carrier need not provide to the Customer a signature as proof of delivery of the Consignment. If a Customer informs the Carrier that proof of delivery is not necessary in accordance with this clause 5.3, the Carrier is not responsible to the Customer if the Consignee later asserts that the Consignment has not been delivered.
6.1 Whether at the Carrier’s premises or at another place of collection, Transit begins when the Carrier takes control of the Consignment.
6.2 Pursuant to clause 6.3, the time that the Consignment is tendered at the Consignee’s address that the Customer gave at the time of Booking marks the end of the Carrier’s Transit (unless otherwise agreed).
6.3 If a shipment cannot be delivered (for any reason) or is being held by the carrier while it waits for an order or additional instructions, and those instructions are not given or the shipment is not picked up within 24 hours of receiving notice from the carrier, or within another period of time the carrier may specify, transit will be deemed to have ended at the end of that period of time.
6.4 The Carrier is entitled to full reimbursement for any delivery that is unsuccessful due to incorrect or incomplete information provided by the Customer, as well as reimbursement for any costs or losses it incurred while making the attempt to make the delivery.
6.5 The Customer is aware of and agrees that the Carrier has the right to inspect any Consignment that it reasonably believes poses a danger to security or public safety and to take whatever further action it deems necessary.
7.1 The Carrier shall use reasonable efforts to notify the Customer and the Consignee of any undelivered or unclaimed Consignment if it is unable to achieve delivery as requested by the Customer when making a Booking or if transit has ended. Title to the Consignment shall transfer to the Carrier and the Carrier may destroy or sell the Consignment as if it were the sole owner unless the Consignment is picked up from the Carrier by the Customer or instructions are given for its disposal, onward carriage, or return to the Customer within 7 days of such notice being given (or such other time as the Carrier may nominate). When a shipment is returned to the customer by the carrier or the customer arranges for the shipment’s onward carriage and delivery by the carrier (excluding any returns to the customer), the return or onward carriage (as applicable) shall be at the customer’s sole cost and expense and shall be charged to the customer (and the customer shall pay) at the carrier’s standard rates as they are in effect at the time (and shall be paid by the customer).
7.2 If the Carrier sells the Consignment to a third party in accordance with clause 7.1, the Carrier must make reasonable efforts to secure a fair price for the Consignment and use the sale proceeds to cover all legitimate costs and fees related to the Consignment’s transportation, storage, sale, or disposal. Any surplus funds must be given to the customer after which the carrier is released from all obligations regarding the consignment. When the sale revenues fall short of covering all of the carrier’s costs and fees, the carrier must charge the customer (and the customer must pay) the difference.
8.1 Subject to the provisions of this clause 8, either the Carrier or the Customer may cancel a Booking and terminate the Contract at any time for any reason with immediate effect by notifying the other.
8.2 In the event that a Booking is cancelled by the Carrier in accordance with clause 8.1 due to a violation of these Conditions by the Customer, the Carrier may, without limiting any other rights or remedies it may have at law or under these Conditions, charge (and the Customer shall pay) a reasonable fee for the time and effort expended by the Carrier in connection with that Booking, up to the full amount of the fees specified by the Carrier in accordance with clause 9.1. Additionally, the Carrier reserves the right to hold the Client accountable for lost employment prospects brought on by a violation of the Terms and the termination of a Booking in accordance with this clause 8.2.
8.3 If the customer cancels a Booking for a Consignment, the customer will be responsible for paying the carrier’s full charges for transporting the Consignment. Only cancelled Bookings where the Carrier has picked up the relevant Consignment are covered by this condition 8.3.
8.4 In the event that the Customer cancels a Booking after the Carrier has left to pick up the Consignment (but prior to collection), the Carrier may charge (and the Customer shall pay) a reasonable fee for the time and effort expended by the Carrier in connection with that Booking, up to the full amount of the fees specified by the Carrier in accordance with clause 9.1. Moreover, the Carrier retains the right to charge the Client for lost revenue as a result of a Booking cancellation after the Carrier has left the area (but prior to collection).
