TERMS AND CONDITIONS OF BUSINESS 


1. DEFINITIONS

"The Carrier" means Quicksilver Courier Services of 215 Mary Street, Balsall Heath, Birmingham, B12 9RN which expression shall, unless the context requires otherwise, include any sub-contractor appointed by the Carrier pursuant to paragraph 2.10 below.

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

"The Contract" means the contract of carriage between the Customer and the Carrier, which shall be made subject to these Terms and Conditions.

“The Conditions” means these conditions of carriage, which shall apply to the Contract of Carriage between the Client and the Carrier

"The Consignee" means the person or company to whom the Carrier contracts to deliver the Consignment.

"The Consignment" means goods or property in bulk or contained in one or any separate number of parcels, packages, containers or envelopes sent at one time in one load by or for the Client from one address to another, including any papers or documents.

"Dangerous Goods" means dangerous substances as defined in The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (and any amendment or replacement thereof) and any other substance presenting a similar hazard. 


2. CONSIGNMENT, TRANSIT & DELIVERY

CONSIGNMENT

2.1 The Client warrants that he is either the owner of the goods in any Consignment or is authorised by such owner to accept these Terms and Conditions on such owner's behalf.

2.2 The Carrier will need to be informed as to the nature of all packaged goods prior to collection and delivery for insurance purposes.

2.3 The Client 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, air, rail or sea as may be appropriate.

2.4 Dangerous Goods ñ the Carrier will not accept or carry any hazardous, dangerous, explosive or flammable goods.  Clients that fail to notify the Carrier of such goods will be liable for all associated claims for loss, damage and personal injury or harm whatsoever incurred in connection with the goods whilst in the care of the Carrier.

2.5 The Carrier will only deal with cash, bullion or jewellery subject to prior written agreement.

2.6 Consignment Notes - The Carrier shall, if so required, sign a document prepared by the Client acknowledging receipt of the Consignment but no such document shall be evidence of the condition or of the correctness of the declared nature, quantity or weight of the Consignment at the time it is received by the Carrier.

TRANSIT

2.7 Transit shall commence when the Carrier takes possession of the Consignment, whether at the point of collection or at the Carrier's premises.

2.8 Subject to paragraph 2.9 transit shall (unless otherwise agreed) end when the Consignment is tendered at the usual place of delivery at the Consignee's address.

2.9 When for any other reason whatever a Consignment cannot be delivered, or when a Consignment is held by the Carrier to "await order", or further instructions are not given, or the Consignment is not collected within 48 hours or such other time as the Carrier may nominate, then transit shall be deemed to end at the expiry of such time.

2.10 The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the purposes of fulfilling the contract in whole or in part and the name of every such other carrier shall be provided to the Client upon request.

2.11 The Carrier contracts for itself and as agent of and trustee for its servants and agents and all other carriers referred to in paragraph 2.10 above and such other carriers' servants and agents.

2.12 Notwithstanding paragraph 2.11, the carriage of goods in any Consignment by rail, sea, inland waterway or air is arranged by the Carrier as agent of the Client and shall be subject to the terms and conditions of the rail, shipping, inland waterway or air carrier contracted to carry the Consignment.

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

DELIVERY

2.14 The Client is responsible to ensure that someone is available at point of delivery to take the goods otherwise waiting time will be charged (see paragraph 4.4 below).

2.15 The Carrier will provide immediate verbal confirmation of delivery for peace of mind.  The Carrier may also require, at point of delivery, a proof of delivery note to be signed acknowledging receipt of the goods delivered and will provide a copy of such to the Client upon request.  Such signed documents shall be used as evidence of proper delivery but shall not be evidence of the condition, nature of goods, quantity or weight.

2.16 Unless the Carrier has otherwise agreed in writing with the Client:

2.16.1 The Carrier shall not be required to provide any labour/special equipment required for loading/unloading the Consignment, other than that carried by the vehicle used by the Carrier;

2.16.2 The Client warrants that it will provide or procure any labour/special equipment required for loading/unloading the Consignment;

2.16.3 The Carrier shall be under no liability whatsoever to the Client and the Client shall indemnify and hold harmless the Carrier for any damage, however caused, if the Carrier is instructed to load/unload any goods requiring special equipment if such equipment has not been provided or procured by the Client.

2.17 The Carrier will use all reasonable efforts to deliver within the time specified for delivery but unless otherwise agreed, delivery times are estimates only and time is not of the essence.

