Prescription Collection Service T&C's -DPD and UK Mail (please scroll down to see UK Mail)
DPD Prescription Collection Service:
Terms & Conditions
DPD, a division of DPDgroup UK Limited (the "Company"), accepts goods for carriage and other services subject to the Standard Terms and Conditions set out below (these "Conditions"). No agent or employee of the Company is permitted to alter or vary these Conditions in any way unless expressly authorised to do so by an Executive Director of the Company.
Your attention is drawn to Conditions 10 and 11 which limit the liability of the Company, its employees and agents in certain circumstances.
The Company reserves the right to unilaterally modify or supplement the Services (defined below) and these Conditions.
1. Definition and Interpretation
3. Parties and sub-contracting
4. Goods not accepted for carriage or storage
5. Goods not meeting service description
6. Customer warranty
7. Receipt of goods
8. Transit and unclaimed goods and undelivered goods
9. Payment and pricing
10. Liability for loss and damage and delay
11. Limitation and exclusion of liability
12. Extended cover
13. Claims for compensation
14. Customers' indemnity
15. Extension of protection to employees and agents
16. Lien and disposal of goods
17. Proof of delivery
19. Use of customer data
22. Intellectual property
23. Governing law and jurisdiction
1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions:
(a) "Commodity Code" means the product specific code used to classify the goods comprised in any Consignment shipped internationally.
(b) "Consignee" means the person to whom the Consignment is addressed.
(c) "Consignment" means goods contained in one Delivery Item or any number of Delivery Items that are sent together from exactly the same address at one time in one load by or for the same Customer bearing exactly the same Delivery Address.
(d) "Contract" means the contract of carriage or contract for other services between the Customer and the Company into which these Conditions shall be deemed to be incorporated.
(e) "Customer" means the person, firm or company that enters into a contract of carriage or a contract for other services with the Company.
(f) "Dangerous Goods" means goods classified as dangerous goods by UNECE from time to time or by the IATA Dangerous Goods Regulations (DGR) or goods which present a comparable hazard. Dangerous Goods are also goods which can cause direct physical damage, are capable of causing injury to people or to their health, or are physically dangerous to other goods.
(g) "Delivery Address" means exactly the same address printed on the Delivery Item to which the Delivery Item is to be delivered under the Contract.
(h) "Delivery Item" means an Expresspak, Freight Parcel, International Expresspak, International Freight Parcel, International Parcel, Pallet, Parcel or Shop Parcel, as the case may be.
(i) "ESCD" means an electronic signature capture device which is capable of receiving, storing and transmitting Customer and Consignee information or the person goods are delivered to, including signatures.
(j) "Expresspak (Service)" means the service of that name purchased by the Customer for an item or items which weighs under 5 kgs and which is either placed within the Company's Expresspak or which is placed in the Customer's packaging and which has measurements of 0.1 metres high x 0.3 metres long x 0.3 metres wide, with a maximum girth (length + height + width) of 0.7 metres.
(k) "Freight Parcel (Service)" means the service of that name purchased by the Customer for an item which weighs between 31 kgs and 99 kgs or with measurements of more than 1 metre long, 0.6 metres wide and 0.7 metres high or which has a total girth (length + height +width) of more than 2.3 metres.
(l) "Homecall Parcel (Service)" means the service of that name purchased by the Customer for the delivery of a Parcel in the UK within 2 to 5 days.
(m) "Intellectual Property Rights" means patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
(n) "International Expresspak (Service)" means the service of that name purchased by the Customer for an item or items not exceeding 3 kgs in weight and not exceeding 0.5 metres in length and 1.11 metres girth (calculated as length + 2 x height + 2 x width) and which is either placed in the Company's Expresspak box or is placed in the Customer's packaging to be delivered to certain international destinations.
(o) "International Freight Parcel (Service)" means the service of that name purchased by the Customer for a parcel which weighs 31.5 kgs or more, up to a maximum of 99kgs, with a length of less than 1.75 metres or with a girth greater than 3 metres.
(p) "International Parcel (Service)" means the service of that name purchased by the Customer for a parcel which weighs no more than 31.5kgs in weight, is less than 1.75 metres in length, with total girth of less than 3 metres (calculated as length + 2 x height + 2 x width).
(q) "International Services" means services supplied by the Company outside the United Kingdom including without limitation, International Expresspak Services, International Freight Parcel Services and International Parcel Services.
(r) "Neighbour" means a person who lives or works in a property within 50 metres walking distance of the Delivery Address.
(s) "Pallet" means any item or items placed on a wooden or plastic board, containing either goods in bulk or any number of small containers with a maximum weight of 1000 kgs.
(t) "Parcel(s)" means an item which weighs no more than 31 kgs, and with measurements of less than 1 metre long, 0.6 metres wide and 0.7 metres high and which has a total girth (length + height + width) of not more than 2.3 metres.
(u) "Pickup (Service)" means the service where the Customer or the Consignee selects the option for the Parcel to be picked up or dropped off at a third party location, such as a local shop, which is close to the original Delivery Address ("Pickup Location") or where the Company elects to deliver the Parcel to such a third party location in accordance with Condition 8(e).
(v) "Scan Record" means a laser created electronic record which is created by the Company.
(w) "Service(s)" means the delivery services offered by the Company from time to time including, without limitation Expresspak Services, Homecall Parcel Services, International Services, Pickup, Shop Parcel Services and delivery services offered by the Company in relation to Parcels, Freight Parcels and Pallets.
(x) "Shop Parcel (Services)" means an item weighing up to 20kgs in weight, and with measurements of not more than 0.60 metres long, 0.60 metres wide and 0.60 metres high with no two sides exceeding 1.2m collectively, which is delivered to or collected from a Pickup Location.
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) A reference to a party includes its personal representatives, successors or permitted assigns;
(c) A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) Any phrase introduced by the terms "including", "include", "such as", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) A reference to "writing" or "written" does not include e-mails, unless expressly stated otherwise.
Back to top
(a) The Company agrees, subject to the Customer's compliance at all times with these Conditions, to carry Consignments agreed by the Company and the Customer, or to store goods in a building occupied by the Company, or to provide other services as agreed by the Company and the Customer.
(b) The Company is not a common carrier which means that it may refuse to carry the Customer's goods at its discretion. The Company will accept goods for carriage only on these Conditions.
(c) If Conditions 2(a) or 2(b) above are not met, the Company reserves the right to terminate the Contract immediately.
(d) These Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
(e) The Customer shall be deemed to have notice of and accepts these Conditions if and as soon as he places an order with, or accepts a tender from, the Company for the carriage of goods or other services.
(f) The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
(g) The Company reserves the right to inspect all Consignments for goods including, but without limitation, those which may be:
i. Dangerous Goods;
ii. incompatible with the Company's network;
iii. incapable of carriage to the country of destination within the Company's standard procedures, customs, declarations and handling methods; or
iv. non-compliant with any law.
(h) For shipments outside the EU, the Customer shall, in relation to each of the goods comprised in each Consignment, provide the Company with:
i. a commercial invoice (including a clear, accurate and unambiguous description of the goods) or electronic data where applicable;
ii. a Commodity Code for each of the goods;
iii. written notification in advance of any Consignments and/or goods comprised within Consignments which are not standard or permanent exports (for example, temporary exports such as repairs that will be returned to the UK); and
iv. any information required by any relevant customs authorities or the Company.
(i) The Customer acknowledges and agrees that:
i. in relation to the goods, the Customer is either solely beneficially entitled to the goods or has the authority of all those interested in the goods to enter into this contract and to bind them to its terms;
ii. it is the exporter of the goods comprised in any Consignment and will be responsible for the accuracy of all information supplied to the Company;
iii. if there is any missing data, an incomplete or incorrect invoice, this may result in the Delivery Item(s) being held or returned; and
iv. if any Commodity Code is missing, the Company may (at its option);
1. use the general Commodity Code based on the description of the goods given by the Customer; or
2. hold the goods pending receipt of the Commodity Code from the Customer or return the goods to the Customer; but the Company accepts no responsibility if the Commodity Code used is incorrect and the Customer shall indemnify the Company in accordance with Condition 14(a).
Back to top
3. PARTIES AND SUB-CONTRACTING
(a) Where the Customer is not the owner of some or all of the goods carried or stored, the Customer shall be deemed for all purposes to be the agent of the owner(s) and that if any other person has an interest in the goods the Customer is acting as his fully authorised agent.
(b) The Company may employ any other carrier or warehouseman to fulfil the Contract. Any such carrier shall be entitled to sub-contract and these Conditions shall apply to such carriers on like terms.
