Same Days Courier Ltd
Terms of Carriage
Contents
1. Status of the Carrier
2. Definitions
3. Application and Acceptance of Terms
4. Quotations, Bookings and Customer Declarations
5. Customer Duties Before Booking
6. High-Value Consignments and Insurance
7. Packaging, Labelling and Condition of Goods
8. Dangerous, Prohibited and Restricted Goods
9. Subcontracting and Courier Exchange Transport Providers
10. Duties Before and At Collection
11. Loading, Unloading, Access and Waiting Time
12. Transit, UK and European Movements
13. Delivery, Proof of Delivery and Customer Duties at Delivery
14. Charges, Cancellations and Additional Costs
15. Liability of the Carrier
16. Exclusion of Consequential and Economic Loss
17. Declared Value, Mis-Declaration and Limitation of Liability
18. Insurance and Customer Responsibility for Cargo Cover
19. Claims Notification and Evidence Requirements
20. Claims Investigation, Preservation of Evidence and Insurer Cooperation
21. Customer Indemnity
22. Undelivered, Unclaimed or Refused Consignments
23. Confidentiality, Data Protection and Documents
24. Force Majeure and Events Outside the Carrier's Control
25. Fraud, Misrepresentation and Non-Disclosure
26. UCTA 1977 Reasonableness and Commercial Basis
27. Law and Jurisdiction
28. General Provisions
29. Website Publication and Contractual Notice
30. Important Customer Notice
1. Status of the Carrier
a) Same Days Courier Ltd, trading as Same Day Courier, is not a common carrier. The Carrier accepts goods for carriage only on the basis of these Terms and reserves the right to refuse any booking or Consignment at its discretion.
b) The Carrier acts primarily as a freight forwarder, transport arranger and transport intermediary. The Carrier arranges dedicated transport services for Customers using independent subcontractors, including courier companies, owner-drivers, hauliers, logistics providers and members of the Courier Exchange transport platform.
c) The Carrier may, depending on the circumstances of a booking, act as principal, agent, freight forwarder, transport broker or arranging carrier. Nothing in these Terms shall make the Carrier a common carrier or require the Carrier to accept any goods for carriage.
d) The Customer acknowledges that the Carrier does not generally operate its own fleet of vehicles and may not itself physically carry the Consignment. The Carrier may arrange carriage by third-party transport providers selected by the Carrier, including subcontractors who maintain their own Goods in Transit insurance.
2. Definitions
Booking: a request made by the Customer for carriage or transport services, whether by telephone, email, website, WhatsApp, text message, electronic platform, purchase order or any other means.
Carrier: Same Days Courier Ltd, trading as Same Day Courier, including its employees, agents, subcontractors and appointed representatives where the context permits.
Customer: the person, company, organisation or other legal entity requesting, booking or paying for the Carrier's services, including any person acting on behalf of the owner of the goods.
Consignment: all goods, parcels, pallets, packages, boxes, envelopes, documents, equipment, machinery, stock, materials or other items accepted or arranged for transport under a Booking, whether consisting of one item or multiple items.
Consignee: the person, company or location to whom or to which the Consignment is to be delivered.
Courier Exchange: the online transport platform or network through which independent couriers, hauliers and transport providers may be sourced by the Carrier.
Dangerous Goods: goods that are dangerous, hazardous, flammable, explosive, radioactive, toxic, corrosive, infectious, restricted, prohibited, regulated or otherwise requiring special handling, documentation or legal compliance, including goods subject to ADR, CDG or similar laws.
Consequential Loss: any indirect, consequential, economic or financial loss including loss of profit, revenue, business, production, contract, goodwill, reputation, opportunity, management time, penalties, liquidated damages, labour costs, rework costs, administrative costs or claims by third parties.
Full Responsibility: a contract or arrangement under which the Carrier may assume responsibility to the Customer subject always to these Terms, including the limitation of liability and exclusions contained herein.
Transit: the period during which the Consignment is in the possession, custody or control of the Carrier or its subcontractor for the purposes of carriage, subject to these Terms.
3. Application and Acceptance of Terms
a) These Terms apply to every quotation, Booking, collection, delivery, storage, transport arrangement and related service provided by the Carrier.
b) The Customer accepts these Terms by requesting a quotation, placing a Booking, instructing the Carrier, sending goods for collection, allowing goods to be collected, accepting delivery, paying an invoice or otherwise using the Carrier's services.
c) These Terms prevail over any purchase order, customer terms, standard conditions, email footer terms or other terms proposed by the Customer unless expressly accepted in writing by a director of the Carrier.
d) No employee, subcontractor, driver, agent or representative of the Carrier has authority to vary these Terms unless such variation is expressly agreed in writing by an authorised director of the Carrier.
e) Where these Terms are available on the Carrier's website, referred to in email footers, referred to in quotations or otherwise provided to the Customer, the Customer shall be deemed to have had reasonable notice of them before contracting.
f) If any part of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
g) Where applicable law imposes obligations that cannot lawfully be excluded, these Terms shall be read subject to those obligations only to the minimum extent required by law.
h) Headings are for convenience only and shall not affect interpretation.
