Terms and Conditions
CONDITIONS OF CONTRACT
1. In these conditions the term 'Carrier' shall mean FIRST CHOICE COURIERS and shall include, unless the context otherwise requires, its servants, agents and sub-contractors.
2. The Carrier is not a common carrier and will accept no liability as such. The Carrier receives the right to refuse the carriage or transport of goods for any person, corporation, company or unincorporated body of association and the carriage or transport of any class of goods at its discretion.
3. The Carrier may arrange for the carriage of any or all the goods the subject of the contract by a sub-contractor and the Carrier in making the contract does so for its own benefit and also as agent for the sub-contractor. Any such arrangement shall be deemed to be ratified by the consignor upon delivery of the said goods to such sub-contractor who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Carrier.
4. The consignor warrants that the goods comply with the requirements of any applicable law relating to the nature, condition and packaging of the same, that the packaging, container or pallets delivered with the goods comply with the requirements of the consignee, and that all customs duty, excise duty, harbour, dock, railway, shipping, warehouse and transport charges due in respect of the goods upon delivery thereof to the Carrier have been paid. Any expenses incurred by the Carrier in making good any failure by the consignor under this clause shall be paid by the consignor.
5. The consignor shall not tender for carriage any explosive, inflammable, dangerous or damaging goods, without prior approval in writing of the Carrier.
6. The goods the subject of the contract shall be at the risk of the owner and not the Carrier and unless expressly agreed in writing the Carrier shall not be responsible in tort or contract or otherwise for any loss or damage to or deterioration, contamination or evaporation of, or misdelivery, non-delivery or delay in delivery of any goods the subject of the contract, including frozen, refrigerated or perishable goods, either in transit or in storage for any reason whatsoever including without limiting the foregoing, the negligence or wilful act or default of a carrier as that term is defined herein; nor shall the Carrier be responsible for any consequential loss arising from any such loss, damage, deterioration, contamination, evaporation, misdelivery, non-delivery or delay in delivery; and this clause shall apply whether or not the same occurs in the course of performance by the Carrier of the contract or in events which are in the contemplation of the Carrier and the consignor or either of them, or in events which are foreseeable by them or either of them or in events which would constitute a fundamental breach of the contract or a breach of a fundamental term thereof.
7. The Carrier may make any deviation from the usual route or manner of cartage of goods or any interruption thereof which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.
8. The Carrier is authorised to deliver the goods at the address given to the Carrier by the Consignor for that purpose and it is expressly agreed that the Carrier shall be taken to have delivered the goods in accordance with the contract if at that address he obtains from any person a receipt or a signed delivery docket for the goods. If the consignee is not in attendance at the address given during normal trading hours when delivery is attempted an additional charge may be made at ruling rates for each call until delivery is accomplished.
9. The Carrier's freight charges shall be considered earned whether the goods are delivered to the consignee or not or whether damaged or not and no freight charge shall be refundable under any circumstances.
10. The consignor agrees that the person delivering any goods to the Carrier for carriage is authorised to sign the delivery docket on its behalf.
11. The consignor warrants that it is either the owner or the authorised agent of the owner of all goods the subject of the contract and the consignor accepts these conditions of contact for the consignee as well as for all other persons on whose behalf of the consignor is acting.
12. The Carrier shall be entitled to payment by the consignor of freight charges in accordance with its quoted rates and failing any such quotation in accordance with its prevailing rates charged or chargeable to other customers for like cartage.
13. The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of the Carrier by an officer of the Carrier.
14. No claim is maintainable against the Carrier in respect of loss of or injury to goods the subject of the contract unless notice in writing of such loss or injury is given to the carrier within (5) days after the date of delivery of such goods or in the case of non-delivery within (5) days after the person claiming became aware of such loss of injury.
15. Insurance will not be arranged by the Carrier except with the express instructions in writing of the consignor and then only at his expense and on lodgement of a declaration as to value prior to collection.
16. Any special instruction by the consignor to the carrier and accepted by the carrier to the effect that charges shall be paid by the consignee shall be deemed to include a stipulation that if the consignee does not pay the said charges within seven (7) days of the date set forth for payment or, if not date is set for payment within (7) days of delivery or tendered delivery of the goods, then the consignor shall pay the said charges.
Please note that all goods presented for transportation must be packed correctly and clearly labeled with all the receivers’ details on each item of freight.
Freight not considered safe for transportation will be rejected by the pick-up driver.
First Choice Couriers
1. All freight and charges are earned by First Choice Couriers (“the Carrier”) as soon as the goods are picked up or accepted for storage.
2. The Consignor agrees to pay 7 days from date of tax invoice issued by the Carrier, pay all freight and charges, irrespective of whether the goods have been delivered or not and whether the goods are damaged or not.
3. The Consignor must pay all sums by the due date without deduction or deferment on account of any claim, counterclaim or set-off.
4. On accounts overdue to the Carrier, the Carrier shall be entitled to interest calculated at 4% above the base rate of the Carrier’s bank applicable during the periods that such amounts are overdue.
5. The Consignor will be liable for all costs and expenses (including legal costs on a solicitor and client basis) incurred by the Carrier in collecting from the Consignor or other party money owed on overdue accounts.
6. If the goods are at any time re-weighed or re-measured, the Consignor shall pay any proportional additional freight as determined by the Carrier.
7. The Consignor shall pay any charge for demurrage at the rate charged to the Carrier directly or indirectly by any railway or shipping authority or other person.
8. When the Carrier is instructed to collect freight, duties, charges or other expenses from any person other than the Consignor, the Consignor shall remain responsible for the amounts and shall pay these amounts to the Carrier on demand where these amounts have become due and not paid by such other person.
If, on demand, any person fails to pay charges due to the Carrier in respect of any service rendered by the Carrier, the Carrier will have a general lien over the goods and/or any other cargo or items that are the property of the Consignor, and without notice to the Consignor, may sell all or any part of the goods and/or any other cargo or items that are the property of the Consignor which are in its possession and out of the moneys arising from the sale retain the charges so payable together with all charges and expenses of the detention and sale, and shall render the surplus, if any, of the moneys arising from the sale and such of the goods as remain unsold to the person entitled thereto.