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1.(a) The terms and conditions established in the following paragraphs will apply between the Business along with party whose name and address is laid out in the Account Application Form and will apply to the provision of any and all carriage, courier or delivery providers performed by the Organization for the Client throughout the prolongation of the Agreement and also any and all other terms, guarantees and/or conditions signified by statute and/or common law and hereby specifically discounted to the maximum extent permitted by law.
2.(a) The charges to be paid by the Client for the Services will be at the price stipulated in the Companyâs schedule of charges as in force at that time.
2.(b) Service expense shall be included with all invoices.
3.(a) The Business reserves the right to change as well as vary such terms of service at its absolute discretion upon providing satisfactory notice to the Customer and without prejudice to the generality or the aforesaid Company reserves the right to adjust the Courier Charges. No representations created or different versions in or inclusions to these terms of service or warranty given by anyone working or purporting to act on behalf of the Business would possess any kind of force or effect whatsoever except if confirmed in writing by an authorized officer of the Business.
4.(a) It is a condition of this agreement that invoices shall be paid in its entirety within 1 month of issue thereof. Should any specific invoice not be paid within 1 month any unpaid invoices shall immediately become due and payable.
4.(b) Without prejudice to the Companyâs legal rights hereunder all monies due to the business in respect of supply of the Services which are not compensated by the due date for payment will bear interest on the balance of such debts due from time that time at the rate of 3% every month until payment is received by the Business in respect thereof.
4.(c) The Client shall not be permitted without any reason to withhold payment of monies owed to the Business and in particular shall not be permitted to do so in situations where the Client is in dispute with the Business and/or states cash or compensation from the Business in respect of the Services supplied.
5.(a) At any moment of launching the Clients account with the Business, the Business may set a limit on the balance which may be outstanding as unpaid on such account at any one time. The business could in its judgement refuse to supply the Services in the event of this limit turning out to be surpassed.
6.(a) The Company does not have insurance for products or property in transit, and the Customer is advised to impact such insurance coverage as the Client deems necessary for the transportation of goods and/or property by the Business.
7.(a) The Company will not undertake the carriage or delivery of:-
7.(a.1) cash or securities (irrespective of whether cash, cheques, bankersâ drafts, bonds, share credentials or in any other type), antiques, gold, furs, or jewellery (in any form what-so-ever) of whatever amount or value.
7.(a.2) Any kind of goods or property (of whatsoever makeup) of an intrinsic worth of in excess of Â£100
7.(a.3) Any goods or property of a hazardous, dangerous, inflammable, volatile or revolting character, or are unlawful to possess under current British Law.
7.(a.4) Any kind of goods or property (of whatsoever nature) which may deteriorate in transit. Except if the Customer has before the commencement of the Service in regards of those goods or property explicitly notified the Business as to the nature and price of the same and a Senior manager of the Business has specifically accepted in writing that the Business shall carry and supply the identical on those terms and conditions as the Business may realistically desire AND in the occurrence that the Business undertakes the Service in regard of those goods or property without initial having precisely agreed to do so as previously mentioned, the Business will have no legal responsibility at all for damage or loss of the identical however forthcoming.
7.(b) The Business will be entitled to demolish or dispose of items or property described in clauses 7.(a.3) and 7.(a.4) in such fashion as the Business thinks fit if in the Businessâs opinion it is appropriate to do so and the Business shall account to the Client for cash it receives (if any) on such destruction or disposal in excess of the costs sustained by the Business in so disposing of or alternatively eradicating the items or property.
7.(c) Without discrimination to the provisions of clause 7(a) the Business will not at any rate be legally responsible directly or not directly for:-
7.(c.1) Consequential loss (regardless of whether for the loss or revenue or otherwise) and/or
7(c.2) Loss, damage and/or breakage to china, decanter or glass ceramics or various other breakables whether arising from the actions, omissions or carelessness of the Business and/or its staff and/or agents or occurring otherwise howsoever.
7.(d) Without discrimination to the generality of clauses 7.(a) and 7.(c) specifically the Business will not be accountable for any loss and/or damage forthcoming specifically or not directly from:-
7.(d.1) breakdown, accident, unfavorable atmospheric conditions.
7.(d.2) Any act as well as omission on the part of the Client.
7(d.3) Every clause, act or even circumstance beyond the management of the Business (including, without limitation, any kind of strike, (official or not) lock-out as well as other form of industrial action as well as labour dispute, governmental policies, judicial constraints, embargoes, fire, water, Act of God, each and every consequence of riot, conflict, invasion, action of overseas enemy, hostilities (regardless of whether war be announced or not) civil war, actions of terrorism, rebellion, military as well as usurped power, confiscation, requisition and also devastation of or harm to property by or upon the order of or in the name of any Government or public regional authority.)
