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| 1. SOLE CONDITIONS AND DEFINITIONS |
a. All business in undertaken by Churchills
Ltd, (“The
Company”) subject solely to these conditions
which may be varied only by a Director of The Company in
writing.
b. The term ‘the Goods’ or ‘Goods’ includes
all and any descriptions, given by the Company, such
as but not only, pak, delivery, van load and consignment.
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| 2. WARRANTY OF AGENCY |
| The Customer warrants that it is either the owner of the
Goods which are the subject of the contract
as well as of any packing and equipment associated there with (all of which
are herein referred to as
" The Goods") or is authorised by such owner to accept these conditions
on the owners behalf. |
| 3. SUB-CONTRACTORS AND EMPLOYEES |
| The Company may sub-contract all or part of the business. The Company contracts
for itself and as
agent of the trustee for its employees and sub-contractors and their employees
and every reference
hereinafter to The Company shall be deemed to include every such employee
and sub-contractor with
the intention that they have the benefit of these conditions |
| 4. LOADING AND UNLOADING |
a. It is the responsibility of the Customer to satisfy
himself that the goods he wishes to have carried
shall be suitable for conveyance in the vehicle ordered by the Customer
and provided by The
Company and the Customer accepts the vehicle offered by The Company for
the carriage of
such Goods. The Company will accept no liability for any loss or damage
arising from the
unsuitability of such vehicle.
b. When collection or delivery takes place
The Company shall not be under any obligation to
provide any plant, power or labour in addition to The Company's driver, required
for loading or
unloading at any premises.
c. The Company shall not be required to provide service
beyond the usual place of collection or
delivery, which is designated as the ground floor reception or loading bay. In
the event that
Goods have to be collected or delivered to other points in a building or on a
site and such service
is given by the Company, any loading or unloading time may be charged at the
discretion of the
Company at its prevailing rate. Additionally it shall be at the risk of the Customer
who shall
indemnify the Company against all claims and demands whatever, which could not
have been
made if such service had not been given.
d. Goods requiring special appliances
for loading and unloading from the vehicle by which they are
carried are accepted for carriage only on condition that such appliances are
made available by
the Customer at pickup and delivery. |
| 5. DANGEROUS GOODS |
| If The Company agrees to accept dangerous Goods for carriage
such Goods must be accompanied
with a full declaration of their nature and contents and be properly and
safely packed and labelled in
accordance with the Statutory Regulations for the time being in force for
carriage by road. |
| 6. LIABILITY FOR LOSS AND DAMAGE |
The Company shall not be liable (unless
specifically agreed in writing) for:
a. Loss or mis-delivery of, or damage to spirits, glass,
antiques, jewellry, furs,
precious metals, cash, bullion, tobacco, works of art, negotiable instruments,
stamps or precious
stones. A quotation for insurance cover will be provided by The Company
upon request.
b. Loss or mis-delivery of, or damage to other Goods if
the same has arisen from:
i. Acts of God.
ii. Any consequences of war, insurrection, or kindred risks.
ill. Seizure or forfeiture under legal process.
iv. Error, act, omission, misrepresentation by the Customer or other Owner of
the Goods or by the
employees or agents of either of them.
v. Inherent liability of wastage in bulk of weight, latent defect or inherent
defect, vice or natural
deterioration of the goods.
vi. Insufficient or improper packing, labelling or addressing.
vii. Riot, civil commotion, strike, lockout, general or partial stoppage or restraint
from
labour from whatever cause.
viii. Consignee not taking or accepting delivery in a reasonable time after the
Consignment
has been tendered.
ix. Circumstances beyond the control of The Company. |
| 7. LIMITATION OF LIABILITY |
The Company's liability in respect of
loss or mis-delivery or damage to Goods shall be limited
to
SAME DAY DELIVERIES: £1,000 per consignment irrespective of the weight
of a consignment or
its volumetric equivalent.
