Terms & Conditions:
1.1 “The Company” means the Wey Group International Limited, (Company number 3955165) and/or Professional Courier Systems Limited T/as APC Overnight (Company number 3953594) whose registered offices are situated at Premier House, Unit 1C, 111 Chertsey Road, Byfleet, Surrey KT14 7AX or any other UK address that may be applicable.
1.2 Professional Courier Systems Limited T/as APC Overnight (Company number 3953594) is a separate entity to The Alternative Parcels Company Ltd (Company number 2855735).
1.3 “The Customer’’ means any person company or body corporate (including their servants and agents) sending or receiving Goods by the Company’s services.
1.4 “The Goods” means any item accepted by the Company at any one time from the Customer at one address for delivery to another address or addresses (including any Dangerous Goods as defined in Clause 5.1.3 below).
1.5 “The Price List” means the price list of the Company for the time being in force.
1.6 “The Rate” means the price rate for the type of transportation undertaken specified in the Price List.
The Company shall be entitled to sub-contract the performance of the whole or part of the contract with the Customer without prior notice to the Customer.
3.1 No contract shall come into existence until the Customer’s order, incorporating only these Terms and Conditions has been accepted by an authorised representative of the Company or in writing by a duly authorised Officer of the Company. By placing an order, these Terms & Conditions shall be deemed to have been accepted.
3.2 No variation of these conditions shall be effective unless made in writing and signed by an authorised representative of the Company.
3.3 Unless the Company is notified in writing to the contrary by the Customer when requesting the service of the Company any orders placed with the Company shall be deemed to have been placed with authority of the person entitled to place the same on behalf of the Customer.
3.4 These Terms subject to and together with any variation agreed in writing between the Company and the Customer shall constitute the entire contract between the Company and the Customer and shall override or supersede any previous agreement or arrangement any inconsistent terms implied by law or by trade custom, practice or course of dealing between the Company and the Customer and in particular shall operate to the exclusion of any Terms and Conditions at any time referred to or purportedly imposed by the Customer. On acceptance by the Company of any Goods the Customer shall be deemed to have accepted these Terms.
3.5 If any provisions of these Terms and Conditions at any time conflict with the provisions of any other Terms and Conditions of carriage the provisions of these Terms and Conditions shall prevail.
4. CUSTOMERS OBLIGATIONS
4.1 The Customer shall:
4.1.1 securely pack all Goods so as to render them wind and watertight, making sure that there are no sharp edges or sections and that any bare metal (not including packing cases or other cases or receptacles) is wrapped and secure;
4.1.2 ensure that any consignment carrying liquids of any description are sealed in a liquid proof container and securely packed to ensure the integrity of the goods and if being despatched on the UK Overnight service are booked using the LP service and are not sent using either the Mailpack or Courierpack services, service codes or packaging;
4.1.3 place the name and address of the person to whom the Goods are to be delivered on the Goods in a permanent and irremovable form in clear letters or characters;
4.1.4 notify the Company in writing in advance of despatch of the Goods when the replacement or compensation value of the Goods exceeds £50.00 (fifty pounds Sterling) for UK Overnight deliveries where goods are despatched via the Mailpack, Courierpack or Lightweight Services and £100.00 (one hundred pounds Sterling) for all other services;
4.1.5 notify the Company in writing if the Goods comprise of jewellery, precious metals, glass, dangerous chemicals, pharmaceutical products, firearms or explosives, memorabilia and fibreglass and all other Goods documented in Clauses 6.4 and 6.5.
4.1.6 ensure that an authorised person is available at the place at which the Goods shall be delivered to receive the same; Should an authorised person not be available at a residential address The Company will attempt delivery to a neighbour or at the Company’s discretion, leave the goods in a suitable location at or adjacent to the original delivery address and either place a card through the door of the original address, or send an email or SMS message to the original addressee with information as to their location.
4.1.7 notify the Company in writing at least five working days before any change takes place of the accounting or primary collection address, until any such change has been received and acknowledged collections will continue to be attempted from the address held on record.
4.1.8 not to make any changes or amendments to their account address or contact details displayed on the online internet booking system without also advising the Company of any such changes in writing at least five working days prior to them taking place.
4.1.9 ensure that all goods are capable of carriage to the countries of destination within the standard operating procedures, customs declarations and handling methods of the industry.