4. Quotations, Bookings and Customer Declarations
a) All quotations are based entirely on information supplied by the Customer at the time of enquiry. The Customer is responsible for ensuring that all information provided is complete, accurate and not misleading.
b) The Customer must provide accurate details of the collection address, delivery address, contact names, telephone numbers, access restrictions, vehicle requirements, collection times, delivery requirements and any time-critical instructions.
c) The Customer must provide accurate details of the Consignment including description, number of items, number of pallets or packages, dimensions, weight, stackability, fragility, value, packaging method and any special handling requirements.
d) The Customer must declare before Booking whether the goods are high value, fragile, temperature sensitive, time critical, hazardous, restricted, irreplaceable, confidential, data-bearing, abnormal in size or otherwise requiring special arrangements.
e) Quotations are valid for seven days unless otherwise stated and may be withdrawn or amended at any time before acceptance.
f) The Carrier may revise a quotation, charge additional sums or refuse carriage where the information supplied by the Customer is inaccurate, incomplete, misleading or changes after quotation.
g) A Booking is not accepted until confirmed by the Carrier. The Carrier may refuse, cancel or decline any Booking where suitable transport is not available or where risk, value, goods type or operational circumstances make the Booking unsuitable.
h) The Customer acknowledges that the Carrier prices and accepts Bookings in reliance upon the declared value, nature, weight, dimensions and transport requirements of the Consignment.
i) If the Customer requires a specific vehicle type, tail lift, additional labour, timed delivery, dedicated vehicle, two-person crew or special equipment, this must be requested before quotation and confirmed in writing.
j) Any instruction given verbally must be confirmed in writing by the Customer where requested by the Carrier.
k) Where a Customer places a Booking on behalf of another person or owner of goods, the Customer warrants that it has authority to accept these Terms on behalf of that person or owner.
5. Customer Duties Before Booking
a) Before placing a Booking, the Customer must check that the goods are suitable for carriage by road and may lawfully be carried in the UK and, where relevant, across European borders.
b) The Customer must assess whether the Consignment requires special insurance, special handling, export or import documentation, customs declarations, licences, permits or regulatory approvals.
c) The Customer must ensure that the value declared to the Carrier is the full commercial value of the Consignment and not merely a replacement, manufacturing, cost, insured, book or internal transfer value unless clearly stated.
d) The Customer must consider whether the Carrier's standard liability limit is sufficient and, if not, must either arrange its own cargo insurance or request enhanced liability arrangements before Booking.
e) The Customer must ensure that the Consignment can be safely loaded, transported and unloaded without risk to persons, vehicles, premises or other goods.
f) The Customer must ensure that goods are not prohibited, restricted or dangerous unless expressly disclosed and accepted by the Carrier in writing.
g) The Customer must ensure that all contact details, reference numbers and instructions provided to the Carrier are accurate and that responsible persons will be available at collection and delivery points.
h) The Customer must ensure that any relevant purchase order, delivery note, packing list, invoice or other document is available before collection.
i) The Customer must keep and preserve records that may later be required in support of any claim, including invoices, packing records, loading records, CCTV footage, photographs and correspondence.
6. High-Value Consignments and Insurance
a) Goods exceeding GBP 10,000 in value must be specifically declared to the Carrier before Booking.
b) Goods exceeding GBP 30,000 in value must be notified in writing before quotation and before Booking. The Carrier may refuse the Booking, require additional insurance arrangements, impose special conditions, select a different subcontractor or charge a different rate.
c) The Carrier's current standard contractual liability limit is GBP 30,000 per Consignment unless a higher limit is expressly agreed in writing before collection.
d) The Carrier may in the future offer enhanced limits such as GBP 50,000 or GBP 100,000 per Consignment where separately agreed in writing and paid for by the Customer. Such enhanced limits shall not apply automatically.
e) No quotation, Booking confirmation, vehicle allocation, collection, delivery, invoice or acceptance of goods shall constitute acceptance of liability above the applicable written liability limit.
f) The Customer is strongly advised to arrange cargo insurance for the full value of goods where the value exceeds the Carrier's liability limit or where the goods are important, urgent, irreplaceable or commercially sensitive.
g) Insurance maintained by the Carrier or any subcontractor is for the benefit of the insured party and does not increase the Carrier's contractual liability to the Customer.
h) The Customer acknowledges that subcontractors may maintain Goods in Transit insurance limits lower than the Carrier's standard liability limit, including limits of GBP 10,000 per vehicle or Consignment.
i) The Customer agrees that full and accurate declaration of value is essential to enable the Carrier to assess risk, select suitable subcontractors and consider whether additional insurance or special conditions are required.
7. Packaging, Labelling and Condition of Goods
a) The Customer is responsible for ensuring that all goods are properly packed, protected, secured, labelled and documented before collection.
b) Packaging must be suitable for the nature, weight, fragility and value of the goods and must be sufficient to withstand normal road transport, handling, loading, unloading and securing.
c) Goods must be packed so that they do not cause injury, leakage, contamination, damage to vehicles, damage to other goods or breach of law.
d) Palletised goods must be properly secured to pallets, shrink-wrapped or banded where appropriate, stable, safe to move and suitable for forklift, pallet truck or tail lift handling as applicable.
e) Fragile, high-value, sensitive, temperature-sensitive, upright-only, non-stackable or specialist goods must be clearly labelled and expressly declared to the Carrier before Booking.
f) The Carrier is not responsible for loss or damage arising from inadequate, unsuitable or defective packaging, labelling, addressing or securing of goods.
g) Acceptance of a Consignment by the Carrier or subcontractor is not evidence that the goods were adequately packed or that the quantity, description, condition, weight or value declared by the Customer is correct.
h) The Customer should retain photographs, packing records, quality control records, dispatch notes and CCTV footage showing the condition and quantity of goods before collection.
i) Where goods are sealed, boxed, wrapped or palletised, the Carrier is not responsible for verifying contents unless expressly agreed in writing.
j) The Customer shall indemnify the Carrier against all claims arising from inadequate packaging, incorrect labelling, misdescription, leakage, contamination or unsafe goods.
