Terms and Conditions
samedaydelivery.city – TERMS AND CONDITIONS
Sameday Delivery is a trading name of ADW TEAM LTD. Registered in England & Wales No. 13510061
The registered office address of ADW TEAM LTD T/A samedaydelivery.city Registered office address. 20-22 Wenlock Road, London, England, N1 7GU, United Kingdom.
Please note there are 2 sets of Terms & Conditions (Next day & Same day) both sets of conditions apply, Please be sure to read carefully.
Same day courier Terms & Conditions
“Carrier” means ADW TEAM LTD T/A Sameday Delivery Registered in England & Wales No. 13510061 which unless the context requires otherwise, includes any sub-contractor appointed by the Carrier.
“Customer” means the person or company who contracts for the services of the Carrier, including any other carrier who gives a Consignment to the Carrier for carriage.
“Contract” means the contract of carriage between the Customer and the Carrier, which shall be made subject to these Terms and Conditions.
“Consignee” means the person, company or representative of the company to whom the Carrier contracts to deliver the Consignment.
“Consignment” means any item or items the Carrier carries for the Customer at one time in one load or from one address to another in bulk or contained in one parcel, package, container or envelope, as the case may be, or any separate number of parcels, packages, containers or envelopes sent at one time in one load by or for the Customer from one address to one address. For the avoidance of doubt, the expression “goods” shall include papers and documents other than those expressly excluded in these Terms and Conditions.
“Dangerous Goods” means dangerous substances as defined in the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 (and any amendment or replacement thereof), explosives, radioactive substances and any other substance presenting a similar hazard or anything the Customer asks the Carrier to deliver that could put the health and safety of other people at risk.
2.1 These Terms and Conditions cannot be changed or varied unless a director of the Carrier agrees in writing.
2.2 The Carrier is not a common carrier and accepts at its sole discretion Consignments for carriage under these Terms and Conditions.
- Authority and Sub-Contracting
3.1 The Customer warrants that he is either the owner of the goods in any Consignment or is authorised by the owner to accept these Terms and Conditions on the owner’s behalf.
3.2 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 Customer upon request.
3.3 The Carrier contracts for itself and (subject to paragraph 3.4) as agent of and trustee for its servants and agents and all other carriers referred to in paragraph 3.2 above and such other carriers’ servants and agents.
3.4 Notwithstanding paragraph 3.3, the carriage of goods in any Consignment by rail, sea, inland waterway or air is arranged by the Carrier as agent of the Customer and shall be subject to the terms and conditions of the rail, shipping, inland waterway or air carrier contracted to carry the Consignment.
- Dangerous Goods
Dangerous Goods must be disclosed by the Customer in advance and if the Carrier agrees to accept them for Carriage they must be classified, packed and labelled in accordance with the statutory regulations for the carriage by road of the substance(s) declared. Transport Emergency Cards (“Tremcards”) or information in writing in the manner required by the relevant statutory provisions or by the relevant body authorised by statute to make regulations must be provided by the Customer in respect of each substance and must accompany the Consignment.
5.1 Unless the Carrier has agreed in writing to the contrary with the Customer:
5.1.1 The Carrier shall not be under any obligation to provide any plant, power or labour required for loading or unloading the Consignment, other than that carried by the vehicle used by the Carrier;
5.1.2 The Customer warrants that any special equipment required for loading or unloading the Consignment that is not carried by the Carrier’s vehicle will be provided or procured by the Customer;
5.1.3 The Carrier shall be under no liability whatsoever to the Customer and the Customer shall indemnify and hold harmless the Carrier for any damage, however caused, if the Carrier is instructed to load or unload any goods requiring special equipment if such equipment has not been provided or procured by the Customer.
5.2 The time specified in the Contract for delivery of the Consignment is not of the essence and delivery times are estimated and not guaranteed. The Carrier will use all reasonable endeavours to ensure that the consignment is delivered by the estimated time but the Carrier shall not be liable to the Customer, or be in breach of the Contract, for any delay in delivery how so ever caused.
- Consignment Notes
The Carrier shall, if so required, sign a document prepared by the Customer 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.
7.1 Transit shall commence when the Carrier takes possession of the Consignment, whether at the point of collection or at the Carrier’s premises.
7.2 Where the Carrier at the request of the Customer loads a consignment on one day for delivery on the next working day so that the Consignment is stored in a vehicle, transit shall commence and storage shall be deemed to end when the vehicle begins delivery.
7.3 Transit shall (unless otherwise previously determined) end when the Consignment is tendered at the usual place of delivery at the Consignee’s address PROVIDED THAT:
7.3.1 If no safe and adequate access or, if applicable, no adequate unloading facilities there exist, then transit shall be deemed to end at the expiry of one hour after notice by telephone of the arrival of the Consignment at the Carrier’s premises has been given to the Customer.
7.3.2 When for any other reason a Consignment cannot be delivered or when a Consignment is held by the Carrier to “await order” or upon any like instructions and such instructions are not given or the Consignment is not called for and removed within a reasonable time determined by the Carrier, then transit shall be deemed to end at the expiry of such reasonable time.
- Undelivered or Unclaimed Goods
8.1 Where the Carrier is unable for any reason to deliver a Consignment to the Consignee or as he may order, or when by paragraph 7.2 above transit is deemed to be at an end, the Carrier may sell the goods comprising the Consignment. Payment or tender of the proceeds after deduction of all proper charges and expenses in relation thereto and of all outstanding charges in relation to the carriage and storage of the Consignment shall (without prejudice to any claim or right which the Customer may have against the Carrier otherwise arising under these conditions) discharge the Carrier from all liability in respect of the Consignment.