Back to top
4. GOODS NOT ACCEPTED FOR CARRIAGE OR STORAGE
(a) The Company shall not accept certain goods for carriage or storage, including, but not limited to, any of the following goods:
i. Dangerous Goods, hazardous goods, flammable goods; or
ii. firearms, tobacco products, works of art, jewellery (including watches), cash, glass or any articles (or part of them) that are made up of glass, porcelain, earthenware or other similar materials, documents which can be exchanged for cash or goods or services (for example cheques, vouchers with a face value, event tickets), personal effects, precious metals (including gold or silver items), antiques, furs or any other valuables, alcohol including wines, beers and spirits, liquids of any kind, televisions or monitors with screens larger than 37", body parts or human remains, living or dead animals, fish or birds, or any living organism of any type (including trees and plants), food (unless the Customer complies strictly with the Company’s requirements for the carriage of food (details available on request)) and “Non Excepted Batteries”; or
iii. any goods prohibited by the law or regulation of any government or public or local authority of any country where the goods are carried; or
iv. any goods which require temperature controlled transport;
unless an Executive Director of the Company has notified the Customer in writing that they are accepted and, unless such notice has been given in writing, the Company shall have no liability whatsoever, including losses arising from negligent acts of the Company, in respect of them.
(b) The Company may impose additional restrictions depending upon destination of delivery and the service being provided. The Customer acknowledges that regulatory and custom clearances may be required for certain goods, which may extend the transit time and may delay delivery.
(c) The Company reserves the right to reject or destroy Consignments at its reasonable discretion, including for reasons of security or safety, and shall have no liability whatsoever, including losses arising from such rejection or destruction.
Back to top
5. GOODS NOT MEETING SERVICE DESCRIPTION
(a) If the Customer books or requests the collection of goods which do not meet the description of the relevant Service in Condition 1, the Company reserves the right:
(i) to refuse to collect the goods even if the Customer has been given a consignment or order number;
(ii) (if the Company collects the goods), to refuse to store or deliver goods and to return the goods to the Customer as soon as reasonably practicable, but at the Company’s cost;
(iii) (if the Company collects and stores or delivers the goods), to process the goods as "Freight Parcel(s)" which means in particular that the Company will charge the Customer according to its freight tariff and its liability for loss or damage under these Conditions will be on the basis that the goods are a Freight Parcel.
(b) Where the Company returns the goods to the Customer under Condition 5(a)(ii) these Conditions shall apply to the carriage of the goods (except Condition 9) but the Company shall have no liability to the Customer whatsoever for the Company’s failure to deliver the goods.
Back to top
6. CUSTOMER WARRANTY
(a) The Customer warrants, undertakes and represents that:
(i) the goods have been properly and sufficiently packaged and labelled for the intended Service and destination, so that the Consignment will not be lost or damaged whilst being transported or cause injury or damage to any person or any property or other goods;
(ii) the labelling on the Consignment includes the full address, postcode or zip code of the person or company sending the package and the Consignee;
(iii) it will correctly package an Expresspak item in a single Expresspak box or bag, or in its own packaging in accordance with Condition 6(a)(i) and with the correct dimensions and weight, otherwise the goods will be processed as either one or more Parcels or Freight Parcels according to their weight or measurements;
(iv) the goods comprised in any Consignment are not subject to any licences, permits, certificates, restrictions, or anti-dumping or countervailing laws or regulation;
(v) the goods are not destined for any country, company, organisation or individual that is subject to any export control list;
(vi) all plant, power or labour required by the Company is available for loading and unloading any Consignment at any collection or delivery point specified by the Customer or recipient;
(vii) it will inform the Consignee of the delivery details of the Consignment. The Company may impose a charge upon the Customer for each or any wasted journey made in attempting to deliver the goods;
(viii) where the Customer passes the Consignee’s personal data to the Company, the Customer shall ensure it has the right to do so and shall obtain any necessary consents from the Consignee in accordance with Condition 19.
(b) The Customer shall ensure that each Consignment complies with the weight, measurements and length applicable to that Consignment as set out in the relevant definition of Parcel, Shop Parcel, Pallet, Freight Parcel, International Parcel, International Freight Parcel, Expresspak or International Expresspak, as applicable.
Back to top
7. RECEIPT OF GOODS
(a) When receiving Consignments, the Company may scan the Consignment. This will produce a Scan Record as evidence of receipt of the Consignment.
(b) The Company shall, if so required, sign a document prepared by the Customer, acknowledging receipt of the Consignment or goods, but neither the Scan Record nor the Customer document shall be evidence of the condition or correctness of a declared nature, quantity or weight of the Consignment at the time it is received by the Company.
Back to top
8. TRANSIT AND UNCLAIMED GOODS AND UNDELIVERED GOODS
(a) Transit shall commence when the Consignment is passed to the Company whether at the point of collection, at its premises or at a Pickup Location. The Company is entitled to carry goods by any means of transport and by any route whatsoever.
(b) Transit shall (unless the Company previously decides otherwise) end either:
(i) when the Consignment is offered for delivery at the Delivery Address;
(ii) when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place;
(iii) when, in accordance with instructions, the Consignment is made available for collection at one of the Company’s depots;
(iv) when the Consignment is offered for delivery in accordance with Condition 8(e); or
(v) when the Consignment is held by the Company for collection following attempted delivery when the Consignee or a person authorised on the Consignee’s behalf collects the Consignment from the Company’s depot; and
in the event that the Company holds Consignments pursuant to Conditions 8(b)(iii) and 8(b)(v) delivery shall be deemed to have ended if the Consignment is not collected within a reasonable time and the Consignment shall be held solely at the Customer’s risk and subject to disposal in accordance with Condition 16.
(c) Subject to Condition 8(e), and except in relation to Conditions 8(b)(iii) and 8(b)(v), where for any reason whatsoever the Company cannot carry the Consignment to the Delivery Address or the Company cannot effect delivery at the said address, the following will apply:-
(i) the Company will endeavour to contact the Customer and request a new address and/or the required details to which the Consignment can be delivered in the country in which the Consignment is then lying; and
(ii) if the Company cannot contact the Customer within a reasonable time, or if the Customer does not give the Company a new address and/or the required details for delivery within a reasonable time, the Company has the right to deal with the goods in accordance with Condition 16. During storage, at any time prior to any disposal or destruction in accordance with Condition 16, the goods shall be held solely at the Customer’s risk.
(d) The decision as to what constitutes a reasonable time under Conditions 8(b) and 8(c) is entirely at the Company’s discretion.
(e) Unless the Customer notifies the Company in writing otherwise and such notice is formally acknowledged in writing by the Company, the Company shall be entitled to deliver the Consignment to a Neighbour of the Consignee’s address, a concierge at the Consignee’s building or a Pickup Location within the Company’s delivery hours and, for the purposes of Condition 8(b), transit of the Consignment shall be deemed to have ended at the time of delivery to such Neighbour or obtaining a signature from a concierge or other recipient, leaving the Consignment at the Consignee’s building or the Pickup Location.
Subject to Condition 10(c), any specific timescales for delivery and/or collection which the Company gives are estimates only. The Company shall not be deemed to be in breach of the Contract or have any liability to the Customer (whether in contract, tort, negligence or otherwise and howsoever arising) for any failure to fulfil any delivery and/or collection within any specified timescales.
Back to top
9. PAYMENT AND PRICING
(a) The Company's charges for carriage and other services shall be payable by the Customer, however, the Company shall also have the right to demand and obtain payment from the sender (if different from the Customer) or the Consignee, or from any other person who may be liable to pay the charges.
(b) Payment of the Company's charges is due no later than the date specified on the Company's invoice/statement or such other period as may be expressly agreed with the Customer in writing by an Executive Director. If any payment under the Contract is overdue then, without prejudice to the Company's other rights and remedies, the Customer shall pay interest on the overdue amount (whether before or after judgment) at the statutory rate of interest payable on late payments from time to time, such interest to accrue on a daily basis, from the due date for payment until payment is made in full. The Company reserves the right to withhold its services until the Customer has paid in full any overdue sums.
(c) For all shipments outside the UK, the Company reserves the right to charge the higher of:-
i) the volumetric weight (guidance at http://www.dpd.co.uk/content/products_services/shipping_advice.jsp ); or
ii) the actual weight; for all Consignments.
(d) A claim or counterclaim by the Customer shall not be made the reason for deferring or withholding payment or monies payable, or for refusing to reimburse liabilities incurred by the Company.
(e) Where the Company’s charges are paid by credit card or debit card up to 2% of the invoice value will be added to the invoice to cover the bank charges that the Company incurs.
