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STANDARD TERMS AND CONDITIONS

STRIPE Courier Services Ltd (hereinafter referred to as “the Carrier”) is not a common carrier and accepts goods for carriage only upon that condition and the Conditions set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in any way unless expressly authorised to do so.

1. Definitions

In these Conditions:
“Trader” means the customer who contracts for the services of the Carrier.
“Contract” means the contract of carriage between the Trader and the Carrier.
“Consignment” means goods in bulk or contained in one parcel, package or container, as the case may be, or any number of separate parcels, packages or containers sent at one time in one load by or for the Trader from one address to one address.
“Dangerous Goods” means:
(a) Goods which are specified in the special classification of dangerous goods issued by the British Railways Board or which, although not specified therein, are not acceptable to the British Railways Board for conveyance on the ground of their dangerous or hazardous nature, or
(b) goods which, although not included in (a) above, are of a similar kind.

2. Parties and Sub-Contracting

(1) The Trader warrants that he is either the owner of the goods in any Consignment or is authorised by such owner to accept these Conditions on such owner’s behalf.
(2) The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the purpose of fulfilling the Contract in whole or in part and the name of every such other carrier shall be provided to the Trader on request.
(3) The Carrier Contracts for itself and as agent of and trustee for its servants and agents and every reference in Conditions 3-17 inclusive hereof to “The Carrier” shall be deemed to include every such other carrier, servant and agent with the intention that they shall have the benefit of the Contract and collectively and together with the Carrier be under no greater liability to the Trader or any other party that is the Carrier hereunder.

3. Loading and Unloading

(1) When collection or delivery takes place at the Trader’s premises the Carrier shall not be under any obligation to provide any plant, power, or labour in addition to the Carrier’s Carmen, required for loading or unloading at such premises.
(2) The Carrier shall not be required to provide service beyond the usual place of collection or delivery but if any such service is given by the Carrier it shall be at the sole risk of the Trader who shall indemnify the Carrier against all claims and demands whatever which could not have been made if such service had not been given.
(3) (a) Goods requiring special appliances for unloading from the vehicle by which they are carried are accepted for carriage only on condition that such appliances are made available by the Trader at destination.
(b) When the Carrier is, without prior arrangement in writing with the Trader, called upon to load or unload goods requiring special appliances for loading or unloading, the Carrier shall be under no liability whatever to the Trader for any damage whatever, however caused, arising out of such loading or unloading and the Trader shall indemnify the Carrier against all claims and demands whatever which could not have been made if such assistance had not been given.
(c) Additional charges will be applicable on excessive waiting times at pick-up or delivery addresses, time spent on loading/unloading large/multiple consignments and additional time due to abnormal access. Relevant details will be available on completion of the delivery.

4. Undelivered or Unclaimed Goods

Where the Carrier is unable for any reason to deliver a Consignment to the Consignee or as he may order, or where by virtue of the proviso to Condition 6(2) hereof transit is deemed to be at an end, the Carrier may sell the goods and payment or tender of the proceeds after deduction of all proper charges and expenses in relation thereto and of all outstanding charges in relation to the carriage and storage of the goods shall (without prejudice to any claim or right which the Trader may have against the Carrier otherwise arising under these Conditions) discharge the Carrier from all liability in respect of such goods, their carriage and storage.
Provided that:
(a) The Carrier shall do what is reasonable to obtain the value of the Consignment and
(b) the power of sale shall not be exercised where the name and address of the sender or of the consignee is known unless the Carrier shall have done what is reasonable in the circumstances to give notice to the sender or, if the name and address of the sender is not known, to the consignee that the goods will be sold unless within the time specified in such notice, being a reasonable time in the circumstances from the giving of such notice, the goods are taken away or instructions are given for their disposal.

5. Liability for Loss or Damage

(1) The Trader shall be deemed to have elected to accept the terms set out in (2) of this Condition unless, before the transit commences the Trader has agreed in writing that the Carrier shall not be liable for any loss or misdelivery of or damage to goods however or whenever caused and whether or not caused or contributed to directly or indirectly by an act, omission, neglect, default or other wrong-doing on the part of the Carrier. The Trader shall be responsible for all packing relating to goods being carried or despatched.
(2) Subject to these conditions the liability of the carrier in respect of any one consignment shall in any case be limited;
(a) Where the loss or damage however sustained is in respect of the whole of the consignment to a sum of £100 unless prior written notification is received enabling the carrier to make insurance arrangements and/or make an additional charge in relation thereto.
(b) Where loss or damage however sustained is in respect of part of a consignment to the proportion of the sum ascertained in accordance with (a) of this condition which the actual value of that part of the consignment bears to the actual value of the whole consignment.
Provided that:
(i) Nothing in this clause shall limit the carrier’s liability below the sum of £50 in respect of any one consignment.
(ii) the carrier shall not in any case be liable for indirect or consequential damages or for loss or a particular market whether held daily or at intervals, neither shall the carrier be liable for damages due to insufficient packing (see 5 (1) ).
(iii) The carrier shall be entitled to require proof of the value of the whole of the consignment.
(3) No insurance will be effected except upon prior instructions given by the Customer in writing and accepted by the Company in writing and all insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk. The Company shall not be under any obligation to effect separate insurance on each Consignment but may declare it on any open or general policy. Should the insurers dispute their liability for any reason the insured shall have recourse against the insurers only and the Company shall not be under any responsibility or liability whatsoever in relation thereto notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Company or paid by the Company by its Customer.
(4) Any claims shall be submitted in writing within 2 weeks of the carriage or despatch date and such claims must be acknowledged as having been received by the carrier.
(5) The carrier may destroy any documentation relating to any consignment after twelve weeks and its absence will not be held against the carrier.

6. Indemnity to the Carrier

The Trader shall indemnify the Carrier against:
(1) all consequences suffered by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses, and loss or damage to the carrying vehicle and to other goods carried) of any error, omission, mis-statement or misrepresentation by the Trader or other owner of the goods or by any servant or agent of either of them, insufficient or improper packing, labelling or addressing of the goods or fraud as in Condition 9;
(2) All claims and demands whatever by whoever made in excess of the liability of the Carrier under these Conditions;
(3) All loss suffered by and claims made against the Carrier in consequence of loss of or damage to property caused by or arising out of the carriage by the Carrier of Dangerous Goods whether or not declared by the Trader as such;
(4) All claims made upon the Carrier by H.M. Customs and Excise in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended.

7. Unreasonable Detention

The Trader shall be liable for the cost of unreasonable detention of any vehicle, trailer, container or sheet but the rights of the Carrier against any other person in respect thereof shall remain unaffected.

8. Impossibility of Performance

The Carrier shall be relieved of its obligation to perform the Contract to the extent that the performance thereof is prevented by failure of the Trader, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of the Carrier. (Particularly applicable in respect of international, Timed Same-day and Timed Overnight deliveries).

9. Invoicing/Payment

Invoices are rendered weekly or monthly and payment must be made within the agreed payment terms in accordance with the price list as varied from time to time as delivered by the Carrier. If payment is not made in accordance with agreed credit terms all outstandings are deemed to be payable on demand. We reserve the right to review account status and to apply account maintenance and administration charges if considered necessary. Charges and fees in accordance with Late Payment of Commercial Debts Regulations 2002 will be levied in the case that credit terms are not strictly adhered to.

10. Special Offers

All special offers are only available and applicable to the account customers of Stripe Courier Services Ltd. spending a minimum of £10 + vat per calendar month on invoicable courier services.

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