8.2 Notwithstanding the generality of paragraph 8.1 above, the Carrier shall use his reasonable endeavours to obtain a reasonable price for the Consignment and the Carrier’s power of sale shall not be exercised where the name and address of the Customer or of the Consignee is known unless the Carrier shall use its reasonable endeavours to give notice to the Customer and to the Consignee that the goods will be sold unless within the time specified in such notice, being a reasonable time in the circumstances from the giving of such notice, the goods are taken away or instructions are given for their disposal.
9.1 Customers who are consumers have a right to cancel the Contract with the Carrier within seven working days of conclusion of the Contract. The seven day period begins the day after conclusion of the Contract. Conclusion of the contract means when the parties have entered into a legally binding agreement but, in relation to this clause, performance of the Contract has not yet commenced.
9.2 In order for a consumer to cancel an order, the Carrier must be notified by telephone, email or in writing to its contact address within this 7 day period. A refund of any monies paid for the Contract will be made within 30 days of cancellation. If the price of the Contract has been paid by credit or debit card, the credit or debit card account will be re-credited as soon as possible and in any event within the above 30 day period.
9.3 If performance of the Contract has already commenced within 7 working days of conclusion of the contract then the right to cancel is lost in accordance with Regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000. Performance of the Contract will be deemed to have commenced when the Consignment has been collected from the Customer.
- Carrier’s Charges
10.1 The Carrier’s charges shall be made in accordance with its tariff current at the time of performance of the Contract. The Carrier will prepare invoices at least once a month, or charge the Customer’s credit or debit card account with the relevant amount. The Carrier at its absolute discretion may withdraw credit facilities at any time and the balance outstanding shall become due immediately on demand.
10.2 The prices on the Carrier’s tariff are exclusive of any additional charges that the Carrier incurs on behalf of the Customer, examples of which include (but are not limited to) the weight and size of the Consignment being more than advised by the Customer, failed collection charges, waiting time, re-delivery, return to sender and customs charges. The Carrier reserves the right to charge these further charges to the Customer’s credit card or add them to the invoice to the Customer.
10.3 The Carrier’s charges shall be payable by the Customer 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 Customer 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.
10.4 Charges shall be payable on the expiry of any time limit notified to the Customer (whether on any invoice or otherwise) or failing such notification 30 days after the date of the relevant invoice and the Carrier shall be entitled to interest at 8% above the Official Dealing Rate of the Bank of England for the time being calculated on a daily basis on all amounts overdue to the Carrier. Any queries as to the correctness of the invoice must be made in writing within fourteen days of issue of the invoice otherwise it will be payable in full.
10.5 Except where any quotation states otherwise, all quotations given based on a weight charge shall apply to the gross weight of the Consignment.
10.6 Unless stated otherwise, all charges quoted are exclusive of Value Added Tax.
10.7 All sums due to the Carrier shall be paid without deduction, set-off or abatement and the customer 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 Customer against the Carrier must be subject to separate proceedings.
- Liability for Loss and Damage
11.1 The Customer shall be deemed to have elected to accept the terms set out in paragraphs 11.2 and 11.3 below unless, before the transit commences, the Customer has agreed in writing that the Carrier shall not be liable for any loss or misdelivery 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.
11.2 Except under special arrangements previously agreed in writing, the Carrier shall not be liable for any loss or misdelivery or damage to bullion, money, securities, deeds, bills of exchange, promissory notes, stamps, photographs or their negatives, pictures, other works of art, designs, drawings, art work, documents of title to property, negotiable documents, jewellery, ceramics, precious stones, gold, silver, platinum and other precious metals, non-ferrous metals other than in component form, antiques, watches, valuables, furs, drugs, human remains, nuclear fuel or nuclear waste, cassettes, videos, liquids, food, tobacco (other than raw leaf tobacco) and cigarettes, brittle/fragile/breakable articles or livestock, plants or perishables, marine invertebrates (coral), vehicle panels, glass or wood or items containing glass or wood, mobile phones, computer chips, computer printers, computer monitors, computer hard-drives, laptop computers, televisions and television screens, furniture, white goods (eg refrigerators, freezers, dishwashers, cookers, clothes dryers & washing machines), personal effects, second hand items, faulty of damaged items, items purchased or sold from auction sites/shops or items of a like nature to any of the foregoing and the Customer shall indemnify and hold harmless the Carrier in respect of any loss or damage caused in respect thereof to any person whatsoever. In addition, the Carrier shall not carry any passengers under any circumstances.
11.3 The Carrier shall not be liable in respect of any loss or misdelivery of or damage to any Consignment if the same has arisen from:
11.3.1 Acts of God.
11.3.2 Any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, 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;
11.3.3 Seizure or forfeiture under legal process;
11.3.4 Act, omission, misstatement or misrepresentation by the Customer or other owner of the Consignment or by servants or agents of either of them;
11.3.5 Inherent liability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Consignment (not withstanding that it may be marked “Fragile”)
11.3.6 Insufficient or improper packing;
11.3.7 Insufficient labelling or addressing;
11.3.8 Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
11.3.9 The Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered;
11.4 Collections and deliveries where the Sender or Consignee is not present and the Customer has provided instructions for a Consignment to be collected from, or delivered to, an alternative location either on or nearby the premises, or to a neighbouring property;
11.4.1 The Carrier shall not in any circumstances be liable for loss or damage to the Consignment after transit of such goods is deemed to have ended within Clause 7 above, whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default, or other wrong doing on the part of the Carrier.