(f) The Company shall be entitled at any time and from time to time to increase the Company's charges for carriage or other services by giving to the Customer not less than 7 days’ prior written notice to accord with increases in relevant costs of the Company's business including but not limited to, fuel, congestion charges, licence fees, postal fees and labour.
(g) The maximum conveyable length for International Parcels is 1.2m. The Company has the right to charge an additional fee or terminate its contract with the Customer if more than 35% of its International Parcels exceed the conveyable length.
(h) All amounts payable by the Customer are subject to Value Added Tax which shall be charged at the applicable rate.
(i) In the event that the Company pays or agrees to pay to any third party any duty and/or taxes and/or levy in respect of any Customer's goods:
(i) the Company shall do so on the sole basis that in doing so it is acting as the Customer's fully authorised agent;
(ii) whether or not delivery of the goods is made to the Consignee's address, immediately upon receipt of the Company's duty invoice in respect of such duty and/or tax and/or levy the Customer shall settle such duty invoice in full;
(iii) in the event of the Customer failing to comply strictly with Condition 9(i)(ii) above, the Company shall be at full liberty to deal with the goods in accordance with Condition 16.
(j) The Customer shall pay to the Company any duties, taxes, levies, customs assessments, fines or other penalties and unusual costs, claims and expenses (including administrative costs) incurred by the Company as a result of it conveying the goods.
(k) The Customer must notify the Company about any query in relation to any invoice from the Company within 14 days of the invoice date and confirm that query by notice in writing within 28 days of the invoice date. If the Customer does not do this, the Company will not be liable (whether in contract, tort, negligence or otherwise and howsoever arising) for any error in the invoice nor shall the Company be required to re-pay any sums paid by the Customer unless the Customer can prove that:
(i) it was not reasonably possible for the Customer to notify the Company of the query, or confirm it in writing, within the time set above; and
(ii) the notification or confirmation was made at the first reasonable opportunity and in any event no later than 6 months after the invoice date.
Back to top
10. LIABILITY FOR LOSS AND DAMAGE AND DELAY
(a) Subject to the provisions of this Condition 10 and Conditions 4, 11, 12 and 13, the Company shall be liable for any physical loss of, or physical damage to, goods during transit (as defined in Condition 8, and storage (other than storage under Condition 8(c)(ii)), except to the extent that such loss or damage has arisen from or consists of:
(i) the Customer or Consignee not taking or accepting delivery within a reasonable time;
(ii) a breach of any of the Customer warranties set out in Condition 6, including insufficient or improper packing, labelling or addressing, including incorrect or missing postcode information;
(iii) loss, damage or breakage of articles of, or for that part of any articles that comprise of goods which are not accepted for carriage or storage by the Company as set out in Condition 4;
(iv) any special handling requirements in respect of the goods which have not been notified to the Company;
(v) any act or omission of the Customer or owner of the goods or of the servants or agents of either;
(vi) inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods, wear and tear, depreciation, moths, vermin, or the effect of any process of cleaning, dyeing or restoring any article;
(vii) delay in providing the Company with safe and adequate access and/or delivery instructions;
(viii) act of God;
(ix) seizure under legal process;
(x) defect of any equipment supplied by the Customer or the receiver of the goods or any negligence of the Customer’s servants or agents;
(xi) any force majeure event as detailed in Condition 18;
(xii) fraud by the Customer or the owner of the goods or the servants or agents of either.
(b) For the avoidance of doubt, where the Consignment was not in transit or in storage (as defined in Condition 8) at the time of the loss and/or where the Consignment does not have a Scan Record showing that the goods were provided to the Company, then the Company shall not be liable for loss or damage to the goods.
(c) Where the Customer selects a Service and the Company delivers any Consignment after the time envisaged by the selected Service, the Customer's sole and exclusive remedy for any losses (whether in contract, tort, negligence or otherwise and howsoever arising) shall, subject to Conditions 9(d), 11 and 12, be a reduction in the price payable to the Company so as to reflect the Service actually received.
Back to top
11. LIMITATION AND EXCLUSION OF LIABILITY
(a) Subject to Conditions 4, 10, 12, 13 and 14 hereof and the other provisions of this Condition 11, the Company's liability (whether in contract, tort, conversion, negligence or otherwise and howsoever arising) for the loss of or damage to any goods and/or for any other matter (howsoever arising) under or in connection with a Contract shall be limited to the lesser of:
(i) for goods carried within the United Kingdom:
a. £100 per Expresspak, Parcel, Freight Parcel or Shop Parcel, unless the Customer has purchased 'Extended Cover' in accordance with Condition 12; or
b. for Pallets, the limit of liability will be £1.50 per kg of gross weight lost or damaged with a maximum liability of £1500 per Consignment. If a Pallet weight is undeclared on the Consignment note, the maximum liability is £150 per Consignment; or
c. £25 per Homecall Parcel; and
d. the actual value of the goods lost or damaged.The Company shall calculate the actual value of any goods lost or damaged as the lower of the repair cost, or replacement cost, or resale or market value of the goods at the time and place of collection. The actual value will not be more than:
1. the original cost of the goods the Customer has actually paid for or, if the Customer is the manufacturer of the goods, the manufacturing cost of the goods; or
2. the replacement cost of lost or damaged goods, and the Customer must provide proof of the replacement cost of the goods lost or damaged; or
3. the repair cost of damaged goods, and the Customer must provide proof of the repair cost of the goods damaged.
(ii) for all International Services (subject to any 'Extended Cover') purchased by the Customer):
a. if carriage by road, the liability cap set out in the provisions of the Convention on the Contract for the International Carriage of Goods by Road ("CMR") May 1956 Geneva as amended by the Protocol of July 5th 1978 Geneva and the Protocol of 2008 Geneva apply or;
b. if carriage by air, up to $100 per Consignment, unless the Warsaw Convention of 1929 as amended by the Protocol signed in the Hague on September 28th 1955, the Protocol signed in Guatemala City on 8 March 1971 and the Montreal Convention 1999 ("Warsaw Convention") operates;
c. for all Consignments undertaken as part of services tailored by the Company to the Customer's individual requirements, these services shall be subject to any limitation of liability set out in the current BIFA (British International Freight Association) Conditions; and
d. the repair or replacement cost of lost or damaged goods, and the Customer shall provide proof of the repair or replacement cost of the goods lost or damaged;
(iii) for goods held in storage or for other services, the Company's liability shall not exceed a total £0.10 per kilo gross weight lost or damaged, with a maximum liability of £1000. If no weight is declared then the Company’s maximum liability will be equal to one tonne.
(b) Subject to Condition 11(c), CMR, and the Warsaw Convention but notwithstanding anything to the contrary in these Conditions, the Company shall, under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence and conversion), breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss, including the cost of recompiling the information contained on the goods, arising under or in connection with the Contract.
(c) Nothing in these Conditions shall limit or exclude the Company's liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors, or for fraud or fraudulent misrepresentation or for any other matter for which it is unlawful to exclude or limit liability.
Back to top
12. EXTENDED COVER
For all Services except for the carriage of Pallets, Freight Parcels and International Freight Parcels:
(a) If the Customer has paid or agreed to pay the Company's charge for 'Extended Cover' and the Company has agreed to the extension, the Company's liability (whether in contract, tort, conversion, negligence or otherwise and howsoever arising) for the loss of or damage and/or for any other matter (howsoever arising) to any Consignment on all Services shall:
(i) be limited to a maximum of £5,000 per Consignment, as calculated by reference to the actual value of the Consignment pursuant to Condition 12(b);
(ii) where the Company has agreed in writing to provide 'Extended Cover' at a rate by weight, be limited to a maximum of £15 per kilo or £5,000 per Consignment, whichever is the lesser, and the calculation of the 'Extended Cover' shall be based on the declared weight on the Consignment note; and/or
(iii) under Condition (i) above, the Company shall be limited to that proportion in the case of partial loss or damage which the weight of the part lost or damaged bears to the total weight of the whole Consignment; PROVIDED THAT, subject to Condition 12(b), nothing in this Condition 12(a) shall limit the liability of the Company for damages below the sum of £100 in respect of any one Consignment.
(b) The actual value of any goods lost or damaged shall be ascertained by reference to its repair cost, replacement cost, resale or fair market value at the time and place of collection, whichever is less. In no event shall such value exceed the original cost of the item actually paid by the Customer, plus 10%.
(c) If a Customer requires 'Extended Cover', it shall fully disclose to the Company, should it so request, the nature of goods to be carried. The Company shall, in its sole discretion, decide whether 'Extended Cover' shall apply to any Consignment for which it is requested.
