Terms & Conditions
1. Definitions(a) "The Company" means G4S Secure Solutions (Jersey) Ltd, Rue des Pres Trading Estate, St Saviour, Jersey, JE27QP
(b) "The Customer" means the person requesting the Company to transport the Shipment:
(c) "Shipment" means any article or articles of any sort which may be, or be intended to be, received by the Company from any one consignor at any one address for carriage and delivery at any one time to any one consignee at any one other address:
(d) "The relevant collection point" means the address at which any Shipment is to be received by the Company.
(e) "The relevant delivery point" means the address to which and Shipment is to be delivered by the Company.
(f) "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 therewith, and/or
(ii) Ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion or nuclear fuel, and/or
(iii) Radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof, and/or
(iv)Pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds, and/or
(v) The absence, failure or inadequacy of packing or packaging.
(g) "The Service Order" means the Service Order and Schedule form;
(h) "This Agreement" means the Service Order together with these terms.
2. Company's obligationIn consideration of the payments to be made to the Company by the Customer, the Company shall (subject as hereinafter mentioned) during the continuance of this Agreement carry out the services described in the Schedule.
3. Liability of the CompanyNote: Where the Customer deals with the Company as a consumer the provisions set out hereunder do not and will not affect his rights under the Unfair Contract Terms Act 1977.
(a) The value of the property intended to be carried and/or delivered and also the amount of any consequential loss which might arise form damage or loss to or of the said property are matters which are better known to and/or more readily ascertainable by the Customer than the Company; indeed to some extent they cannot be known to the Company but are under the control to the Customer;
(b) The potential extent of the damage (as defined in (f) below) that might be caused or be alleged to be caused to the Customer is disproportionate to the sum that can reasonably be charged by the Company;
(c) The Company is not able to obtain insurance giving unlimited cover for its full potential liability to its customers and in any case even insurance giving loss arising therefrom which insurance the Customer should be able to, and should, obtain:
(d) The Company is concerned to keep down the costs of the services it provides to its customers;
(e) In the circumstances the Company intends to limit its liability for any damage caused to the Customer (as defined in (f) below) to amounts which are not out of proportion to its charges, namely the amounts defined in (II) below;
(f) In these Terms "damage caused to the Customers" means any damage suffered by the Customer (including for the avoidance of doubt any loss of or damage to any Consignment and loss of any other kind whether direct or consequential), howsoever arising, caused by any negligence, breach of duty or other wrongful act or omission (which phrase, wherever it appears in these Terms, includes any deliberately wrongful act or omission and any breach, howsoever fundamental, of any express or implied term of the contract between the Company and the Customer incorporating these Terms) on the part of the Company its servants or agents;
(g) It is difficult to investigate claims received weeks after the loss or damage is alleged to have occurred.
THE COMPANY AND THE CUSTOMER AGREE TO THE FOLLOWING LIMITATION OF LIABILITY.
(I) Provision as to liability of the Company, its servants or agents;
So far as concerns damage caused to the Customer the Company shall be liable to the Customer (and then only to the limited extent set out below) only if and in so far as such damage is caused by the negligence, breach of duty or other wrongful act or omission of the Company itself or its directors of servants acting within the course of their employment.
(II) Provision as to limitation of the amount of liability of the Company
If, whether pursuant to the provisions set out herein or otherwise, any liability to the Customer shall arise on the part of the Company, its servants of agents (whether under the express or implied terms of the contract incorporating these terms, howsoever fundamental, or in negligence or in any other way, however fundamental may be the breach of any duty) for any damage caused to the Customer, such liability shall in all cases whatsoever be limited to the payment by the company on its own behalf and on behalf of its servants and agents by way of damages:
(a) in the event of loss of or damage to the whole of a Shipment, of a sum not exceeding £100.
(b) in the event of loss of or damage to part of a Shipment, of the proportion of the sum ascertained in accordance with sub-clause (a) above which the actual value of that part of the Shipment bears to the actual value of the whole of the Shipment;
(c) in respect of any claim arising other than as a result of loss of or damage to a Shipment or part thereof, of a sum not exceeding £50 in respect of any one Shipment. Provided that the Company shall be entitled to require proof of the value and weight of the whole Shipment and any part or parts thereof.
(III) Provision as to notification of claims
The Company its servants or agents shall not be liable to the Customer in any circumstances or to any extent whatever in respect of damage caused to the Customer unless written notice is received by the Company at its Registered Office within 14 days, in the case of damage to the whole or part of a Shipment or loss of part of a Shipment, and, in all other cases, 28 days of the date upon which the Shipment was collected or received by the Company.
4. Collections and Deliveries(a) Collections and deliveries which take more than fifteen minutes may be subject to a surcharge.