The Carrier shall not in any circumstances be liable in respect of a Consignment where there has been fraud on the part of the Customer or the owner of the Consignment or any part thereof or the servants or agents of either of them in respect of that Consignment, unless the fraud has been contributed to by the complicity of the Carrier or of any servant of the Carrier acting in the course of his employment.
- Limitation of liability
13.1 The liability of the Carrier for loss of or damage to any Consignment using the Carrier’s Time Critical, Non-Standard Economy & Out of Hours delivery services shall be limited to a maximum of one thousand pounds sterling (£1000.00) provided that where the Customer has arranged its own transit insurance cover and/or is itself in the business of carrying or arranging to carry Goods for reward and/or in respect of goods as referred to in Clause 4 the liability (if any) of the Carrier shall not exceed a sum at the rate of £10 per kilogram on the gross weight of the goods or the value of the goods or the Customers own level of liability (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.
13.2 The liability of the Carrier for loss of or damage to any Consignment using the Carrier’s UK Overnight delivery service shall be limited to a maximum of £15 per kilogram on the gross weight of the goods up to £150.00 or the Customers own level of liability (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.
13.3 The liability of the Carrier for loss of or damage to any Consignment using the Carrier’s UK & Ireland Freight delivery service shall be limited to a maximum of £1300 per tonne on the gross weight of the goods up to £150.00 or the Customers own level of liability (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.
13.4 For International movements such as Exports, Imports & Overland deliveries the liability will be restricted to the amount of cover provided by our nominated agent but not exceeding £150.00.
13.5 Subject to the limits of liability at clauses 13.1, 13.2, 13.3 & 13.4 above the liability of the Carrier in respect of claims for loss or damage to goods comprising the Consignment howsoever sustained shall in all circumstances be limited to the value of the Consignment or part-Consignment actually lost or damaged which shall be the lesser of the price paid for those goods by the Customer or the reasonable second-hand value of the goods actually lost or damaged taking into account fair wear and tear and reasonable depreciation applicable to them but, in any event, not less than 25% annual depreciation. For the avoidance of doubt, the liability of the Carrier does not extend to the replacement value of the Consignment or part-Consignment actually lost or damaged.
13.6 If delivery has been carried out by a subcontractor. ADW Team Ltd T/A Sameday Delivery will place a claim on behalf of the Customer to the Carrier who shall pay compensation to the Customer for loss of or damage to a Consignment.
13.7 The Carrier shall have no liability to the Customer for any loss or damage of any nature including (but not limited to) loss of profit and indirect or consequential loss arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Company or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract except: – for death or personal injury resulting from the Company’s negligence; and as expressly stated in these conditions.
13.8 The Carrier shall be entitled to receive written proof of the value of the Consignment damaged or lost and shall be afforded by the Customer a reasonable opportunity to inspect the Consignment when delivery has been effected to the Consignee.
13.9 The Carrier shall only be liable for loss or damage to the Consignment if the recipient signs the delivering driver’s paperwork or personal data terminal (PDT) with written comment stating “missing goods” or “damaged” if that is the case, otherwise it will be considered that the Consignment has been delivered complete and in good condition.
- Time Limits for Claims
All claims must be notified by 7 days after delivery of the shipment or within 7 days of the date the shipment should have been delivered. The requested supporting documentation must then be received at the Carriers email address being firstname.lastname@example.org within 21 days after the commencement of transit as determined above.
15.1 The information provided on the Website has not been written to meet specific Customer’s requirements and it is the sole responsibility of the Customer to satisfy itself that the service ordered via an on-line Booking will be suitable for its requirements.
15.2 Whilst the Carrier makes all reasonable attempts to exclude viruses from the Website, it cannot ensure that the Website will be virus free.
15.3 The Website which is www.samedaydelivery.city
- Indemnity to the Carrier
16.1 The Customer shall indemnify the Carrier against:
16.1.1 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 Customer 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;
16.1.2 All claims and demands whatsoever by whomsoever made in excess of the liability of the Carrier under these Terms and Conditions;
16.1.3 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 Customer as such;
16.1.4 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.
The Carrier shall have a general lien against the Customer, where the Customer is the owner of the Consignment, for any monies whatever due from the Customer to the Carrier. If such a lien is not satisfied within a reasonable time, the Carrier may at its absolute discretion sell the Consignment or part thereof, as agent for the Customer and apply the proceeds towards monies due and the expenses of the retention, insurance and sale of the Consignment and shall, while accounting to the Customer for any balance remaining, be discharged from all liability whatsoever in respect of the Consignment. Where the Customer is not the owner of the Consignment, the Carrier shall have a particular lien against the said owner, allowing the Carrier to retain possession, but not dispose of, the goods against monies due from the Customer in respect of the Consignment.
- Unreasonable Detention
The Customer 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.
- Impossibility of Performance
The Carrier shall be relieved of its obligation to perform a Contract to the extent that performance is prevented by the failure of the Customer, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of the Carrier.
- Computation of Time
In the computation of time, where any period of days provided by these Terms and Conditions is 7 days or less, Saturdays, Sundays and all Bank/Public Holidays shall be excluded.
- Governing Law and Jurisdiction
These Terms and Conditions and all Contracts shall be governed by and construed in accordance with the Laws in England and any proceedings in relation thereto shall be subject to the exclusive jurisdiction of the English Courts.
In the event of a dispute the contracting parties may agree to seek arbitration.
Waiting Time & Cancellation Charge will be applied accordingly.
Minimum Cancellation Charge after Booking has been placed £25
Cancellation After arrival at collection point 50 % of invoice or £25 whichever is greater.