Back to top
13. CLAIMS FOR COMPENSATION
(a) The Customer must notify the Company of any loss or damage giving rise to a claim within 14 days of the date of despatch. The Customer should confirm any loss or damage by returning the completed Company claim form within 28 days of the date of despatch. If the Customer fails to do so, the Company shall not be liable for any loss or damage, save and except where the Customer proves that:
(i) it was not reasonably possible for the Customer to advise the Company or make such claim in writing within the time limit applicable; and
(ii) such advice or claim was made within a reasonable time in which case the Company shall not have the benefit of exclusion of liability afforded by this Condition 13(a).
(b) In the event of a claim for damage, the Customer must ensure that the Consignment and its packaging is held for inspection at a location within the United Kingdom and will provide photographic evidence with the claim form in accordance with Condition 13(a).
(c) A payment of any claim by the Company shall be in full and final settlement of such claim.
(d) In any event, any claim made by the Customer must be made within one year from the date of despatch.
Back to top
14. CUSTOMERS' INDEMNITY
(a) The Customer shall indemnify the Company fully for any duty, tax or charge that it has not paid under the Contract and for any failure to export goods which have been zero-rated for the purposes of Value Added Tax (or similar tax or duty) or to comply with any conditions relating to importing or exporting zero-rated goods.
(b) The Customer shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Company arising out of or in connection with:
(i) any negligent act, negligent omission, negligent misdirection, negligent misstatement or fraudulent act by the Customer, sender or Consignee, its servants or agents;
(ii) claims of any nature for loss or damage resulting from the carriage of Dangerous Goods or goods which are not accepted for carriage or storage by the Company as set out in Condition 4;
(iii) claims and demands of any nature in respect of loss of or damage to the goods made by the Customer and/or any third party additional to or in excess of the limits of liability of the Company set out in these Conditions;
(iv) any claims made or penalties imposed by the HM Revenue & Customs or equivalent in overseas jurisdictions;
(v) claims and demands made by any third party attributable to lack of authority on the part of the Customer to enter into the Contract upon these Conditions;
(vi) breach of any of the warranties set out in Condition 6;
(vii) any inaccurate or false information supplied to the Company by the Customer which relates to the Customer and/or the goods comprised in any Consignment;
(viii) the Customer's failure to include the relevant Commodity Code, where required pursuant to Condition 2(h)(ii);
(ix) the Customer's failure to provide correct written notification in advance of any Consignments and/or goods comprised within any Consignment which are not standard or permanent exports as required pursuant to Condition 2(h)(iii);
(x) the Customer's unreasonable detention of vehicles, containers, sheets, pallets and like equipment;
(xi) any claim being made by any third party against the Company in respect of loss of or damage to the goods or in respect of any conversion of or interference with the goods.
Back to top
15. EXTENSION OF PROTECTION TO EMPLOYEES AND AGENTS
The Customer acknowledges and agrees that the provisions of Conditions 4, 10, 11, 12, 13, 14 and 16 shall extend to protect, limit the liability of and indemnify the employees and agents of the Company and that such provisions have been entered into and shall be enforceable by the Company for itself and as trustee or agent for such employees and agents.
Back to top
16. LIEN AND DISPOSAL OF GOODS
(a) The Company shall have a lien on all goods carried for the Customer for any amount due to the Company whether pursuant to the Contract or otherwise and for the cost of recovering the same.
(b) If the amounts owing to the Company in respect of which it has a lien are not satisfied within a reasonable time of the commencement of transit as defined in Condition 8, the Company shall be at full liberty at its own discretion to:
(i) sell the goods either privately or by auction and to apply the proceeds of any such sale in or towards any monies owing to it and the expense of the sale and shall account to the Customer for the balance remaining if any; or
(ii) destroy the goods if any sale under Condition (i) above is impractical in the opinion of the Company due to the value or saleability of the goods in question, or otherwise; and such sale or destruction as the case may be shall be a full discharge of any liability of the Company in respect of the goods.
Back to top
17. PROOF OF DELIVERY
The Company may require a recipient of a Consignment to sign an ESCD as proof of delivery of the Consignment. Any record of the recipient's signature obtained by the Company shall be conclusive evidence of the delivery of Consignments (including the quantity of such Consignments) comprised in the Consignment. The recipient's signature and/or Scan Record shall be evidence of delivery of the Consignment.
Back to top
The Company shall be relieved of its obligation to perform the Contract to the extent that performance is prevented or delayed by a failure or delay by the Customer to perform any obligations under these Conditions and causes beyond the reasonable control of the Company including but not limited to any force majeure event meaning an event beyond the reasonable control of the Company, including seizure under a legal process, consequence of war, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property, extreme weather conditions, compliance with any law, or order of any government or public or local authority, riots, civil commotion, strikes, lockouts, general or partial stoppage or restraint of labour from whatever cause, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, the direct or indirect effect of ionising radiations or contamination by radioactivity and, for the avoidance of any doubt, the Company's charges shall be payable in full in such circumstances, without prejudice to the Company's rights at common law to treat the Contract as frustrated.
Back to top
19. USE OF CUSTOMER DATA
(a) The Customer provides personal data (as defined in the Data Protection Act 1998, as amended or replaced) of Consignees and other individuals to the Company in order for the Company to provide services
(b) In relation to any personal data provided by the Customer to the Company:
(i) The Customer warrants, undertakes and confirms that it has grounds for sharing the personal data with the Company as envisaged;
(ii) The Customer processes the personal data in compliance with all applicable laws;
(iii) The Customer has obtained any necessary consents from the receiver of the goods as required under the Data Protection Act (as amended or replaced) to pass to the Company their details including mobile telephone number to provide the Services; and
(iv) The Customer has made the Consignee aware that such details may be used by the Company to enhance the delivery process for the Consignee and it will use notifications and geodata for that purpose. This may involve the Company sharing such details with limited third parties.
(c) The Company may process the personal data for the purpose of it providing the Services, and may share the personal data with its agents or subcontractors or affiliates or other third party service providers for the purpose of providing or improving the Services.
Back to top
Any failure by the Company to enforce or apply any provision of these Conditions shall not constitute a waiver of that provision and shall not otherwise remove or reduce the Company's right to enforce that provision.
Back to top
If any of these Conditions or any part is held to be invalid for any purpose, it shall for that purpose be deemed to have been omitted, but shall not prejudice the effectiveness of the rest of these Conditions.
Back to top
22. INTELLECTUAL PROPERTY
All Intellectual Property Rights in any materials (including software) supplied by the Company to the Customer and in any methods of work and processes used by the Company in connection with this Contract are and shall remain the exclusive property of the Company. Nothing in these Conditions shall imply any licence or other permission to use or reproduce any such materials, methods and processes save as expressly agreed in writing by the Company.
Back to top
23. GOVERNING LAW AND JURISDICTION
The Contract and these Conditions (and any non-contractual claims arising in relation to it) shall in all respects be subject to and construed in accordance with English Law and the parties to the Contract hereby submit to the exclusive jurisdiction of the Courts of England.
Effective date June 2016
UK Mail Prescription Collection Service:
Terms and Conditions
1. Key Points
1.1. Unless otherwise and expressly agreed in writing in a bespoke agreement, all parcels and Consignments that are collected and transported through the UKM Network are subject to these Conditions of Carriage.
1.2. In addition to setting both of our legal obligations, these Conditions also set out the limitations of the UKM Network including without limitation the type of goods that are permitted into the UKM Network and the types of goods for which the UKM Network is not designed to carry and it is therefore your responsibility to make sure that you do not give us any consignments that contain such items.
1.3. Signing a Rate Agreement or any other document that references these Conditions (as amended by us from time to time) means that you have agreed to be bound by the obligations in these Conditions, the Rate Agreement and any other such provisions referred to by the Conditions or the Rate Agreement. Alternatively, where we issue new or amended Conditions, you agree that your continued use of our Services constitutes an acceptance of such new or amended Conditions.
1.4. If there is anything you do not understand, you are advised to take independent legal advice. You also acknowledge that as you may stop using us at any time and use another carrier instead, that the terms set out herein are reasonable.
2. Meaning of certain words in these Conditions
This Condition 2 sets out the rules in which these Conditions should be read and interpreted.
