TERMS AND CONDITIONS
IMPORTANT PLEASE READ
1. DEFINITIONS
1.1 In these Terms and Conditions the following expressions will have the following meanings unless inconsistent with the context:
“Contract” any contract between us and you for the performance of Services formed in accordance with Condition 2
“Services” any Services which we provide to you (including any of them or any part of them) under a Contract.
“Terms & Condition” the standard terms and conditions of sale [and supply] set out in this document together with any special terms agreed in writing between you and us [as specified on the front of the acknowledgement of order]
“We/Us/Our” Errand Transport registered office….
“You/Your” the person(s) whose order for Services is accepted by us.
1.2 You may have other rights granted to you by law in addition to those set out in these Terms and Conditions, which we may not exclude. These Terms and Conditions do not affect those other rights granted by law.
2. FORMATION
2.1 Unless varied under Condition 2.6, the Contract will be upon these Terms and Conditions, to the exclusion of all other terms and conditions and all previous oral or written representations made by us.
2.2 Each order or acceptance of a quotation for Services will be deemed to be an offer by you to purchase Services upon these Terms and Conditions. The Contract is formed when the order is accepted by us, by way of your signature of this contract. There will be no contract between you and us and we will have no obligation to provide you with the Services until we have issued your sign this contract. All orders must be on our standard order form.
2.3 Any quotation is valid for a period of 30 days only from its date, provided we have not previously withdrawn it.
2.4 This contract may be cancelled by either of us on written notice at any time before services are rendered to you.
2.5 These Terms and Conditions may not be varied unless that variation is in writing signed by one of Our directors.
3. PRICE
3.1 The price for the Services will be the price specified in this contract and is inclusive of:
3.1.1 any costs of packaging and carriage of your property; and
3.1.2 any value added tax or other applicable sales tax or duty.
3.2 We will be entitled to increase the price of our Services following any changes in the specification made both at your request and agreed by us or to cover any extra expense as a result of your instructions or lack of instructions.
4. PAYMENT
4.1 We will invoice you on or at any time before performance commences. Subject to Condition 4.4, payment is due on or before delivery or completion of performance.
4.2 Time for payment will be of the essence. No payment will be deemed to have been made until we have received cleared funds.
4.3 If any sum payable under the Contract is not paid when due then, without prejudice to our other rights under the Contract, that sum will bear interest from the due date until payment is made in full, both before and after any judgment, at 2% per annum over Abbey Bank plc base rate from time to time and we will be entitled to retain any of your possessions until the outstanding amount has been received by us.
5. PERFORMANCE
5.1 The Services will be performed at the addresses stated on this contract.
5.2 We will use reasonable endeavours to perform the Services within the time stated on this contract. If, despite those endeavours, we are unable for any reason to fulfil any performance on or by the specified date, we will not be deemed to be in breach of the Contract, nor for the avoidance of doubt will we have any liability to you for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused (including as a result of negligence) by any delay or failure in performance except as set out in this condition 5. If you cancel the Contract in accordance with this condition 5.2 then:
5.2.1 we will refund to you any sums which you have paid to us in respect of that Contract [or part of the Contract] which has been cancelled; and
5.2.2 you will be under no liability to make any payments in respect of that Contract.
If you fail to take accept performance of the Services after we have taken possession of your property within 7 days of the date when you are advised they are ready for delivery or to provide any instructions, documents, licences or authorisations required to enable the Services to be performed
then we will, at our option, cancel the Contract and refund to you all monies paid by you under the Contract in respect of that particular performance less any losses, expenses or costs (including loss of business and profit whether direct or indirect) which we have suffered or use reasonable endeavours to rearrange a date for performance, in which case we will be entitled to charge you for any additional losses, expenses or costs (including loss of business and profit whether direct or indirect) which we have suffered as a result of the delay in performance
OR
we will:
5.2.3 store or arrange for storage of your property until actual delivery in accordance with Condition 7.3.2 and charge you for all related costs and expenses (including, without limitation, storage and insurance); and/or
5.2.4 use reasonable endeavours to rearrange delivery and charge you for the costs of this additional delivery] but if we are unable to rearrange delivery then following written notice to you, we will sell any of your property at the best price reasonably obtainable in the circumstances and charge you for any shortfall below the price under the Contract or account to you for any excess achieved over the price under the Contract, in both cases having taken into account any charges related to the sale.