First 15 minutes free for loading. After which following waiting time charges will apply
£15 per hour for small van
£25 per hour for larger vans which includes transit vans upto XLWB up to 4.3m.
Waiting time for Heavy good vehicles will be decided by the carrier.
Next Day service Terms & Conditions
Please read these Terms and Conditions very carefully and particularly clauses 3.2, 6, 9, and 12 which set out the extent of our liability under these Terms and Conditions and provide for an indemnity by you in certain circumstances.
Please note that certain items are Prohibited Items and cannot be sent by any of our partners Services. Please check your item against the Prohibited Item list here: https://www.parcel2go.com/shipping-items.aspx#prohib. We reserve the right to deal with any Prohibited Items at our sole discretion without being liable in any way to you or the recipient of the Consignment containing the Prohibited Item(s). For the avoidance of doubt, this means that if these items are carried, they are carried without Parcel Protection for damage or loss, regardless of whether Parcel Protection is taken out. We have the right to dispose of any Prohibited Items, in whole or in part, as we decide and reserve the right to charge you for any reasonable costs we incur in doing so.
Certain other items are carried without Parcel Protection for damage and at your risk, regardless of whether Parcel Protection is taken out. We do not accept any liability for damage to or made by these items caused through the use of our Service (the No Protection Items). Please check your item against the No Protection items list here: http://www.parceltogo.com/shipping-items.aspx#unins. For further details, you must read clause 6.11.
Certain other items require more detail from you before they can be sent using our Service. Please check your item against the more information required list here: http://www.parcel2go.com.uk/shipping-items.aspx#moreinf.
Standard Terms of Contract
In these Terms and Conditions, where the following terms are used, they shall have the following meanings:
“Agreement” means these Terms and Conditions together with the Service Order.
“Collection Point” means the address at which a Consignment is received or collected by us.
“Consignment” means any item(s) which are, may be, or are intended to be, received by us from any sender at an address for us to carry and deliver to any recipient at any other address.
“Damaged Consignment” means a Consignment that is no longer in the condition in which it was received by us, or which is or becomes a health and safety risk.
“Delivery Point” means the address to which a Consignment is delivered by us.
“Excepted Risks” means:
(i) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection;
(ii) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
(iii) radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same;
(iv) pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or faster; and/or
(v) the absence, failure or inadequacy of the packing or packaging used for a Consignment.
“No Protection Item” means a Consignment that is carried without Parcel Protection for damage or loss and at your risk.
“Out of Gauge” means a Consignment which is outside of the weight and dimension ranges that we carry on a particular Service.
“Prohibited Item” means any item which cannot be carried on any Service.
“Purchase” means when you accept the Service Order.
“Returned to Sender” a Consignment may be returned to sender (i.e. to us) if the recipient sends it back to us and:
(i) you do not accept receipt of that Consignment;
(iii) you do not pay any outstanding charges; and/or
(iii) if the Consignment is delivered and is Out of Gauge, for which you nor the recipient pay the underpayment.
If your parcel is returned to samedaydelivery.city due to us being unable to deliver your consignment we will endeavor to make reasonable efforts to contact you to arrange the return of your parcel.
samedaydelivery.city reserve the right to charge for this return. If we are unsuccessful in our attempts to contact you regarding the return we will make arrangements to dispose of your consignment three months after contacting you.
“Service” means the service and carriage of a Consignment by us in accordance with the Service Order.
“Service Order” means the summary of the order, which is displayed during the ordering process, which is confirmed to you in the confirmation email that we send once we have accepted your order.
“Us, We or Our” means ADW TEAM LTD T/A samedaydelivery.city, together with its directors, employees any agents subcontractors or couriers acting on its behalf.
“You” means the customer, who is contracted with us, as set out in the Service Order.
2. Our Obligations
2.1 We will carry out the Service(s) for you whilst this Agreement is in force, in return for the payment by you to us of the price set out in the Service Order and in accordance with these Terms and Conditions.
2.2 We have the right to make any changes to the Service(s) which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Service(s) and we shall notify you of any such changes.
2.3 We warrant that we will provide the Service(s) using reasonable care and skill.
2.4 If we do not provide the Service(s) with reasonable care and skill, you may require us to repeat or fix the Service(s) or, if that is not possible or not done in a reasonable time, obtain a reasonable reduction in the price from us.
3. Loading and Unloading
3.1 If collection or delivery of a Consignment takes place at your premises, we shall not be under any obligation to provide any equipment or labour which, apart from the driver collecting the Consignment, may be required for loading or unloading of a Consignment.
3.2 Any Consignment (or part of a Consignment) requiring any special equipment for loading and unloading shall be accepted by us for transportation only on the understanding and condition that such special equipment will be made available at the Collection Point and the Delivery Point as required. Where such equipment is not available and if we agree to load or unload the Consignment (or part of the Consignment), we shall be under no liability or obligation of any kind to you for any damage caused (however it may be caused) during the loading or unloading of the Consignment. This includes any damage caused whether or not by our negligence and you shall agree to indemnify and hold us harmless against any claim or demand from any person arising out of our agreeing to load or unload the Consignment in these circumstances.
4. Collection and Deliveries
4.1 We will make one attempt to deliver a Consignment during normal working hours. If we cannot obtain a delivery receipt at the Delivery Point, you agree that we shall be authorised to attempt to:
(a) deliver the Consignment to, or obtain a delivery receipt from, an alternative address close to the Delivery Point; or
(b) deliver the Consignment to a safe location at the Delivery Point,
and (if successful) we agree that we will leave at the Delivery Point details of the address or safe location to which we have delivered the Consignment.