8. Dangerous, Prohibited and Restricted Goods
a) Dangerous, hazardous, prohibited, restricted, regulated or unlawful goods must not be tendered for carriage unless fully disclosed to and accepted by the Carrier in writing before Booking.
b) Dangerous Goods include goods subject to ADR, CDG, customs restrictions, export controls, licensing requirements or any special transport, marking, packaging or documentation rules.
c) The Customer is responsible for identifying whether goods are dangerous, prohibited or restricted and for providing all required classifications, safety data sheets, Tremcards, labels, markings, packaging and documentation.
d) The Carrier may refuse to carry, stop, unload, store, return, isolate, dispose of or destroy any Dangerous Goods where reasonably necessary for safety, legal compliance or risk management.
e) The Customer shall be liable for all costs, losses, fines, penalties, claims, cleanup costs, vehicle recovery costs, storage costs, disposal costs and third-party claims arising from Dangerous Goods.
f) The Carrier shall not be liable for loss of or damage to Dangerous Goods unless expressly accepted in writing and unless liability cannot lawfully be excluded.
g) The Customer shall not tender illegal goods, controlled drugs, explosives, firearms, ammunition, radioactive material, waste, live animals, perishables, cash, bullion, jewellery, precious stones, negotiable instruments or other excluded goods without prior written agreement.
h) The Carrier may inspect any Consignment where it reasonably suspects a safety, security, legal or insurance issue.
i) Failure to declare Dangerous Goods shall constitute a serious breach of these Terms.
j) The Customer shall indemnify the Carrier and its subcontractors against all consequences of undeclared, misdeclared or improperly packed Dangerous Goods.
9. Subcontracting and Courier Exchange Transport Providers
a) The Customer expressly authorises the Carrier to subcontract the whole or any part of the carriage to independent transport providers, including Courier Exchange members, courier companies, owner-drivers, hauliers and logistics operators.
b) The Carrier may select, appoint and replace subcontractors at its discretion and is not required to obtain the Customer's prior approval for a particular subcontractor unless expressly agreed in writing.
c) The Customer acknowledges that subcontractors are independent businesses and may operate under their own insurance arrangements, vehicle types, operating procedures and contractual terms with the Carrier.
d) The Carrier shall be entitled to rely upon all limitations, exclusions, defences and protections in these Terms whether the alleged loss, damage, delay or misdelivery was caused by the Carrier, a subcontractor, driver, agent or other third party involved in the carriage.
e) Every subcontractor, driver, agent and representative engaged in connection with the carriage shall have the benefit of all exclusions, limitations and indemnities contained in these Terms so far as permitted by law.
f) The Carrier may disclose relevant shipment information to subcontractors for the purposes of carrying out the Booking.
g) The Customer shall not approach, settle with, release, compromise or prejudice any claim against any subcontractor in a manner that may prejudice the Carrier's rights of recovery or insurance position.
h) Where a claim arises, the Customer authorises the Carrier to obtain relevant documents, PODs, photographs, statements, tracking information, vehicle information and insurance details from subcontractors.
i) The Customer acknowledges that the Carrier may need to pursue recovery from subcontractors and that the Customer must cooperate with such recovery action.
10. Duties Before and At Collection
a) The Customer must ensure that goods are ready for collection at the agreed time and location.
b) The Customer must ensure that the collection address is accessible, safe and suitable for the vehicle requested or allocated.
c) The Customer must provide all necessary loading equipment, labour, forklift, pallet truck, loading bay, tail-lift access, ramps, cranes, slings or other equipment unless the Carrier has expressly agreed otherwise in writing.
d) The Customer must ensure that goods match the description, quantity, dimensions, weight and value declared at Booking.
e) The Customer must ensure that a responsible person is present at collection to identify the goods, provide documents, supervise loading and record any issues.
f) The Customer should prepare and retain a collection note, dispatch note, packing list or other document showing the number of items, description, apparent condition and packaging of the goods.
g) Where possible, the Customer should obtain photographs or CCTV evidence showing the goods before loading, during loading and after loading onto the vehicle.
h) Any shortage, damage, discrepancy, missing item, packaging defect or visible issue noted at collection must be recorded immediately on the collection documentation and reported to the Carrier.
i) If the Customer or its representative loads the vehicle, the Customer remains responsible for the manner of loading, weight distribution, securing and safe presentation of the goods unless expressly agreed otherwise.
j) If the driver assists with loading, such assistance is provided at the Customer's risk unless the loss or damage is caused solely by proven negligence of the Carrier or its subcontractor.
k) The Customer must provide any customs, security, delivery, site or booking reference documents required before the vehicle leaves the collection point.
l) Where goods are sealed, the seal number should be recorded and preserved by the Customer where applicable.
m) Failure to provide accurate collection documentation or evidence may prejudice any later claim.
11. Loading, Unloading, Access and Waiting Time
a) Unless expressly agreed in writing, the Carrier's obligation is limited to arranging transport from collection address to delivery address and does not include loading, unloading, handballing, unpacking, installation, assembly, positioning, removal of packaging or movement within premises.
b) The Customer and Consignee are responsible for providing safe access, suitable premises, suitable equipment and sufficient labour for loading and unloading.
c) The Customer must notify the Carrier before quotation of any requirement for driver assistance, handballing, two-person crew, specialist equipment, tail lift, forklift, upper floor access, basement access, restricted access or timed site booking.
d) Where such requirements are not disclosed, the Carrier may charge additional sums, delay the service, refuse collection or refuse delivery.
e) Reasonable loading and unloading time may be included in the quotation, but additional waiting time, detention, failed collection, failed delivery or site delay may be charged to the Customer.
f) The Customer is responsible for any damage caused to vehicles, equipment, property or goods during loading or unloading where caused by the Customer, Consignee, site operator or their equipment.
g) The Customer warrants that any equipment used for loading or unloading is safe, suitable, maintained and operated by competent persons.
h) The Carrier shall not be liable for loss or damage arising from unsafe loading, inadequate unloading facilities, unsuitable equipment, site restrictions or instructions given by the Customer or Consignee.
i) The Customer shall indemnify the Carrier against all claims, injuries, damage, costs and liabilities arising from loading, unloading, access restrictions, site conditions or customer instructions.
j) If the Consignee is not ready, refuses delivery or cannot unload, the Carrier may charge waiting time, redelivery, storage or return costs.
k) Demurrage, detention and waiting time charges shall be payable without deduction or set-off.