(b) The Company will make one attempt to deliver a Shipment during normal working hours. Subject to (c) below, if the Company cannot obtain a receipt at the relevant delivery point it may attempt to deliver and obtain an appropriate receipt at an address close to the relevant delivery point and, if successful, the Company will leave at the relevant delivery point details of the address at which delivery has been effected. If the Shipment has not been delivered, the Company will return it to the Company's premises, after leaving at the relevant delivery point a request for the consignee to contact the Company to make alternative delivery arrangements. If no such contact is made within a reasonable time the Company will return the Shipment to the consignor at the Customer's cost.
(c) If, on attempting to deliver a Shipment to a school or similar institution, the Company finds that such school or institution is closed for holidays or other reason, the Company may apply a storage charge for retaining the Shipment at its premises and shall be allowed a reasonable time to deliver the Shipment once the school or institution re-opens.
5. International Carriage(a) In the case of services where the Company is required to collect goods from or delivery goods to a country outside the United Kingdom the Company's liability (subject to (b) below) is governed by the relevant provisions of the Convention on the Contract for the International Carriage of Goods by Road as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as such Schedule may be amended from time to time) ("the CMR Regulations") and in particular Articles 17 and onwards, which provisions will be incorporated herein and will apply in place of any inconsistent terms above written. A copy of such provisions will be supplied if required.
(b) In relation to that part of any carriage performed by air and if the transit by air involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the Warsaw Convention as amended may be applicable and the Conventions govern, and in most cases limit, the (liability of the Company in respect of loss of or damage to shipments.
(c)The Customer authorizes the Company and its agents to sign all transit and customs documentation on behalf of the Customer.
6. Sub-ContractorsNo objection will be taken to the use by the Company at its own expense of any other carrier and in such circumstances both the Company and such other carrier shall be entitled to the protection of all the terms hereof which exclude or limit the liability of the Company.
7. Paymenta) (i) Nextday Customers: the Customer will to the extent stipulated in the Schedule make payments to the Company monthly in advance; the first of such payments to be made no later than the date of commencement. Other payments to the Company will be made within 7 days of the date of the Company's invoice.
(ii) Sameday Customers: Payment in full will be made within 30 days of date of invoice in the case of account customers and no later than the time of collection in the case of other customers.
b) All charges stated are exclusive of Value Added Tax.
c) If fulfilment of a contract involves performing services on a Bank or Public Holiday the Company will be entitled to make reasonable extra charges to reflect any additional costs incurred by the Company.
8. Customer undertakingsThe Customer undertakes that:
a) The Shipment will be accepted at the relevant delivery point and an appropriate receipt therefore will be given to the Company's representative escorting such Shipment. Such receipt shall be conclusive evidence of delivery save where such receipt is obtained as a result of any fraud, collusion or dishonesty on the part of the Company's representative.
b) In the event of a strike of employees of the Customer or of employees at the relevant collection or delivery points the Company's servants or agents will not be asked to perform any additional duties or any duties of a strike-breaking nature.
9. Miscellaneous provisionsa) Unless specifically agreed to the contrary, "working days" do not include Saturdays, Sundays, or Public Holidays
b) No reduction of charges will be made if the Company receives less than the number of parcels for which the customer has contracted.
c) Consignments travelling more than 250 miles may be subject to delay.
10. Nature of AgreementThese Terms and the CMR Regulations, the Warsaw Convention and / or Montreal Convention (if applicable) together with the operational details of the services and the charges therefor:
(a) Shall constitute the entire contract between the Company and the Customer and shall not incorporate or be Deemed to incorporate the provisions of any other document.
(b) Shall supersede the provisions of any previous contract warranty or representation made or given relating to the same services as are described in the contract incorporating these Terms.
11. Variation, etc.No variation, extension or cancellation of these Terms shall be binding upon the Company unless and until it is confirmed in writing under the hand of a Director of the Company and, for the avoidance of doubt, it is declared that no person other than such Director has authority to negotiate or enter into any commitment on behalf of the Company the effect of which would or might (but for this present clause) involve the Company in any legal liability whatsoever.
12.TerminationAny contract incorporating these Terms may be determined by either party forthwith if the other party shall commit any breach of its obligations thereunder or (being an individual) shall commit an act of bankruptcy or (being a Corporation) shall go into liquidation other than for the purposes of reconstruction of amalgamation, or shall suffer the appointment of an administrator or a receiver of any of his or its property or income or make any deed or arrangement with or composition for the benefit of any of his or its creditors.
13. Applicable LawThese Terms shall be construed in accordance with the laws of Jersey & England and the Courts of Jersey & England shall have exclusive jurisdiction in relation to any matters arising out of a contract incorporating these Terms.