Carriage

1. In these Conditions:
“Prohibited Items” means any hazardous or combustible materials, including fluids, paints, acids, chemicals, explosives or radioactive material, fire-arms or parts thereof; drugs, live or dead plants or animals, perishable or non-perishable foods, cosmetics and liquor, fine arts and antiques, literature or materials that may be pornographic, offensive or politically sensitive, precious stones or jewellery including commercial carbons or industrial diamonds, precious metals, gold or silver in the form of bullion, coin, dust cyanides, precipitates or any other form, currency (paper or coin), of any nationality, negotiable securities, stocks, bonds, certificates, coupons or stamps, negotiable cashier’s cheques, money orders or travellers cheques and any consignment the carriage of which is prohibited by any applicable legislation or regulations in the country of origin, transfixement on destination.
“You” shall mean the individual or legal entity contracting as sender of the goods or mail
“We” or “Us” shall mean the subsidiary or affiliate of Postal Logistics International, or the agent or subcontractor thereof who accepts your consignment.

2. If any legislation governs this contract or restricts our rights or immunities, these Conditions shall be read as subject to such legislation and nothing in these Conditions shall be constructed as a surrender by us of any of our rights or immunities or as any increase of any of our responsibilities or liabilities under such legislation and if any part of these conditions be contrary to such legislation to any extent and therefore unenforceable such part shall as regards this contract be void to that extent but no further.

3. We are not a common carrier and accept no liability as such. No person has our authority to waive or vary these Conditions and we reserve the right to refuse to carry any consignment at our discretion whether before or after carriage has commenced and upon such refusal, you shall have no right or recourse against us.

4. The consignment note constitutes the entire agreement for the carriage of your consignment between you and us. Where any consignment is tendered to us with oral or written instructions which may conflict with these Conditions, we shall not be bound by such instructions nor shall such instructions be considered as a variation or modification of these conditions or a waiver of any of the rights or liabilities or limitations of liability thereunder even in circumstances where we have, by conduct, apparently accepted the consignment on the basis of the tender.

5. When we are using a subcontractor to move your shipments you agree to the terms and conditions of transit established by the carrier used as expressed on their airway bill, consignment note or other carriage document.

6. You warrant that you have the authority of each person having any interest in the consignment to enter into this contract and you shall indemnify us against any liability whatsoever in respect of the consignment to any person who has or claims to have any interest in the consignment or any part thereof.




7. We shall be entitled to subcontract on any terms the whole or any part of the carriage and related services.

I You undertake to ensure that no claim or allegation shall be made by any person against any person by whom (in any capacity whatsoever) the carriage or any part thereof is performed or undertaken which imposes or attempts to impose upon any such person any liability whatsoever in connection with the consignment whether or not arising out of negligence on the part of such person. If such a claim or allegation should nevertheless be made you shall indemnify us, or the person against whom such claim or allegation is made against the consequences thereof.

II Every exemption, limitation and condition herein contained and every right, indemnity, exemption from liability, defence and immunity hereunder shall also be available and shall extend to protect: (a) all subcontractors; (b) every servant or agent of ours or of a subcontractor; (c) every other person by whom the carriage or any part thereof is performed or undertaken; and (d) all persons who are or might be vicariously liable for the acts or omissions of any described in (a), (b) or (c) hereof.

III Without prejudice to the foregoing and for the purpose of this Clause 6 we shall be deemed to be acting as agent or trustee on behalf of each such person and each of them shall to this extent be or be deemed to be a party to this contract.


8.
I. To the extent that we are liable for any breach of this contract or for negligence or otherwise then in any event such liability shall not exceed fifty UK pounds (UK£ 50.00) per consignment of items. General liability for consignments passing through, or temporarily stored at our premises, shall be covered by clients own “Goods in Transit” insurance.

II. Notwithstanding the foregoing our liability shall in no case extend to indirect or consequential damage, loss or expense including (without prejudice to the generality of the foregoing) loss of profits, opportunity, goodwill, reputation, anticipated savings or contracts howsoever caused.

III. For postal services we are only liable to the extent laid down by the UPU for compensation on items lost or damaged in the post.


IV. The limitations and exclusions contained in this Clause 7 shall apply to all loss or damage to or deterioration of the consignment or mis-delivery or failure to deliver or delay in delivery of the consignment whether or not the same occurs in the course of the performance by us or on our behalf of the contract or in events which are in our or your contemplation or are foreseeable by you or us.


9. You hereby authorise any deviation from the usual route or method of carriage of the consignment, which may in our absolute discretion, be considered desirable or necessary.



9.1 You authorise us to deliver the consignment or any part thereof at such Post office or subcontractor in such country as we may in our sole discretion decide. We shall not be liable nor shall we be required to compensate you or refund any moneys paid by you to us for the consignment or any part thereof for any loss damage or delay to the consignment or any part thereof arising from any actions by any Post Office and/or customs authority or persons acting on their behalf on any grounds but, in particular, the grounds that the consignment or any part thereof contravenes or is alleged to contravene Article 25 of the 1994 UPU Seoul Convention (and any amendment or replacement thereof) in any manner or form. A copy of this Article is available free of charge on request from our local office.

9.2 We shall take reasonable steps to return to you any consignment returned to us by any post office or subcontractor and for this purpose you expressly authorise us to open any such consignment to determine your return address. If we are unable after reasonable enquiry to ascertain to whom any consignment should be returned, we may dispose of or deal with such items in our discretion.