5.3 We will, provide which are proved to the reasonable satisfaction of both of us to be However, should any of your property be damaged whilst in our possession we will pay your reasonable compensation to cover the cost of repair or where this is not possible the replacement of the damaged property. This obligation will not apply where:
5.3.1 you have improperly altered the property in any way whatsoever, or have subject them to misuse or unauthorised repair;
5.3.2 your property have been improperly installed or connected (other than by us);
5.3.3 you have not complied with any maintenance requirements;
5.3.4 you have not complied with any instructions as to storage of the property in all respects; or
5.3.5 you have failed to notify us of any problem or suspected problem within 14 days of performance where the problem should be apparent on reasonable inspection, or within 14 days of you becoming aware where the problem is not one which should be apparent on reasonable inspection.
6. FORCE MAJEURE
We will not be liable to you in any manner whatsoever for any failure or delay or for the consequences of any failure or delay in performance of any Contract if is due to any event beyond our reasonable control [and contemplation] [including, without limitation, [strikes, lockouts or other industrial disputes (whether involving our workforce or any other party)], acts of God, war, protests, fire, flood, storm, tempest, explosion, an act of terrorism, riot, civil commotion, national emergencies, breakdown of plant or machinery [or default of suppliers or sub-contractors] [and we will be entitled to a reasonable extension of time for such obligations. If the event causing the delay continues for a period in excess of [three] months then either you or we will be entitled to terminate the contract by written notice to the other and our only liability to you will be to refund to you all sums paid under the Contract in respect of Services which have not been performed.
7. TERMINATION
7.1 Either we or you may by notice in writing served on the other terminate any or all Contracts immediately if the other:
7.1.1 is in material breach of any of the terms of any Contract and, where the breach is capable of remedy, the party in breach fails to remedy such breach within [NUMBER] days service of a written notice from the other, specifying the breach and requiring it to be remedied. Failure to pay any sums due in accordance with Condition 5.1 is a material breach of the terms of the Contract which is not capable of remedy; or
7.1.2 becomes bankrupt, insolvent, makes any composition with its creditors, has a receiver appointed under the Mental Health Act 1982 or dies
7.2 The termination of the Contact howsoever arising is without prejudice to your or our rights, duties and liabilities accrued prior to or on termination. The conditions which expressly or impliedly have effect after termination will continue to be enforceable after termination.
7.3 We will be entitled to suspend any deliveries within the [NUMBER] days following service of a notice specifying a breach under Condition 11.1.1, until either the breach is remedied or the Contract terminates, whichever occurs first.
8. GENERAL
8.1 Each of the rights or remedies under any Contract is without prejudice to any other right or remedy under that or any other Contract.
8.2 No failure or delay by us or you to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
8.3 We may assign, hold on trust, licence or sub-contract all or any part of our rights or obligations under any Contract.
8.4 Each and every Contract is personal to you and you may not assign, hold on trust, licence or sub-contract all or any of your rights or obligations under any Contract without our prior written consent.
8.5 Neither of us intend that any of the terms of any Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
8.6 By submitting your order you allow us to use your personal details for the purposes of performing services (including passing your details on to couriers and other subcontractors). We will not use your details for other purposes without asking your consent.
8.7 JURISDICTION
The formation, existence, construction, performance, validity and all aspects whatsoever of the Contract or of any term of the Contract will be governed by English law [as applied in Wales]. The English [and Welsh] Courts will have [exclusive][non-exclusive] jurisdiction to settle any disputes which may arise out of or in connection with the Contract. You and we agree to submit to that jurisdiction.