12. Transit, UK and European Movements
a) Transit commences when the Consignment is accepted by the Carrier or subcontractor for the purpose of carriage.
b) Transit ends when the Consignment is delivered, tendered for delivery, refused by the Consignee, returned to the Customer, collected by the Customer, placed into storage, or when reasonable notice has expired after failed delivery or inability to obtain instructions.
c) Delivery times, estimated arrival times and collection times are estimates only unless expressly agreed in writing by a director of the Carrier. Time shall not be of the essence.
d) The Carrier shall use reasonable endeavours to arrange carriage within the agreed times but shall not be liable for delay caused by traffic, weather, accidents, road closures, breakdown, border delays, customs checks, site delays, strikes, lack of instructions or events outside its reasonable control.
e) The Carrier may arrange transport throughout the United Kingdom and, where agreed, to or from European countries.
f) For European movements, the Customer is responsible for providing accurate customs information, commodity codes, EORI numbers, invoices, export documents, import documents, licences, permits and any documents required by customs or border authorities unless otherwise agreed in writing.
g) The Customer shall be liable for customs delays, inspections, fines, penalties, storage charges, taxes, duties and additional costs arising from inaccurate or incomplete documentation or regulatory non-compliance.
h) Unless expressly agreed, the Carrier does not provide customs brokerage, tax advice, import compliance advice or export compliance advice.
i) The Customer must ensure that goods may lawfully be exported, imported and transported through all relevant territories.
j) The Carrier may route goods as it considers appropriate unless specific routing instructions are accepted in writing.
k) The Carrier shall not be liable for any loss, detention, seizure, forfeiture or delay caused by customs, police, border, governmental or regulatory authorities.
l) The Customer shall indemnify the Carrier against all losses, costs, penalties and liabilities arising from customs or regulatory non-compliance.
13. Delivery, Proof of Delivery and Customer Duties at Delivery
a) The Customer must ensure that the Consignee is available and able to accept delivery at the agreed delivery address and time window.
b) The Customer must ensure that the delivery address is accurate, accessible, safe and suitable for the vehicle requested or allocated.
c) Delivery shall be deemed completed when the Consignment is delivered or tendered at the delivery address, signed for, photographed, electronically confirmed, accepted by the Consignee or left in accordance with instructions.
d) Proof of delivery may consist of a signature, name, electronic confirmation, photograph, GPS record, delivery note, email confirmation, platform record or other evidence reasonably accepted by the Carrier.
e) The Customer and Consignee must inspect the Consignment as soon as reasonably practicable upon delivery.
f) Any visible damage, shortage, broken packaging, missing item, seal discrepancy or delivery discrepancy must be recorded on the POD or delivery documentation at the time of delivery where reasonably possible.
g) If the Consignee signs or accepts delivery without noting damage or shortage, this may be treated as evidence that the Consignment was delivered in apparent good order and condition, subject to proof to the contrary.
h) The Consignee should retain photographs of any visible damage, packaging damage, shortage or discrepancy at the time of delivery.
i) Damaged goods and packaging must be preserved for inspection and must not be disposed of, repaired, altered, destroyed or returned without the Carrier's prior written consent unless required for health and safety reasons.
j) If delivery is refused, delayed or cannot be completed due to the Consignee, incorrect address, lack of access, lack of unloading facilities or lack of instructions, additional charges may apply.
k) The Carrier may store, return or redeliver the Consignment at the Customer's cost where delivery cannot be completed.
l) Any instruction to leave goods unattended, with a third party or without signature shall be at the Customer's risk unless the Carrier has agreed otherwise in writing.
m) The Customer shall ensure that all internal staff and Consignees are aware of the need to check goods and preserve evidence immediately upon delivery.
n) Failure to inspect, record discrepancies or preserve evidence may prejudice or invalidate any later claim.
14. Charges, Cancellations and Additional Costs
a) The Customer shall pay all charges in accordance with the quotation, Booking confirmation and agreed credit terms.
b) All charges are payable without deduction, withholding, counterclaim or set-off.
c) The Carrier may charge interest, compensation and recovery costs on overdue invoices in accordance with the Late Payment of Commercial Debts legislation or any applicable contractual right.
d) The Carrier may suspend services, withdraw credit facilities or require payment in advance where invoices are overdue or where the Customer's credit position changes.
e) Additional charges may apply for waiting time, failed collections, failed deliveries, redelivery, return, storage, out-of-hours work, additional distance, special handling, additional labour, customs delays, ferry costs, tolls, congestion charges, parking charges, fines caused by customer instructions and other costs reasonably incurred.
f) Cancellation after vehicle allocation may incur charges. Cancellation after dispatch or collection may result in the full charge being payable.
g) Where the Carrier incurs subcontractor cancellation charges or third-party costs, these shall be payable by the Customer.
h) If the Consignment differs from the declared weight, dimensions, quantity, description or requirements, the Carrier may charge the additional cost of suitable transport or refuse carriage.
i) Quotes are exclusive of VAT unless stated otherwise.
j) The Customer shall pay all duties, taxes, customs charges, storage charges, demurrage and other charges incurred in connection with the Consignment unless otherwise agreed in writing.
