Terms and Conditions of Carriage

Updated April 2008

These terms and conditions apply to all contracts between Paisley Freight Services (hereinafter referred to as the "Carrier") and customers (business and consumer customers) for delivery and/or collection services from the Carrier or its authorised agents, franchisees and/or subcontractors (the "Services"). By placing an order (and each successive order) which is accepted by the Carrier for Services, you are agreeing to comply with all of the provisions contained within these Conditions which apply to Customers, and you acknowledge that you are entering into a Contract governed by these Conditions.

Section A of the Conditions has an important notice.

SECTION A: IMPORTANT NOTICE

 

SECTION B: CONDITIONS OF CARRIAGE

1. DEFINITIONS & INTERPRETATION

1.1 In these Conditions the following expressions have the following meaning:
"Consignment" means one or more goods or products contained in one or more packages, in all cases sent/collected, or to be sent or collected, at one time in one load using the Carrier's service at the request of the Customer;
"Contract" means the contract for Services between the Customer and the Carrier;
"Customer" means a business customer or a consumer customer;
"Dangerous Goods" means goods which are specified in the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 or the Technical Instructions for the Safe Transport of Dangerous Goods by Air of the International Civil Aviation Organisation or which although not specified therein are of a similar nature; together with those which are classified as dangerous goods for the purposes of transportation, by law; together with any other goods specified by the Carrier from time to time in its user guides or any other publication issued by the Carrier, as being hazardous or dangerous;
"Domestic Order" means a Consignment which is to be collected from, or delivered to, a location within mainland UK (consisting of: England, Scotland, Wales and Northern Ireland) by the Carrier.
"International Order" means a Consignment which is to be collected from, or delivered to, a location outside of mainland UK (consisting of: England, Scotland and Wales and Northern Ireland), by the Carrier.

1.2 The headings contained in these Conditions are for convenience of reference only and shall not affect the interpretation of the Conditions.

1.3 For the purposes of a specific Contract with a Customer, the "Conditions" include for that particular Contract, such terms and conditions as are documented and signed as being accepted by the Carrier on the Carrier's variation form for that particular Customer.

1.4 Words indicating the singular shall include the plural and vice versa. Words indicating a gender shall include each gender.

1.5 The words and phrases "including" and "in particular" shall be without limitation to the generality of any preceding words and any preceding words shall not be construed as being limited to a particular class where a wider interpretation of those words and phrases is possible.

1.6 References to any statute or statutory provision shall include: (i) any subordinate legislation made under it; and (ii) any provision which subsequently supersedes it or re-enacts it (whether with or without modification).

1.7 Any contract for Services entered into by the Customer with the Carrier's authorised agents, franchisees and/or subcontractors (each being an for the purpose of these Conditions), is entered into by the Agent as an agent for the Carrier.

2.

2.1 The Contract is governed by these Conditions. Any terms and conditions provided by the Customer will not form part of the Contract between the parties, unless such terms and conditions are documented on the Carrier's variation form and signed as being accepted by the Carrier, prior to transportation of the Consignment commencing, in which case the provisions agreed within the Carrier's variation form will be deemed to form part of the Conditions for that particular Consignment to which they are expressed to apply.

2.2 The parties having agreed that this provision 2.2 only applies in respect of International Orders, the Carrier shall, if so required by a Customer, sign a document prepared by the Customer acknowledging collection of the Consignment by the Carrier (the ) but no such document shall be evidence of the condition, contents or of the correctness of the declared nature, quantity or weight of the Consignment at the time it is received by the Carrier. Any Receipt Document will only be valid in evidencing receipt of a package by the Carrier, and the parties agree that any other provisions contained in the Customer's document are hereby expressly excluded as not being accepted by the Carrier and are therefore null and void.

2.3 The Conditions contain the entire agreement between the Carrier and the Customer with respect to the Services and supersede all other written and oral communications between the parties relating to the Services. The express terms, conditions and warranties in these Conditions are in lieu of all warranties, conditions, terms, representations, statements, undertakings and obligations whether express or implied by statute, common law, custom, usage or otherwise all of which are hereby excluded to the fullest extent permitted by law. The parties hereby confirm that they have not relied upon any representations, communications or other matters which have not been expressly stated in these Conditions. Notwithstanding any provision to the contrary, nothing in these Conditions limits or excludes either party's liability for fraudulent misrepresentations.

2.4 The Customer is liable for all losses, damages, costs and expenses arising as a result of its failure to comply with its obligations under these Conditions or as a result of its negligence, and the Customer hereby agrees to indemnify the Carrier in full against all losses, damages, costs and expenses incurred by the Carrier as a result of such breach or of such negligence.

3.

3.1 The Customer confirms that in respect of any Contract it enters into with the Carrier:

3.1.1 it is authorised to do so; and

3.1.2 the Carrier is authorised to exercise all of its rights pursuant to these Conditions in respect of the Consignments relating to the Contract, irrespective of whether the Customer is the owner or not of the respective Consignments.

3.2 The Customer confirms that it will undertake all necessary acts to ensure that the Carrier has the benefit of the assurances provided by the Customer pursuant to Clause 3.1. The Customer also agrees to indemnify the Carrier in full against all losses and expenses which it suffers arising from any interference with the Carrier's rights by a third party owner of the Consignment.

3.3 The Carrier may subcontract any of its obligations for the purposes of fulfilling the Contract, and any such subcontractor shall also be able to sub-contract its obligations.

3.4 The Customer may not assign the Contract.

3.5 The Carrier may assign the whole or part of the Contract, including without limitation its rights and obligations.

4.

4.1 The Carrier always has a discretion not to enter into a Contract for any Consignment and may choose not to do so unless either:

4.1.1 the Customer has opened an account with the Carrier and is not in breach of any of the Conditions or credit limits applicable thereto; or

4.1.2 the Consignment is a cash transaction and the Customer is not in breach of any of the Conditions.

4.2 For cash transactions, the Customer is required to pay the Carrier on collection or acceptance of the Consignment by the Carrier unless otherwise agreed in writing by the Carrier's Finance Department. If the Customer has opened an account with the Carrier, the Carrier shall submit invoices to the Customer weekly or as otherwise agreed and the Customer shall unless otherwise agreed in writing by the Carrier's Finance Department be obliged to settle such invoices not later than fourteen days following the date of issue.

4.3 The Carrier reserves the right to charge interest at the rate of 12 per cent per annum on invoices not paid within the payment terms referred to in Clause 4.2. Interest will continue to accrue until the Customer's liability is discharged in full. This is without prejudice to the Carrier's additional rights and remedies, including without limitation the right to suspend performance of its obligations in respect of any Contracts and/or terminate any Contracts in the event that any invoice remains unpaid beyond the due date.

4.4 The Carrier's charges for Services shall be payable by the Customer without prejudice to the Carrier's rights against the consignee or any other third party. The Carrier shall only enter into a Contract with the Customer which involves accepting Consignments chargeable to a third party by prior written arrangement in which event the Customer agrees that:

4.4.1 the Customer shall not be required to pay such charges unless the respective third party fails to pay the Carrier upon demand; and

4.4.2 any rights in respect of the Contract may only be exercised by the Customer, as no third parties will have any rights pursuant to the Contract.

4.5 Unless otherwise agreed in writing by the Carrier, and subject to the other provisions of this Clause, all Consignments are charged at their actual gross weight unless a Consignment exceeds 6 cubic metres per tonne (6,000 cubic centimetres per kilo) in which case the Carrier may at its discretion calculate the charge on the basis of 6 cubic metres per tonne (6,000 cubic centimetres per kilo). All Consignments via the Carrier's Roadtrak services are charged at their actual gross weight unless a Consignment exceeds 4 cubic metres per tonne (4,000 cubic centimetres per kilo) in which case the Carrier may calculate the charge on the basis of 4 cubic metres per tonne (4,000 cubic centimetres per kilo). All Consignments via the Carrier's Palletrak services are charged at their actual gross weight unless a Consignment exceeds 3 cubic metres per tonne (3,000 cubic centimetres per kilo) in which case the Carrier may calculate the charge on the basis of 3 cubic metres per tonne (3,000 cubic centimetres per kilo). DEFINITIONS & INTERPRETATION "Consignment" Contract" "Customer" "Dangerous Goods" “Domestic Order" "International Order" "Agent" ENTIRE AGREEMENT & COMPLIANCE “Receipt Document” PARTIES AND SUBCONTRACTING CARRIER'S CHARGES "

4.6 The Customer agrees that any dispute concerning the Carrier's charges must be brought to the attention of the Carrier within 7 days of the charges being requested by the Carrier, following which the Customer confirms that it will not raise any such dispute and the charges will be deemed to be correct. The Customer also agrees that it may not withhold, or effect any set off against, any amounts due from the Customer to the Carrier.

4.7 Charges are based on existing costs of fuels, other materials, rates, wages and other expenses payable by the Carrier. If such costs vary as a result of changes in legislation or factors outside the Carrier's control, the Carrier reserves the right to vary the charges for Consignments which it has accepted from Customers immediately upon notice in accordance with such change. In all other cases, the revised charges will apply to all future orders for delivery or collection of Consignments.

4.8 The charges applicable to the Services are also based on:

4.8.1 the assurances provided by the parties to each other, and the Customer's attention is drawn to Clause 8.1;

4.8.2 the Carrier's cost of maintaining Goods in Transit Liability against certain aspects of the Services; and

4.8.3 the Carrier's limitations and exclusions of liability as set out in these Conditions.

4.9 In view of Clauses 4.7 and 4.8, the Customer agrees that the Carrier's limitations and exclusions of liability are reasonable.

4.10 The Carrier may at any time change the applicable charges for its Services before accepting a Consignment for delivery or collection (subject to the Carrier's right to change the charges after accepting a Consignment from Customers in the circumstances stated in Clause 4.7).

4.11 Any acceptance by the Carrier of payment of less than the full amount of any charges shall only be valid if agreed in writing by the Carrier's Finance Department and shall not preclude the Carrier from insisting on full payment of any other charges.

5.

5.1 All charges quoted by the Carrier exclude Value Added Tax, duties and other taxes.

5.2 If VAT, duty and/or any other tax is payable in respect of a Contract or Consignment, the Customer agrees to reimburse the Carrier immediately on demand in full for all such duties and taxes.

5.3 The Customer shall comply with all customs and export and import laws and regulations of any country, to, from, and/or through, which the Consignment shall enter, leave or pass, and the Customer shall provide all necessary, accurate and correct information and documentation required for compliance with such laws and regulations in a timely manner.

5.4 The Carrier will not be liable to the Customer for any penalties imposed or loss or damage incurred due to the Customer's goods being impounded, seized, and/or examined by customs or similar authorities, or as a result of the Customer's breach of Clause 5.3, and the Customer shall on demand indemnify the Carrier in full against all penalties, losses, damages and expenses incurred by the Carrier resulting from action taken by customs or similar authorities against the Customer's Consignment.

5.5 The Customer hereby authorises the Carrier to appoint, as the Carrier may at its sole discretion determine, any agent for the purpose of customs clearance.

5.6 The Carrier reserves the right to inspect the goods consigned by its Customers, to check that all goods: are capable of carriage to the countries within standard operating procedures; and comply with the Customer's declarations and handling methods of the Carrier. This is without prejudice to the Customer's obligation to comply with the Conditions.

6.

6.1 The Customer agrees to keep confidential all account information provided by the Carrier and/or its authorised representatives (including without limitation: account details; user names; and passwords) (collectively referred to as the “Account Details”), and to only disclose such details to the Carrier or to its authorised representatives in connection with the Services.

6.2 The Customer agrees that it is responsible and liable for all orders placed for Services, where these have been placed using its Account Details.

6.3 The Customer agrees that it will promptly inform the Carrier if it becomes aware of any unauthorised access to, or misuse of, its Account Details by a third party. In such circumstances, the Carrier may issue revised Account Details at its discretion, and the Customer agrees to pay the Carrier's £10.00 administration charge in such circumstances. Alternatively, the Carrier may refuse to provide any further Services to the Customer. This is without prejudice to the Carrier's additional rights and remedies in respect of Clauses 6.1 and 6.2.

7.

7.1 Subject to Clauses 7.3 and 7.4, where the Customer has paid a premium for Saturday delivery or for overnight timed delivery and the Carrier fails to deliver on Saturday or by the specified time, as the case may be, then the Customer shall be entitled to a refund of the difference between: (1) the total paid by the Customer; and (2) the greater of:

7.1.1 the Carrier's standard delivery charge; or

7.1.2 the delivery charge for the service actually achieved.

7.2 The Customer agrees that Clause 7.1 represents the Customer's sole and exclusive remedy in such circumstances, in view of Clause 4.8.

7.3 The money back guarantee provided for in clause 7.1 shall not apply where the Carrier's failure to deliver on Saturday or by the specified time, as the case may be, is attributable to:

7.3.1 the acts, omissions and/or negligence of the Customer;

7.3.2 the Carrier's exercise of its right of lien and/or sale as specified in Clause 19; or

7.3.3 the Carrier using, or attempting to use, the Services for any Consignments which have been prohibited by these Conditions.

7.4 Clause 7.1 only applies in respect of delivery of Consignments by the Carrier within the UK and not to International Orders. Furthermore, Clause 7.1 does not apply to any next day deliveries other than those referred to in Clause 7.1, nor in respect of collections.

7.5 Where the Carrier fails to collect the return part of the service, the Carrier's liability shall be limited to the difference between the price of the “Return Express” service and the standard “Overnight” service.

7.6 Except as provided for in this Clause 7, the Carrier shall be under no liability for delay or deviation or their consequences.

8.

8.1 The Customer confirms that each article comprised in the Consignment has been properly described to the Carrier on the Carrier's respective consignment note, and that the Consignment itself has been properly marked, addressed (including post code) and packaged to allow safe storage and transportation with ordinary care and handling. This is important because it is impracticable for the Carrier to check such matters in view of the quantity of Consignments handled by it. In the event of any misrepresentation by or on behalf of the Customer of the nature of a Consignment, including its weight or size, the Carrier shall have no liability whatsoever in respect of such Consignment and shall be entitled to require the Customer at the Customer's own expense to collect such Consignment from the Carrier's premises. At its discretion the Carrier may opt to provide its Services in respect of such a Consignment but at an appropriate increased cost to the Customer which the Customer shall pay and the Carrier shall be entitled to re-charge the Customer's credit or debit card accordingly.

8.2 The Customer agrees to address and label the Consignment using the Carrier's labels in accordance with the Carrier's requirements, and complete the Carrier's Consignment note containing such particulars as the Carrier may reasonably request.

8.3 Unless otherwise agreed in writing by the Carrier, the Customer confirms that it will not use the Services for any individual package which exceeds 35kgs (or in respect of International Orders, an individual package can not exceed 30kg) in weight and/or 1.5 metres in length and/or 2 metres combined length plus width plus depth.

8.4 The Customer acknowledges that if it fails to comply with Clauses 8 and/or 9, then (without prejudice to the Carrier's additional rights and remedies) the Carrier may invoke any or all of the following provisions:

8.4.1 the Carrier may refuse to perform the Services in respect of that package and/or associated Consignment; and/or

8.4.2 the Customer will be required to collect the package and/or associated Consignment from the Carrier's or one of its authorised representatives' depots at the Customer's cost; and/or

8.4.3 the Customer agrees to reimburse the Carrier for all costs, expenses and reasonable charges that the Carrier has incurred in respect of that package and/or associated Consignment.

9.

9.1 The Customer agrees that it shall not use the Services for transportation of any illegal materials.

9.2 The Customer agrees that it shall not use the Services for transportation of Dangerous Goods except with the express prior written consent of the Carrier. If the Carrier agrees to perform the Services in respect of Dangerous Goods for the Customer, then the Customer agrees to ensure that such goods are accompanied by a full declaration of their nature and contents and are properly and safely packed in accordance with all statutory regulations for the time being in force in relation to all such goods and/or their transportation.

9.3 Where goods are known not to be dangerous but are properly described in terms ordinarily capable of being applied to Dangerous Goods (which, for example, include, without limitation, batteries, chemicals, instruments, pharmaceuticals), the Customer shall include the words: “not classified as dangerous or hazardous goods for the purpose of any regulation” on the Carrier's consignment note immediately following the description of such goods.

9.4 The Customer shall indemnify the Carrier in full against all costs, losses, damages, claims, expenses and other liability whatsoever arising out of the nature of any Dangerous Goods (whether declared as such or not) save insofar as the same arise out of the Carrier's own negligence.

9.5 The Customer must not seek to use the Services in respect of Restricted Goods. These are goods which by their nature are subject to a significantly greater risk of loss or damage than other goods and include goods which are thief attractive, fragile, perishable or inherently defective. The following are examples of Restricted Goods: stamps, bonds, bullion, deeds, treasury notes, travellers cheques, credit cards, vouchers, bills of exchange, promissory notes, money of every description, other currency and/or property of a similar nature; and living creatures (other than pigeons accepted by the carrier for carriage).