9.1 In accordance with these Conditions, the Customer is responsible for paying the Carrier’s fees. The carrier must specify the fees associated with a Booking as part of the confirmation mentioned in clause 3.3.
9.2 With the exception of section 9.4, payment terms are 14 days from the invoice date, and any exception from these terms requires written consent from an authorised representative of the Carrier. For a Customer who has signed the relevant authorization documents to authorise its bank to make payment via direct debit, payment terms may be extended to 28 days from the date of the invoice.
9.3 Unless payment is provided by credit card, the Carrier shall render invoice(s) to the Customer at least once per month based on its rate in effect at the time of transport of the Consignment. Credit facilities provided to a Customer may be revoked at any moment at the sole discretion of the Carrier, and the outstanding balance will then become due immediately upon demand. [If a corporate credit card is used to make the payment, the Carrier reserves the right to impose an extra fee to cover its costs associated with receiving the payment; the Carrier will inform the Customer of the fee’s amount prior to completing the Booking.]
9.4 If the Customer pays for a Consignment in advance of a Booking with a credit card, the costs for the Consignment, plus an additional 10% to cover the cost of any additional fees levied by the Carrier in accordance with clause 3.4 above, will be pre-authorized on the Customer’s credit card. The value of the total amount payable by the Customer for the Booking (including additional costs) will be released from the pre-authorized funds to the Carrier after completion or cancellation of the Booking. The customer hereby authorises the carrier to charge any remaining balance to the customer’s credit card if the pre-authorized funds on the customer’s card are not enough to cover the full amount the customer owes to the carrier. To be clear, a pre-authorization is a security assurance, and until the pre-authorization is released, no money is taken from the customer’s account. Only the value of the Consignment plus any additional fees (if any) incurred in accordance with section 3.4 will be charged to the Customer’s credit card.
9.5 The Carrier reserves the right to raise fees upon 30 days’ written notice to account for fuel price changes. In the event that business conditions, laws, or the cost of delivering any services change, the Carrier retains the right to modify its tariff by sending the Customer at least 30 days’ written notice. After the date on which the changes take effect, the Customer is free to decide whether or not to make any additional Bookings. Any change to the tariff will not affect the rate that was in place when a reservation was made prior to the change.
9.6 Until full payment is received, Carrier is allowed to charge interest on the outstanding balance at a rate of 4% over the Bank of England base rate as needed. When a payment is not made by the due date, the customer is responsible for covering all costs and/or expenses incurred by the carrier in attempting to collect the outstanding balance, including reasonable attorney fees and collection costs.
9.7Any questions about an invoice must be submitted in writing within 7 days of the invoice’s date, or the invoice will be deemed accepted and the Customer will be charged in full.
9.8 Value added tax and any other duties or taxes that may occasionally become due or payable are not included in the prices stated or charged; instead, they must be included to invoices at the rate in effect on the date of the invoice.
9.9 A method for computerised invoicing is used by the Carrier. The Customer will get all invoices, credit notes, and statements online. The carrier maintains the right to charge for the provision of such paper invoices if the customer requests paper invoices or credit notes (or fails to furnish the carrier with an email address).
10.1 In order for the Carrier to legally process any Personal Data (including delivery and contact information) provided by the Customer to the Carrier and to exercise its rights and fulfil its obligations with respect to Bookings, the Customer must give all notices and obtain all consents necessary.
10.2 The parties agree that:
10.2.1 In relation to any delivery and contact information provided by the Customer to the Carrier, the Carrier is a controller/data controller. The Carrier shall process this information in accordance with applicable Data Protection Legislation (except where failure is caused by the Customer’s failure to comply with clause 10.1); and
10.2.2 The contents of any Shipment are not accessible to (or processed by) the Carrier. The Customer is responsible for determining whether the services provided by the Carrier are appropriate for the transfer of any data, including Personal Data, included in any Consignment. As a result: I the Carrier is neither a processor nor a controller of any Personal Data forming part of the contents of any Consignment; and (ii) the Carrier is neither a processor nor a controller of any other Personal Data forming part of any Consignment.