15. Liability of the Carrier
a) The Carrier shall only be liable for direct physical loss of or damage to the Consignment occurring during Transit and caused by the proven negligence of the Carrier or a person for whom the Carrier is legally responsible.
b) The burden of proving loss, damage, causation, negligence and value rests with the Customer.
c) The Carrier shall not be liable where loss or damage is caused or contributed to by customer fault, inaccurate information, inadequate packaging, inherent vice, natural deterioration, fragile nature, temperature sensitivity, delay, acts of public authorities, customs action, force majeure, unsafe loading or unloading, or any matter outside the Carrier's reasonable control.
d) The Carrier shall not be liable for loss or damage occurring before Transit commences or after Transit ends.
e) The Carrier shall not be liable for shortage where the number of items collected or delivered cannot be verified due to sealed, wrapped, palletised, boxed or uncounted goods unless there is independent evidence proving the shortage occurred during Transit.
f) The Carrier shall not be liable for damage to goods insufficiently packed or unsuitable for normal road transport.
g) The Carrier shall not be liable for delay unless expressly agreed in writing and only to the extent liability cannot lawfully be excluded.
h) No claim shall be accepted unless the Customer has complied with the claims notification, evidence preservation and cooperation requirements in these Terms.
i) Any liability of the Carrier shall be subject to all exclusions, limitations and defences contained in these Terms.
j) Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any liability that cannot lawfully be excluded.
16. Exclusion of Consequential and Economic Loss
a) The Carrier shall not in any circumstances be liable for Consequential Loss, indirect loss, special loss, economic loss or business interruption loss, whether arising in contract, tort, negligence, breach of statutory duty or otherwise.
b) Without limitation, the Carrier shall not be liable for loss of profit, revenue, production, contracts, opportunity, market, goodwill, reputation, management time, labour costs, administrative costs, rework costs, replacement production costs, penalties, liquidated damages or third-party claims.
c) The Carrier shall not be liable for costs arising from production line stoppage, missed deadlines, contractual penalties, loss of customer contracts, late delivery penalties or consequential losses resulting from delay, loss or damage.
d) The Customer is responsible for arranging insurance for business interruption, consequential loss and wider commercial risks if required.
e) The parties agree that the Carrier's charges are calculated on the basis that the Carrier does not accept liability for consequential or economic losses.
f) The exclusion of Consequential Loss is a separate and independent provision and shall apply even where the Carrier is liable for direct physical loss of or damage to goods.
g) This clause shall apply to the fullest extent permitted by law.
17. Declared Value, Mis-Declaration and Limitation of Liability
a) The Customer must declare the true full value of the Consignment at quotation and Booking stage and in any event before collection.
b) Where the Consignment consists of multiple boxes, pallets, packages or items, the Customer must be able to provide a breakdown of the value and contents of each item where reasonably requested.
c) Goods exceeding GBP 10,000 in value must be specifically declared to the Carrier before Booking.
d) Unless expressly agreed in writing before collection, the Carrier's maximum liability shall not exceed GBP 30,000 per Consignment.
e) The GBP 30,000 limitation applies to the entire Consignment, not to each package, box, pallet, item, delivery note, invoice line or individual component, unless expressly agreed otherwise in writing.
f) Where the Customer declares a value lower than the true value, the Carrier's liability shall be limited to the lower of the value declared, the actual value proved, the cost price proved, the value of the affected goods proved, or GBP 30,000.
g) Where the Customer fails to declare the true value before collection, the Customer acknowledges that the Carrier may have declined the Booking, required additional insurance, selected a different subcontractor, imposed special conditions or charged a different rate had the true value been disclosed.
h) The Customer acknowledges that the limitation of liability is reasonable because the Carrier arranges transport at competitive freight rates, relies on Customer declarations, uses independent subcontractors, and cannot price or insure unknown risks.
i) No employee, subcontractor or driver has authority to accept liability above the applicable limit.
j) No acceptance of goods, issue of a quotation, Booking confirmation, invoice, POD or email shall amount to acceptance of higher liability unless expressly agreed in writing by a director of the Carrier before collection.
k) Any enhanced liability limit, including any future GBP 50,000 or GBP 100,000 limit, must be expressly agreed in writing before collection and may be subject to additional premium, special conditions and full value declaration.
l) The Customer shall indemnify the Carrier against all liabilities, claims and costs arising from mis-declared value, inaccurate description or failure to disclose high-value goods.
m) Where only part of a Consignment is lost or damaged, liability shall be limited to the proven value of that part, subject always to the applicable liability limit and exclusions.
n) The Customer must provide documentary proof of value, including purchase invoice, sales invoice, commercial invoice or other evidence reasonably required by the Carrier or its insurers.
18. Insurance and Customer Responsibility for Cargo Cover
a) The Carrier is not obliged to insure any Consignment for the Customer's benefit unless expressly agreed in writing.
b) The Customer remains responsible for arranging cargo insurance for the full value of goods where required.
c) Any insurance maintained by the Carrier is subject to policy terms, conditions, exclusions, limits and excesses and does not create a direct right of claim by the Customer against the Carrier's insurers.
d) Any insurance maintained by a subcontractor is for the benefit of that subcontractor and does not increase the Carrier's contractual liability.
e) The Customer acknowledges that subcontractors may maintain Goods in Transit insurance at lower limits than the value of the goods and that this is one reason why accurate value declaration and customer insurance are essential.
f) Where the Customer requires the Carrier to arrange additional cover or accept higher liability, this must be requested and agreed in writing before collection.
g) The Carrier does not warrant that insurance will respond to any particular claim and shall not be liable where insurers decline a claim due to policy terms, exclusions, lack of evidence, late notification or customer failure to cooperate.
h) The Customer shall provide all information reasonably required by the Carrier, broker, insurer, loss adjuster or solicitor in connection with any insurance notification or claim.
i) The Customer shall not do anything that may prejudice the Carrier's insurance position or rights of recovery.
j) Payment of insurance premium by the Carrier or subcontractor shall not waive or vary these Terms.
