1. Definitions
We shall refer to CBR Courier Services.
You shall refer to the customer with whom We contract with for the carriage of Goods.
Goods shall be the Goods which are the subject of the contract for carnage.
Conditions means terms and conditions of carnage.
2. Our Obligations
2.1 We shall carry, store and transport the Goods from the collection address specified by You at the time of booking by such routes, means or procedures as We in Our absolute discretion consider appropriate.
We may employ, instruct or entrust the performance of all or part of the contract to others.
3. Your Obligations
You expressly warrant that the Goods are Yours or that You are the owner or the owner's authorised agent and that You are authorised to accept and do accept the Conditions for yourselves but also as agents for and on behalf of any person who may have rights to the Goods.
3.2 You warrant that all Goods entrusted to Us for carriage have been properly and sufficiently packed, labelled and / or prepared and that the Goods are suitable for carriage in the vehicle provided by Us.
3.3 All accounts will be rendered by Us at least monthly and You will settle Your account in full within 30 days of the date of the invoice and You will not make any deductions or withhold any payments on account of any claim, counterclaim or setoff.
4. Risk
4.1 Subject to the provisions of these Conditions the Goods will be at Our risk the time they are delivered to Us or collected by Us until the Goods have been delivered or tendered for delivery at the delivery address or where We are to hold the Goods for collection or further instructions, until one working day has elapsed since We have notified You or the designated consignee of the availability of the Goods.
5. Our Liability
5.1 We shall be liable for:
(a) Loss of or damage to the Goods;
(b) Delay or error in delivery of the Goods;
(c) Failure to follow any reasonable instructions which we have agreed with.
Providing that it is reasonably proved that the loss, damage, non-delivery or mis-delivery was due to Our negligence or default (or that of our employees).
Negligence (or that of our employees or agents) We shall be under no liability whatsoever in connection with the Goods or any instructions, advice, information or otherwise.
5.3 No expressions of acceptance of any responsibility made by any of Our employees or agents shall be in fact admissions unless confirmed by Our Proprieter.
5.4 We shall not, under any circumstances be liable for any detention or delay of the Goods or any consequential loss, damage or deterioration arising from it except where:
(a) You have specified the nature of the Goods and the purposes for which they are required and We have agreed in writing a time schedule specification for those Goods; and
(b) It is proved that the potential loss, delay, damage or deterioration was due to Our negligence.
6. Limitations
6.1 For carriage within the United Kingdom (excluding Northern Ireland and any off shore islands) by a bicycle, motorcycle or van ordered by You and provided by Us, Our liability shall not exceed the value of the relevant Goods or the sum of [E5,000] per Consignment whichever is the lesser in accordance with Our Goods in Transit insurance policy.
6.2 For an international delivery ordered by You and provided by Us Our liability shall not exceed;
(a) The value of the relevant Goods; or
(b)A sum at the rate of (~800) per tonne or 1,00 kilos on the gross weight of the Goods; whichever is the lesser provided that Our minimum liability will be [E50] in respect of
any Consignment.
6.3 For an international delivery ordered by You and provided by an agent or subcontractor of Ours, Our liability shall be limited to the amount that We are able to claim for such agent or subcontractor for any loss or damage.
6.4 We shall not accept any claims for loss or damage relating to Goods or non-delivery or mis-delivery unless We are advised of a claim in writing within 7 working days of the date the Consignment and the claim is quantified within 28 days from the date of the Consignment.
7. Exclusions from carriage
7.1 We will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive Goods or any Goods likely to cause damage or any valuable or fragile goods (and by way of illustration only the Goods listed in Schedule I below) without special arrangement in writing with Us. Should You nonetheless, deliver any such Goods to Us or cause Us to handle or deal with any such Goods, You will be liable for ALL loss or damage whatsoever caused by or to or in connection with those Goods and shall indemnify Us against all penalties, claims, damages, costs and expenses arising in connection with such Goods. We may destroy such Goods or otherwise dispose of them at Our sole discretion and at Your cost.
8. General
8.1 If any legislation is compulsorily applicable to any contract undertaken these Conditions shall be read in such context as subject to the legislation provided that nothing shall be taken as a surrender by Us of any of Our rights or immunities or as an increase of Our responsibilities under any relevant legislation.
8.2 If any part of these conditions be void or unlawful under any relevant law or legislation the relevant clause or portion of the clause shall disregard it without effect to any other clause or part of the conditions.
Conditions proposed by or referred to You in writing or otherwise shall for part of this contract unless agreed to in writing singed by Our Proprietor.
8.4 All agreements made between Us and You shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts.
Schedule I
Excluded Goods
Bullions, coins, precious stones, jewellery, valuables, antiques, pictures, furniture, securities, deeds, bills of exchange, promissory notes, documents of title to property, stamps, photographs, cassettes, videos, spirits, tobacco and cigarettes, brittle, fragile or breakable articles, non-ferrous metals other that in component form, human or animal remains, food stuffs, drugs, furs, nuclear fuel or nuclear waste.