2.1. Certain words have a special meaning in these Conditions (“Defined Terms”), and these Defined Terms can be identified by the use of capital letters at the beginning of each main word in the Defined Term, for example, “Change of Control”, or “Material Breach”. A List of Defined Terms and their meanings are set out as follows:
Defined Term Meaning (unless the context in which the Defined Term is used requires otherwise)
Address Label means an address label, either produced from the use of our software or otherwise in such format approved by us, whose purpose is to be affixed prominently and clearly on the relevant parcel or Consignment so that it may be scanned by us;
Agreed Collection Window has the meaning set out in Condition 4.2.1;
Breakable Goods means goods or items which by their nature or design may be susceptible to damage travelling through a loose load network where parcels may be shunted, shaken or collide with one another even if reasonable precautions are taken with respect to the packaging of such goods or items;
British Forces Post Office /BFPO means the British Forces Post Office, its successors and assigns;
Claims Process means the procedure that you have agreed to follow in the event of loss or damage which is published on our Website and amended by us from time to time;
Conditions means these conditions of carriage as may be amended from time to time by us;
Consignment means a parcel or parcels which are to be collected and/or delivered under the same Consignment number;
Consignment Number means a unique number assigned by us to identify a Consignment;
Designer Goods means any goods or items, including without limitation, luxury items, clothing, and accessories, that derive some or all of their value from the fact that they are designed, manufactured, marketed, or distributed by or on behalf of, or in connection with established designer brands or marques;
ETA has the meaning set out in Condition 5.3;
Extended Liability has the meaning set out in Condition 9.2.5;
International Conventions means as applicable, the Convention on the Contract for the International Carriage of Goods by Road, the Convention for the Unification of Certain Rules Relating to International
Carriage by Air and the Warsaw Convention as amended at the Hague in 1955;
Late Delivery Scale means the scale at which refunds will be calculated and refunded and which is published on our Website;
Material Breach means a breach of any Conditions where it is stated that a breach would be a Material Breach or otherwise a breach which we reasonably consider to be so serious as to justify no longer trading with you. A Material Breach entitles us to terminate any or all agreements with you immediately;
Neighbour means any address immediately next to or opposite the Delivery Address, or alternatively a nearby address within a reasonably immediate vicinity;
NTC has the meaning set out in Condition 4.2.1;
Out of Gauge means where the dimensions and/ or weight of a parcel exceeds the parameters of our automated sortation machines such that it is not possible to automatically process such parcels through our automated sortation machines;
Peak Period has the meaning set out in Condition 3.1.3(a) of these Conditions;
Peak Management Plan has the same meaning as set out in Condition 3.1.3(c) of these Conditions;
Prohibited Goods means any items which we will not and cannot carry in any quantity whatsoever because doing so would be illegal either in the UK or any other country over which the Consignment travels. Items include by way of example, illicit drugs, medicines, radioactive material, firearms (even replicas, blank firing, imitations), explosives, munitions (even dummies, or otherwise deactivated), ), animals, animal parts, livestock, insects, tobacco or tobacco products;
Proof of Delivery or POD means where selected, a signature from the person accepting delivery of the Consignment of the Delivery Address. Where a POD is not selected, you agree that our records will constitute conclusive proof of delivery unless clear and incontrovertible documentary or tangible evidence exists to prove otherwise;
Rate Agreement means the document setting out amongst other things the available Service Options you have subscribed to, the applicable charges with respect to the available Service Options and additional parameters and charges with respect to our services;
Royal Mail means Royal Mail Group plc, its successors and assigns;
Services means the collection and delivery services we will provide to you under the Rate Agreement or such other written document in accordance with the Service Option you select;
Service Option means the particular service you have selected with respect to the Services relating to the collection and/or delivery of a Consignment;
TPC means third party collection, where we either collect from a location not belonging to you either to deliver such collected Consignment to a recipient, or to otherwise return such Consignment to a location controlled by you;
UKM Network means the logistics transport system operated by us consisting of vehicles, personnel, machinery and locations.
Website means our website at www.ukmail.com; and
Working Day means any day that is not a Saturday, Sunday, or public bank holiday in the United Kingdom.
2.2. Headings in these Conditions do not have any significance and are used simply to aid convenience.
2.3. References to any statute, convention or any other legislation will be interpreted as a reference to that provision from time to time as amended, extended or re-enacted.
2.4. Any reference in these Conditions to an indemnity against liability (howsoever phrased) includes, without limitation, reimbursement for any costs, expenses (including legal expenses or other professional fees), liabilities, injuries, losses, damages, claims, demands, proceedings and judgements suffered or incurred by the indemnified party on an indemnity basis, whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise.
2.5. Any documents referred to in these Conditions or the Rate Agreement will be deemed to be incorporated by reference and have legal significance.
2.6. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
2.7. a reference to a party includes its personal representatives, successors or permitted assigns; and
2.8. any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
3. The UKM Network
3.1. Volume Management
3.1.1. You acknowledge that the UKM Network is an automated loose-load system whereby collected consignments are automatically processed and that our capacity to perform the Services is directly connected to the time of day in which your Consignment is injected into our automated sorting hub.
3.1.2. You further acknowledge that there may be occasional delays if the time you ask us to collect a Consignment for delivery means that such Consignment would be injected into a UKM Network sorting hub during peak activity periods and such delays will not be considered as a breach of these Conditions.
3.1.3. You acknowledge and agree that:
a) there are periods in which demand for our services is extremely high, requiring active management
of our network to maintain our services, and that this is a natural consequence of our operating model which is based on a shared network (a “Peak Period”);
b) we, will where possible, give such advance notice of a Peak Period as may be reasonable under the circumstances;
c) both of us may need to agree on certain actions to mitigate the effect of high demand on UK Mail’s network during a Peak Period, including without limitation agreeing to limit the volumes of Consignments that you will send through us in a Peak Period, and specifying alternate collection arrangements (a “Peak Management Plan”);
d) in the event that both of us are not able to agree a Peak Management Plan within a reasonable time prior to the start of a Peak Period, we may, in our sole discretion formulate and implement a Peak Management Plan in relation to the provision of the Services, and you may not dispute such Peak Management Plan on the basis that you had the opportunity to agree it with us pursuant to Condition 3.1.3(c);
e) any Consignment sent by you in a Peak Period, may be subject to delays (whether in the collection, processing, or delivery thereof); and
f) during a Peak Period, our obligation, notwithstanding the selected Service Option, is to collect and deliver such Consignments within a reasonable timeframe as close to the originally selected Service Option as reasonably possible.
3.1.4. You agree that it is reasonable that only active accounts access our network, therefore you accept that we may suspend or delete your account(s) if we reasonably consider such accounts to be dormant.
3.1.5. For the avoidance of doubt, accounts are dormant where there has been no order activity for a period of 12 continuous weeks.
Types of Items we cannot carry
3.2.1. You acknowledge and accept that we cannot carry any Consignment for which contains items which are, or we reasonably consider to be:
(i) illegal or unlawful either in the United Kingdom, a destination country, or any country through which the Consignment travels; or
(ii) Prohibited Goods.
3.2.2. You must not send any Consignments which contain items of the nature set out at Condition 3.2.1. If you do, you will be in Material Breach of these Conditions, you agree that we will not be liable for any loss, damage, or delay to such Consignments on the basis that you should not have sent such Consignments at all, and
you will indemnify us against any Losses we suffer as a result of your breach of this Condition 3.2.2.
Types of Items we do not carry
3.2.3. You acknowledge and accept that we do not (subject to Condition 3.2.4) carry any Consignments containing items that are or we otherwise consider to be:
a) Breakable Goods;
b) Dangerous Goods;
c) Valuable Goods;
d) Designer Goods;
e) items that contain, or are:
(i) liquids (excepting printer cartridges or refills);
(ii) foods (excepting cereal or dried foods);
(iii) alcohol, alcoholic beverages;
(iv) drugs, medicines;
(v) plants, vegetation or flora;
f) items that, whether by their nature or otherwise, are difficult to replace; or
g) such other items as we may publish on our website at www.ukmail.com from time to time.
3.2.4. You agree that you must not send any Consignments through the UKM Network that contain any items that are, or of similar nature to, those types set out in Condition 3.2.3 without first obtaining prior written
agreement from us. This is because the UKM network is not designed for the transportation of such goods and
it may be necessary to negotiate and agree with you our specific responsibilities and liabilities to each other if we were to agree to transport such Consignments.
3.2.5. If we have given our written agreement in accordance with Condition 3.2.4, you must not send any Consignments that are outside of the scope of such written agreement.
3.2.6. If you send Consignments through the UKM Network in breach of Conditions 3.2.4 and 3.2.5, you will be in Material Breach of these Conditions. You agree that we will not liable for any loss, damage or delay to such Consignments and you waive any rights and remedies in respect of such Consignments accordingly. You also
agree to indemnify us in respect of any Losses we suffer as a result of your Material Breach.
Weight of Consignments
3.2.7. It is your responsibility to ensure that consignments intended for handling by one person do not weigh more than that recommended by the Health and Safety Executive as a safe weight for manual handling and in any event do not exceed 30 kilograms dead weight.
