1. Status of the Carrier
Same Days Courier Ltd acts primarily as a freight forwarder and transport intermediary. The Carrier may arrange transport through independent subcontractors, carriers, owner-drivers and Courier Exchange members. The Carrier may act as principal or agent and reserves the right to subcontract the whole or any part of the carriage.
2. Definitions
Customer means the contracting party. Consignment means all goods accepted for carriage. Consequential Loss includes loss of profit, revenue, business, contracts, goodwill, production losses, penalties and all indirect or economic losses.
3. Application of Terms
These Terms apply to all quotations, bookings and services and override any Customer terms unless expressly agreed in writing.
4. Quotations and Bookings
Quotations are based entirely on information supplied by the Customer. The Customer shall accurately declare dimensions, weight, quantity, collection requirements, delivery requirements, value and any special handling requirements.
5. Customer Warranties
The Customer warrants that goods are correctly described, legally transportable, properly packed, labelled and suitable for road transport within the UK and EU.
6. Subcontracting
The Customer expressly authorises the use of subcontractors. All exclusions, limitations and protections contained within these Terms extend to subcontractors, agents and independent carriers used by the Carrier.
7. Dangerous Goods
Dangerous, hazardous, restricted or prohibited goods must not be tendered unless disclosed and accepted in writing. The Customer shall indemnify the Carrier against all resulting claims, losses and liabilities.
8. Collection, Transit and Delivery
Transit commences when the Consignment is accepted and ends upon delivery, attempted delivery, collection by the Customer or expiry of reasonable notice. Delivery times are estimates only and time shall not be of the essence.
9. Loading and Unloading
Unless otherwise agreed, loading and unloading remain the responsibility of the Customer and Consignee. Driver assistance is provided entirely at the Customer's risk.
10. UK and European Transport
The Carrier may arrange transport within the UK and Europe. Customs, border formalities, inspections and governmental requirements remain the responsibility of the Customer unless otherwise agreed.
11. Charges and Payment
Invoices are payable in accordance with agreed credit terms. The Carrier may charge statutory interest, legal costs and debt recovery costs on overdue accounts.
12. Waiting Time and Demurrage
Reasonable loading and unloading periods are included. Additional waiting time, detention, failed collections and failed deliveries may incur additional charges.
13. Cancellation
Cancellation after vehicle allocation or dispatch may incur full charges together with any third-party costs incurred.
14. Liability
The Carrier shall only be liable for direct physical loss of or damage to a Consignment caused by proven negligence. The burden of proving loss and negligence rests with the Customer.
15. Exclusion of Consequential Loss
The Carrier shall not be liable for indirect, consequential, special or economic losses including loss of profit, contracts, production, goodwill, management time, business interruption, penalties or third-party claims.
16. Declared Value of Goods
The Customer must declare the true value of the Consignment at quotation and booking stage. Goods exceeding £10,000 must be specifically declared. The Carrier relies upon such declarations when pricing and accepting bookings.
17. Limitation of Liability
The Carrier's maximum liability shall not exceed £30,000 per Consignment unless expressly agreed in writing prior to collection. No quotation, booking confirmation or acceptance of goods shall increase this limit.
18. Mis-Declared Value
Where the Customer fails to declare the true value of goods, liability shall be limited to the lower of the value declared, the actual value proved or £30,000. The Customer acknowledges that the Carrier may have declined the booking, arranged additional insurance or charged a different rate had the true value been disclosed.
19. Insurance
The Carrier is not obliged to insure any Consignment. Customers are strongly advised to obtain cargo insurance covering the full replacement value of goods. Insurance maintained by the Carrier or subcontractors shall not increase contractual liability.
20. Future Liability Limits
The Carrier reserves the right to offer enhanced liability limits such as £50,000 or £100,000 per Consignment where separately agreed in writing and paid for by the Customer.
21. Claims Procedure
Visible damage claims must be notified within 48 hours. Concealed damage, shortages and non-delivery claims must be notified within 7 days. Supporting evidence must be provided within 14 days.
22. Customer Indemnity
The Customer shall indemnify the Carrier against all claims, liabilities, penalties, losses and expenses arising from inaccurate information, dangerous goods, breach of law, inadequate packaging or breach of these Terms.
23. Unclaimed Goods
The Carrier may store, return, sell or dispose of unclaimed goods after reasonable notice and recover all associated costs.
24. Force Majeure
The Carrier shall not be liable for delays or failures caused by circumstances beyond its reasonable control including weather, accidents, strikes, pandemics, border disruption, road closures or governmental action.
25. Confidentiality and Data Protection
Both parties shall comply with UK GDPR and applicable data protection legislation.
26. Fraud
The Carrier shall not be liable where any claim arises from fraud, misrepresentation or concealment by the Customer or owner of the goods.
27. UCTA 1977 Reasonableness
The parties acknowledge that the liability limitations and exclusions contained within these Terms are fair and reasonable having regard to freight forwarding practice, charges paid, availability of insurance, declared value requirements and the Customer's ability to obtain additional insurance.
28. Law and Jurisdiction
These Terms are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.
29. General
If any provision is unenforceable, the remainder shall remain in force. These Terms constitute the entire agreement between the parties.