UNDELIVERED OR UNCLAIMED GOODS

2.18 Where the Carrier is unable to effect delivery as requested by the Client, or where transit has come to an end, the Carrier shall use its reasonable endeavours to notify the Client and the Consignee of any undelivered or unclaimed goods.  Unless the goods are collected or instructions are given for its disposal within 24 hours, or such other time as the Carrier may nominate of notice being given. The Carrier may destroy or see the goods as if it were the absolute owner.

2.19 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 Client upon which the Client shall be discharged from all liability in respect of the goods.


3. CANCELLATION

3.1 In the event of cancellation of any Contract of carriage by the Client within 60 minutes prior to the start of transit, the Client shall be liable to the Carrier for any losses incurred by the Carrier as a result of the cancellation, at a minimum cost of £25 and not exceeding the full cost of the Contract.


4. PRICING & PAYMENT TERMS

PRICING

4.1 Collection and delivery rates and any associated fees (e.g. congestion charges, road tolls) will be charged as per the Carrierís tariffs in effect at the time of performance, unless otherwise determined by way of special negotiation or agreement.  Please note the Carrier reserves the right to amend or change their current tariffs as they see fit.

4.2 Any quotations provided by the Carrier apply for 28 days from the date of the quote being received in writing or by e-mail.  Initial quotations based on non-specific collection and delivery addresses (i.e. Birmingham to London) are subject to alteration following the provision of such information, such alteration including decreases as well as increases.

4.3 The Carrier will charge a nominal fee for Multiple Drops to addresses on the same street or within the same City.

4.4 The Carrier will charge for Waiting Time, in accordance with the current tariff, when more than 20 minutes has elapsed and this will be charged both at pickup and delivery.

PAYMENT TERMS

4.5 New Clients will be required to pay cash on collection/delivery for the first Contract undertaken by the Carrier.  Repeat Clients will be offered account facilities, with payment terms of 14 days from date of invoice.  Any variations to these terms are to be agreed in writing.

4.6 The Carrier will prepare invoices immediately upon satisfactory completion of transit and/or at least once a month.  The Carrier has absolute discretion to withdraw credit facilities at any time and the balance outstanding shall become due immediately on demand.

4.7 Charges are payable in full on the due date notified to the Client on the invoice or failing such notification within 30 days after the date of the relevant invoice.  Any queries as to the correctness of the invoice must be made in writing within 7 days of issue of the invoice, otherwise it will be payable in full.

4.8 Where payment is not received by the invoice due date or within 30 days of successful delivery and completion of the Contract, the Carrier reserves the right to impose a Late Payment surcharge as defined in The Late Payment of Commercial Debts (Interest) Act 1998. The surcharge will be calculated at 8% above the Bank of England Base Rate for the time being calculated on a daily basis on all amounts overdue to the carrier and may include debt recovery compensation of £40.00 at the discretion of the Carrier.  The Carrier also reserves the right to refuse future work for any Client where payment becomes outstanding on any previous orders from the Client.

4.9 The Carrier's charges shall be payable by the Client without prejudice to the Carrier's rights against the Consignee or any other person. Without prejudice to the generality of the foregoing, when goods are consigned "carriage forward", the Client shall not be required to pay such charges unless the Consignee fails to pay after demand has been made by the Carrier for the payment thereof and such demand has not been paid within the time stipulated by the Carrier to the Consignee.

4.10 All sums due to the Carrier shall be paid without deduction, set-off or abatement and the Client shall not withhold or defer any payment on account of any claim or counterclaim and acknowledges that any such claim or counterclaim whatsoever by the Client against the Carrier must be subject to separate proceedings.


5. LIMITS OF LIABILITY & CLAIMS

LIMITS OF LIABILITY

5.1 The Client shall be deemed to have elected to accept the terms set out in paragraphs 5.2 to 5.14.4 below unless, before the transit commences, the Client has agreed in writing that the Carrier shall not be liable for any loss or mis-delivery or damage to the Consignment however or whenever caused and whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier.

5.2 Except where the Client has made specific arrangements for insurance with the Carrier prior to commencement of transit of the Consignment, the Carrier shall not be liable for any loss or mis-delivery or damage to bullion, money, securities, deeds, bills of exchange, promissory notes, stamps, photographs, documents of title to property, jewellery, precious stones, gold, silver, platinum and other precious metals, non-ferrous metals other than in component form, antiques, watches, furs, drugs, human remains, nuclear fuel or nuclear waste, cassettes, videos, spirits, tobacco (other than raw leaf tobacco) and cigarettes, brittle/fragile/breakable articles or livestock and the Client shall indemnify and hold harmless the Carrier in respect of any loss or damage caused in respect thereof to any person whatsoever.