10.3 To the extent that losses result from or are related to the Customer’s failure to select appropriate services for the transfer of any data (including Personal Data) included in any Consignment, the Customer shall indemnify the Carrier against all losses (including but not limited to liabilities, costs, expenses, damages and fines) suffered or incurred by the Carrier in connection with the provision of the services.
11.1 No party limits or excludes its liability for any fraudulent misrepresentation, personal injury or death resulting from the negligence or willful misconduct of either party, its agents, dealers, or subcontractors, or for any other type of liability that cannot be excluded by law, regardless of any other provision of these Conditions.
11.2 Unless otherwise stated in these Conditions, the Carrier’s entire responsibility for any contract resulting from a Booking, whether based in contract, tort (including negligence), statute, or otherwise, is outlined in this clause 11.
11.3 Subject to clause 11.1, the Carrier shall not be liable to the Customer for any loss of profits or revenue (whether direct or indirect), and/or for any special, indirect, incidental, or consequential loss or damage sustained by the Customer regardless of the cause, including but not limited to:
11.3.1 loss resulting from delivery delays; 11.3.2 loss of expected savings; 11.3.3 loss of business and/or goods; 11.3.4 loss of goodwill; 11.3.5 loss of use; 11.3.6 loss of data or other information; and 11.3.7 loss resulting from the customer’s purchase of any substitute goods or services.
For the purposes of these Conditions, the kinds of loss and/or damage listed in clauses 11.3.1 to 11.3.7 above do not comprise direct loss.
Consignment Values and Liability
11.4 In accordance with the notification guidelines outlined in the tables below, the Customer must inform the Carrier of the worth of the Consignment at the time of booking.
11.5 The Carrier’s total aggregate liability to a Customer with regard to a Consignment, subject to clause 11.1, shall be as indicated in the tables below. When the customer informs the carrier of the value of the consignments and pays the extra fees as listed in the tables, the carrier must provide a higher limit on its liability for the consignments. The parties recognise and concur that the Carrier’s maximum liability with respect to each Consignment will also be determined by the existence of an agreement between the Customer and Carrier
| Table 1: Non-Account Bookings – Same Day Deliveries within Great Britain | |||
| Value of Consignment | Customer to declare value to Carrier | Additional Fee Payable by Customer | Maximum Total Liability of Carrier in respect of Consignment |
| Less than £100 | No | No | £100 |
| More than £100 but less than £1,000 | Yes | No | £1,000 |
| Over £1,000 | Yes | Yes: to be advised to Customer at the time of Booking | To be advised to Customer at the time of Booking |
| Table 2: Customer Bookings – Same Day Deliveries within Great Britain | |||
| Value of Consignment | Customer to declare value to Carrier | Additional Fee Payable by Customer | Maximum Total Liability of Carrier in respect of Consignment |
| Less than £1,000 | No | No | £1,000 |
| Over £1,000 | Yes | Yes: to be advised to Customer at the time of Booking | To be advised to Customer at the time of Booking |
| Table 3: All Bookings – Overnight Deliveries and International Deliveries | |||
| Value of Consignment | Customer to declare value to Carrier | Additional Fee Payable by Customer | Maximum Total Liability of Carrier in respect of Consignment |
| Less than £100 | No | No | £100 |
| More than £100 | Yes | Yes: 2% of the value of the Consignment (subject to a minimum charge of £25) | To be advised to Customer at the time of Booking |
Excluded Goods
“11.6 Subject to clause 11.1, the Carrier will not be responsible to the Customer for the carriage of Excluded Goods unless I the Customer notifies the Carrier beforehand that the Consignment contains Excluded Goods in whole or in part in accordance with clause 3.9 above; and (ii) the Carrier decides (at its sole discretion) to accept the carriage of such Excluded Goods. If the Carrier agrees to accept the carriage of the Excluded Goods, the Carrier’s liability with regard to the same-day delivery of the Excluded Goods shall be as set forth in Tables 1 and 2 of clause,11.5.
