PLEASE NOTE THAT THE CLIENT WILL NOT IN ALL CIRCUMSTANCES BE ENTITLED TO COMPENSATION, OR TO FULL COMPENSATION, FOR ANY LOSS AND IS THEREFORE RECOMMENDED TO SEEK PROFESSIONAL ADVICE AS TO APPROPRIATE INSURANCE COVER TO BE MAINTAINED WHILE GOODS ARE IN STORAGE.
Courier Express Limited, also trading as Brighton Carriers (hereinafter referred to as "the Contractor") accepts Goods for Storage only upon the Conditions set out below. No servant or agent of the Contractor is permitted to alter or vary these Conditions in any way unless expressly authorised in writing to do so by a Director, Principal, Partner or other authorised person. If any legislation is compulsorily applicable to the Contract and any part of these Conditions is incompatible with such legislation, such part shall, as regards the Contract, be overridden to that extent and no further.
1. Definitions: In these Conditions: "Client" means the person or company who contracts for the services of the Contractor. "Contract" means the contract between the Client and the Contractor for the Storage of the Goods. "Goods" 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 Stored under the Contract. "Storage" means the storage and handling of Goods including unloading and loading of Goods and movement of Goods between stores and such other ancillary services as the Contractor may agree to in writing, and the words "Store" and "Stored" shall be construed accordingly.
"Dangerous Goods" means:
(i) Goods named individually in the Approved Carriage List issued from time to time by the Health and Safety Commission, explosives, radio-active material, any dangerous weapon, drug, poison, damaging article or substance or any article or substance likely to encourage vermin or other pests or likely to cause infection; or
(ii) any Goods which, although, not included in (i) above, in the sole opinion of the Contractor, present a similar hazard.
2. Parties and Sub-Contracting
(1) The Client warrants that he is either the owner of the Goods or is authorised by such owner to accept these Conditions on such owner's behalf.
(2) The Client also warrants that the Goods are as described to the Contractor with regard to their nature, weight, quantity, condition and dimensions.
(3) The Client also warrants that Dangerous Goods accepted for Storage comply with all relevant statutory regulations for the time being in force concerning the Storage, carriage, packaging and labelling of such articles or substances.
(4) The Contractor and any other contractors employed by the Contractor may employ the services of any other contractor for the purpose of fulfilling the Contract in whole or in part and the name of every such other contractor shall be provided to the Client on request.
(5) The Contractor contracts for itself and as agent of and trustee for its servants and agents and all other contractors referred to in (4) above and such other contractors' servants and agents and every reference in these Conditions to the "Contractor" shall be deemed to include every other such contractor, servant and agent with the intention that they shall have the benefit of the contract and collectively and together with the Contractor be under no greater liability to the Client or any other party than is the Contractor hereunder.
3. Dangerous Goods
Dangerous Goods must be disclosed by the Client and if the Contractor agrees to accept them for Storage such Goods must be accompanied by a full written declaration of their nature and contents and be properly and safely packed and labelled in accordance with any legislation for the time being in force for the Storage and carriage of such articles or substances and the Client shall, whilst the Dangerous Goods are being Stored by the Contractor, keep the Contractor informed of any statutory modification or re-enactment thereof or any rules or regulations made there under or rules or recommendations made by any relevant authority, concerning the Storage or handling of Dangerous Goods. The Client shall, whilst the Dangerous Goods are being stored by the Contractor, keep the Contractor informed as to its recommendations on the handling and Storage of such Goods including all health and safety recommendations and prior to arranging despatch of the Dangerous Goods, the Client shall provide the Contractor with such information in writing in relation to the Dangerous Goods as will enable the Contractor to know the identity of the substances comprising the Dangerous Goods, the nature of the hazards created by such substances, and the action to be taken in an emergency. The Contractor shall be entitled to disclose the information supplied by the Client to its servants, agents and other contractors referred to in condition 2(5), and any relevant Government department.
4. Notice of Delivery or Collection
The Client shall give the Contractor not less than 24 hours notice of its intention to deliver or remove Goods at the premises of the Contractor.
5. Receipt of Goods
(1) Following acceptance of the Goods for Storage the Contractor shall if required provide the Client with a receipt but no such document shall be evidence of the condition or the correctness of the declared nature, property, chemical composition, quantity, quality, or weight of the Goods at the time they are received by the Contractor and the burden of proving the condition of the Goods on receipt by the Contractor and that the Goods were of the nature, property, chemical composition, quantity, quality or weight declared in the relevant document shall rest with the Client.
(2) The Contractor shall notify the Client of any pre-existing damage to and/or deficiency in the Goods to be Stored, within a reasonable time of the Contractor becoming aware of such damage or deficiency. Such Goods shall, in the absence of any express agreement to the contrary between the Client and the Contractor, be returned to the Client at the Client's expense.
6. Termination of Storage
(1) Either the Contractor or Client may at any time give not less than 21 clear days' notice in writing to the other of its intention to terminate the Contract and notwithstanding that the Contractor may have released the Goods before the expiry of such notice, all charges shall be payable to the date when the notice would have expired.
(2) The Contractor may require the removal of the Goods or any part thereof, forthwith, if in the Contractor's opinion:
(i) the Client's financial position becomes unsatisfactory or if the Client ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due, or (being a company) is deemed to be unable to pay its debts or has a winding up petition issued against it or a receiver appointed of all or any part of its assets, or if a proposal is made for a composition with creditors or scheme of arrangement or for an administrator to be appointed in respect of all or any part of the business or assets of the Client or (being an individual) commits an act of bankruptcy or has a bankruptcy petition issued against him, or the Client is in breach of any of its obligations arising under the Contract;
(ii) The Storage of Goods poses a risk to the health and safety of the Contractor, its servants or any third party or to the Contractor's property or any third party property;
(ill) the continued Storage of the Goods will result in the Goods perishing or otherwise deteriorating and/or will cause damage to other goods or property.
(3) If the Goods or any part thereof are not removed after notice is given by the Contractor to the Client in accordance with paragraphs (1) and (2) above, then the Contractor may, at its absolute discretion, sell the Goods after the lapse of a reasonable period of time after notice is given by the Contractor of its intention to sell the Goods or part thereof.
7. Revision of Storage Charges and Conditions of Storage
The Contractor's charges and these Conditions may be revised by the Contractor from time to time. Any such revision shall not become effective until the expiry of twenty-one days from the date notice of proposed revision is given to the Client.
8. Contractor's Charges
(1) Goods accepted for Storage during any calendar week (Monday to Sunday both inclusive) shall be charged for as though they were received on the first day of such week.
(2) Charges shall be payable when due without reduction or deferment on account of any claim, counterclaim or set-off. The Contractor shall be entitled to interest at 8 per cent above the Bank of England Base Rate prevailing at the date of the Contractor's invoice or account, calculated on a daily basis on all amounts overdue to the Contractor.
(3) Should the delivery of Goods be postponed or cancelled by the Client, the Contractor shall be entitled to recover from the Client all expenses incurred by the contractor and all rental charges in respect of space reserved for such Goods.
Liability for Loss and Damage
(1) The Client shall be deemed to have elected to accept the terms set out in (2) of this Condition unless, before the Goods are Stored, the Client has agreed in writing that the Contractor shall not be liable for any loss or misdelivery of or damage to or in connection with the Goods however or whenever caused and whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Contractor, its servants, agents or sub-contractors.
(2) Subject to these conditions the Contractor shall be liable for:
(a) physical loss, misdelivery of or damage to living creatures, bullion, money, securities, stamps, precious metals or precious stones only if:
(i) The Contractor has specifically agreed in writing to Store any such items; and
(ii) the Client has agreed in writing to reimburse the Contractor in respect of all additional costs which result from the Storage of the said items; and
(iii) The loss, misdelivery or damage is occasioned during Storage and is proved to be due to the negligence of the Contractor, its servants, agents or sub-contractors.
(b) physical loss, misdelivery of or damage to any other Goods occasioned during Storage unless the same has arisen from, and the Contractor has used reasonable care to minimise the
(c) effects of:
(d) (i) Act of God;
(ii) any consequences of war, invasion, art of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, terrorist act, military or usurped power or confiscation, requisition, or destruction or damage by or under the order of any government or public or local authority;
(iii) seizure or forfeiture under legal process;
(iv) error, act, omission, mis-statement or misrepresentation by the Client or other owner of the Goods or by servants or agents of either of them;
(v) inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the Goods;
(vi) Leakage or deficiency of Goods of a perishable or leaky nature, moth, vermin, inserts, atmospheric or climatic causes;
(vii) insufficient or improper packing;
(viii) insufficient or improper labelling or addressing;
(ix) riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
(x) any other cause beyond the reasonable control of the Contractor.
(3) The Contractor shall not in any circumstances be liable for loss of or damage to Goods arising after Storage of such Goods has ended, whether or not caused or contributed to directly or indirectly by any art, omission, neglect, default or other wrongdoing on the part of the Contractor, its servants, agents or sub-contractors.
The Contractor shall not in any circumstances be liable in respect of Goods where there has been fraud on the part of the Client or the owner, or the servants
or agents of either, in respect of those Goods, unless the fraud has been contributed to by the complicity of the Contractor or of any servant of the Contractor acting in the course of his employment.