4.1.10 cancel any booking made either by online booking platform or by telephone or by email by using the online cancel option or sending an email to the published cancellation email address showing the sender’s details, consignment number and the collection & delivery post codes of any consignment that will not be sent on the date originally booked.
5.1 The Customer warrants that at the time of delivery:
5.1.1 the Goods are fit to be carried and the unencumbered property of the Customer;
5.1.2 he has the necessary authority to transport the Goods;
5.1.3 the Goods do not constitute or contain any goods which are specified in the Special Classification of Goods issued by the British Railways Board or goods of a similar nature or which present a comparable hazard. For the purpose of clarity, ‘‘Dangerous Goods’’ are any goods which require a ‘‘UN’’ classification, or any substance the possession, storage or delivery of which is a criminal offence or a breach of the provisions of any relevant statute regulation or by-law under the laws of any part of the United Kingdom or of any jurisdiction to or through which the Goods are to be delivered or in which they may be stored.
6. THE RIGHTS OF THE COMPANY
6.1 The Company shall be entitled (but shall not be obliged) to:
6.1.1 inspect any Goods sent to carriage;
6.1.2 reject the carriage of any Goods for any reason that it shall think fit;
6.1.3 abandon the carriage of any Goods during the course of transit on account of faulty packaging or the nature of the Goods carried when the description thereof has not been disclosed to the Company.
6.2 The Company shall not be under any obligation to repackage or re-address any Goods, nor to forward the same once they have been abandoned.
6.3 As from 14th January 2005 the Company is unable to offer Goods in Transit insurance to private individuals. Any use of the word insurance is invalid and is not and cannot be construed as either an offer to provide insurance cover, or that insurance cover is in place.
6.4 Dangerous Goods are not acceptable for carriage under any circumstances by the Company’s sub-contractor, The Alternative Parcels Company Ltd. The Company will not carry or cover dangerous, hazardous, combustible or explosive materials, gold and silver bullion, platinum and other precious and semi-precious metals and stones including the commercial carbons or industrial diamonds, dangerous drugs, uninstalled computer chips, memory cards, mobile phones, tickets and vouchers that cannot be cancelled and reissued for a nominal fee, currency (paper or coin) of any nationality, bank notes, bankers drafts of any denomination whether English or foreign, treasury notes, money orders, negotiable securities, instruments or securities of any kind, stocks, bonds, certificates, uncancelled postage or revenue stamps, war saving or thrift stamps, blank or endorsed blank cashiers cheques, money orders or travellers cheques, letters, antiques, pictures, works of art, jewellery, watches, livestock, pets, living creatures, perishables or plants, cigarettes and tobacco products, wines and spirits, furs, firearms, glass, ceramics, pottery, memorabilia, fibreglass or non-CRT screens such as Plasma and LCD Televisions and VDU monitors, and in the event that any Customer should consign such items with the Company, the Customer shall indemnify the Company for all claims, damages and expenses arising in connection therewith and the Company shall have the right to deal with such items as it shall see fit, including the right to abandon carriage of the same immediately upon the Company having knowledge that such items infringe these conditions. The Customer shall be deemed to have elected to accept the terms set out in Clause 6.4 of this Condition unless, before the transit commences, the Customer has agreed in writing that the Carrier shall not be liable for any loss or mis-delivery of or damage to or in connection with 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, its servants, agents or sub-contractors.
6.5 In addition to the those listed in Clause 6.4 the following also apply to International consignments; manufactured tobacco, Loss or Damage to Furs valued over £100, personal effects and luggage, Stamps, Deeds, Tickets.
6.6 The right of inspection referred to in this Clause 6, shall also apply for the purpose of sub-clause 6.4 and 6.5.
6.7 The Company shall not be under any obligation to provide any plant, equipment, machinery, power or labour which may be required for loading or unloading the Goods at the collection address or the delivery address.
6.8 Any assistance given by the Company beyond the usual act of collection or delivery (including without prejudice to the generality of the foregoing the provision of plant, machinery, equipment, power or labour for loading or unloading at the collection or delivery address) shall be at the sole risk of the Client who will indemnify the Company against any damage, expense, loss, costs, claims or demands (including without limitation damage to the Goods or to any property of the Customer, the Company, any third party whether or not arising out of the negligence of the Company its employees, sub-contractors or agents) arising directly or indirectly from the provision of such assistance.