For any overnight deliveries of the Excluded Goods (whether within Great Britain or elsewhere) or for any international deliveries, Tables 1 and 2 of clause 11.5 and shall be as laid out in Table 3 of clause 11.5 are to be followed.”
Storage of Consignments
11.7 Subject to clause 11.1, the total liability of the Carrier for any loss of or damage to any Consignments stored at its facilities shall not exceed one thousand pounds sterling (£1,000), unless the declared value of the Consignments is greater than this amount and the Carrier has subsequently agreed in writing to a higher liability cap.
Further Exclusions on Carrier’s Liability
11.8 The Carrier will not be held liable for any circumstance that arises that is beyond its reasonable control and stops it from carrying out its obligations under the applicable contract, including but not limited to:
11.8.1 The Customer acknowledges and agrees that in such cases the Carrier shall not be liable for any loss or damage to the Consignment arising out of or in connection with a failure to package and/or label it correctly; 11.8.1 acts, omissions, or misrepresentations by the Customer, owner of the Consignment, Consignee, or independent contractor; or any failure of the foregoing to package and/or label the Consignment correctly pursuant to clause 4.1;
despite the fact that it may be labelled “Fragile,” 11.8.2 the consignment’s natural decline or fragility; and/or
11.8.3 unforeseen events or causes outside of the Carrier’s reasonable control, such as acts of God, war, riot, malicious damage, adherence to any law or government emergency procedure, accident, fire, flood, storm, or labour dispute, inadequate or improper packing, labelling, or addressing, unless it has been previously agreed in writing that the Carrier shall perform such task; or
11.8.4. Marine danger
11.9 The Customer must give the Carrier written documentation proving the worth of the Consignment that was damaged or lost alongside an image providing the condition of the image before delivery, and the Carrier has the right to examine the Consignment that was damaged.
12.1 It is the sole responsibility of the Customer to ensure that any Booking made online will be appropriate for its requirements because the information provided on the Website has not been written to specifically meet Customer requirements.
To the fullest extent permitted by law, all express and implied warranties with regard to the Website are hereby disclaimed.
12.2 Despite the Carrier’s best efforts to keep viruses from the Website and/or the App, it is impossible for it to guarantee that neither will be infected with malware.
The customer understands and accepts that any use of the website or app is at the customer’s own risk.
12.3 Customers have no rights whatsoever in or to the Website or the App, and the Carrier solely owns or has been granted a licence by a third party supplier to use all intellectual property rights in or to the Website and the App, including any underlying software and computer codes.
13.1 Unless the Customer notifies the Carrier in writing of a loss or damage within seven days of the end of transit and submits a written claim within fourteen days of the end of transit detailing the value and the circumstances of any loss, the Carrier shall not be liable for the loss of, misdelivery of, or damage to any Consignment.
13.2 Unless the Customer notifies the Carrier in writing of a loss or damage within 5 days of the end of transit and the claim is made in writing within 10 days of the end of transit, the Carrier shall not be liable for any loss of, misdelivery of, or damage to any Consignment. The consignment notice will not accept a claim for loss or damage.
14.1 The Customer is responsible for holding the Carrier harmless from the following
14.1.1 any losses incurred by the Carrier as a result of any violation of these Conditions by the Customer; 15.1.2 any fraud, error, omission, or misrepresentation by the Customer, owner of the Consignment, or Consignee; and 15.1.3 all claims and demands made against the Carrier.