7.(d.4) Inadequate or inappropriate packaging of goods, or incorrect or inadequate labeling or information provided by the client and/or
7.(d.5) The Business being prevented or hindered from supplying the items or property
7.(e) Without prejudice to the generality and effect of the foregoing provisions associated with the clause 7 the liability of the Business for each and every delivery or courier service carried out by the Business howsoever occurring in addition to whether direct or indirect and together with but not limited to liability caused by the acts, omissions or negligence of the Business and/or its actual staff and/or agents or occurring otherwise howsoever will in any case be limited to the lesser of:-
7.(e.1) Â£150 or
7.(e.2) The intrinsic value of the items or property made up in such delivery and also courier services
7.(f) The provision of clauses 7.(c), 7.(d), 7.(e) and 9.(a) involve liability for loss as well as harm to goods or property and do not apply to accountability for a loss of life or personal injury.
8.(a) The Business will exercise reasonable efforts to deliver the Client as well as the Clientâs goods or property on time, however time for delivery will not in any case be of the essence and the Business makes no warranty that the Client or Clientâs items or property will be presented within the Clients stipulated time period (in the event that any) and/or within any time period depicted by the Business unless of course expressly agreed in writing by a Senior manager of a Business.
8.(b) In the event that the Business is powerless for reasons yet unknown to present the Client and the Clientâs items or property then the Business reserves the right to bill the Client for any and all expenses and expenses incurred in doing so and/or for any costs or storage of the items and property.
9.(a) Without prejudice to the foregoing provisions of this Agreement the Business will not in any case be accountable for any loss and/or damage howsoever forthcoming such as although not limited to liability arising from the actions, omissions and also negligence of the Business and/or its employees and/or agents and occurring otherwise howsoever except if the Client has notified the Business (with realistic particularity) as to the characteristics and scope of such type of loss or harm within 20 working days of the date upon which the same took place.
10.(a) This Arrangement may be cancelled by any party by 2 monthsâ notice in writing to the other.
10.(b) In the eventuality of the Client being in violation of any of the terms and/or conditions of this Arrangement the Company will have the right (without discrimination to any other rights it may have) to terminate this Agreement as well as suspend provision of the Services, or postpone the Clientsâs account function, forthwith and without notice.
11(a) The parties hereto submit to the unique jurisdiction of the Courts of England and Wales.
12.(a) This Arrangement contains all the terms consented by the parties with regards to the subject matter hereof and supersedes almost any prior arrangements, understandings and agreements between them, either oral or in writing, with zero representation performing or guarantee will be taken to have been provided as well as be suggested from something said or written prior to this Arrangement except as expressly set out in this Arrangement.
13(a) Any type of notice to be given by any party to the other under this Agreement shall be properly supplied if left at, or alternatively dispatched by prepaid recorded post or recorded delivery company or email to the party to be served at. Its address as set out within this Arrangement or such other address as it may inform for this sort of purpose and shall be deemed to have been served when so left or dispatched by email or in the case of posting 24 hours after the identical was posted. In proving service by post it shall only be required to establish that the communication was found in an envelope that has been duly posted as outlined by this clause.
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The Business reserves the right to charge the Client for any additional costs which may be sustained by the Business due to any variance as well as deviation from the First Journey selected at the time of booking.
Such extra charges shall be employed, based on the Businessâs current charging system and this is made available to the Client on demand, at the exclusive judgement of the Business, in the event of any variations or deviations from the Original Journey, which will include, without limitation, the forms of difference or deviation established below.
The Customer shall be responsible for the behavior of all passenger(s) and shall pay for any kind of loss and/or destruction caused by the such passenger(s) to the vehicle or any other property of the Business, including but not limited to clean-up costs following any kind of spillage or soiling of the vehicle.
If the booking is cancelled upon arrival of the vehicle to collect the Client of any passenger(s) a termination fee will be payable by the Client to the Business. Any cancellation fee will be based upon the Businessâs current cancellation charge rate, which can be obtainable on request.
The Client together with any passenger(s) and any luggage or personal items will be ready for recovery at the time established by the Client when the reserving is created. The Business will allow 5 minutes for waiting around or loading, while picking up the Client and passenger(s). In case all Clients may not have boarded the vehicle within five minutes flat the Business reserves the right to charge the Client for the entire loading/waiting time (for the avoidance of doubt, which include the initial 5 minutes).
In relation to collections from airports the Business will allow 20 minutes waiting/loading (beginning with the final anticipated arrival time acknowledged). Thereafter the Business reserves the right to bill the Client for the waiting/loading time after the 20 minutes. All car parking costs will also be chargeable to the Client for collections from airport terminals, seaports as well as international together with domestic train terminals.
Any time the Client requires the Business during the course of the Original Journey to make any kind of alternative pick up(s) or collection(s)of passenger(s) or goods from extra locations during the course of the Original Journey or drop off any passenger(s) at other destinations aside from specified in the Original Journey as well as to undertake any variation for the Original Journey course stipulated in the course of booking, extra charges may be added by the Business, at the then recent charge rate, which is obtainable on demand.
Any time the Customer needs in excess of four passengers to travel in a vehicle and has not stipulated this at the time of booking of the Original Journey extra fees may be levied by the Business, at its then standard charge rates, available on request for the provision of a larger vehicle or the carriage of extra passengers greater than four.
This report is a non-exhaustive report of the things which may be charged to the Client along with the original price quoted at the time of the booking of the Original Journey. The Business reserves the right to levy extra charges for other items or variations not stipulated above that were not specified by the Client during the time of booking.