4.2 If we are unable to deliver to the Delivery Point, a nearby address or a safe location, we shall return the Consignment to our premises and leave a request for the recipient of the Consignment to contact us to make alternative delivery arrangements to the Delivery Point. If the recipient does not contact us to arrange the alternative delivery within 7 days, we will return the Consignment to you at your cost (such cost to be discharged before delivery to you).
4.3 If we consider that the Consignment has become a Damaged Consignment and cannot be delivered because it is or in our reasonable opinion is likely to be unsafe, hazardous or harmful, we reserve the right to dispose of the Damaged Consignment immediately.
You agree that we may use another carrier in order to support our provision of the Services to you (this will be at our own expense) and you agree that both we and such other carriers shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.
6. Our Liability
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
6.1 Where you deal with us as a consumer, nothing within these Terms and Conditions shall be deemed to affect your rights under the Consumer Rights Act 2015. For the avoidance of any doubt, when you deal with us as a business, the Unfair Contract Terms Act 1977 is hereby excluded to the fullest extent legally possible and you are further referred to additional terms relating to business clients set out below.
6.2 Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
6.3 As a responsible business, we will perform the Service(s) in a professional manner with the appropriate level of skill and care. However, loss of or damage to a Consignment may still occur as a consequence of our handling of it and, in such circumstances, our liability shall be limited as set out in these Terms and Conditions. The reasoning behind such limitation of our liability is as follows:
(a) the value of a Consignment and the amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which we can easily ascertain but is something which is better known to you. In many cases, it cannot be known to us at all and can only be known to you;
(b) the potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that we could reasonably be expected to charge you for providing the Service(s) under this Agreement;
(c) it is not possible for us to obtain protection which would give unlimited protection for our full potential liability to all of our customers and, even if it were, such protection would be much cheaper if taken out by you (rather than us taking out such protection and passing the cost on to you) and, on that basis, it is more reasonable for you to take out such protection from an independent third party. Please note that you are also able to purchase Parcel Protection from us for your Consignment during the ordering process;
(d) we wish to keep the costs of providing the Service(s) to you as low as possible;
(e) in light of the above, we wish to limit our liability for any damage or loss caused to you to a level which we consider reasonable to our low charges for providing the Services;
(f) in these Terms and Conditions, damage to you means any damage suffered by you (including any loss of, or damage to, a Consignment and any other loss, whether or not known to you or us or in either of our contemplation at the time of entering into this Agreement), however it arises but only so long as it is caused by our negligence, breach of duty or other wrongful act or omission (which includes any deliberately wrongful act or omission) and any breach of any terms of this Agreement, or any terms which are implied by statute (where applicable); and
(g) we investigate all claims received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and, on that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be performed fairly.
The Extent of our Liability
6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7.
6.5 We shall not be liable to you under any circumstances for:
(a) any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill); or
(b) any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.
6.6 We shall not be liable to you:
(a) under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and/or weights and the actual dimensions and/or weights;
(b) for any damage caused by our negligence, breach of duty, or other wrongful act or omission, which you have, or you have arranged to be, repaired, unless it is agreed by us that the repair work is to be carried out and that a repairer approved by us undertakes this work; or
(c) in any circumstances in respect of the items on the Prohibited Items; Damage to Items Protected for Loss Only; or for loss of or damage to the No Protection Items lists, unless otherwise stated by us.
The Limitation on the Amount of our Liability
6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased Parcel Protection for your Consignment from us.
For the avoidance of doubt, this includes any Parcel Protection that you may require in respect of any items listed on the “Items Protected for Loss Only” and “No Protection Items” lists. No level of Parcel Protection that you purchase from us will render allowable any item which is on the “Prohibited Items” list.
Where you purchase Parcel Protection for your Consignment from us, our liability to you is limited to the lesser of: (i) the value of the Parcel Protection taken out; or (ii) the actual value of the Consignment at the date of loss or damage (as applicable). Where you do not purchase Parcel Protection, you confirm that you accept the risks of not doing so.
Please note that if you purchase Parcel Protection for loss only, you will not be protected, and we shall not be liable, for any losses that you suffer due to any damage caused to the Consignment other than for up to the cost that you have paid for the Service(s) in circumstances where such damage is caused by our negligence, breach of duty or other wrongful act or omission, and subject to the limitations set out within this clause 6 and clause 7.
Irrespective of the type of Parcel Protection ((i) loss only; or (ii) loss or damage) that you purchase, we will not be liable to repay you the market value of the Consignment as at the time it was purchased by you. Consignments by their nature are subject to depreciation. You must take out a “new for old” compensation policy should you wish to be compensated in this way.
6.8 In order to ascertain the extent of our liability above, we shall require proof of the value and weight of the entire Consignment and any constituent part or parts and you must ensure that, prior to our collection of the Consignment, you have a record of these. For the avoidance of any doubt, and without affecting clause 6.5, we shall only be liable for the replacement value of the Consignment and not for any sums that would amount to profit on the Consignment or applicable value added tax (or like tax) on such profit.
6.9 If a claim arises as a result of damage to the whole or part of a Consignment and if we settle the claim for a sum equal to or greater than the value of the Consignment (in circumstances where you have purchased Parcel Protection for loss or damage), then we shall be entitled to claim ownership of the Consignment and deal with it as we see fit. For the avoidance of any doubt, we shall be responsible for the cost of recovery of the Consignment.
6.10 If you wish to combine a number of discrete packages within a Consignment, you must do this within an outer box or packaging fully encompassing each discrete package. If you do not do this and any individual discrete package(s) come apart in transit resulting in one or more of them being lost, then once the remaining parcel(s) are signed for by the recipient, you accept that you cannot make a claim for loss or partial loss of the Consignment.