Provided that:
a. The Company shall not be liable for any direct or indirect consequential loss
or damage whether
or not resulting from act, neglect or default of The Company.
b. The Company shall be entitled to require proof of the value of the whole consignment
and any
part there of lost, mis-delivered or damaged.
c. The Company shall not be liable when there has been fraud on the part of the
Customer or the
owner of the Goods or the employees or agents of either. |
| 8. TIME LIMIT FOR CLAIMS |
| The Company shall not be liable for loss
or damage to the Goods unless the claim is made in writing
and received by The Company within 14 days after the commencement of transit. |
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| 9. THE CUSTOMER SHALL INDEMNIFY THE COMPANY AGAINST |
a. Claims, costs and expenses incurred in consequence of
non-disclosure by the Customer to
The Company of the dangerous or hazardous nature of the Goods at the time of
receipt
by The Company.
b. All consequences suffered by The Company of any error, omission
or misrepresentation by the
owner of the Goods, or by any employee or agent or either of them, insufficient
or improper
packing, labelling or addressing or fraud as in condition 7c.
c. Claims and demands
by whoever made in excess of the liability of The Company under
these conditions. |
| 10. COMPANY'S CHARGES |
a. With "Carriage Forward" or "Receiver
To Pay" consignments the Customer shall be required
to
pay The Company's charges if the consignee fails to pay after reasonable demand
has been
made by The Company for payment.
b. Claims shall not be deducted from The Company's
account. Payment of these will be made by
The Company after the claim has been agreed by The Company and its insurers.
c.
The Company does not operate a COD (cash or cheque or bankers draft) service.
Cheques or
Bankers Drafts may be collected or delivered but cannot form part of a contract
for the delivery of
Goods and cannot be claimed as a condition upon it. All cheques or bankers draft
collections will
be treated as totally separate contracts.
d. One Ton Vans and Larger, charges
are as follows:
i. For journeys up to 60 miles, on an hourly basis at The Company’s prevailing
hourly rate.
These jobs are charged on a Garage-to-Garage basis, The Company’s garage
is in London W3.
ii. Journeys over 60 miles are charged at The Company’s prevailing mileage
rate (plus charges for
loading and unloading). In all cases the minimum charge will be for the equivalent
of two hours
at the current hourly rate.
e. The Company reserve the right to charge extra for
collections outside The Company’s normal
pick-up area. The area shall be as designated in the sales material supplied
by The Company.
f. The Company reserves the right to make extra charges for services, outside
of normal hours.
Normal hours are deemed to be 0800-1800 Monday - Friday, excepting Bank Holidays.
g. The Company reserves the right to review its charges. |
| 11. SAME DAY DELIVERIES |
" Same Day Delivery" means where the Customer
requests and The Company agrees to collect and
deliver a consignment on the same day. If the Customer requests delivery on the
next day or
subsequent days the same day charges still apply. The Company reserves the right
to charge storage
at its prevailing rate. |
| 12. CARRIAGE OF PASSENGERS |
| Except in the case of carriage by Licensed Private Hire
Cars, if for whatever reason, a Customer, his
employees or agents willingly travel in or are conveyed by any of The Company's
vehicles or its
sub-contractors vehicles, they do so entirely at their own risk. |
| 13. TERMS OF TRADING |
| Payment is due from the Customer within 30 days of the
date of invoice. Where payment is not
received by that date The Company reserves the right to impose a surcharge on
all outstanding
balances at the rate of 3% per month and debit any discount given. Please note
there is a £10
minimum charge per invoice raised. |
| 14. NON-DELIVERY OF GOODS |
| In the event of The Company being unable to deliver, due
to premises of Consignee being closed
or not accessible for any reason, The Company will endeavour to contact the Customer
for further
instructions. If for whatever reason The Company is unable to do so the Goods
will be returned
to The Company’s premises in W3 for safekeeping, this journey to be at
the Customer’s expense.
In all cases where additional journeys are required, they are to be at the Customer’s
expense. |
| 15 GENERAL LIEN |
| The Company shall have a general lien against the owner
of the Goods for any monies whatever due
from the Customer or such other owner to The Company. If any such lien is not
satisfied within a
reasonable time The Company shall give 14 days notice in writing to the Customer
of its intention to
exercise a power of sale over the Goods. At the end of the period if monies are
still due to The
Company it may at its absolute discretion sell the Goods or part thereof, as
agent for the owner and
apply the proceeds towards the monies due and expenses of the retention, insurance
and sale of the
Goods and shall, upon accounting to the Customer for the balance remaining be
discharged from all
liability whatever in respect of the Goods. |
| 16. VALUE ADDED TAX |
| All charges quoted by or advertised by The Company exclude
Value Added Tax. |
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