10. We shall use all reasonable endeavours to effect customs clearance but shall not be liable for any penalties imposed or loss incurred due to delay by customs authorities or due to the consignment being impounded by customs or other authorities and you shall indemnity us on demand in respect of any such penalty or loss.


11
I The charges applicable to the consignment shall be those ruling at the date carriage commences as agreed in writing or as shown in our published tariff (hereinafter called “the Charges”). The Charges, which are exclusive of Value Added Tax and customs duty where applicable, are subject to change up to the date upon which carriage commences without prior notice.

II The Charges shall be deemed fully earned as soon as the carriage is commenced and shall be payable and non-refundable in any event.

III You shall be liable for all duties, levies, taxes, imposts, deposits, insurances or outlays of any kind whatsoever (hereinafter referred to in this Clause 11 as “the Duties”) levied by any authority where so ever for or in connection with the contents of the consignment and for any payment, fine, expense, loss or damage whatsoever suffered or incurred by us in connection therewith.


IV Invoices are payable within seven (7) days of the invoice date and you may not defer or withhold payment pursuant to any invoice.

V We reserve the right to charge interest on all accounts overdue at 2% above the base-lending rate of our bankers until such time as the invoice has been paid.

VI We shall have a particular and general lien on any of your consignments in our possession or any documents relating thereto for all sums payable by you to us and for that purpose we shall have the right to sell any such consignments by public auction or private treaty without further notice to you.



12 You expressly warrant that:

I The particulars relating to the consignment as shown on the consignment note (including the declared value for customs) are correct and that the consignment is adequately labelled and addressed to enable effective delivery to be made without delay.

II The consignment does not contain any Prohibited Item nor Dangerous Goods (as described in Clause 13 below);

III You have complied with all laws and regulations relating to the nature, contents, packaging, labelling, place of origin or howsoever otherwise relating to the consignment and it’s carriage and that the consignment is packed in a manner adequate to withstand the ordinary risks of carriage having regards to its nature;

IV If the consignment comprises in whole or in part documents, such documents have neither commercial value or customs value in the country of destination;

And you shall indemnify us against any liability whatsoever resulting from or arising out of the breach of any such warranty.




13
I Without prejudice to the generality of the foregoing; you must not tender and we will not accept for carriage any Prohibited Item nor any item whose ultimate destination is the country from which the consignment originated.

II In the event that you deliver to us items which are unacceptable to us as documents, but which are acceptable to us as goods, then we shall use reasonable endeavours to advise you accordingly but shall not be obliged in any event to carry the items as documents.

III If you deliver items to us which are unacceptable as documents or goods or are items that you have undervalued either deliberately or inadvertently for customs purposes we shall use reasonable endeavours to contact you to determine whether you wish to continue the carriage of the items if such carriage is possible (all extra costs and charges being for your account) or to have the items returned at your risk and expense. If you cannot be located or if you refuse to accept liability for the additional charges, we may dispose of such items at our discretion.

In any event, it is your responsibility to ensure that all consignments are properly described and acceptable to us for the services designated by you and that no consignments are tendered to us, which are not so acceptable.

IV Compliance with all laws, customs, rules and regulations of the countries of origin, transit and destination respectively is your sole responsibility and where we consider that the carriage of the consignment is or may be illegal we may deal with it as we in our absolute discretion consider appropriate.

V Dangerous Goods

a) We do not accept Dangerous Goods as specified in the ICAO T.I., IATA DGR, IMDG-Code, ADR or other national or international regulations for surface transport or Dangerous Goods;
b) We do accept some Dangerous Goods for carriage in some countries if you have been accorded the status of an approved customer. These Dangerous Goods will only be accepted if they comply with the applicable regulations, and our requirements. A Dangerous Goods surcharge will apply.

VII Air Cargo Security Regulations

a) You shall ensure that the consignment does not contain a prohibited article as listed in Standard 4.1.1 of the Fifth Edition of ICAO Annex 17. You must give a full description of the contents of the consignment on the consignment note. All consignments are subject to security screening which may include the use of X-ray equipment;
b) You declare that you have prepared the consignment in secure premises, by reliable staff employed by you, and that the consignment has been protected against unauthorised interference during preparation, storage and transportation immediately prior to hand over to us.

VIII We reserve the right at our discretion to open and inspect at any time any consignment in order to ensure that such consignment is acceptable for transportation to the country of destination within our standard operating procedures, customs declarations and handling methods. Whether or not we exercise this right, we do not waive any of it’s other rights pursuant to these conditions, and in making such reservation or exercise such right we do not warrant that the Consignment or part thereof is acceptable to us or is capable of Carriage without infringing any applicable laws; customs; rules and regulations.


14. In any event subject only to Clause 7 hereof no claim in respect of loss of or damage or delay to any consignment or any part thereof may be made unless notice of the claim is lodged in writing at our office in the country where the carriage commenced within twenty-one (21) days after delivery was effected or would in the ordinary course of business have been effected. If no claim is made within the time aforesaid no action shall lie against us. In any event we shall be discharged from all liability whatsoever in respect of the consignment unless suit is brought within six (6) months from delivery or from the data on which in the ordinary course of business delivery would have been effected.

Effective Jan 1st 2009