5.3 The Carrier shall not be liable in respect of any loss or mis-delivery of or damage to any Consignment, without limitation, if the same has arisen from:

5.3.1 Acts of God;

5.3.2 Any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, acts of terrorism, military or usurped power of confiscation, requisition or destruction of or damage to property by or under the order of any government or public or local authority;

5.3.3 Seizure or forfeiture under legal process;

5.3.4 Act, omission, misstatement or misrepresentation by the Client or other owner of the Consignment or by servants or agents of either of them;

5.3.5 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");

5.3.6 Insufficient or improper packing, labelling or addressing unless it is previously agreed in writing that the Carrier shall undertake such task;

5.3.7 Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;

5.3.8 Fire, flood, explosion, power failure, failure of telecommunication lines, fuel shortage, marine risk or the act of any government (including refusal or revocation of any licence or consent);

5.3.9 The Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered, such time to be nominated by the Carrier;

5.3.10 Failure or delay in delivery for any reason whatsoever beyond the control of the Carrier.

5.4 The Carrier shall not in any circumstances be liable for loss or damage to the Consignment after transit is deemed to have ended according to paragraph 2.8 above, whether or not caused or contributed to directly or indirectly by the Carrier.

5.5 The Carrier shall not in any circumstances be liable for any loss or damage where there has been fraud on the part of the Client, 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.

5.6 The liability of the Carrier for loss of or damage to any Consignment shall be limited to the current Goods in Transit insurance limit per consignment or the value of the goods (whichever is the less) whether such loss or damage was due to the fault or negligence of the Carrier or its servants, agents or employees or otherwise. If the Client wishes to arrange a higher level of liability in respect of any Consignment, then it should apply to the Carrier who may be able to arrange this at an additional charge to the Client.

5.7 Where the mis-delivery, loss or damage howsoever sustained is in respect of a part only of the Consignment, the Carrier's liability shall be limited to the actual value of that part of the Consignment or where such can not be readily ascertained a sum representing the proportion which the part of the Consignment mis-delivered, lost or damaged represents of the total Consignment based on the open market value of the total Consignment.

5.8 The Carrier shall not in any circumstances be liable for any consequential, special or indirect loss or damage costs, expenses or other claims whatsoever (whether for loss of profit or for loss of a particular market whether held daily or at intervals and whether due to the negligence of the Courier, its employees, agents or otherwise) which arise out of or in connection with the supply of the Carrierís services.

5.9 The Carrier shall be entitled to receive written proof of the value of the Consignment damaged or lost and shall be afforded by the Client a reasonable opportunity to inspect the Consignment when delivery has been effected to the Consignee.

5.10 The Carrier shall only be liable for loss or damage occurring within the geographical limits of Great Britain. For journeys outside these limits, liability shall be restricted to the amount of cover provided by the international agent or carrier chosen at the Carrier's absolute discretion.

5.11 The Client shall be liable for the cost of unreasonable detention of any vehicle, trailer, or other item of the Carrier, but the rights of the Carrier against any other person shall remain unaffected.

CLAIMS

5.12 The Carrier shall not be liable for:

5.12.1 Loss of a parcel, package, or container from an unpacked Consignment or for damage to a Consignment or any part of a Consignment unless it is advised thereof in writing otherwise than upon a consignment note or delivery document within 3 days and the claim giving details of quantum and the circumstances of any loss is made in writing within 7 days after the termination of transit as determined above;

5.12.2 Loss or mis-delivery or non-delivery of the whole of the Consignment or any separate parcel, package or container forming part of a Consignment unless the Carrier is advised of the loss, mis-delivery or non-delivery in writing, otherwise than upon a consignment note or a delivery document within 14 days and the claim giving details of quantum and the circumstances of any loss is made in writing within 21 days after the commencement of transit as determined above.

5.13 The Client shall indemnify the Carrier against:

5.13.1 All consequences 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) of any error, omission, misstatement or misrepresentation by the Client or other owner of the Consignment or by any servant or agent of either of them, insufficient or improper packaging, labelling or addressing of the Consignment or fraud;

5.13.2 All claims and demands whatsoever by whomsoever made in excess of the liability of the Carrier under these Terms and Conditions;

5.13.3 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 by the Carrier of Dangerous Goods whether or not declared by the Client as such;

5.13.4 All claims made upon the Carrier by H M Customs & Excise in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended.