DEFINITIONS In these Conditions: “Consignee”, “you”, “your” means the person or company to whom the Carrier contracts to deliver the Consignment. “Consignment” means goods, whether a single item or in bulk or contained in one parcel, package or container, as the case may be, or any number of separate items, parcels, packages or containers sent at one time in one load by or for the Customer from one address to one address. “Contract” means the contract of carriage between the Customer and 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. “In writing” includes, unless otherwise agreed, the transmission of information by electronic, optical or similar means of communication, including, but not limited to, facsimile, electronic mail or electronic data interchange (EDI), provided the information is readily accessible so as to be usable for subsequent reference. “Merchant” means the owner of the Consignment, any other person having an interest therein and anyone acting on behalf of such owner or other person, including, as the case may be, the Customer, sender and Consignee. “our services” means goods or documents of whatever nature (whether in bulk or in one or more packages) which we have accepted for carriage from one address to another or regarding which we have accepted to perform other services. “Prohibited items” means any goods or materials the carriage of which is prohibited by law in which the shipment travels. “shipment” means goods or documents of whatever nature (whether in bulk or in one or more packages) which we have accepted for carriage from one address to another or regarding which we have accepted to perform other services. “we”, “us”, “our” means Deliverybros Courier Services and its group companies, employees, agents and independent contractors. You are requested to read the following points carefully before booking the consignment.
The Customer warrants that he is either the owner of the Consignment or is authorized by such owner to accept these Conditions on such owner’s behalf. The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the purpose of fulfilling the Contract in whole or in part and the name of every other such carrier shall be provided to the Customer upon request. The Carrier contracts for itself and as agent of and trustee for its servants and agents and all other carries referred to above and such other carrier’s servants and agents and every reference in these Conditions to “the Carrier” shall be deemed to include every other such carrier, servant and agent with the intention that they shall have the benefit of the Contract and other party than is the Carrier hereunder. Notwithstanding the Conditions above, the carriage of any Consignment by rail, inland waterway, is arranged by the Carrier as agent of the Customer and shall be subject to the rail, inland waterway carrier contracted to carry the Consignment. The Carrier shall be under no liability whatsoever to whomsoever and howsoever arising in respect of such carriage: Provided that where the Consignment is carried partly by road and partly by such other means of transport any loss, damage or delay shall be deemed to have occurred while the Consignment was being carried by road unless the contrary is proved by the Carrier. We may employ any person as our agent, subcontractor or otherwise in the performance of any of our obligations under these Conditions. We enter into these Conditions on behalf of such persons who will be entitled to the benefit of them and will have no greater liability to you than we do. You agree that we may subcontract the whole or any part of the contract of carriage or of other services on any terms and conditions we decide.
By giving us your shipment you accept our terms and conditions of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services. Our terms and conditions also cover and can be invoked by anyone we use or subcontract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only our authorized officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions. Even if the carriage of the shipment forms part of another type of contract between you and us, these terms and conditions apply to the contract agreed between you and us in respect of any carriage of goods pursuant to the contract. By concluding any type of contract with us that involves the carriage of goods you agree that: The contract is a contract of carriage of goods by road if the carriage of the shipment actually takes place by road; the contract is a contract for the performance of other services if related to non-carriage services.
We may at our discretion accept some dangerous goods for carriage, or for the performance of other services, if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulations and our requirements). Details of our requirements together with the procedure for applying for approved customer status are available from our offices and a dangerous goods surcharge will be invoiced to you upon acceptance of your shipment. Certain dangerous goods are exempt from the above approved customer requirements. Details can be obtained from our nearest office. You must ensure and you certify by tendering a shipment to us that your shipment does not contain a prohibited article as specified in the national regulations that govern security. You must give us a full description of the contents of the shipment and your responsibilities and liabilities are not extinguished by providing this information. Shipments carried, or handled, by us may be subject to security screening and you accept that your shipment may be opened and the contents of your shipment may be examined in transit. You declare that you have prepared the shipment for carriage, or for the performance by us of other services, in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by us for the performance by us of other services. You agree that we or any government authority including customs and security may open and inspect your shipment at any time. We do not accept shipments that contain prohibited items. We also do not accept Perishable items with a shelf life not more than 7 days after shipment as we would not be responsible for such items if not duly informed and an agreement signed by the carrier and merchant upon shipment. For the security of a Consignment, insurance charges would be paid for by the Consignee at full discretion and when goods are damaged or lost in transit we would not be responsible for goods not fully insured, third party insurance partners would be responsible for remittance of the value for the goods duly insured by the Consignee.
Unless we agree otherwise: If we collect or deliver a Consignment to or from your premises, you will provide appropriate equipment and labor for loading or unloading the Consignment; and if a Consignment requires equipment or labor in excess of the driver to be unloaded at the Delivery address, you warrant that such equipment or labor will be provided at the Delivery address. Any assistance we provide to load or unload a Consignment will be provided at our discretion and is at your sole risk and we will not be liable for any damage caused (whether negligently or otherwise). You will indemnify us and keep us indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which we suffer as a result of the provision of such assistance.
In relation to each Consignment you must complete such consignment note (Pickup and Delivery form) and address label in each case as we from time to time specify. You must affix an address label to each Consignment. Transit begins when we accept a Consignment for delivery. At your request we will sign a document acknowledging receipt of a Consignment. Such document will not, regardless of its terms, be evidence of the condition, nature, quantity or weight of the Consignment when delivered to us. Transit ends when a Consignment is delivered to the Delivery address. In cases where the items are not delivered to the delivery address upon several retries, the Consignee is notified (whether via push notifications, emails or calls) that we have made an unsuccessful attempt to deliver the Consignment and that the Consignment is available for collection from us when due charges have been settled by the Consignee. Transit may occur using any means of transport and by any route we think fit.