IMPORTANT PLEASE READ
1. DEFINITIONS
1.1 In these Terms and Conditions the following expressions will have the following meanings unless inconsistent with the context:
“Contract” any contract between us and you for the performance of Services formed in accordance with Condition 2
“Services” any Services which we provide to you (including any of them or any part of them) under a Contract.
“Terms & Condition” the standard terms and conditions of sale [and supply] set out in this document together with any special terms agreed in writing between you and us [as specified on the front of the acknowledgement of order]
“We/Us/Our” Errand Transport registered office….
“You/Your” the person(s) whose order for Services is accepted by us.
1.2 You may have other rights granted to you by law in addition to those set out in these Terms and Conditions, which we may not exclude. These Terms and Conditions do not affect those other rights granted by law.
2. FORMATION
2.1 Unless varied under Condition 2.6, the Contract will be upon these Terms and Conditions, to the exclusion of all other terms and conditions and all previous oral or written representations made by us.
2.2 Each order or acceptance of a quotation for Services will be deemed to be an offer by you to purchase Services upon these Terms and Conditions. The Contract is formed when the order is accepted by us, by way of your signature of this contract. There will be no contract between you and us and we will have no obligation to provide you with the Services until we have issued your sign this contract. All orders must be on our standard order form.
2.3 Any quotation is valid for a period of 30 days only from its date, provided we have not previously withdrawn it.
2.4 This contract may be cancelled by either of us on written notice at any time before services are rendered to you.
2.5 These Terms and Conditions may not be varied unless that variation is in writing signed by one of Our directors.
3. PRICE
3.1 The price for the Services will be the price specified in this contract and is inclusive of:
3.1.1 any costs of packaging and carriage of your property; and
3.1.2 any value added tax or other applicable sales tax or duty.
3.2 We will be entitled to increase the price of our Services following any changes in the specification made both at your request and agreed by us or to cover any extra expense as a result of your instructions or lack of instructions.
4. PAYMENT
4.1 We will invoice you on or at any time before performance commences. Subject to Condition 4.4, payment is due on or before delivery or completion of performance.
4.2 Time for payment will be of the essence. No payment will be deemed to have been made until we have received cleared funds.
4.3 If any sum payable under the Contract is not paid when due then, without prejudice to our other rights under the Contract, that sum will bear interest from the due date until payment is made in full, both before and after any judgment, at 2% per annum over Abbey Bank plc base rate from time to time and we will be entitled to retain any of your possessions until the outstanding amount has been received by us.
5. PERFORMANCE
5.1 The Services will be performed at the addresses stated on this contract.
5.2 We will use reasonable endeavours to perform the Services within the time stated on this contract. If, despite those endeavours, we are unable for any reason to fulfil any performance on or by the specified date, we will not be deemed to be in breach of the Contract, nor for the avoidance of doubt will we have any liability to you for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused (including as a result of negligence) by any delay or failure in performance except as set out in this condition 5. If you cancel the Contract in accordance with this condition 5.2 then:
5.2.1 we will refund to you any sums which you have paid to us in respect of that Contract [or part of the Contract] which has been cancelled; and
5.2.2 you will be under no liability to make any payments in respect of that Contract.
If you fail to take accept performance of the Services after we have taken possession of your property within 7 days of the date when you are advised they are ready for delivery or to provide any instructions, documents, licences or authorisations required to enable the Services to be performed
then we will, at our option, cancel the Contract and refund to you all monies paid by you under the Contract in respect of that particular performance less any losses, expenses or costs (including loss of business and profit whether direct or indirect) which we have suffered or use reasonable endeavours to rearrange a date for performance, in which case we will be entitled to charge you for any additional losses, expenses or costs (including loss of business and profit whether direct or indirect) which we have suffered as a result of the delay in performance
OR
we will:
5.2.3 store or arrange for storage of your property until actual delivery in accordance with Condition 7.3.2 and charge you for all related costs and expenses (including, without limitation, storage and insurance); and/or
5.2.4 use reasonable endeavours to rearrange delivery and charge you for the costs of this additional delivery] but if we are unable to rearrange delivery then following written notice to you, we will sell any of your property at the best price reasonably obtainable in the circumstances and charge you for any shortfall below the price under the Contract or account to you for any excess achieved over the price under the Contract, in both cases having taken into account any charges related to the sale.