No Protection Items and Items Protected for Loss Only
6.11 Certain items are carried without Parcel Protection for damage or loss and at your own risk regardless of whether you have purchased Parcel Protection. A list of these items can be found at: http://www.parcel2go.com/shipping-items.aspx#unins.
We do not accept any liability for damage to or damage caused by any of the items on these lists, whatsoever and howsoever damage is caused, whether in contract, breach of statutory duty, tort (including negligence) or otherwise.
For the avoidance of doubt, if you purchase Parcel Protection for the items on the “Items Protected for Loss Only” list, they will be carried with Parcel Protection only in the event they are lost by us.
6.12 We shall not, in any circumstances, be liable to you for any damage caused arising directly or indirectly as a result of any of the Excepted Risks.
6.13 If at any time we are prevented or delayed from starting, carrying out or completing any of the Services because of a strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway or any other cause beyond our control, you shall have no claim for damages against us for any loss that you may suffer as a result provided that, where the delay is caused by the mechanical breakdown of one of our vehicles, we shall use all commercially reasonable endeavours to provide a replacement vehicle with the minimum delay practicable.
6.14 We shall not in any circumstances be liable for any late delivery or missed delivery or failure to deliver caused by or contributed to by any deficient or ambiguous labelling of a Consignment and you agree to be responsible for ensuring that such labelling is clear and unambiguous.
6.15 If our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Your Default”):
(a) we shall (without limiting our other rights or remedies) have the right to suspend performance of the Service(s) until you remedy Your Default and, and we shall have the right to rely on Your Default if Your Default prevents or delays our performance of any of our obligations;
(b) we shall not be liable for any costs or losses that you may suffer that arise directly or indirectly from our failure or delay to perform any of our obligations; and
(c) you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from Your Default.
7. International Carriage
7.1 If we are requested to collect from, or deliver a Consignment to, a country outside of the United Kingdom, our terms of liability (subject to clause 7.2 below) shall be governed by the relevant provisions of the Convention on the Contract for International Carriage of Goods by Road, as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as amended) (“the CMR Regulations”) and, in particular, articles 17 onwards and those provisions shall be deemed to be incorporated into this Agreement and will apply in place of any inconsistent terms within these Terms and Conditions. We can provide a copy of these provisions if requested, but even if these are not requested, you will be deemed to have read, understood and agreed to them and their incorporation into this Agreement.
7.2 If the carriage of any Consignment occurs by air travel and involves stopping in a country other than the country of departure, then the Montreal Convention, as amended, shall be generally applicable to such part of the carriage as occurs by air and, in particular, our maximum liability in respect of loss of or damage to any such Consignment during air travel shall be limited to the amount set out in the Montreal Convention (namely £1,870 per ton of the gross weight (i.e. including any and all packaging) of the Consignment).
7.3 We shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) which are incurred through our carriage and/or delivery of any Consignment and you must satisfy yourself as to whether any of these charges will become due, and if so in what amounts, before completing an order with us. If any such charges become due as a result of our carriage and/or delivery of a Consignment on your behalf and are charged to us by any competent authority, you agree to reimburse us fully in respect of the same within 7 days of our demand.
7.4 You acknowledge and agree that all Consignments which are to be delivered to the European Union or Northern Ireland may require a commodity code to be declared within the booking process (see https://www.gov.uk/trade-tariff). The commodity code classifies goods for import and export and will enable customs authorities to determine if any taxes and/or duties are payable. If the local customs authority determines that any additional taxes or duties are payable because you have provided us with an incorrect commodity code for your Consignment, you acknowledge and agree that the customs authority will impose such taxes or duties, which the recipient of the goods will be required to pay. It is, therefore, your responsibility to ensure that when you place a Service Order for any Consignment which is to be delivered to the European Union or Northern Ireland, you select the correct commodity code and that is it accurate to the best of your knowledge. We accept no responsibility or liability if such additional taxes or duties are payable in such circumstances.
7.5 The provisions at clause 8.6 shall apply to this clause 7.
8. Claims and Refunds
8.1 We shall not be liable to you under any circumstances for any loss or damage unless you notify us either via our website or by written notice to The Cube, Coe Street, Bolton BL3 6BU within:
(a) 14 days of delivery of the Consignment in the case of damage to all or part of a Consignment or loss of part of a Consignment;
(b) and in all other cases (including, but not limited to, loss of the whole of a Consignment) within 28 days from when the Consignment was collected or received by us.
Making a Claim
8.2 The procedure for applying for a claim for loss, damage or part damage (a “Claim”) is as follows:
(a) log into the “My Account” section on our Website;
(b) in the “Submit a New Claim” section, please click “Create Claim”;
(c) fill in the details as indicated; and
(d) click “Submit”.
8.3 Once your Claim has been submitted to us, we will review it before deciding whether we are able to make an offer to settle your Claim.
8.4 You will be notified of our decision of whether we are able to settle your Claim or what offer we are prepared to make (“Our Offer”) in the “Your Claims” section on the “My Orders” page of “My Account”.
Accepting Our Offer for your Claim
8.5 The procedure for accepting Our Offer is as follows:
(a) log into “My Account”;
(b) click “Accept Offer”;
(c) choose one of the 2 payment options; and
(d) insert the account details for the account you wish Our Offer to be paid into. It is your responsibility to provide the correct account details into the boxes provided. Please note that we will not be liable for any incorrect details which are provided by you. For the avoidance of doubt, we will not be obliged to make any further payments to you in the event that you have provided incorrect account details. Furthermore, we are not obliged to reverse any payments we may make to incorrect accounts as a result of you providing incorrect details.