3.2.8. We may impose a maximum weight on your Consignments for operational reasons, such as to ensure that the weight of your Consignment is within the safety parameters of our network equipment. Please refer to our Website for more details. You agree that it is your responsibility to check our Website regularly, and that you will not send Consignments weighing more than any maximum weight imposed by us.
Out of Gauge Consignments
3.2.9. It is your responsibility to ensure that such Consignments sent through the UKM Network are not Out of Gauge unless we have agreed otherwise in writing.
3.2.10. Where there is no written agreement relating to Out of Gauge consignments in accordance with Condition 3.2.9, you agree and accept that:
a) where a Consignment is reasonably considered by us to be Out of Gauge, we may take such action as we consider appropriate in order to continue to process your Consignment including manually sorting such Consignment and levy a surcharge in respect of the additional action we have had to take; and
b) an Out of Gauge surcharge is reasonable as the UKM network is not optimised for Consignments that cannot be processed using the equipment we operate and therefore you should only send Consignments through us which can be processed by the equipment in our network.
Packaging of Consignments
3.2.11. You must ensure that the packaging of Consignments is:
a) sufficient to prevent the movement of its contents;
b) of such quality that it is sufficient to protect the contents of such Consignments from inherent risks in travelling through an automated loose load process such as the UKM Network; and
c) is in all respects safe for travel through the UKM Network and our staff to handle.
3.2.12. You must also ensure that an Address Label is securely affixed to the Consignment in a position where it can be easily scanned by us. You further agree that any Address Label affixed a Consignment must comply with our requirements relating to the specification and quality of Address Labels.
3.2.13. You acknowledge that we do not compensate damage to packaging as its sole purpose is to protect the contents of the Consignment from the inherent risks in being processed through an automated loose load system. Therefore in the event that your Consignment contains original manufacturer packaging, you agree we are not liable to any damage to such packaging unless you protect it by using outer packaging.
3.2.14. Where we discover that the packaging of your Consignment is insufficient or in our opinion has already suffered damage likely to have occurred prior to our collecting such Consignment, you agree that we may, if we feel that it is reasonable to do so:
a) reject any consignment we consider to be unsafe to handle due to the state of the packaging or lack thereof;
b) record and/or remark the discovered damage in our records and continue to process and deliver the Consignment in which event we will not be liable for such discovered damage.
c) take such reasonable remedial action on your behalf as we consider appropriate, including without limitation, repackaging the Consignment, in which event you agree to pay a surcharge to cover our costs of taking such action.
3.3. Service Options
3.3.1. We offer a number of Service Options in relation to our services.
3.3.2. You accept that not all of our Service Options will be available in all areas. Furthermore, we do not deliver to post office boxes of any kind, whether operated by Royal Mail, British Forces Post Office (“BFPO”), or any organisation, authority or entity anywhere in the world. You agree not to send Consignments which require delivery to such post office boxes through the UKM Network and you accept if you do send such Consignments, you will be in breach of this Condition
3.3.2, that the risk will be entirely yours and we will not be liable for any loss of such Consignment. You also accept and acknowledge that where you send Consignments in breach of this Condition 3.3.2 or which otherwise do not conform to the selected Service Options, we may levy a surcharge to cover our additional costs in dealing with your non-compliant Consignments.
3.3.3. When you send a Consignment through the UKM Network, you must select the appropriate Service Option.
3.3.4. We may at any time amend or withdraw any or all of our Service Options. We may introduce new Service Options. We will, where reasonably possible, give you at least
14 calendar days’ notice of our intention to amend or withdraw our Service Options. Nothing in this agreement prevents you from ceasing to use the UKM Network if you feel that our Service Options, after amendment or withdrawal no longer meets your needs. However, you accept that if you continue to use the UKM Network after such amendment or withdrawal, that this constitutes your acceptance to such changes pursuant to Condition
1.3 of these Conditions.
3.4. International Consignments
3.4.1. This Condition 3.4 only applies where you send a Consignment to an address in a country outside of the United Kingdom. For the purposes of this Condition, the Isle of Man and the Channel Islands are not considered as part of the United Kingdom as they are subject to separate customs authorities.
3.4.2. You accept and agree that:
a) we use agents for the international delivery of Consignments and that it is important that the information you provide to us is accurate and true;
b) you are responsible for ensuring that all the information you give to us is true, accurate and complete, including customs documentation, delivery address and, where appropriate or requested, the contact details of the recipient. We may, but are not obliged to, contact you for further information in which event you agree that you will provide such further information promptly;
c) you will be responsible for any additional charges we incur (e.g. our agent’s charges for returning the Consignment to us) if we cannot deliver your
Consignment due to: i) any failure by you to provide accurate and true information, whether at the time you requested the collection or when requested
by us, or ii) any failure of the recipient to receive, refuse, or collect the Consignment for whatsoever reason, or iii) the acts and/or decisions of customs, law enforcement or other similar state authorities resulting in the Consignment being detained or rejected for onward travel;
d) where a Consignment has been returned to us by our agent, you may either elect to collect the Consignment at your own expense or ask us to deliver the Consignment to you, provided you have paid us any additional charges we have incurred from our agent. You acknowledge that where you ask us to return the Consignment to you, we are entitled to charge for carrying out such return; and
e) if you do not collect or arrange the return of your Consignment at your own expense and/or do not pay the additional costs we have incurred as a result of the Consignment being returned within 6 weeks of our first notification to you that the Consignment has been returned, the Consignment will be deemed to be an Unclaimed Consignment and you authorise us to dispose or sell the Consignment as if it were an Unclaimed Consignment.
3.4.3. Our liability for any loss, damage or delay to Consignments with respect to our international services are subject to the relevant International Conventions, which take precedence over these Conditions in the event of a conflict between the terms in these Conditions and those set out in the relevant International Conventions.
4.1. We will use our reasonable endeavours to arrive at the collection address in sufficient time to collect a Consignment in order to deliver such Consignment in accordance with the Service Option you have selected.
4.2. It is your responsibility to ensure that:
4.2.1. any Consignment you ask us to collect is available when we arrive at the collection address and is ready to collect by the time you have stated when raising your order (the “Agreed Collection Window”). You agree and accept that with respect to TPC collections, your failure to ensure that the Consignments are available may result in a ‘nothing to collect’ (“NTC”) surcharge, and where we have to wait beyond the Agreed Collection Window in order to carry out the collection, we may charge you in respect of waiting time and we will not be liable for any subsequent delay in the delivery of your Consignment;
4.2.2. other than TPCs, any Consignment you ask us to collect has the correct and legible Address Label securely affixed in a prominent location on the Consignment pursuant to Condition 3.2.12; and
4.2.3. the correct Consignment is presented to us for collection.. We may, but are not obliged to, take such actions as we consider in our sole discretion to be appropriate to repatriate or ask you to collect such Consignments that have been presented to us in mistake.
4.3. You accept and agree that we are not liable for the loss of any Consignments that have been given to us upon collection which do not comply with Conditions 4.2.2 and 4.2.3.
4.4. Bulk Collection
4.4.1. In addition to the provisions in this Condition 4, where we are required to collect a large volume of Consignments from a collection address, whether on an ad hoc or regular basis, you agree that:
a) you are responsible for loading the Consignments onto our vehicle; and
b) we are not obliged to assist. You may request assistance, but whether we agree is entirely at our discretion and provided you agree that any such assistance is at your risk.
5.1. Collection is completed and we will assume responsibility of any loss or damage to your Consignment due to our fault from the point that such Consignment has been scanned into the UKM Network. From the point of scanning, Consignments shall be transported within the UKM Network for delivery to the delivery address set out in the Address Label.
5.2. Where you select a Service Option that includes a time whereby the Consignment is to be delivered by, we will use our reasonable endeavours to deliver such Consignment by the time selected, otherwise, we will use our reasonable endeavours to deliver
your Consignment by the end of the due delivery date indicated by the relevant Service Option you have chosen. If a Consignment is delivered late, our liability shall be as set out in Condition 9.6.
5.3. Where relevant and applicable, we may inform the recipient of an estimated time by which the
Consignment will be delivered (an “ETA”). You accept that any ETAs given by us do no constitute a firm commitment or legal obligation to deliver by a certain time as ETAs are by their nature, estimations, and you agree to ensure that the recipient of the Consignment accepts this.
5.4. You acknowledge that we offer a range of delivery options as set out below table:
Delivery Description Option
Default We will deliver to the specified Delivery Address, but if there is no-one present from which we can obtain a POD, we may at our discretion either deliver the Consignment to a Neighbour or take it back to our delivering depot to re-deliver in accordance with Condition
5.9 or otherwise hold pending further instructions from you/the Recipient with respect to re-delivery or collection. Please not that this is our default delivery option and if you wish to use other delivery options as set out here, you must select them when raising your order.