14.1.2 every claim or demand filed by a third party against the Carrier that exceeds its liability under these Conditions;
all costs incurred by the Carrier and claims made against it due to property loss or damage brought on by or resulting from the transportation of dangerous goods, excluded goods, and/or prohibited items;
14.1.4 All claims made against the Carrier by HM Revenue & Customs in relation to dutiable goods consigned in bond, whether or not transit has ended or been suspended; 15.1.5 All claims and demands made against the Carrier as a result of a violation of clause 10.1.
14.1.5 any and all claims and demands made against the Carrier as a result of a violation of clause 10.1.
15.1 Any provision of these Conditions that is determined to be unlawful or unenforceable in whole or in part by a court or other competent authority will not affect the validity of the remaining provisions of these Conditions, which will remain in full force and effect.
16.1 Except for the parties to whom the Carrier has delegated its obligations under these Conditions, no person who is not a party to the Contract has any right under the Contracts (Rights of Third Parties) Act of 1999 to enforce any term of these Conditions. These parties, however, shall have the authority to exercise and enforce all rights granted to the Carrier under these Conditions. Any third-party right or remedy that exists or is accessible without reference to the Contracts (Rights of Third Parties Act 1999) is unaffected by section 17.1.
16.2 Unless an express agreement is reached in accordance with clause 3.7, at no time during the period that the Carrier is performing the Booking for the Customer is the Customer permitted to supervise, direct, or control the manner in which any of the Carrier’s employees or subcontractors undertake the service.
16.3 The customer shall not, directly or indirectly, offer employment or any other type of contract for services to any of the carrier’s (a) employees; or (b) subcontractors, who were directly involved in the performance of a contract of carriage during the 6 months immediately preceding the last Booking, during the duration of the business relationship with the carrier and for a period of 6 months following the last Booking placed by the customer.
16.4 The Customer shall take all necessary measures to ensure that the payment terms and charges paid to the Carrier stay confidential. Except for any disclosure required by law or by a statutory or regulatory body with the authority to order such disclosure, the Customer may not disclose the terms of the agreement or make any public announcement regarding the business relationship the parties have established without the Carrier’s prior written consent.
16.5 Any notice or other communication required or permitted by this Agreement:
16.5.1 Any communications from a Customer to the Carrier must be in writing and sent via first-class mail to the Carrier’s registered location or via email to enquiries@couriernearme.co.uk
16.5.2 Any notice given by the Carrier to a Customer shall be in writing and sent by first-class post and/or e-mail to the postal and/or e-mail addresses provided by the Customer to the Carrier during the Booking process, or to such other postal or e-mail address as either party may substitute by written notice to the other. A notice is deemed delivered two working days after it is posted and 24 hours after it is sent via email (as applicable)
16.6 Carrier may subcontract the performance of any or all of its obligations under these Conditions in whole or in part. Without the prior written consent of the Carrier, the Customer may not assign, novate, subcontract, or otherwise dispose of or deal with any or all of its rights and obligations under these Conditions.
16.7 The waiver of any breach of these Conditions by either party shall not preclude the enforcement of that provision in the future and shall not be construed as a waiver of any subsequent breach.
16.8 All previous agreements, representations, and understandings regarding the subject matter of the Contract are superseded by these Conditions and the documents to which they refer, including but not limited to the confirmation mentioned in clause 3.3. In entering into a Contract in accordance with these Conditions, the Customer represents and warrants that the Customer does not rely on, and shall have no remedy with respect to, any statement, representation, warranty, or undertaking (whether made negligently or innocently) of any person other than as expressly set out in these Conditions. No limitation on either party’s responsibility for fraudulent misrepresentation is contained in these Conditions.
16.9 English law shall govern the interpretation and application of these Conditions (as well as any non-contractual claims), and the parties consent to the exclusive authority of the English courts.
16.10 The Carrier reserves the right to monitor and record phone conversations to and from its customers.
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