Requesting a Refund
8.6 The procedure for requesting a refund is as follows:
(i) on our website, go to the Our Live Help Desk section;
(ii) enter your samedaydelivery.city reference number;
(iii) if your claim is in connection with a Service failure, please provide your parcel tracking number; and
(iv) alternatively, you can submit your request for a refund in writing to us.
8.7 Refunds may be given at our discretion and in accordance with the Service definitions made available to you at the time of payment.
8.8 Should a refund be appropriate, it shall be made back to the payment method originally used to book the transaction or into a prepay account with us.
8.9 Refunds can only be processed to the contracted party who booked the order.
8.10 Refunds will not be offered for consequential loss.
8.11 Refunds must be requested within 28 days from the date the order was placed.
8.12 We will not provide any refund or reduction of charges if we receive less than the number of parcels for which you have contracted.
Consignments Returned to Sender
8.13 If a Consignment is Returned to Sender, we shall give you 14 days in which to collect the Consignment, failing which we reserve the right to dispose of it. We shall not be liable to you under any circumstances for any loss caused by us exercising this right and you failing to collect the Consignment in the timescales specified.
9. Your Indemnity
9.1 We shall assume, for the purposes of this Agreement, that you are the sole owner of every item dispatched in the Consignment but, if any other person makes a claim against us for loss of or damage to any such items beyond our liability to you, then you agree that you shall indemnify us against any losses or liabilities that we suffer through that claim (including all legal costs and expenses) and you agree that we shall have no liability to you in these circumstances, regardless of whether such claims exceed any limitations of liability set out in this Agreement.
9.2 You agree to indemnify us against any losses or liabilities that we may suffer through the loss of, or inability to deliver, a Consignment caused by deficient or ambiguous labelling of such Consignment.
9.3 You agree to indemnify us against any losses or liabilities that we may suffer through a breach by you of any of your obligations set out in clause 11.
10.1 If you are a business customer with a business account then:
(a) you shall make payment to us within 7 days of the relevant invoice being issued to you, such invoice to be issued monthly in arrears;
(b) without limiting any other right or remedy of ours, if you (as a business customer only) fail to make any payment due to us by the due date for payment, we shall have the right to charge interest on the overdue amount at the rate of 8% per annum above the then current Bank of England’s base lending rate accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly; and
(c) you shall pay all amounts due under this Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
10.2 If you are not a business customer with a business account, you shall pay all charges applicable in respect of the Service(s) provided by us in accordance with the payment terms set out in the Service Order.
10.3 We charge for our Service(s) based on the dimensions and weight of each Consignment. We may check the dimensions and/or weight of each Consignment. In the event we find that the dimensions and/or weight of a Consignment have been under-declared by you , you agree:
(a) that the dimensions and/or weight that we reasonably determine may be used for the purpose of the calculation of our charges;
(b) we may charge any price difference to you in accordance with our current rates and may also charge an administration fee for correcting such underpayment/additional charge (together, “Correction Charges”);
(c) if you are a business customer with a business account, to pay the Correction Charges in accordance with clause 10.1;
(d) if you are not a business customer with a business account, to authorise us to debit the Correction Charges directly from the debit/credit card, Prepay or PayPal account that you used to make the original payment. If the Correction Charges (whether whole or part) cannot be paid by this means, the balance is due within 7 days of a relevant invoice being issued to you; and
(e) we may suspend performance of the Service(s) until the Correction Charges are received by us. If we exercise this right, we shall not be liable to you in any circumstances for any costs or losses arising directly or indirectly that you may suffer as a result and clauses 6.13 and 8.12 shall apply.
10.4 Should the provision of any Service(s) mean that we have to deliver a Consignment on a bank or other public holiday, we shall be entitled to make a reasonable extra charge for any additional costs incurred by us as a result.
10.5 All charges stated, whether by invoice or in the Service Order, shall be exclusive of any applicable value added tax, which shall be added to the total sum payable to be repaid by you.
10.6 From time to time, we may provide you with a discount code to be used with your order. You may only use a discount code once with one order.
10.7 In the event that you use the same discount code with more than one order, we may, at our absolute discretion:
(a) cease trading with you and/or your business;
(b) remove your ability to place orders with us; and/or
(c) intercept your Consignment(s) and redirect it to our depot in Manchester. An administration charge of £15.00 per Consignment is applicable, should you wish for the Consignment(s) to be re-shipped and/or collected.
10.8 We shall be entitled to exercise any possessory rights, or rights of lien (“Lien”) (including the rights to disposal of the Consignment), available to us over any Consignment in our possession against you. We have the right to enforce the above Lien notwithstanding the title of the Consignment.
11.1 At any time where we offer customers a system of payment on account with bonus credit being applied to such accounts, we shall refer to such a system as “Prepay” and the additional provisions of this clause 11 shall apply.
11.2 Your current Prepay credit and any applicable bonus credit shall be separately recorded and the total balance of these credits shall be shown in your account through our website.
11.3 When you accept the Service Order, our system will check your Prepay credit and bonus credit balance. The price set out in the Service Order shall be deducted from the balance. If such deduction would result in a negative balance, then you shall pay the difference in accordance with the provisions of clause 10 (Payment). We may set a minimum Prepay limit from time to time on any credit payments made to your Prepay account and these will be notified to you through our website (currently £20).