Delivery Address only We will deliver to the specified Delivery Address only but if there is no-one present from which we can obtain a POD, we will take it back to our delivering depot to re-deliver in accordance with Condition 5.9 or otherwise hold pending further instructions from you/the Recipient with respect re-delivery or collection.
Leave Safe We will deliver to the specified Delivery Address only but we are not required to obtain a POD from any person present at the Delivery Address. Instead we may leave the Consignment in a location on the Delivery Address at our sole discretion. For the avoidance of doubt, the word ‘safe’ in this context means that we will, only where it is reasonably practicable to do so, take into consideration placing of the consignment in a location so that is not obviously noticeable from a public place.
Alter- native Address We will deliver the Consignment to an address either specified by you or by the Recipient pursuant to Condition
5.8. Please note that if you do not wish to give Recipients the ability to specify and alternate delivery address, you must contact us in order to arrange for this option to be removed from your account(s).
5.5. You accept that our service obligation is to deliver to an address and not to the named recipient or any other person. You also accept and agree to communicate to the recipient prior to sending the Consignment through the UKM Network that we are not obliged to deliver the Consignment over the threshold of any property at the Delivery Address nor are we obliged to assist the recipient in any way as to moving the Consignment into their property. Any assistance we give is at our sole discretion and at your risk or that of the recipient. You agree to indemnify us in respect of any liability which arises as a result of your failure to comply with this Condition 5.5.
5.6. Notwithstanding condition 5.5, where the Delivery Address is in a property under multiple occupation, including apartment blocks, flats, offices for which there is a central area for the delivery of post or parcels, we may deliver the Consignment to that area instead
5.7. Where you have selected a signature only Service Option, we will only deliver the Consignment if there is a person at the address who is able to confirm receipt of the Consignment by way of signature. You accept and agree to communicate to the recipient prior to sending your Consignment through us that:
5.7.1. we are not obliged to check the identity, age, or suitability of any person at the address nor confirm their authority to receive the Consignment. The purpose of obtaining a signature is solely to establish that the Consignment was delivered and the person receiving it has confirmed he/she has received it in good order. Accordingly, we are not liable to you or any third party for any misrepresentation by any person who has
misrepresented to us their authority to accept delivery of a Consignment; and
5.7.2. it is your responsibility to ensure that the recipient understands the conditions of delivery set out in these Conditions.
5.8. Where you have not selected a signature only Service Option (which we do not advise if your Consignment contains items that could be stolen or damaged),
5.8.1. deliver to the specified Delivery Address stated on the Address Label; or
5.8.2. leave the Consignment at the specified Delivery Address. We are under no obligation to leave the Consignment in a particular location at the specified Delivery Address but we may at our sole discretion leave the Consignment in a location we deem to be appropriate taking into account all of the relevant circumstances.
5.9. You acknowledge and accept that the price you pay in respect of each Consignment covers its collection, its processing, and one attempt at delivery, at which point our obligation to deliver is discharged. You also accept and consent that in the event that the attempt to deliver is unsuccessful due to circumstances not within our control (including without limitation, where there is no-one present to receive the Consignment, or the recipient has refused to accept delivery for whatever reason), we will, unless we receive instructions from you to the contrary, automatically and at your cost make one further attempt to deliver (a “re-delivery”).
If the re-delivery is also unsuccessful, the Consignment will be returned to our delivery depot pending your instructions. It is your responsibility to give us further instructions promptly. Unless otherwise stated in the Rate Agreement, we will charge you our prevailing rates for all re-delivery attempts and for returning the Consignment to you.
5.10. Alternatively, the recipient may collect the Consignment from us, provided that the recipient complies with our requirements in relation to proofs of identity
Proof of Delivery
5.11. You agree that our records will be definitive evidence of delivery of your Consignment. Where you have chosen a signature mandatory service, we will use our reasonable efforts to provide you with a copy of the signature of the person who took delivery of your Consignment which will be treated as supplementary evidence to our records.
6. Unidentifiable or Unclaimed Consignments
6.1. You acknowledge and accept that we cannot be expected to store all unidentifiable or unclaimed Consignments indefinitely and we may, therefore sell, destroy or otherwise dispose of such Consignments provided that before doing so that:
6.1.1. In the case of unidentified Consignments, we have used our reasonable endeavours for a period of 6 weeks from the date that a Consignment is declared to us to be unidentifiable to ascertain the sender or the recipient of such Consignment; or
6.1.2. where a Consignment is unclaimed or where the sender is identifiable, we have given 6 weeks’ written notice to the sender of our intention to sell, destroy or otherwise dispose of the Consignment if it is not collected from us before the expiry of such notice.
6.2. Nothing in these Conditions obliges us to seek the best price possible or market value in respect of any unclaimed or unidentifiable Consignment we choose to sell.
6.3. In relation to unidentifiable consignments which we have sold in accordance with this condition 6 which are subsequently identified as belonging to you, we will remit to you the proceeds of the sale minus our reasonable expenses incurred in storing and selling the consignment. We will not be liable to you in any other respect relating to the consignment.
7. The Rate Agreement
7.1. We may require you to enter into a Rate Agreement with us so that we may commence trading. These Conditions will apply to each and every Consignment you ask us to collect and deliver under the Rate Agreement.
7.2. You accept and agree that we may amend the Conditions from time to time and it is therefore your responsibility to check our Website (www.ukmail.com) regularly for any changes to these Conditions before using our Services.
7.3. The purpose of the Rate Agreement is to set out further details on the charges for our Services. From time to time, we may enter into subsequent Rate Agreements with you. If we do, you agree that any new Rate Agreement that we enter into will automatically supersede any and all previous Rate Agreements, which will terminate upon a new Rate Agreement coming into effect.
7.4. Unless otherwise set out in the Rate Agreement, you accept and agree that:
7.4.1. any Charges set out in the Rate Agreement are conditional on the following:
a) you accept that any payment or credit terms are given at our discretion and subject to satisfactory credit checks, We reserve the following rights:
(i) review or withdraw such terms; and/or
(ii) suspend provision of the Services, if we reasonably believe that you could breach such terms or there are changes in your credit background; and
b) you will trade and continue to trade in accordance with your agreed traffic profile with us as you understand and accept that our Charges are calculated on the basis of a number of factors, including without limitation; expected volume of Consignments; geographical split (also referred to as PPC zones in the Rate Agreement); weight and dimensions; and Service Options, and that we are entitled to review and amend the Charges if actual volumes (or any of the relevant factors set out in these Conditions or the Rate Agreement) are materially different from the agreed traffic profile.
7.5. You must inform us of any changes to your details on the Rate Agreement, or any other circumstances which could affect the payment of our charges by giving at least 14 days’ prior written notice of such changes.
8.1. Unless otherwise stated in the Rate Agreement:
8.1.1. Our Charges are calculated on whichever is the greater of the Consignment’s:
a) actual (dead) weight;
b) volumetric weight; or
c) declared weight,
8.1.2. We may vary the Charges on 14 calendar days’ prior notice, at which point if you continue to use our Services, such use will constitute acceptance of the amended Charges;
8.1.3. You will pay our Charges within 14 calendar days of the date of our invoice or such other period as may be
agreed between us in writing and signed by both parties;
8.1.4. Where you have elected to pay by direct debit, cancelling or failing to pay a direct debit shall entitle us to suspend the Services and any agreed credit or payment terms shall automatically terminate and the standard payment terms set out in Condition 8.1.3 will apply.
8.1.5. All Charges are exclusive of VAT, which if chargeable will be payable by you at the prevailing rate then in effect at the relevant tax point;
8.1.6. Our Charges do not include any tax, duty, storage charges, or other charges or expenses which may be levied on the Consignment. You agree that it is your responsibility to ensure that any such tax or other charges set out in this Condition 8.1.6 are fully paid.
8.1.7. Without prejudice to any of our rights, if you do not pay any sum payable to us by its due date we may:
a) suspend provision of the Services;
b) set off any amount (irrespective of whether they have been invoiced or payable) we may owe you against any sums you owe us;
c) charge you interest on all such outstanding sums at an annual rate of 8% over the Bank of England base rate in effect on the due date;
d) recover any costs and expenses, including legal expenses, incurred in collecting such outstanding sums from you on an indemnity basis;
8.2. Our services are provided on a ‘pay first, dispute later’ basis. You agree that you will pay our invoices as they fall due without set off or withholding, even if you dispute such invoice. If you do withhold any sums, you will be in (unless in compliance with a legal requirement) breach of this Condition 8.2 and you agree that we may recover such sums from you and you will reimburse us in full on an indemnity basis, our costs in taking such recovery action.
