Terms & Conditions
CONDITIONS OF CONTRACT OF SERVICE 2007-2015
DEFINITIONS AND APPLICATION
In these Terms the following expression shall have the following meanings:
Contract: The contract for the pick up and delivery of the Goods made pursuant to these Terms.
Company: Packable LTD trading under these conditions
Customer: Any Person or persons at whose request or on whose behalf the Company undertakes any business. The Customer warrants that he is either the Owner or the authorized agent of the Owner and, also, that he is accepting these conditions not only for himself, but also as agent for and on behalf of the Owner.
Delivery: Delivery to you, collection by you, or performance by us (as the context shall allow) of the Goods or any part of them in accordance with these Terms.
Delivery Address: The location for Delivery agreed between us;
Delivery Date: The date for Delivery agreed between the Customer and the Company
Force Majeure: Any Circumstances beyond our reasonable control.
Payment Terms: The terms of payment in respect of the Price and where relevant any delivery charges agreed between the Customer and the Company in writing and which unless otherwise agreed shall require payment Not later then 30 days from the end of the delivery date of invoice;
THE CUSTOMERS ATTENTION IS DRAWN TO SPECIFIC CLAUSES:
When the Company contracts as a principal for any services, it shall have full liberty to perform such services itself, or, to subcontract on any terms whatsoever, the whole or any part of such services: When the Company acts as an agent on behalf of the Customer, the Company shall be entitled, and the Customer hereby expressly authorises the Company, to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer, quotes instructions, and whether such contracts are subject to the trading conditions of the parties with whom such contracts are made, or otherwise. The Company shall, on demand by the Customer, provide evidence of any contract entered into as agent for the Customer. In so far as the Company may be in default of the obligation to provide such evidence, it shall be deemed to have contracted with the Customer as a principal for the performance of the Customer, quotes instructions. Any changes in arrangements made between the Customer and Company Requires a 48 hours notice. Otherwise any costs may be applied to the Customer. In all and any dealings with HMRC for and on behalf of the Customer and/or Owner, the Company is deemed to be appointed, and acts as, Direct Representative only: has a general lien on all Goods and documents relating to Goods in its possession, custody or control for all sums due at any time to the Company from the Customer and/or Owner on any account whatsoever, whether relating to Goods belonging to, or services provided by or on behalf of the Company to the Customer or Owner. Storage charges shall continue to accrue on any Goods detained under lien: Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the Company shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, whereupon the Company, quotes liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. The Company, quotes liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and such costs shall, upon demand, be paid by the Customer. The Company shall be entitled at the expense of the Customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances after at least 28 days notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the Goods) without notice, any Goods which have been held by the Company for 90 days and which cannot be delivered as instructed. Become the sole property of the Company to be disposed of or sold to recover any and all monies owed to the Company. No insurance will be affected except upon express instructions given in writing by the Customer and accepted in writing by the Company, and all insurances affected by the Company are subject to the usual exceptions and conditions of the policies of the insurers or underwriters taking the risk. Unless otherwise agreed in writing, the Company shall not be under any obligation to affect a separate insurance on the goods, but may declare it on any open or general policy held by the Company. Without prior agreement in writing by an officer of the Company so authorised, the Company will not accept or deal with Goods that require special handling regarding carriage, handling, or security whether owing to their thief attractive nature or otherwise including, but not limited to bullion, coin, precious stones, jewellery, human remains, livestock, pets, plants. Should any Customer nevertheless deliver any such goods to the Company, or cause the Company to handle or deal with any such goods, otherwise than under such prior agreement, the Company shall have no liability whatsoever for or in connection with the goods, howsoever arising.
The Customer warrants: That the description and particulars of any Goods or information furnished, or services required, by or on behalf of the Customer are full and accurate, and that all Goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the Goods and the characteristics: Without prejudice to any rights where the Customer delivers to the Company, or causes the Company to deal with or handle Goods of a dangerous or damaging nature, or Goods likely to harbour or encourage vermin or other pests, or Goods liable to taint or affect other goods, whether declared to the Company or not, the Customer shall be liable for all loss or damage arising in connection with such Goods, and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the Goods may be dealt with in such manner as the Company, or any other person in whose custody they may be at any relevant time, shall think fit. The Customer undertakes that no claim shall be made against any director, servant, or employee of the Company which imposes, or attempts to impose, upon them any liability in connection with any services which are the subject of these conditions, and, if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof. The Customer shall pay to the Company in cash, or as otherwise agreed, all sums when due, immediately and without reduction or deferment on account of any claim, counterclaim or set-off. The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums due from the Customer.
The Company does not insure the Customers Goods unless specifically agreed with them in writing before the acceptance of the Contract. If Goods are insured through the Company, then the Company accepts no liability for the value or description of the goods and act only on behalf of the Customer as an agent to the Customer. Any insurance is subject to the conditions and policies of the insurers accepting the risk. If Goods are not insured through the Company then the Company will only accept very limited liability to the Customer, restricted to help and advice, even if loss or damage is caused by Force Majeure or negligence by those working for, contracted to or representing the Company. We therefore require that Customers to warrant that they have fully insured their Goods and we are noted as a co-assured. If the Customer does not have adequate insurance of the type required then the Company when asked in writing can help arrange appropriate insurance cover. Customer are at liberty to request to the Company all forms of insurance that may be required, however, in such cases it may required for the Company to then levy a surcharge.
LIABILITY AND LIMITATION:
The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment. The Company shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by:
A) Any cause or event, such as Force Majeure which the Company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence.
B) Packable Ltd will not take any liabilitiy on a failure of a shipment due to any form of custom intervention, accidents or any incidents out of the companies control.
C) In the case of claims for loss or damage to Goods prepared for transport by the Company only: Any damage to goods prepared for transport by the Customer, are the complete liability of the Customer.
D) You are advised to inspect, and shall be deemed to have inspected the Goods upon Delivery and the Company shall have no liability to you in relation to damage to the Goods in transit or by whatever means. Once the Customer has signed for the goods upon delivery, all responsibilities and liabilities thereafter fall upon the Customer.
E) We shall have no liability to you in relation to non-delivery of Goods unless such non-delivery is notified to us within 48 hours of agreed Delivery date. Any costs maybe applied to the Customer.
F) Insurance covers any consignment up to the point of delivery. Upon receipt and inspection of any goods; the customer must formally contact Packable Ltd immediately via an email in writing if any damage is found to any items or any parts are missing from the items delivered that are covered by an agreed insurance with Packable Ltd. This must be received within 48 hours of the delivery of the items. After this time period has elapsed Packable Ltd cannot be held responsible for loss or damage. Once loss or damage of any item(s) are reported within the agreed time any reasonable request for information and evidence to support any claim must be received within this period of 48 hours, unless otherwise agreed by Packable Ltd prior to shipping.
G) Customers are liable in respect of all duties, customs charges, taxes, import levies, dues, deposits or outlays of any kind whatsoever in relation with the Goods and services, through the Contract by the Company.
In accepting a Contract with Packable Ltd the Customer accepts all Terms and Conditions of the Company Packable Ltd.