9.6 The Customer acknowledges that it may not use the Services in respect of the transportation of any animals other than pigeons (provided that such pigeons are not to be transported to, or from, outside of mainland UK (consisting of England, Scotland and Wales).

9.7 The Customer confirms all of the following, by using the Service for the transportation of pigeons:

9.7.1 the pigeons are fit to travel and free of infectious disease;

9.7.2 the box provided by the sender is suitable for the species and not overcrowded;

9.7.3 the pigeons do not require the Carrier to provide food or water or any other attention whilst in transit;

9.7.4 the pigeons are not a prohibited or protected species;

9.7.5 the consignee will be available to receive and sign for the Consignment containing the pigeons the next day; and

9.7.6 the pigeons may be transported in ambient temperatures and that no special arrangements for heating or cooling are required. VALUE ADDED TAX, TAXES, DUTIES & CUSTOMS ACCOUNT DETAILS MONEY BACK GUARANTEE PACKAGING, LABELLING, SIZE DANGEROUS GOODS, RESTRICTED GOODS, TRANSPORTATION OF ANIMALS Dangerous Goods Restricted Goods Transportation of Animals

10.

10.1 The Customer agrees that it is its responsibility to ensure in respect of the collection and destination place for the respective Consignment (except to the extent that such collection or destination place is at the Carrier's or the Carrier's authorised representative's premises):

10.1.1 there is reasonable access and parking available;

10.1.2 there is an authorised representative who can provide the Consignment for collection and/or accept the delivery of the Consignment; and

10.1.3 there is appropriate equipment, power, materials and labour to load the Consignment on to, and/or unload the Consignment from, the Carrier's vehicle.

11.

11.1 Risk of damage or loss in transit will be assumed by the Carrier when the Consignment is put into the physical possession of the Carrier together with the required documents (as determined by the Carrier from time to time) correctly completed by the Customer, whether at the point of collection or (as the case may be) at the Carrier's premises.

11.2 Subject to the other provisions in these Conditions, risk of damage or loss in transit shall be the Customer's sole responsibility and liability when: LOADING AND UNLOADING RISK

11.2.1 the Consignment is tendered at the specified place of delivery within the Carrier's normal delivery hours or at such other times as may be agreed between the Carrier and the Customer; or

11.2.2 the Consignment would have been tendered at the specified place of delivery within the Carrier's normal delivery hours or at such other times as may be agreed between the Carrier and the Customer had the Customer complied with its obligations to ensure that the Consignment could have been delivered.

11.3 When the Consignment is to be kept at the Carrier's premises for collection, the Consignment will cease to be at the Carrier's risk in respect of loss or damage one day after notification by the Carrier to the consignee that the Consignment is available for collection.

12.

12.1 Unless otherwise agreed in writing, the method and route of transit, and the choice of customs clearance agent, shall be at the absolute and sole discretion of the Carrier.

13.

13.1 The Customer shall be liable to the Carrier for all costs, damages and expenses suffered by the Carrier in respect of unreasonable, abnormal or unusual detention of the Carrier's vehicles, containers, personnel and/or equipment which arise as a result of the nature, state, or packaging of the Consignment.

13.2 In addition to Clause 13.1, time required to be spent by the Carrier's personnel at either the point of collection or point of delivery of the Consignment in excess of one quarter of an hour shall, at the discretion of the Carrier, be subject to the Customer paying an additional charge calculated at the Carrier's hourly rate levied for the operation of that particular vehicle, container, equipment and/or personnel involved.

14.

14.1 Unless otherwise agreed in writing, the Carrier will hold any undelivered, uncollected or unclaimed Consignments at its premises subject to it normal warehousing charges prevailing at the time and subject always to the Carrier's right of sale and lien provided for in Clause 19. Such charges will not apply if the reason for the Consignments not being delivered or collected is due to the default or negligence of the Carrier, provided that the Customer acts reasonably in having such Consignments re-delivered or collected.

14.2 If any undelivered, uncollected or unclaimed Consignment is not collected from the Carrier's premises by the Customer or consignee within 7 days of a notice by the Carrier to the Customer, then the Carrier may dispose of or sell such Consignment without any liability to the Customer (including without limitation any liability to account to the Customer for any proceeds from the sale of the Consignment). Such disposal or sale shall be without prejudice to the Carrier's additional rights and remedies.