6.9 To charge the full transportation costs in addition to any out of pocket expenses and any fines or additional charges or fees or handling charges or any duties or taxes for any consignment that was not sent having been booked and not cancelled prior to 18.00 hrs gmt on the booked day of despatch for the movement, collection or delivery of any goods or consignment that is not sent on the appointed day and by the transport method or service booked.
6.10 In addition to any charges listed above at 6.9, where any editing or amendment or cancellation of any unsent or incorrectly booked consignment requires any intervention or amendment in any way, a manual entry or data entry or express handling surcharge will also be applied.
7.1 Deliveries undertaken by the Company on behalf of the Customer shall be in accordance with the appropriate rate set out in the Price List of the Company which the Company may vary from time to time without notice to the Customer but which is available for inspection at the Company’s premises (and a copy will be provided on request) and the Price List shall be deemed to be inspected by the Customer whether or not actually inspected.
7.2 The prices quoted for the services of the Company are inclusive of airport tax where applicable but exclude value added tax duties deposits or additional outlays incurred in respect of carriage of the Customer’s documents or Goods. Should the Company be liable for any customs duties the Customer shall be liable for such duty in event of any default in payment by the receiver of the Goods and the Company shall be entitled to recover the same from the Customer, together with any penalties imposed or loss or damage incurred due to the Goods being impounded by customs or similar authorities and the Customer hereby indemnifies the Company against any such penalty, loss or damage.
7.3 Where an estimated mileage is less than actually travelled then the Company shall be entitled to charge an additional price up to such extra mileage at the current rate prevailing.
7.4 In addition to any prices chargeable the Company shall be entitled to charge any “waiting time” in addition to its fixed charges in respect of any delay occasioned due to defective packaging or addressing of any Goods or the obtaining of any signature to dispatches or any receipt or any other waiting time.
7.5 Where the price estimate is based upon motorcycle carriage and the Company subsequently determines that the Goods are such as to require carriage by motor van or lorry then the Company shall be entitled to change at the scale applicable to such vehicle as set out in the Price List.
7.6 Where the Company has given an estimate for the carriage of Goods that estimate shall only be valid provided that the same conditions or information given at the time the estimate was made are still applicable to the carriage of the Goods.
7.7 Where the Company has agreed a preferential rate with the Customer upon expiry of the time period agreed for the application of that preferential rate the Company shall revert to the charges specified in the Price List.
7.8 The Company may from time to time only be notified by it’s international agents of additional charges or weight changes only once the goods have been delivered. In this case we reserve the right to raise a supplemental charge or job addendum to pass this charge to the shipper.
8.1 Payment must be made within 30 days of the invoice date in Pounds Sterling unless otherwise agreed in writing.
8.2 If payment is not made within 30 days of the invoice date months then;
8.2.1 the Company may charge interest at a rate of 4% above the base rate of Metro Bank Plc from time to time in force from the date of the invoice to the date of payment; and
8.2.2 all sums shall immediately become due for payment; and
8.2.3 Credit facilities may be suspended.
8.3 Any invoice queries must be raised in writing within 14 days of the date of the invoice. For the avoidance of doubt the Customer shall pay all sums not in dispute in accordance with clause 8.1 otherwise interest in accordance with clause 8.2 shall be applied to any outstanding sum not in dispute.
8.4 No payments due to the Company from the Customer shall be withheld by the Customer in respect of any claim or alleged claim by the Customer howsoever arising and whether by way of set-off, counterclaim or otherwise.
8.5 The Company may at its absolute discretion withdraw credit facilities at any time.
8.6 The Customer agrees to indemnify the Company for all costs and expenses including legal fees and expenses in respect of the recovery or any outstanding amounts due under this contract.
9. MODE OF TRANSPORT OF GOODS
The Company shall not be obliged to adopt any particular mode of transport for the Goods or to take any particular route and shall not be liable for any delay on account of the mode of transport the route taken or the traffic and weather conditions. The Company reserves the right to carry the Goods by successive carriers and according to the Company’s or the carriers’ own handling, storage and transportation methods.
10. LIABILITY OF THE PARTIES
10.1 Employees or sub-contractors of the Company are not authorised to make any verbal representations with regard to the carriage of any Goods. If any such representation or opinion is expressed verbally and it materially affects the Customer’s decision to place the order for the delivery of Goods, the Customer should ensure that such details are confirmed in writing by a duly authorised representative of the Company. No liability can otherwise be accepted.
10.2 If any Goods have to be stored between the date and time of receipt by the Company and the date of delivery such storage shall be at the risk of the Customer.
