JJ Parcel Service Ltd TERMS AND CONDITIONS OF CARRIAGE

1 Definitions

• "Company" means any party authorised by JJ Parcel Service Ltd
• "Conditions" means the conditions of carriage set out in this document and includes any special terms and conditions agreed in writing by the Company
"Consignee" means the person or party to whom the Company contracts to deliver the Consignment

• "Consignment" means the goods or items to be carried in accordance with the Conditions 
  
• "Contract" means the contract of carriage between the Customer and the Company
  
• "Customer" means the person or party whose request for the provision of the Services is accepted by the Company 
  
• "Dangerous Consignment" means dangerous substances under the Carriage of Dangerous Goods Regulations 1996 as amended and any other substance presenting a similar hazard
  
• "Price" means the price as set out in any quotation price list or order (or when no price has been quoted a reasonable price) excluding VAT
  
• "Services" means the provision of carriage services as detailed overleaf or in such documentation or literature produced by the Company from time to time which the Company is to carry out in accordance with the Conditions 

2. CONDITIONS APPLICABLE:
2.1 The Company is not a common carrier
2.2 The Company shall provide the Services in accordance with terms agreed orally or in writing with the Customer subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representative of the Company and the Customer
2.4 Any representations made by the Company's employees or sub-contractors concerning the Services shall not be incorporated into the Contract unless confirmed by the Company in writing and in entering into the Contract the Customer acknowledges that it does not reply on and waives any claim for breach of such representations which are not so confirmed
 1. Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other documentation or information issued by the Company shall be subject to correction without any liability on the part of the Company 

3. CUSTOMERS OBLIGATIONS: 
3.1 The Customer shall ensure that each Consignment and each item thereof shall be securely and correctly packaged and clearly and properly labelled with the full and correct address and postcode of the Consignee
3.2  The Customer shall not without the prior written consent of the Company submit for carriage a Dangerous Consignment. If the Company agrees to accept a Dangerous Consignment for carriage it must be classified packed and labelled in accordance with all applicable statutory regulations
3.3  The Customer warrants that there are no special requirements for the carriage of the Consignment (whether as to temperature humidity or otherwise) and accordingly the Company shall have no liability in the event of any deterioration loss or damage to the Consignment arising from any such requirements
3.4  If the Consignment or any part of it is not the Customer's own unencumbered property the Customer warrants that it has the authority of all persons owning or having an interest in such Consignment to enter into this Contract and the Customer shall indemnify the Company against any loss damage or claims made upon the Company as a result of any want of such authority 
3.5 The Company shall not accept for carriage any of items contained in Prohibited Item List.

4.Inspection
Easysending has the right to open and inspect a Shipment without prior notice to Customer.

5. Charge & Billing
5.1  The price of the Services shall subject to clause 4.5 be Easysending's stated price, or where no price has been stated (or where a stated price is no longer valid), such price as Easysending shall notify to Customer. Where the Customer provides to Easysending a collection date more than 30 days from placing the order for shipping, Easysending shall be entitled to increase any price stated.

5.2  Easysending reserves the right, by giving written notice to the Customer at any time before service termination to increase the price of the Services to reflect any increase which is due to any factor beyond the control of Easysending (such as without limitation, changes in the Delivery Address or any changes instigated by the Customer any foreign exchange rate fluctuation, currency regulation, alteration of duties, significant increase in the cost of labour, duties or taxes levied by any governmental authority or statutory body, and any change in delivery date or Delivery Address.)

5.3  Price guarantees shall only apply to those main ports advertised on the Website and must be notified by the Customer to Easysending before payment is made to Easysending.

5.4   Easysending offer no guarantee to the charges applicable at the destination. Destination charges are outside of Easysending's control and any figures quoted by Easysending are an indication only.

5.5   Unless otherwise specified insurance (where opted for by the Customer), VAT and any other tax, duty or charge payable by the Customer shall be added to the price stated.