11.4 Any payment made on account under the Prepay system shall be deemed as a payment for Services to be ordered from us. After the initial refund period described below, our liability to you will be to provide Services to the value of the account balance. Cash balances will not be returned except in cases where you received a defective Service and requested a refund of the unused Prepay cash balance held on the account. Any such refund shall be provided subject always to the provisions of clause 6 and you complying at all times with your obligations under clause 12.
11.5 If you do not place any orders for a 6 month period, we will send an email to the address in your Account Details to remind you of your balance. This will be repeated at 12 months and 18 months. When a period of 24 months has passed with no orders placed, we will assume that your account is no longer active, the Prepay balance will expire and you shall have no further claim to such balance (including in order to pay for Services).
11.6 If you change your mind after making a payment on account, you may request a refund. The procedure for requesting a refund from your Prepay balance or otherwise is set out in clause 8 above. In such cases, the amount refunded will be the sum of the original payment less the value of any Services ordered on account.
12. Your Obligations
12.1 You agree to:
(a) ensure that the information you supply in the Service Order is complete and accurate;
(b) cooperate with us in all matters relating to our provision of the Service(s);
(c) provide us with access to your premises, office accommodation and other facilities as reasonably required by us if any of these are to be the Collection Point or Delivery Point and be responsible for ensuring that the premises are free of hazardous materials and do not pose a health and safety risk to us; and
(d) provide us with such information and materials as we may reasonably require in order to supply the Service(s) and ensure that such information is accurate in all material respects.
12.2 You agree that we shall not be required, and that you shall not cause us, to carry anything if it would be illegal or unlawful for us to do so (either in the UK or any country to which a Consignment is to be delivered). You agree that should you do this, you will indemnify us against any losses and/or damage that we may suffer as a consequence.
12.3 We will not, without specific separate written agreement, carry: livestock; liquids; perishable goods; gases; pyrotechnics; arms; ammunition; corrosive; toxic; flammable; explosive; oxidising or radioactive materials. In addition, we will not carry any items which are on our Prohibited Item list.
12.4 We reserve the right to refuse to carry any parcels which are neither the property of, nor sent on behalf of, you.
12.5 You understand that:
(a) all Consignments shall be accepted at the Delivery Point and that the recipient shall give our driver an appropriate receipt and you agree that this receipt shall be conclusive evidence of delivery of the Consignment by us. This clause 12.5(a) shall not apply where such receipt is obtained as a result of fraud, collusion or dishonesty on the part of our driver; and
(b) if there is a strike by any employees of yours, or the employees of any person receiving delivery, then you agree that our representative shall not be asked to perform any additional duties or any duties of a strike-breaking nature.
13. Right to Cancel
13.1 Subject to clauses 13.2 to 13.5, if you are a consumer, you have a statutory right to cancel the Service(s) within 14 days and receive a full refund.
13.2 Once we have completed the Service(s), you have lost your statutory right to cancel the Service(s) and receive a refund, even if the 14 day period is still running.
13.3 If you cancel the Service(s) after we have started performing them, you must pay us for the Service(s) provided up until the time that you tell us you have changed your mind.
13.4 If you want to cancel the Service(s) in accordance with this clause 13, please let us know by doing one of the following:
13.5 If you cancel the Service(s) in accordance with this clause 13, you will be responsible for collecting the Consignment from us or paying our reasonable costs of returning it to you.
13.6 If you cancel the Service(s) after printing any postage/courier label that we may supply to you, you shall not use that label for any purpose other than secure disposal. In the event that the postage/courier label is used in respect of any Consignment, you agree to us automatically deducting any sums owed for the delivery of our Service(s) from you via your payment method.
14. Nature of Agreement
This Agreement, the CMR Regulations and the Montreal Convention (so far as they are applicable) shall constitute the entire contract between us and you and the contract shall not incorporate, or be deemed to incorporate any provisions of any other documents. In addition, this contract and the documents referred to above shall supersede any previous contract, warranty or representation made or given by us relating to the Service(s) set out in the Service Order.
No variation, amendment or cancellation of this Agreement (other than the Service Order) shall be binding upon us unless and until it is confirmed in writing by a director of us and, for the avoidance of any doubt, it is declared that no person other than a director has authority to negotiate or enter into any commitment on behalf of us which would or might (but for this clause) involve us in any legal liability whatsoever.
16.1 This Agreement may be terminated by either party giving to the other no less than one month’s written notice of its desire to terminate this Agreement.
16.2 This Agreement may also be terminated immediately if the other party breaches any of its obligations under this Agreement or (in the case of an individual) becomes bankrupt or (in the case of a company) goes into liquidation other than for the purposes of reconstruction or amalgamation, or has an administrator or receiver appointed over any of its or his property or income or make any deed or arrangements with or for the benefit of his or its creditors.
16.3 On termination of this Agreement for any reason:
(a) you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Service(s) supplied where the Consignment has been delivered but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
(b) in respect of a Consignment which has already been paid for and which has been received but not yet delivered, then we shall deliver such Consignment in accordance with these Terms and Conditions;
(c) in respect of a Consignment which has not been paid for but which we have received but not delivered, we shall return the Consignment to you;
(d) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination or expiry; and
(e) clauses which expressly or by implication have effect after termination or expiry shall continue in full force and effect.
17. Applicable Law
17.1 This Agreement and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
17.2 You irrevocably agree, for our sole benefit that, subject as provided below, the courts of England shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual claims). Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions prevent us from taking proceedings in any other jurisdictions, whether at the same time or not, to the extent permitted by the law of that other jurisdiction.
18.1 samedaydelivery.city has the right to charge its customers a £20 fee for the cancellation of their Pallet collection.
18.2 This charge will only be applied if the booking has already been processed with the chosen Pallet provider.Sameday Delivery