19. Claims Notification and Evidence Requirements
a) The Customer shall notify the Carrier immediately upon becoming aware of any actual or potential loss, shortage, theft, damage, contamination, misdelivery, non-delivery or other incident affecting a Consignment.
b) Visible loss, shortage, damage or discrepancy must be notified in writing within 48 hours of delivery. Concealed damage, concealed shortage or non-delivery must be notified in writing within 7 calendar days of delivery or the expected delivery date.
c) The Customer must provide full supporting evidence within 14 calendar days of notifying the claim, or within such other reasonable period as the Carrier may agree in writing.
d) The Customer acknowledges that the Carrier, its broker, insurers, solicitors and loss adjusters may require detailed documentation before any claim can be investigated or considered. The Customer therefore agrees to provide, preserve and make available all documents and evidence reasonably required, including where applicable:
i) the Carrier's job reference, Customer reference, purchase order number, collection address, delivery address, collection date, delivery date and full contact details of all parties involved;
ii) a detailed written statement of claim explaining what is alleged to have happened, when the issue was discovered, who discovered it, the nature of the loss or damage, the amount claimed and how that amount has been calculated;
iii) copies of the original Booking request, quotation, Booking confirmation, email instructions, WhatsApp or text instructions and any amendments to the Booking;
iv) a full description of the goods, including make, model, serial numbers, batch numbers, part numbers, commodity details, quantity, weight, dimensions, packaging type and number of boxes, pallets or packages;
v) commercial invoices, purchase invoices, sales invoices, pro-forma invoices, proof of cost, proof of sale, proof of replacement cost and any other documents proving ownership and value;
vi) packing lists, dispatch notes, delivery notes, stock records, warehouse records, picking records, bill of materials or other records showing the quantity and contents of the Consignment;
vii) collection notes, signed collection receipts, loading records, driver notes, photographs, CCTV footage or other evidence showing the goods before collection, during loading and after loading where available;
viii) proof of the condition of the goods before collection, including photographs, inspection reports, quality control records, packing records, manufacturing records or other evidence where available;
ix) proof of delivery, electronic POD, signed delivery note, delivery photographs, GPS records, receiving records, goods-in records and any notes of damage, shortage or discrepancy made at delivery;
x) photographs of any damaged goods, damaged packaging, pallet damage, seal damage, vehicle damage, shortage, spillage or other visible evidence;
xi) copies of all correspondence with the Consignee, owner of goods, supplier, customer, subcontractor, insurer or any third party relating to the incident or claim;
xii) any letter, email, claim notification or allegation holding the Customer or Carrier liable;
xiii) repair estimates, replacement quotations, credit notes, debit notes, salvage valuations, scrap valuations and evidence of residual value;
xiv) details of any customer insurance, cargo insurance, stock insurance or other insurance that may respond to the loss;
xv) where theft, suspected theft, burglary, robbery, hijacking, criminal damage or unlawful removal is alleged, the police crime reference number, police station, reporting officer details, date of report and any police correspondence;
xvi) driver statements, witness statements, site reports, incident reports, CCTV footage, photographs, access logs and any relevant security records where available;
xvii) details of any steps taken to mitigate loss, recover goods, preserve goods, prevent further damage or reduce the amount claimed;
xviii) any customs documents, export documents, import documents, CMR consignment notes, transit documents, border inspection records or authority notices where the movement involved Europe or customs formalities;
xix) details of any previous damage, defect, shortage, warranty issue, manufacturing issue or known vulnerability affecting the goods;
xx) any other documents or information reasonably requested by the Carrier, its broker, insurer, solicitor or loss adjuster.
e) Failure to provide the required documents, evidence or cooperation may prejudice the investigation and may result in the Carrier rejecting the claim or limiting liability to the extent permitted by law.
f) The Customer must ensure that its own staff, warehouse operators, suppliers, Consignees and insurers cooperate in providing documents and evidence requested in connection with the claim.
g) The Carrier shall not be required to make any payment unless and until liability, causation, value and quantum have been established to the Carrier's reasonable satisfaction and subject always to these Terms.
20. Claims Investigation, Preservation of Evidence and Insurer Cooperation
a) The Customer must take all reasonable steps to preserve damaged goods, packaging, pallets, labels, seals, documents, photographs, CCTV footage and other relevant evidence until the Carrier and its insurers have had a reasonable opportunity to inspect or investigate.
b) Damaged goods must not be disposed of, repaired, altered, returned to stock, sold, scrapped, destroyed or moved without the Carrier's prior written consent unless required for safety, hygiene or legal reasons.
c) The Customer must allow the Carrier, its broker, insurer, solicitor, loss adjuster, surveyor or appointed representative reasonable access to inspect goods, packaging, premises, documents and records relevant to the claim.
d) The Customer must take reasonable steps to mitigate loss, prevent further damage and preserve any salvage or residual value.
e) The Customer must not admit liability, compromise any claim, agree settlement, issue credit, make payment, waive rights or release any third party from liability in a manner that may prejudice the Carrier or its insurers without the Carrier's prior written consent.
f) The Customer must not make any statement to any third party that may prejudice the Carrier's position or rights of recovery.
g) The Customer shall cooperate with the Carrier in pursuing recovery from any subcontractor, driver, warehouse, site operator, supplier, Consignee or other third party who may be responsible for the loss or damage.
h) Where goods are recovered after a claim has been made, the Customer must notify the Carrier immediately and provide details of condition, location and value.
i) If the Customer or Consignee refuses inspection or fails to preserve evidence, the Carrier shall be entitled to treat the claim as prejudiced.
j) Any survey, inspection, investigation, notification to insurers or request for documents shall not constitute an admission of liability by the Carrier.
k) The Carrier may notify its broker, insurers, subcontractors or legal advisers of any actual or potential claim without admitting liability.
l) The Customer acknowledges that late notification, missing documents, absence of POD comments, lack of photographs, disposal of damaged goods or failure to preserve packaging may make it difficult or impossible for the Carrier or insurers to investigate the claim.
m) The Customer shall ensure that any claim presented is honest, accurate and supported by genuine documents.
n) Fraudulent, exaggerated, misleading or unsupported claims may be rejected and may result in the Customer being liable for the Carrier's investigation and legal costs.
