- Definition
The following definitions apply to the terms and conditions set out below that govern the contract of carriage and other services between you and us.
“we”, “us”, “our” and Freight Link Couriers means Freight Link Couriers and its employees, agents and independent contractors;
“you” and “your” means the sender or consignor;
“carriage” means and includes the whole of the operations and services undertaken by us in connection with the transportation of the shipment;
“consignment note” means information provided by you in paper or electronic form concerning the shipment;
“shipment” means goods or documents of whatever nature (whether in bulk or in one or more packages) which we have accepted for carriage from one address to another, whether under our consignment note or not;
“prohibited items” means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in or over which the shipment travels;
- Freight Link Couriers
Your contract of carriage and of other services is with Freight Link Couriers. You agree that we may subcontract the whole or any part of the contract of carriage or of other services on any terms and conditions we decide.
- Acceptance of Terms and Conditions
By giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
Even if the carriage of the shipment forms part of another type of contract between you and us, these terms and conditions apply to the contract agreed between you and us in respect of any carriage of goods pursuant to the contract.
- Inspection & Delivery Times
You agree that we or any governmental authority including customs and security may open and inspect your shipment at any time.
Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond our control are not included when we quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion.
- Incorrect Address or Details on Consignment
If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply. Deliveries to post office boxes are not accepted.
Where we are unable to complete the delivery of a shipment for whatever reason we will try to leave a notice at the receiver’s address stating that delivery has been attempted and the whereabouts of the shipment. If delivery has not been made after a second attempt by us, or the receiver refuses to accept delivery, we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action
- Special Delivery Instructions
You or the receiver of a shipment may give special instructions to us to deliver the shipment to another location/person or the receiver may indicate its wish to collect the shipment from a location approved by us. Where you request and we agree to enable this special delivery instructions service, the following provisions will apply:
Our providing of any delivery receipt upon which is listed the alternative person and/or delivery location shall constitute proof of delivery of the shipment. We shall also not be liable for any loss or damage in any way as a result of our performance of special delivery instructions;
- Senders Obligations
You warrant, represent and guarantee to us that:
The contents of the shipment (including but not limited to weight and number of items) have been properly described on our consignment note, have been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us. You have declared the correct weight of the consignment.
The consignee’s full address including postcode and contact details have been fully, accurately and legibly entered on our consignment note and on an address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us;
The contents of the shipment have been prepared and packed safely and carefully by you to protect against the ordinary risks of transport, or the performance by us of other services, including any associated sortation and/or handling process;
- Liability
We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
We are not liable if we do not fulfil any obligations towards you at all as a result of:
Circumstances beyond our control such as (but not limited to):
- Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
- Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
- National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
- Latent defects or inherent vice in the contents of the shipment;
- criminal acts of third parties such as theft and arson.
- Fees & Charges
You agree to pay our charges (including applicable surcharges) for the carriage of the shipment between the locations specified on the consignment note/contract of carriage, and any value added taxes within 7 days from the date of our invoice without withholding, deduction, counterclaim or set off.
You waive all your rights to challenge our invoices if you do not contest our invoice in writing within 7 days from the date of the invoice.
Our charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card or in the relevant contract. Our current rate card is available on request from our office.