14.3 All charges relating to the return of a Consignment to its origin, when requested by the Customer and agreed by the Carrier, shall be payable by the Customer.

15.

15.1 Where any period of seven days or less provided by these Clauses is computed, Sundays, Bank and Public holidays, and other Statutory holidays will be excluded from such calculation.

15.2 Where the Carrier has agreed with the Customer that it shall deliver the Consignment within an agreed number of days, the agreed number of days shall be deemed to be exclusive of:

15.2.1 Saturday and Sunday;

15.2.2 any day which is a Bank, Public or Statutory holiday in the country in which the Carrier receives the Consignment, together with any such day in the country of destination for the Consignment; and

15.2.3 any day in which banks are generally closed for business in the country in which the Carrier receives the Consignment, together with any such day in the country of destination for the Consignment.

16.

16.1 Any delivery/collection time and date given by the Carrier shall be an estimated date and time only, and therefore time is not of the essence. However, the Carrier shall use reasonable endeavours to comply with such

16.2 The Carrier shall not be liable for the condition of the Consignment, nor its failure to comply with its obligations, caused through circumstances which the Carrier could not reasonably avoid and the consequences of which it was unable reasonably to prevent and/or:

16.2.1 any event outside the reasonable control of the Carrier affecting its ability to perform any of its obligations, including without limitation: fire; flood; lightning; war; revolution; terrorism; riot; strike; lock-out or other industrial action; failure or unavailability of supplies of power, fuel, transport, equipment, raw materials or other goods or services; seizure, damage, confiscation, requisition or destruction under legal process, or pursuant to the order of any governmental body, local authority, or other public body;

16.2.2 any act or omission of the Customer, or the owner of the goods comprised in a Consignment (or part thereof), including without limitation their respective servants or agents, and anything done by the Carrier at the express request or direction of them;

16.2.3 inherent liability to wastage of the Consignment, either in bulk, weight or quality;

16.2.4 any latent or inherent defects or natural deterioration of the Consignment;

16.2.5 insufficient or improper inner and/or outer packaging, labelling or addressing of the Consignment;

16.2.6 electrical, magnetic or x-ray erasure or damage or other similar damage to data, software, equipment, electronic or photographic materials, images or recordings in any form; or

16.2.7 the unavailability of the Consignment at the collection address or of proper facilities for delivery at the delivery address.

17.

17.1 References to the Carrier's liability in these Conditions, mean the Carrier's liability for all losses, claims, costs, damages and expenses, whether arising in contract, tort (including, without limitation, negligence) statute or otherwise.

17.2 The following are the sole and exclusive remedies of the Customer if the Carrier fails to collect or deliver a Consignment other than due to the acts, omissions and/or negligence of the Customer:

17.2.1 on dates and/or times where a surcharge has been paid for delivery by the Customer in accordance with Clause 7.1, then the remedy is stated in Clause 7;

17.2.2 in all circumstances other than in respect of Clause 17.2.1, and where the Customer no longer wishes the Carrier to collect or deliver the Consignment (and the Consignment has not been collected or delivered, or is not in transit), then the Customer may cancel the Contract in respect of such Consignment and obtain a refund of the amount which it paid for the cancelled service;

17.2.3 in all circumstances other than in respect of Clauses 17.2.1 and 17.2.2, the Carrier will arrange to re-deliver or re-collect the Consignment as soon as reasonably possible, unless the Consignment has been lost or damaged, in which case Clause 17.3 applies.

17.3 For Domestic Orders, subject to Clause 7 and the other provisions of Clause 17, the aggregate liability of the Carrier to the Customer in respect of each Consignment is as follows: ROUTE UNREASONABLE DETENTION UNDELIVERED OR UNCLAIMED ITEMS COMPUTATION OF TIME TIMING & FORCE MAJEURE LIMITATIONS AND EXCLUSIONS OF LIABILITY

17.4 For all International Orders, the Carrier's liability is as follows.

17.4.1 Airtrak – if the Carrier has the status of a carrier by air in respect of carriage to which the Warsaw Convention (as amended) applies, the Carrier's liability shall be governed by the Convention; failing which the Carrier's liability shall be governed by these Conditions of Carriage. Any air waybill issued by the Carrier shall be deemed to show a notice to the effect that: “If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of the carriers in respect of loss of or damage to cargo”.

