Standard Terms of Contract 1. Definitions In these Terms and Conditions where the following terms are used, they shall have the following meanings: (a) “Consignment” means any item(s) of any sort which are, may be, or are intended to be, received by us from any one sender at an address for us to carry and deliver to any recipient at any other address.. (b) “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. (c) “No Compensation Items” means items that are carried without compensation cover for damage and at your risk. (d) “Out of Gauge” a Consignment is deemed Out of Gauge if it is outside of the weight and dimensions that we carry on a particular service. (e) “Prohibited Items” means cannot be carried on any Service. (f) “Purchased” means when you accept the Service Order.. (g) “The Collection Point” means the address at which a Consignment is received or collected by us. (h) “The Delivery Point” means the address to which any Consignment is delivered by us. (i) “The 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, and/or (ii) “Ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, and/or (iii) radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same, and/or (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. (j) “The Service Order” means the summary of the order displayed during the ordering process which is confirmed to you in the confirmation e-mail that is sent once acceptance of the order has occurred. (k) “This Agreement” means these terms and conditions, together with the Service Order. (l) “Us, We or Our” means Limited, together with its directors, employees any agents subcontractors or couriers acting on its behalf. (n) “Returned to Sender” A Consignment may be returned to sender (i.e. to us) if the recipient sends it back to us and you:- (i) Do not accept receipt of that item; (iii) Do not pay any outstanding charges; and/or (iii) if the item is delivered and is an Out of Gauge item for which you nor the recipient pay the underpayment . (o) “Service” means the service and carriage of a Consignment by us in accordance with the particulars set out in the Service Order. 2. Our Obligations 2. 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 the terms of this Agreement. 2.2 We shall 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 the Service(s) will be provided using reasonable care and skill. 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. 5. Sub-Contractors 5.1 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 this other carrier 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 Unfair Contract Terms Act 1977. 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; (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, 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.