10.3 If any goods are stored by the company prior to despatch for any reason whatsoever, the Company reserves the right to charge for said storage at the prevailing rate.
10.4 The Company gives no warranty nor makes any representation as to the time at which Goods shall be delivered.
10.5 Where the Company accepts Dangerous Goods for carriage (as defined in Clause 5.1.3, with the exception of The Alternative Parcels Company Limited as defined in Clause 6.4) the Dangerous Goods will be carried subject to the following conditions:
10.5.1 previous arrangements shall be made in writing with the Company for the carriage of such Dangerous Goods;
10.5.2 at the time of tendering such Dangerous Goods for carriage the Customer shall supply to the Company a declaration in writing stating the exact nature of the Dangerous Goods;
10.5.3 the Dangerous Goods shall be packed in accordance with any statutory regulations in force applicable to the carriage of the Dangerous Goods and any other specific requirements of the Company which may be agreed and notified in writing to the Customer;
10.5.4 the Customer has agreed in writing to reimburse the Carrier in respect of all additional costs which result from the carriage of the said items.
10.6 The Customer will be responsible for any indemnity and keep indemnified the Company against any and all loss damage and claims made against the Company or for which the Company may become liable in respect of injury to any person or damage to property arising from any non-compliance with any of the provisions of this clause unless the Customer proves that the loss damage or injury is due to the negligence or wilful misconduct of the Company.
10.7 The liability of the Company under these conditions, where no Increased Liability Cover (ILC) has been selected at the time of booking or subsequently, shall be limited to the payment by the Company by way of damages of a sum not exceeding for UK Overnight services where goods are despatched via the Mailpack, Courierpack or Lightweight Services £50.00 (fifty pounds Sterling) and for all other UK Overnight and Sameday Express & International services £100 (one hundred pounds Sterling) or its equivalent per consignment except when consignments are sent via the European Road Service when liability will be limited at £50.00. Consignments which contain in whole or in part any food or perishable items including wines, spirits or any beverage howsoever packaged are not covered for any damage or delay howsoever caused, in the event of permanent loss, the Company’s liability shall be limited to £50 per consignment not per item. Increased Liability Cover (ILC) is not available on any consignment carrying perishable items including wines, spirits or any beverage howsoever packaged. For the purpose of establishing the amount of the Company’s liability under this Clause the value of the Goods shall be ascertained by reference to its replacement or reconstitution value at the time and place of shipment without reference to its commercial utility to the Customer and other items of consequential loss. Specifically, where Increased Liability Cover (ILC) has been selected at the time of booking or subsequently and agreed in writing by the Company, at revised carriage charges in consideration of the increased limit, nothing in these Conditions shall make the Carrier responsible for the first £50 (fifty pounds Sterling) of each and every claim. Any customer who is deemed to be a Trade Customer who re-sells the transportation or delivery services provided by the Company its subcontractors or suppliers or who is itself a Courier or Delivery business, shall be self-insuring and the Company, APC Overnight and any subcontractors or suppliers will not be liable for any loss or damage howsoever caused.
10.8 The liability of the Company under these conditions, where Increased Liability Cover (ILC) has been selected at the time of booking or subsequently and agreed in writing by the Company shall not include the premium or cost of providing Increased Liability Cover and should any part of a consignment which is subject to an ILC claim be delivered correctly and undamaged the shipping costs will not be waived or refunded.
10.9 The Company shall under no circumstances be liable for any indirect consequential loss or loss of profit by the Customer or damage incurred by the Customer or any third party. The parties agree that consequential loss shall be deemed to include without restriction commercial, financial, or other direct loss of interest and utility.
10.10 The Company accepts no liability for the loss or damage howsoever caused of any Goods which comprise in whole or in part cash or currency, cheques, bankers’ drafts of any denomination whether English or foreign.
10.11 The Company shall not in any case be liable in respect of any loss or damage to any Goods that cannot be carried within lockable equipment normally provided by any vehicle requested by the Customer from the Company for delivery of such Goods or if the Goods are not properly packed or prepared for transit in parcels, envelopes or packages suitable for transit of goods, items or matters of a nature comprising the Goods or any part thereof in accordance with Clause 4.
10.12 The Company shall be entitled to receive written evidence to its reasonable satisfaction of the value of any Goods damaged or lost.