17.4.2 Roadtrak – if the Carrier has the status of a carrier by road in respect of carriage to which the CMR Convention (as scheduled to the Carriage of Goods by Road Act 1965 as amended) applies, the Carrier's liability shall be governed by the Convention; failing which the Carrier's liability shall be governed by these Conditions of Carriage.

17.4.3 Palletrak – the Carrier's liability shall be governed by these Conditions of Carriage.

17.5 In all instances the Carrier's liability shall not exceed the actual value of the Consignment or part thereof which has been lost or damaged.

17.6 Full enhanced goods in transit cover up to a maximum of £6,000 per Consignment (or £10,000 per Consignment in respect of International Orders) can be provided by the Carrier on Consignments with a gross weight of less than 500 kilos where such cover is specifically requested by the Customer on the Consignment note. The Customer will be liable to pay a supplementary charge for such cover per Consignment as detailed on the Carrier's rate schedule from time to time, and such cover will only apply if it is paid promptly by the due date. Enhanced goods in transit cover is not available to non-account holding customers or wine sent via the Winetrak service.

17.7 Notwithstanding clause 17.3, the Carrier reserves the right to apply the current replacement value to that claimed and, if lower, apply a deduction for the age and condition of the item concerned.

17.8 The Carrier does not accept any liability in respect of Restricted Goods nor in respect of any Consignments which are prohibited by these Conditions.

17.9 If the 'Unattended Delivery Service' has been agreed to be provided to the Customer by the Carrier, then this service will not provide a signed proof of delivery but will state where the goods have been left. Consequently, the Carrier shall not be liable for any loss or damage to goods which arises after the Consignment has been delivered and/or left in accordance with the Unattended Delivery Service special instructions.

17.10 Subject to Clause 7, the aggregate liability of the Carrier in respect of each pigeon is limited to a maximum of £50 per pigeon.

17.11 The Customer acknowledges that it is its responsibility, and not the Carrier's responsibility, to check that the packaging will ensure the protection of the contents of the Consignment. The Customer agrees that it may not claim for any loss or damage to a Consignment, which in the Carrier's reasonable opinion, could have been prevented by the Customer using reasonable skill and care in packaging the Consignment.

17.12 As packaging is intended for the protection of the contents of Consignments, the Carrier will not be liable for any claims in respect of damage or loss to the packaging.

17.13 Notwithstanding any provision to the contrary in these Conditions, nothing shall limit or exclude the Carrier's liability for: fraud; fraudulent misrepresentation; death or personal injury of any person (although for the avoidance of doubt, no person may be transported by using the Services); and any liability which may not be lawfully limited or excluded Unattended Delivery Service: Loss or damage following delivery Liability in respect of pigeons Packaging General provisions concerning liability

17.14 The Carrier shall not be liable in any circumstances for consequential, special or indirect losses, or the following losses whether direct or indirect: loss of profits; loss of revenue; economic loss; loss of business or contracts; loss of anticipated savings or goodwill; loss of data; (or any losses arising from a claim by a third party for any of the afore-mentioned losses); whether arising under contract, statute, tort (including without limitation, negligence), or otherwise.

17.15 The Carrier will not be liable for any claim under £25.00.

17.16 No director or employee of the Carrier shall be under any liability to the Customer.

18.

18.1 The Carrier will not accept any liability for loss or damage to a Consignment if the Customer has not noted the loss or damage on the delivery sheet at the point of delivery, if the Consignment's packaging is damaged.

18.2 The Carrier accepts no liability for damage or loss arising after Consignments are not accepted for delivery.

18.3 For all claims in respect of loss or damage to a Consignment, the contents and the packaging of the Consignment must in all cases be retained so that the Carrier can inspect the condition of the Consignment, failing which the Carrier shall have no liability.

18.4 The Carrier shall not be liable for any loss, damage or other claim of whatsoever nature unless the following procedure has been followed by the Customer. It is therefore in the Customer's interests to send all claims correspondence to the Carrier by Recorded Delivery Mail.