6 Terms of Payment
6.1 The Company shall only accept any "carriage forward" Consignment by arrangement and in such event the Customer shall not be required to pay the Price and VAT if paid by the Consignee

6.2  Subject to any special terms agreed in writing between the Company and the Customer the Company shall be entitled to invoice the Customer for the Price and VAT at the rate prevailing on the date of the Company's invoice before on or at any time after performance of the Services

6.3  The Customer shall pay the Price and VAT on date of booking 

6.4 Time of payment of the Price and VAT shall be of the essence of the agreement

6.5 If the Customer fails to make payment on the Due Date then without prejudice to any other right or remedy available to it the Company shall be entitled to: (a) cancel the Contract and/or suspend the provision of any further services to the Customer; and (b) charge the Customer interest (before and after any judgement) on the amount unpaid at the rate of 4% per annum above HSBC Bank Plc base rate from time to time until payment is made in full (part of a month being treated as a full month for the purpose of calculating interest) 

6.6 If the Price in respect of the carriage of any Consignment is to be calculated by reference to the weight of such Consignment and the weight is not stated on the relevant Consignment note or the weight stated is incorrect the Company shall be entitled to estimate or determine the actual weight of such Consignment and shall be entitled to increase the Price accordingly 

6.7 The Company shall have a general lien against the Customer where the Customer is the owner of the Consignment for any monies whatever due from the Customer to the Company. If such a lien is not satisfied within a reasonable time the Company may at its absolute discretion sell the Consignment or part thereof as agent for the Customer and apply the proceeds against any of the monies due and the expenses of the retention insurance and sale of the Consignment and shall upon accounting to the Customer for any balance remaining be discharged from all liability whatever in respect of the Consignment. Where the Customer is not the owner of the Consignment the Company shall have a particular lien against the said owner and shall be entitled to retain possession but not dispose of the Consignment against monies due from the Customer in respect of the Consignment 

6.8  All booking details and Payments made by Customer are based on correct information supplied on said time. If the Company deems it necessary to recharge or upgrade the Services no prior warning is needed. This can only be action by incorrect or false information supplied.

6.9 All transactions will be undertaken in GBP (Great British Pounds) Sterling.

7.Company's Liability

7.1 Subject as expressly provided in these Conditions the Company warrants that the Services will be performed with reasonable skill and care and in accordance with the Contract 

7.2 The Company shall be under no liability under any warranty condition or guarantee if the Price and VAT have not been paid by the Due Date 
 
7.3  The Company shall not be liable to the Customer by way of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company its employees or sub-contractors) which arise out of or in connection with the supply of the Services except as expressly provided in these Conditions 

7.4 Any liability of the Company hereunder in respect of any delay in performing or failure to perform the Services shall be limited to the cost to the Customer in the cheapest available market of similar services to replace those not performed
  
7.5 The Company shall not be liable for:-
7.5.1 damage to glassware or perishables, or loss of or damage to antiques, works of art, precious metals and stones, jewellery, watches, bullion, cashiers' cheques, currency, money orders, securities (including drafts, stocks and bonds and negotiable instruments in bearer form), travellers' cheques, stamps, second hand car parts, prepay telephone cards and vouchers, pasma tv's,white goods, electricity tokens and vouchers and similar vouchers, furs, liquor, wines and spirits, tobacco, cigars and cigarettes, SIM cards and personal effects; and in the case of International Consignments in addition to the aforesaid items drugs and pharmaceuticals, firearms, foodstuffs, human remains, lewd, obscene and pornographic materials, and plants and, in the case of all Consignments such other items as may from time to time be notified in writing by the Company to the Customer unless:- (a) the Company has specifically agreed in writing otherwise than by the signature or receipt of a Consignment Note to carry any such items; and (b) the Customer has agreed in writing to reimburse the Company in respect of all additional costs (including increased financial compensation) which result from the carrying of the said terms; and (c) the loss or damage is occasioned during Transit and results from one or more negligent acts or omissions by the Company; 
7.5.2  Loss or damage to Prohibited Goods or Awkward Loads. 
  