8.3. If you have a query or dispute in relation to an invoice you have received, you must raise that with us in writing and we must receive it within 20 days of the date of the invoice as the sooner we receive a query or dispute, the easier it is for us investigate and resolve it. If we do not receive a query or dispute within the time period set
out in this condition 8.3, the invoice will be deemed as undisputed and you agree to waive any right to query or dispute such invoice at a later date.
You agree and accept that given the charges in respect of any Consignment sent through the UKM Network, that the limits of liability set out in this condition 9 are reasonable and proportionate and the charges would be higher but for these agreed limits.
9.1. We will not liable to you in respect of any loss, damage, delay, or unsuccessful delivery which arises as a direct or indirect result of any:
a) negligent act or omission by you;
b) misstatement or misrepresentation made by you;
c) failure by you in complying with these Conditions;
d) latent or inherent defect, tendency to wastage, vice, natural deterioration, or electrical derangement in or of the goods in a Consignment;
e) any fraud or dishonesty on the part of you, the recipient, or any person claiming to have authority to receive the Consignment on the behalf of you or the recipient; or
f) any circumstances beyond our reasonable control, including without limitation: acts of God, acts of government or other authorities, war, riot, civil commotion, malicious damage to property, blockades, strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party) compliance with any law or governmental order, rule, regulation or direction,seizure under legal process, national emergencies, fire, flood, tempest storm or other weather conditions making provision of the Services impracticable, accident, breakdown of plant or machinery, default of suppliers (including, without limitation, fuel) or sub-contractors.
9.2. We will not liable to you in respect of any economic loss, including loss of profits, business, revenue resulting from loss of use, sale, market, goodwill, data, costs of providing any alternative means of transport, whether directly or indirectly caused by a breach of these Conditions by us or some other failure to perform the services on our part, or which were otherwise not brought to our attention prior to entering a Rate Agreement or commencing trading with you.
9.3. If you are a carrier or resell our Services to your own customers, you agree to waive your rights in respect of any loss or damage to a Consignment and you will be responsible for resolving any claim by your customer in respect of such Consignment.
9.4. Nothing in this Agreement limits our liability in respect of personal injury, fraud, fraudulent misrepresentation or otherwise where it is unlawful to limit our liability.
Loss or Damage
9.5. All Consignments sent through the UKM Network are subject to our Standard Liability (which is included in the charges for the Consignment) or our Extended Liability (at additional cost). Our liability is fault based, which means that we are liable only where it is established that the loss or damage is our fault. You accept that it is your responsibility to ensure that you either select the appropriate cover or make your own arrangements as you are best positioned to know the value of your Consignment.
9.5.1. Standard Liability
In the event of loss or damage, our liability will be calculated on the basis of the weight of the Consignment at a rate of £10.00 per kilogram up to a maximum of £10,000 in respect of the Consignment.
9.5.2. Extended Liability
You may purchase Extended Liability from us in units of £1,000 and you may purchase a maximum of 10 units in respect of any Consignment. In the event of loss or damage, our liability will be calculated on the Value of the Consignment up to the maximum amount determined by the number of units you have purchased.
9.5.3. Claims Process
You accept that it is important, where loss or damage occurs, that it must be reported quickly so that we can investigate and determine whether such loss or damage is our fault when the most evidence exists. Accordingly, you agree that you will follow and comply with the Claims Process set out at www.ukmail.com/ information/customer-information. You agree that we may levy an administration charge to cover the cost of administering your claim, the amount of which is set out in the Claims Process and as may be amended from time to time.
9.6. We will only be liable for any delay to the extent that the same arises from our fault. You agree that we should not be liable for any delay which arises from events beyond our reasonable control, including without limitation, traffic conditions, accidents not caused by Us, or delays caused by third parties, In the event a Consignment is delayed due to fault on our part, we may:
a) upgrade the Service Option of the Consignment at our expense in order to minimise the delay as much as possible; or
b) issue you a refund in accordance with the Late Delivery Scale; or
c) where we have agreed under a service level agreement to do so, we shall pay to you the agreed service credit in respect of our failure to meet the agreed service level relating to delay, instead of upgrading the service or issuing a refund under Conditions 9.6.(a) and (b);
and you agree that your sole remedy for such delay shall be limited as set out in this Condition 9.6.
10. Termination and cancellation
10.1. Unless stated otherwise in the relevant agreement, we may at any time terminate any Rate Agreement or contract with you by giving notice in writing to you if:
10.1.1. you commit a Material Breach of any provision of the Conditions which you do not remedy (if capable of remedy) within a period of 30 days of receipt of a written notice from us specifying the breach and requiring remedy;
10.1.2. you are subject to a change of control, become insolvent or are unable to pay your debts as and when due; or
10.1.3. on 14 days’ notice for convenience (unless stated otherwise in the Rate Agreement);
10.2. You may cancel an order for us to collect and deliver a Consignment provided that you notify us in good time before such Consignment is collected. Once a Consignment has been collected, we will use our reasonable endeavours to attempt to give your cancellation effect, however, you accept that this may not be possible once such Consignment has entered the UKM Network.
11. Data Protection
11.1. We will only use the personal information you provide to Us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
11.2. You acknowledge and agree that we may pass your details on for marketing purposes, to other UK Mail Group companies, to credit reference agencies, and to third parties. If at any time you wish to revoke the
consent you have given by agreeing to these Conditions or have queries relating to Data Protection, please contact Our Information Security Manager at UK Mail Ryton, Express House, Hillman Way, Ryton-on-Dunsmore, Warwickshire CV8 3ED.
12. Communication and Notices
12.1. All communications and notices between the parties about these Conditions must be in writing and delivered by hand, pre-paid post or fax, either to our registered office, if to us; or to the invoice address specified on Rate Agreement, if to you; or to another address notified by either party to the other in writing.
12.2. For the avoidance of doubt, we may communicate or notify using our invoices, which for the purposes of this Condition 12 shall deemed to be a valid notice or communication.
12.3. Communications will be deemed to be received 3 Working Days after posting if sent by pre-paid post;
on the day of delivery if delivered by hand; if sent by fax on a Working Day, at the time of transmission if sent before 4:00pm, and on the next Working Day, if sent after 4.00pm.
12.4. In respect of informal communications, you agree that by giving us an email address that we may contact you through such email address from time to time.
13. Entire Agreement
13.1. These Conditions along with the Rate Agreement and such other documents that maybe referred to in these Conditions constitute the entire agreement between you and Us for the supply of the Services. Each party acknowledges that in entering into these Conditions it has not relied on any representation
or undertaking, whether oral or in writing, save as expressly incorporated herein. This Condition 13.1 shall not exclude any liability for fraud or fraudulent misrepresentation.
13.2. If there is any conflict between these Conditions and the terms and conditions set out on any printed documents provided by Us (but not being amended Conditions), these Conditions will prevail.
If We fail, at any time while these Conditions are in force, to insist that you perform any of your obligations under these Conditions, or if We do not exercise any of Our rights or remedies under these Conditions, that will not mean that We have waived such rights or remedies
and will not mean that you do not have to comply with those obligations. If We do waive a default by you, that will not mean that We will automatically waive any subsequent default by you. No waiver by Us of any of these Conditions shall be effective unless We expressly say that it is a waiver and We tell you so in writing.
The provisions of these Conditions are severable and distinct from one another, and if at any time any provision is or becomes unenforceable, the validity,
legality or enforceability of the other provisions will not in any way be affected or impaired.
16.1. We do not contract as a common carrier. Any Consignment accepted for transit is accepted on these Conditions, or any terms and conditions relating to a waybill, to the exclusion of all other terms and conditions whether put forward by you or implied by law (insofar as exclusion of the same is lawful). Delivery of a Consignment to Us by you will be conclusive evidence of your acceptance of these Conditions.
16.2. These Conditions may be reasonably amended from time to time by us, including, without limitation by adding or deleting Services or amending compensation levels. You should regularly refer to our website to obtain a copy of the Conditions which apply when you send a Consignment. Your sending a Consignment with Us is deemed acceptance by you of the Conditions as so amended from time to time.
16.3. These Conditions are personal to you and you may not assign, license or sub-contract any of your rights or obligations under them without Our written consent.
16.4. These Conditions will apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law.
16.5. It is not intended that these Conditions or any contract created on the basis thereof will be enforceable by
any third party, unless expressly provided for in these Conditions.
17.1. These Conditions are governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.