11. Limitation of Liability
(1) Except as otherwise provided in these Conditions, the liability of the Contractor in respect of claims for physical loss, mis-delivery of or damage to Goods, howsoever arising, shall in all circumstances be limited to the lesser of:
(a) the value of the Goods actually lost, mis-delivered or damaged; or
(b) the cost of repairing any damage or of reconditioning the Goods; or
(c) a sum calculated at the rate of £100 Sterling per tonne on the gross weight of the Goods actually lost, mis-delivered or damaged; and the value of the Goods actually lost, mis-delivered
or damaged shall be taken to be their invoice value if they have been sold and shall otherwise be taken to be the replacement cost thereof to the owner at the commencement of transit, and in
all cases shall be taken to include any Customs and Excise duties or taxes payable in respect of those Goods: Provided that:
(i) in the case of loss, mis-delivery of or damage to a part of the Goods the weight to be taken into consideration in determining only the gross weight of that part regardless of whether
the loss, mis-delivery or damage affects the value of other parts of the Goods;
(ii) nothing in this Condition shall limit the liability of the Contractor to less than the sum of £10;
(iii) the Contractor shall be entitled to proof of the weight and value of the whole of the Goods and of any part thereof lost, mis-delivered or damaged;
(iv) the Client shall be entitled to give to the Contractor written notice to be delivered at least 7 days prior to commencement of Storage requiring that the £100 per tonne limit in
11 (1)(c) above be increased, but not so as to exceed the value of the Goods, and in the event of such notice being given the Client shall be required to agree with the Contractor
an increase in the Storage charges in consideration of the increased limit, but if no such agreement can be reached the aforementioned £100 per tonne limit shall continue to apply.
(2) The liability of the Contractor in respect of claims for any other loss whatsoever (including indirect or consequential loss or damage and loss of market), and howsoever arising in connection with the Goods, shall not exceed the amount of the Storage charges in respect of the Goods or the amount of the claimant's proved loss, whichever is the lesser, unless;
(a) at the time of entering into the Contract with the Contractor the Client declares to the Contractor a special interest in Storage in the event of physical loss mis-delivery or damage and agrees to pay a surcharge calculated on the amount of that interest, and
(b) at least 7 days prior to the commencement of Storage the Client has delivered to the Contractor written confirmation of the special interest and amount of the interest.
12. Indemnity to the Contractor
The Client shall indemnify the Contractor against:
(1) all liabilities and costs incurred by the Contractor (including but not limited to claims, demands, proceedings, fines, penalties, damages, expenses and loss of or damage to the place of storage and to other goods Stored) by reason of any error, omission, mis-statement or misrepresentation by the Client or other owner of the Goods or by any servant or agent of either of them, insufficient or improper packing, labelling or addressing of Goods or fraud as in Condition 10;
(2) all claims and demands whatsoever (including for the avoidance of doubt claims alleging negligence), by whomsoever made and howsoever arising (including but not limited to claims caused by or arising out of the Storage of Dangerous Goods and claims made upon the contractor by HM Customs and Excise in respect of dutiable goods consigned in bond) in excess of the liability of the Contractor under these Conditions in respect of any loss or damage whatsoever to, or in connection with, the Goods whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Contractor, its servants, agents or subcontractors.
13. Time Limits for Claim
(1) All claims for damage to or physical loss or mis-delivery of or failure to release any Goods and any claim referred to in Condition 11(2) shall be made in writing by the Client within seven days after release of the Goods alleged to be damaged or, in the case of Goods alleged to be lost or mis-delivered or which the Contractor fails to release, within seven days after the time when the Goods should in the ordinary course of events have been released and the Contractor shall be under no liability unless such claim is made within the time stipulated: Provided that if the Client proves that
(a) it was not reasonably possible for the Client to advise the Contractor or make a claim in writing within the time limit applicable, and
(b) such advice or claim was given or made within a reasonable time; the Contractor shall not have the benefit of the exclusion of liability afforded by this Condition.
(2) The Contractor shall in any event be discharged from all liability what-so ever and howsoever arising in respect of the Goods unless suit is brought within one year of the date when the Goods were released or should, in the ordinary course of events, have been released.
(3) In the computation of time where any period provided by these Conditions is seven days or less, Saturdays, Sundays and all statutory public holidays shall be excluded.
(1) The Contractor shall have a general lien against the Client, where the Client is the owner of the Goods, for any monies whatever due from the Client to the Contractor. If such a lien is not satisfied within a reasonable time, the Contractor may, at its absolute discretion sell the Goods, or part thereof, as agent for the Client and apply the proceeds towards the monies due and the expenses of the retention, insurance and sale of the Goods and shall, upon accounting to the Client for any balance remaining, be discharged from all liability whatever in respect of the Goods.
(2) Where the Client is not the owner of the Goods, the Contractor shall have a particular lien against the said owner, allowing the Contractor to retain possession, but not to dispose of, the Goods against monies due from the Client in respect of the Goods.
15. Impossibility of Performance
The Contractor shall be relieved of its obligations to perform the Contract to the extent that the performance thereof is prevented by failure of the Client, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of the Contractor.
All written communications from the Contractor to the Client shall be deemed to have been served if delivered or posted to the last known address of the Client.
17. Law and Jurisdiction
The Contract shall be governed by English law, except in the case of Goods stored solely in Scotland when it shall be governed by Scots Law, and United Kingdom courts alone shall have jurisdiction in any dispute between the Contractor and the Client.