5.3 We will, provide which are proved to the reasonable satisfaction of both of us to be However, should any of your property be damaged whilst in our possession we will pay your reasonable compensation to cover the cost of repair or where this is not possible the replacement of the damaged property. This obligation will not apply where:
5.3.1 you have improperly altered the property in any way whatsoever, or have subject them to misuse or unauthorised repair;
5.3.2 your property have been improperly installed or connected (other than by us);
5.3.3 you have not complied with any maintenance requirements;
5.3.4 you have not complied with any instructions as to storage of the property in all respects; or
5.3.5 you have failed to notify us of any problem or suspected problem within 14 days of performance where the problem should be apparent on reasonable inspection, or within 14 days of you becoming aware where the problem is not one which should be apparent on reasonable inspection.
6. FORCE MAJEURE
We will not be liable to you in any manner whatsoever for any failure or delay or for the consequences of any failure or delay in performance of any Contract if is due to any event beyond our reasonable control [and contemplation] [including, without limitation, [strikes, lockouts or other industrial disputes (whether involving our workforce or any other party)], acts of God, war, protests, fire, flood, storm, tempest, explosion, an act of terrorism, riot, civil commotion, national emergencies, breakdown of plant or machinery [or default of suppliers or sub-contractors] [and we will be entitled to a reasonable extension of time for such obligations. If the event causing the delay continues for a period in excess of [three] months then either you or we will be entitled to terminate the contract by written notice to the other and our only liability to you will be to refund to you all sums paid under the Contract in respect of Services which have not been performed.
7. TERMINATION
7.1 Either we or you may by notice in writing served on the other terminate any or all Contracts immediately if the other:
7.1.1 is in material breach of any of the terms of any Contract and, where the breach is capable of remedy, the party in breach fails to remedy such breach within [NUMBER] days service of a written notice from the other, specifying the breach and requiring it to be remedied. Failure to pay any sums due in accordance with Condition 5.1 is a material breach of the terms of the Contract which is not capable of remedy; or
7.1.2 becomes bankrupt, insolvent, makes any composition with its creditors, has a receiver appointed under the Mental Health Act 1982 or dies
7.2 The termination of the Contact howsoever arising is without prejudice to your or our rights, duties and liabilities accrued prior to or on termination. The conditions which expressly or impliedly have effect after termination will continue to be enforceable after termination.
7.3 We will be entitled to suspend any deliveries within the [NUMBER] days following service of a notice specifying a breach under Condition 11.1.1, until either the breach is remedied or the Contract terminates, whichever occurs first.
8. GENERAL
8.1 Each of the rights or remedies under any Contract is without prejudice to any other right or remedy under that or any other Contract.
8.2 No failure or delay by us or you to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
8.3 We may assign, hold on trust, licence or sub-contract all or any part of our rights or obligations under any Contract.
8.4 Each and every Contract is personal to you and you may not assign, hold on trust, licence or sub-contract all or any of your rights or obligations under any Contract without our prior written consent.
8.5 Neither of us intend that any of the terms of any Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
8.6 By submitting your order you allow us to use your personal details for the purposes of performing services (including passing your details on to couriers and other subcontractors). We will not use your details for other purposes without asking your consent.
8.7 JURISDICTION
The formation, existence, construction, performance, validity and all aspects whatsoever of the Contract or of any term of the Contract will be governed by English law [as applied in Wales]. The English [and Welsh] Courts will have [exclusive][non-exclusive] jurisdiction to settle any disputes which may arise out of or in connection with the Contract. You and we agree to submit to that jurisdiction.