18.4.1 Any claim must be notified in writing to the Carrier's Claims Department at Paisley Freight, 205 Neilston Road, Paisley, Renfrewshire, PA2 6QW, within twenty-one days after commencement of Services in respect of the relevant Consignment. This is to enable the Carrier to investigate the claim and the circumstances giving rise to it and failure by the Customer to comply with this provision will mean that the claim becomes absolutely barred. If the whereabouts of part or all of a Consignment are unknown, the Carrier may (at its discretion, to be exercised reasonably) agree an extension of the period for notifying a claim.

18.4.2 A claim notification must incorporate the following details:

18.4.2.1 Claimant's name and address.

18.4.2.2 Account number.

18.4.2.3 Collection address.

18.4.2.4 Delivery name and address.

18.4.2.5 Consignment note number.

18.4.2.6 Description of goods affected.

18.4.2.7 Number of packages not delivered or delivered damaged.

18.4.2.8 Weight of each package the subject of claim.

18.4.2.9 Description of extent of damage to affected goods.

18.4.2.10 Description of internal and external packaging.

18.4.2.11 Description of extent of damage to packaging (internal and external).

18.4.2.12 Cost value of goods the subject of claim with evidence vouching the cost of manufacture or (as the case may be) purchase. If reliance is placed on a sales invoice, evidence of mark-up must be provided.

18.4.2.13 Statement as to whether the affected goods are susceptible of repair and, if so, with evidence of repair cost; and specification of consignment number if goods have been re-sent.

18.4.2.14 Amount of any salvage value with evidence in support.

18.4.2.15 Address where the affected goods may be inspected.

18.4.3 A claim form reflecting the requirements of Clause 18.4.2 is available on the Carrier's website to be printed but its use is not obligatory. There is no facility for on-line submission of claims.

18.4.4 Any legal proceedings (including by way of counterclaim) must be brought against the Carrier and notified in writing to it within eight months after commencement of Services in respect of the relevant Consignment and alleged to give rise to the claim, failing which the claim shall be absolutely barred.

18.5 The Customer's attention is drawn to Clause 4.6 by which the Customer agrees that it may not withhold, or affect any set-off against, any amounts due from the Customer to the Carrier.

18.6 No claim by a Customer shall be considered by the Carrier, nor will the Carrier accept any liability in respect of it, unless all payments due to the Carrier from the Customer in respect of any Services whatsoever have been fully made by the due date for payment.

18.7 Where a Consignment in whole or in part has been damaged beyond repair or lost, the ownership of the Consignment in whole or in part as the case may be, will transfer to the Carrier upon payment by the Carrier in accordance with these Conditions, in response to any claim by the Customer.

18.8 The Carrier reserves the right to reverse a claim settlement where there is demonstrable evidence that the claim was invalidly paid in the first instance.

18.9 In the case of an invalid claim, the Carrier reserves the right to apply an administrative charge of £25.00 per claim to reflect its time in considering the claim.

19.

19.1 The Carrier shall have a general lien over any Consignment for any sums owing to the Carrier by the Customer, or by the owner of the Consignment or by any third party as referred to in Clause 4.4. On giving not less than 14 days' written notice, or immediately if the Consignment is by its nature likely to perish or deteriorate, the Carrier may in its absolute discretion sell all or part of the Consignment and apply any proceeds towards the indebtedness and its recovery and any costs incurred in the storage and disposal. Upon accounting to the Customer for any balance remaining of such proceeds, the Carrier shall be discharged from all liability whatsoever in respect of the Consignment. This is without prejudice to the Carrier's additional rights and remedies.

19.2 Failure to deliver within the specified time period due to the exercise of the Carrier's lien shall not entitle the Customer or any third party to withhold payment of any of the Carrier's charges, nor will the Carrier be liable for any non-performance of its obligations in respect of the Consignment as a consequence of the exercise of the Carrier's lien in respect of such Consignment.

20.

20.1 If at any time any part of these Conditions becomes void or unenforceable under any applicable law, it shall be deemed to be deleted from these Conditions and the remaining provisions in these Conditions shall continue unaffected.

21.

21.1 These Conditions and any dispute or claim arising in connection with them shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts to which the parties irrevocably submit.

22.

22.1 These Conditions govern the relationship between the Carrier and its Customers. No third party has any benefit under these Conditions. Therefore no third party shall have the right to enforce any provision in these Conditions.

 

SECTION C: CANCELLATION POLICY

Paisley Freight service offer a 100% refund to customers who cancel more than 24 hours before their package is due to be collected, please contact us by email or phone in the event of this happening and we will be happy to help you out.