21. Customer Indemnity
a) The Customer shall indemnify and keep indemnified the Carrier against all claims, liabilities, losses, damages, costs, expenses, penalties, fines and legal costs arising from or connected with any breach of these Terms by the Customer.
b) The indemnity includes losses arising from inaccurate information, misdescription, mis-declared value, inadequate packaging, dangerous goods, customs non-compliance, illegal goods, unsafe loading, site conditions, customer instructions or failure to provide documents.
c) The Customer shall indemnify the Carrier against claims made by the Consignee, owner of goods, supplier, customer, insurer or other third party to the extent such claims exceed the Carrier's liability under these Terms.
d) The Customer shall indemnify the Carrier against all losses arising from customer fraud, concealment, misrepresentation or failure to disclose material facts.
e) The Customer shall indemnify the Carrier against fines, penalties, storage charges, demurrage, disposal costs, customs charges, duties and taxes arising from the Consignment or Customer instructions.
f) The Customer shall indemnify the Carrier against claims arising from data loss or disclosure where documents, electronic media or data-bearing equipment are carried without appropriate encryption, packaging and declaration.
g) The indemnity shall apply whether the claim is brought by the Customer, owner, Consignee, insurer or any third party.
h) The rights of the Carrier under this clause are in addition to and not instead of any other rights or remedies.
22. Undelivered, Unclaimed or Refused Consignments
a) Where a Consignment cannot be delivered because the Consignee is unavailable, refuses delivery, cannot unload, provides no access, gives inadequate instructions or for any other reason outside the Carrier's reasonable control, the Carrier may seek further instructions from the Customer.
b) If instructions are not provided promptly, the Carrier may store, return, redeliver, dispose of or otherwise deal with the Consignment as reasonably appropriate.
c) All costs of storage, redelivery, return, disposal, waiting time, administration and third-party charges shall be payable by the Customer.
d) If goods remain unclaimed after reasonable notice, the Carrier may sell or dispose of them and apply proceeds against outstanding charges and costs.
e) The Carrier shall use reasonable endeavours to obtain a reasonable value for goods sold but shall not be liable for any loss where sale or disposal is reasonably necessary.
f) Perishable, hazardous, deteriorating or low-value goods may be disposed of sooner where reasonable in the circumstances.
g) Title to goods shall not pass to the Carrier merely because goods are stored, detained or unclaimed, except to the extent required to permit sale or disposal under these Terms.
h) The Customer shall indemnify the Carrier against all consequences of undelivered, refused or unclaimed goods.
23. Confidentiality, Data Protection and Documents
a) Each party shall keep confidential the confidential business information of the other except where disclosure is required for the performance of the services, by law, by insurers, by advisers or by competent authority.
b) The Carrier may disclose shipment information to subcontractors, brokers, insurers, loss adjusters, solicitors, debt recovery agents and other persons where reasonably necessary for performance of the services, claims handling, insurance notification, debt recovery or legal compliance.
c) Both parties shall comply with applicable UK data protection laws.
d) The Customer shall avoid sending sensitive personal data, confidential documents or data-bearing media unless necessary and properly declared.
e) Data-bearing goods must be encrypted and properly protected. The Carrier shall not be liable for loss, disclosure or corruption of data except to the extent liability cannot lawfully be excluded.
f) The Customer is responsible for retaining copies of all documents required for transport, customs, delivery and claims purposes.
g) The Carrier may retain electronic records, PODs, photographs, communications and booking data for operational, accounting, insurance and legal purposes.
h) Where documents are required to support a claim, the Customer shall provide legible copies promptly.
24. Force Majeure and Events Outside the Carrier's Control
a) The Carrier shall not be liable for failure, delay, loss, damage or additional cost caused by events outside its reasonable control.
b) Such events include weather, flood, fire, storm, accident, traffic congestion, road closure, vehicle breakdown, strike, labour dispute, pandemic, epidemic, terrorism, war, civil unrest, border disruption, customs delay, government action, police action, port delay, ferry delay, fuel shortage, cyber incident, power failure or failure of a third-party platform.
c) The Carrier shall be entitled to suspend, delay, reroute, cancel or vary performance where reasonably necessary due to such events.
d) The Customer shall pay any additional costs reasonably incurred as a result of such events where they relate to the Consignment.
e) Time shall not be of the essence unless expressly agreed in writing by a director of the Carrier.
f) The Carrier shall not be liable for delay caused by lack of instructions, incorrect address, unavailable Consignee, insufficient documentation or customer default.
g) Where a force majeure event continues, the Carrier may return, store or dispose of the Consignment as reasonably appropriate.
h) Nothing in this clause affects the Customer's obligation to pay charges already incurred.
i) The Carrier shall use reasonable endeavours to communicate material disruption where practicable.