7.6.1 The Company shall not be liable for any loss or damage which has arisen from and the Company has used reasonable care to minimise the effects of:- (a) an Act of God; (b) any consequences of war, invasion, act of foreign enemy hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power or confiscation, acts of terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority; (c) seizure or forfeiture under legal process; (d) error, act, omission, mis-statement or mis-representation by the Customer or other owner of the goods or by servants or agents of either of them; (e) inherent liability to wastage in bulk weight, latent defect or inherent defect vice or natural deterioration of the goods; (f) insufficient or improper packaging; (g) the goods being of a fragile nature such that they cannot withstand the ordinary exigencies of carriage by a parcel Company; (h) insufficient or improper labelling or addressing; (i) riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause; (j) the Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered;(k) the act, default or omission of any HM Customs & Excise officials or other Government officials; (l) electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recordings in any form. (m) Force Majeure. 

7.7 The Company shall not in any circumstances be liable for loss of or damage to goods after Transit of such goods is deemed to have ended or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Company.

7.8 The Company shall not be liable in any way for any loss of or damage to goods arising from mis-delivery if the Customer shall have failed to state the Consignee's correct postcode at or before the commencement of Transit.

8. Limits for Claims
Claims for liability will not be accepted by the Company unless:
8.1   The Customer shall inspect the Boxes on their delivery at the Delivery Address. The Customer must record any damage to the Boxes or missing Boxes on the delivery note. If the Customer fails to sign [and annotate] the delivery note confirming all Boxes are present and undamaged, Easysending are unable to claim against the carrier and the Customer will be responsible for any replacement costs where damage has been caused to the Boxes.

8.2 (a) Made in writing within 7 days of termination of transit where a Consignment is damaged and so noted on Consignment or delivery documents.

(b) advised by 5 pm on the next working day after termination of transit and the written claim made within 7 days where a Consignment is damaged and not so noted or loss incurred from a parcel package or container or from an unpacked Consignment

(c) advised in writing within 28 days and a written claim made within 42 days of termination of transit where the whole Consignment or any separate parcel package or container forming part of a Consignment is lost or not delivered

8.3 Refund request should be made in writing and includes your full name collection and deliver addresses and the relvant consignment or parcel number as presented to you. They should either be E-mailed or posted to the address below. All refunds/claims will be treated in a manner consistent in guidance from the Office of Fair Trading.

8.4 Refunds from successful claims will be athourised within 14 days of receipt of the claim by either E-mail or post. Refund monies will be made to the payment card with which the original purchase was made.

8.5 Refunds will not be given for late collections, late deliveries or consequential loss or as any form of compensation. As soon as a collection attempt is made than no refund can be made. If you are out when we attempt to make a collection we can rearrange the collection for you but not refund the service. You must contact with in 24hrs of the expected time of collection if you would like us to arrange a new collection time.

9. Shipment Insurance
EASYSENDING can arrange insurance for Customer covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Customer completes the insurance section on the front of the waybill or requests it via Easysending's automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.

10. Delayed Shipments
EASYSENDING will make every reasonable effort to deliver the Shipment according to Easysending's regular delivery schedules, but these are not guaranteed and do not form part of the contract. EASYSENDING is not liable for any damages or loss caused by delays.

11.  TERMINATION
Without prejudice to any other right or remedy available to it the Company shall be entitled to cancel the Contract or suspend any further performance under the Contract without any liability on the part of the Company to the Customer and if the Services have been performed but not paid for the Price and VAT shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary in the event that: (a) the Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or a firm) becomes bankrupt or (being a company) goes into liquidation (other than for the purposes of amalgamation or reconstruction) (b) an encumbrance takes possession of or a receiver is appointed over the property or assets of the Customer (c) if the Customer (if not a consumer within the meaning of the Unfair Terms Act 1977) ceases or threatens to cease to carry on business (d) if the Customer breaches any of the Conditions (e) if the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly 

12.Governing Law
Any dispute arsing under of in any way connected with these Terms and Conditions shall be subject, for the benefit of EASYSENDING, to be non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Customer irrevocably submits to such jurisdiction, unless contrary to applicable law.

13.Severability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
 

Effective from 22 Jun 2007
(c) Easysending.com - JJ Parcel Service Ltd 2007