10.13 The Company shall not be liable for any loss or damage or delay suffered by reason of: –
10.13.1 the failure of the Customer to address the Goods correctly or at all; or
10.13.2 by inadequate or inappropriate packaging; or
10.13.3 delivery of the Goods in good faith at the delivery address to a person claiming to be the correct recipient/addressee or his or its employee, sub-contractor or agent; or
10.13.4 any breach of the obligations of the Customer in Clauses 4, 5 and 10.5 above; or
10.13.5 delivery of the Goods in good faith to any person at the delivery, or a neighbouring address; or
10.13.6 the inability of the Company to perform its obligations due to any circumstance beyond the reasonable control of the Company including (without prejudice to the generality of the foregoing) any strike, lockout, state of hostilities or climatic conditions.
10.13.7 the delayed delivery of pre-10am or pre-12pm delivery unless the delay is greater than the 30 minute grace period and isn’t due to circumstances beyond reasonable control (see 10.13.6, 10.18, 10.19). Delayed delivery within reasonable control of more than 30 minutes for a timed consignment will be downgraded at customer’s request (see 10.14.2)
10.14 The Company shall not be liable for any loss of or damage to Goods unless a claim is made upon the Company in writing,
10.14.1 within three business days after the end of transit of the goods and supporting documents are supplied to the company to support such a claim within fourteen business days after the end of transit; or
10.14.2 in the case of loss, miss-delivery or non-delivery within twenty business days of acceptance by the company of the goods concerned, and supporting documents are supplied to the company within thirty business days after the date of despatch.
10.14.3 The Company shall in any event be discharged from all liability whatsoever and howsoever arising in respect of the Consignment unless suit is brought within one year of the date of despatch.
10.15 The Company shall not be liable for any damage to Goods if:-
10.15.1 the consignment contains or is made up of in whole or in part of any glass, perishable commodity or item; or
10.15.2 the consignment contains or is made up of any liquid including any beverage howsoever packaged.
10.16 The Company shall not be liable for any loss or damage or delay to any UK Overnight consignment unless every item within the consignment has affixed to it a clearly printed consignment label bearing the full delivery address and the barcode relating to that consignment and that the barcode has been scanned at least once including at least one scan for every item at the National Sortation Hub.
10.17 The Company is not an air transport undertaking as described within the Warsaw Convention 1929 and subsequent air carriage treaties and legislation. The Company acts as agents for its customers when consigning Goods with a particular airline for onward carriage and without prejudice to its general right of subrogating expense incurred by any carrier on behalf of the Customer.
10.18 Should any government directives be put in place at any time for any reason whatsoever to limit or control the movement and or proximity of individuals or groups of individuals the Company cannot be held responsible for any delay.
10.19 During the COVID-19 (Coronavirus) pandemic and whilst government directives are in place to limit or control the movement and/or proximity of individuals, or groups of individuals the Company cannot be held responsible for any delay however so caused. It will also not be liable for any reduction, credit or refund for the transportation costs or for the loss of goods caused by any such delay.
11.1 These Terms and Conditions shall be governed by the laws of England and both parties submit to the exclusive jurisdiction of the English Courts.
11.2 No third party shall acquire any rights under these Terms and Conditions.
11.3 Unless we agree otherwise, you will not be entitled to cancel your instructions to us once we have started work on your behalf and any work undertaken or fees/expenses incurred up to the time of cancellation will be charged to you.
11.4 Statements made in the Company’s brochure, save for the Terms and Conditions, are for guidance only and do not form part of any contract between the Company and the Customer.
11.4.1 Any notice required to be given by either party to the other under these Terms and Conditions shall be in writing addressed to the other party at its registered office or principal place of business and delivered or sent by first class post or facsimile transmission.
11.4.2 Any such notice or document shall be deemed to have been served if delivered at the time of delivery or if posted at the expiration of forty-eight hours after the envelope containing the same shall have been put into the post or if sent by facsimile transmission at the expiration of twelve hours after receipt of the same has been automatically acknowledged to the sender thereof and in proving such service it shall be sufficient to prove that delivery was made or that the envelope containing such notice or document was properly addressed and posted as a prepaid first class letter or that the facsimile transmission was properly addressed and acknowledged as the case may be provided that a copy of such facsimile transmission is delivered or sent by post in manner aforesaid within twenty-four hours of such facsimile being automatically acknowledged.
11.5 The Company reserves the right to update the Terms and Conditions periodically, the current issue supersedes all previous issues and will be provided to the Customer by the Company upon written request.
© 2020 Wey Group International Limited