25. Fraud, Misrepresentation and Non-Disclosure
a) The Carrier shall not be liable where a claim arises from fraud, dishonesty, deliberate concealment, misrepresentation, false documents, exaggerated value or material non-disclosure by the Customer, owner, Consignee or their representatives.
b) The Carrier may reject any claim that is false, exaggerated, misleading or unsupported by genuine documents.
c) Where fraud or attempted fraud is suspected, the Carrier may notify insurers, police, regulators, subcontractors and legal advisers.
d) The Customer shall be liable for the Carrier's costs of investigating fraudulent or misleading claims.
e) The Customer must not alter, create, backdate or manipulate documents, photographs, PODs, invoices or evidence in connection with any claim.
f) Failure to disclose high-value goods, dangerous goods, fragile goods, special handling requirements or known defects may be treated as material non-disclosure.
g) The rights in this clause are without prejudice to any other rights or remedies of the Carrier.
26. UCTA 1977 Reasonableness and Commercial Basis
a) The parties agree that the exclusions and limitations in these Terms are fair and reasonable for the purposes of the Unfair Contract Terms Act 1977 and all other applicable law.
b) The Customer acknowledges that the Carrier provides freight forwarding and transport arrangement services at commercial freight rates and not at rates calculated to include unlimited liability or full cargo insurance.
c) The Customer has the opportunity before Booking to declare the true value of goods, request enhanced liability arrangements, arrange its own cargo insurance or choose not to proceed with the Booking.
d) The Customer acknowledges that the Carrier relies on the Customer's declarations of value, contents, weight, dimensions and risk when pricing and accepting each Booking.
e) The Customer acknowledges that the Carrier may use subcontractors who maintain their own insurance limits and that the Carrier cannot assess unknown or undisclosed high-value risks.
f) The Customer acknowledges that the GBP 30,000 limitation reflects the current commercial and insurance arrangements of the Carrier and is a material basis upon which the Carrier agrees to provide services.
g) The Customer acknowledges that greater protection may be available by separate agreement, separate insurance or enhanced liability arrangements where requested and agreed before collection.
h) The exclusion of Consequential Loss is reasonable because such losses may be disproportionate to freight charges and cannot be assessed or priced by the Carrier without full prior disclosure and special agreement.
i) The claims notification and evidence requirements are reasonable because prompt notification and preservation of evidence are necessary to investigate claims, preserve rights against subcontractors and comply with insurance requirements.
j) If any limitation or exclusion is held to be unreasonable or unenforceable in a particular case, it shall apply to the maximum extent permitted by law.
k) The parties intend these Terms to allocate risk clearly and commercially between them.
l) This clause does not exclude any liability that cannot lawfully be excluded.
27. Law and Jurisdiction
a) These Terms and any contract between the Carrier and Customer shall be governed by the laws of England and Wales.
b) The courts of England and Wales shall have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms, the services, any Booking or any Consignment.
c) The parties agree that English law and jurisdiction are appropriate having regard to the Carrier's place of business and the commercial nature of the services.
28. General Provisions
a) These Terms constitute the entire agreement between the Carrier and the Customer in relation to the services unless expressly varied in writing by a director of the Carrier.
b) No waiver by the Carrier of any breach shall be treated as a waiver of any other breach or future breach.
c) If any provision is held invalid, unlawful or unenforceable, it shall be modified to the minimum extent necessary to make it valid, lawful and enforceable or, if modification is not possible, deleted, and the remaining provisions shall continue in force.
d) The Customer may not assign its rights or obligations without the Carrier's prior written consent.
e) The Carrier may assign, transfer or subcontract its rights and obligations where reasonably required for business, insurance or operational purposes.
f) No third party shall have rights under the Contracts (Rights of Third Parties) Act 1999 except that subcontractors, agents, drivers and representatives may rely on the exclusions, limitations and protections in these Terms where applicable.
g) Notices may be given by email, post or other written communication to the last known address or email address of the relevant party.
h) Electronic communications, electronic signatures, electronic PODs, platform records, GPS records and photographs may be used as evidence.
i) The Customer shall ensure that its employees, agents, suppliers, warehouse providers, Consignees and representatives comply with these Terms where relevant.
j) Any reference to writing includes email and other durable electronic communication.
k) The singular includes the plural and references to persons include companies and other legal entities.
29. Website Publication and Contractual Notice
a) These Terms may be published on the Carrier's website and linked in email footers, quotations, booking confirmations and other communications.
b) The Customer acknowledges that website publication and email footer links provide reasonable notice of these Terms where the Customer has access to them before or at the time of contracting.
c) The Customer should read these Terms before placing a Booking and should contact the Carrier before Booking if it does not understand or agree with any provision.
d) Continued use of the Carrier's services after publication or notification of these Terms shall constitute acceptance.
e) The Carrier may update these Terms from time to time. The version applicable to a Booking shall be the version in force at the time the Booking is accepted unless otherwise agreed in writing.
f) Where the Customer maintains an account with the Carrier, these Terms shall apply to all Bookings under that account unless replaced or varied in writing.
g) The Customer is responsible for ensuring that its purchasing, logistics, warehouse and finance teams are aware of these Terms and their claims evidence obligations.
30. Important Customer Notice
1. Same Days Courier Ltd is a freight forwarder and transport intermediary. We may subcontract transport to approved independent transport providers, including Courier Exchange members.
2. You must declare the true value, contents, weight, dimensions and special requirements of your goods before booking.
3. Our current standard liability limit is GBP 30,000 per Consignment unless a higher limit is expressly agreed in writing before collection.
4. You should arrange your own cargo insurance where the value of goods exceeds our liability limit or where goods are high value, urgent, fragile, irreplaceable or commercially sensitive.
5. If a claim arises, you must notify us promptly, preserve goods and packaging, and provide all supporting evidence requested by us, our broker, insurer, solicitor or loss adjuster.
6. Failure to declare accurate information, preserve evidence or provide supporting documents may prejudice or invalidate a claim.