DEFINITIONS: When the terms 'The Company', 'we', 'our', 'us' and 'carrier' are used in this document it refers to Overland Express, it's employees, agents, subsidiaries and contractors. When 'you',' your' and 'The Customer' are used it refers to the account holder, employees and agents. When the term 'bookings', 'contract', 'consignment', job' or 'shipment' are used it refers to any contract of carriage placed by you and accepted by us for any service we are currently offering.
TERMS OF AGREEMENT: At the time of placing a booking you agree to all the terms in this non-negotiable document, and accept the rates and transit times contained within our current tariffs, which are available on request.
CARRIER IS NOT A COMMON CARRIER: The Company is not a common carrier and will only accept goods for carriage under the terms and conditions in this document.
THIRD PARTIES AND SUBCONTRACTING: The Company may employ and engage the services of any carrier for the purposes of fulfilling the contract, and any such other carrier shall have the like power to sub-contract under these terms and conditions.
TERMS OF CREDIT: All accounts are issued and maintained in strict accordance with the company's terms of credit, which are as follows: a) Accounts are due when rendered and payment is required within 30 days of the invoice. b) Invoices are subject to V.A.T at the current rate for shipments within the EEC. c) All invoices issued by the company are deemed correct unless queried within 21 days of the date of the invoice. d) The customer shall not be entitled to defer or withhold, the payment of any monies due or liabilities incurred to the company, by reason of having any claim or counterclaim, or any alleged claim or counterclaim, and the customer shall not under any circumstances be entitled to any rights of set-off in relation thereto.
LIABILITY OF THE COMPANY: The company shall be liable for any loss or damage, occasioned during carriage unless and to the extent that the same has been caused by, is due to, or has arisen from:- a) An act of God, force majeure or any other occurrence or cause beyond the control of the company, including but not limited to war, civil commotion, invasion, hostilities, riots and other like occurrences. b) Seizure, damage, confiscation, requisition or destruction under legal process by or under the order of any government, local authority, or other public body. c) Any act of omission of the customer or the owners of any goods comprised in a shipment (or part thereof), including their respective servants or agents and anything done by the carrier at the express request or discretion from them. d) Inherent liability to wastage, either in bulk, weight or quality, any latent or inherent defects or natural deterioration of the goods. e) Insufficient or improper packaging, labelling or addressing. f) Industrial disputes, lockouts and general or partial stoppages or restraints of labour of whatever nature. g) Electrical, magnetic, injury, erasure, x-ray or other similar damage to electronic or photographic images or recording in any forms. Under no circumstances shall the company be liable in any event for consequential loss, special damages or other indirect loss, howsoever arising, whether or not the company knew or ought to have known that such losses or damages might be incurred, including without limitation loss of income, profits, interest or loss of interest.
LIMITATION OF LIABILITY: The liability of the company for any loss or damage shall be limited to the lesser of the following amounts I) The total value of the claim, or II) GBP 100.00. a) Full Transit Liability cover up to GBP 10,000.00 can and will only be arranged at the specific request of the customer on a per job basis, at the time of booking or prior to the communication of the job, and arranging such cover may incur an additional fee. b) The terms and conditions of the Full Transit Liability cover form part of this agreement and a copy of this is available upon request which details commodities that are not covered, including but not limited to precious stones, currency, furs, antiques, glass, ceramics, dangerous or illegal goods or living creatures.
TIME LIMIT FOR CLAIMS: The company shall not be liable for any loss, damage or other liability of whatsoever nature unless a) The customer notifies the company in writing of an impending claim within ten days after commencement of transit and b) The company receives a detailed written claim, including any relevant documentation requested by the company within twenty-eight days of the commencement of transit.
SEVERANCE: If at any time one or more of the provisions of these terms and conditions shall become or be declared invalid, illegal or unenforceable in any respect under any law, the validity and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
GOVERNING LAW: These conditions and each and every contract made pursuant thereto shall be governed by and construed in accordance with English law and the customer hereby submits to the non-exclusive jurisdiction of the English Courts.
TERMS AND CONDITIONS SPECIFIC TO ALL GOODS SERVICES: All goods booking's including but not limited to courier, overnight and international are undertaken by the company in accordance with all the other conditions in this agreement and with the following additions. a) Hazardous, Illegal or Dangerous goods, as classified by either English or International law, will not be carried, and the customer not the company shall be liable for any consequences or actions of any kind, resulting from the carriage or attempted carriage of any such items. b) The company shall not be liable for any loss, damage or other liability of any kind whatsoever, other than stated in section 7, resulting from goods deliveries arriving late for whatever reason, including but not limited to all the conditions in section 6 and in addition, mechanical breakdown, excessive traffic congestion, adverse weather conditions, customers delays, and any other delays out of the company's control. c) The company shall not be liable for any loss, damage or other liability whatsoever where fragile or electrical goods are shipped in any other packaging other than the manufacturers original packaging. d) Unless otherwise agreed in writing the method and route of transit shall be at the absolute and sole discretion of the company.
FAILED COLLECTIONS: When a booking is placed with us, the collection date specified during the ordering process by you is considered final, unless we are notified in advance and we agree to ammend the collection date. The consignment will be collected between 0800 and 1800 on the specified date. Should a collection fail to be made that is due to no fault of us or our courier partners, there will be a £10.00 + VAT surcharge for each additional collection attempt. No refunds shall be given and no exceptions will be made to this rule. Examples of failed collections include, but are not limited to: Wrong collection address provided, nobody at the collection property when the courier arrives, no access to the address due to obstructions out of the control of us or our courier partners, consignment is not prepared for collection or insufficiently packaged, overweight or oversized packages in contrary to what was declared at the time of the booking. Furthermore, Overland Express or our courier partners are not permitted to collect consignments from unattended locations, for example, cars, sheds or garages. The consignent must be collected from a person, otherwise this will also be considered a failed collection. Neither Overland Express or our courier partners are unable to contact you via any means prior to collection to advise of our arrival time. We enforce this policy as these charges are passed on to us by our courier partners.
FAILED DELIVERIES: Should a delivery fail to be made that is no fault of us or our courier partners, one further delivery attempt shall be made. If this second attempt fails, again, due to no fault of us or our courier partners, the delivery service shall be considered fulfilled by us, and no refund will be issued. Furthermore, it is also considered your responsibility to arrange collection of the consignment from our courier partner's delivery depot. Neither Overland Express or our courier partners are unable to contact you via any means prior to delivery to advise of our arrival time.
TERMS AND CONDITIONS SPECIFIC TO ALL OVERNIGHT SERVICES: All overnight services offered by the company, are undertaken in accordance with all other conditions in this agreement and the following additions, a) If the customer has paid a surcharge for a timed or Saturday delivery, and if the delivery is later than 15 minutes past the delivery time, the surcharge will be downgraded to the next bracket, this will continue up to a total of five hours late, at which point the delivery will not be charged. b) A shipment will be deemed lost, and claims procedures started if it arrives more than 30 hours past the original requested time.
Should you have any further questions, please do not hesitate to contact one of the Overland Express customer services team on +44 (0) 20 8977 2777 or Email us at firstname.lastname@example.org
8 Second Cross Road • Twickenham
Middlesex • TW2 5RF
VAT Number GB 193 199 863 • Copyright © 2020 Overland Express • All rights reserved