Deliverwoo - Express Courier Service Barnsley
A summary of the main terms and conditions.
This Summary of Principal Terms and Conditions is not an exhaustive summary of Delivewoo’s ("DW's") business terms and conditions. On request, we can supply a detailed description of our Terms and Conditions of Business. If a conflict between this Summary and the entire declaration of Terms and Conditions of Business, the latter shall take precedence.
When DW is granted an order to supply courier services, it is an offer to use those services. When DW accepts a consignor's offer, a binding contract is formed between DW and the consignor.
The commodities transported by DW are referred to as a "consignment." A Consignment may be transported by whichever method, vehicle, and route DW chooses, and on the limited liability basis outlined below.
A “consignor” is a person or company who orders from and contracts with DW for courier services.
1. Dangerous or Illegal Goods.
Without limiting the extent of the, DW will not carry a Consignment holding: 1.1 poisonous, harmful, hazardous, explosive, or inflammable materials, firearms including parts of firearms, ammunition, or detonators, or any goods liable to cause damage.
1.2 commodities that could harm human or animal life, contaminate or otherwise damage other goods being transported by DW, or whose carriage, import, or export is forbidden by applicable law.
1.3 any written, printed, or pictorial matter that is or could reasonably be held to be obscene, blasphemous, scandalous, defamatory, proscribed, or prohibited in any country from, to, or through which carriage is to take place; or
1.4 any article whose possession is illegal under the law of any country from, to, or through which carriage is to take place.
Time for collection or delivery is not of the essence, except for the purposes of section.
4.2 DW agrees to deliver solely to the Consignor's designated delivery address, not to any other individual. If DW is unable to effect delivery, the recipient refuses to accept delivery, or the delivery address is incorrect, DW will notify the Consignor and either hold the Consignment to the Consignor's order or, at DW's discretion, return the Consignment to the Consignor, in which case the Consignor will handle all applicable charges calculated at DW's current rates.
If an undelivered Consignment is held by DW and is not claimed within six months of DW alerting the Consignor, or if DW is unable to reach the Consignor, DW may dispose of the Consignment as DW reasonably thinks fit.
At any time, DW reserves the right to open, inspect, or scan a consignment.
4.1 The Consignor shall pay the agreed charges to DW on or before the collection of any Consignment or, at DW's option, upon delivery. The Consignor handles paying or reimbursing DW for all taxes, fees, or levies levied on the Consignment. If the Consignor cancels the transport before collection or delivery, the agreed charges are payable, and the Consignor handles any fees, liabilities, or expenses incurred by DW because of the cancellation of such carriage, including the return of the Consignment to the Consignor.
4.2 If DW is kept waiting at a collection or delivery place for more than 20 minutes, the Consignor must pay a fee of £20 every half-hour or part thereof, with a minimum penalty of £40.
If the Consignor so requests, DW will insure the contents of a Consignment for their full market value while in DW's possession at the Consignor's expense. When the Consignment and its contents are so insured, DW is not liable to the Consignor for any issue for which a claim has been made or could be made under such insurance.
6. Legal responsibility
In the case of damaged products, DW's liability is limited to direct loss and the lesser of the market value or the replacement cost to the Consignor, or the cost of repair if less. DW shall not be liable for any indirect or consequential loss, damage, costs, or expenditures incurred or experienced by such Consignor, including without limitation any economic loss or other loss of turnover, profits, business, or goodwill.
DW shall not be liable for any delivery delays caused by the unavailability of the stated receiver at the delivery address or the impracticability of following any special delivery instructions.
6.3 Circumstances Outside of DW's Control DW shall not be liable for any loss, damage, mis delivery, or delay in delivery caused wholly or mostly by circumstances beyond its control, including, but not limited to Act of God, the effect of ionising radiation or an uncontrolled nuclear reaction, act of war, hostilities, riot or civil commotion, or the threat or fear of such conditions prevailing
Third-party criminal, malicious, or negligent acts or omissions
.3 any industrial action.
.4 any suspension or cancellation of transportation services due to the presence, threat, or fear of inclement weather, fire, flood, or any of the problems listed in article 8.4.2; and
.5 any traffic jam, mechanical failure, or obstruction of any public or private highway.
6.4 Claims have a time limit.
The Consignor must file a claim for reimbursement with sufficient supporting documentation within 14 days, or DW will have no liability.
7. Warranties and Indemnification
7.1 The Consignor requests and guarantees that:.1 he is the owner or the authorised agent of the owner of any commodities that he requests DW to transport.
.2 Any consignment sent to DW for carriage must be properly labelled and prepared by him, as well as secured from unauthorised intervention throughout preparation, storage, and conveyance to DW; and
.3 He is authorised to accept and accepts these Terms not only for himself, but also for any other individuals who are or may become interested in the goods in the future.
7.2 The Consignor agrees to indemnify and hold DW harmless from and against all Claims and Losses resulting from loss, damage, liability, or injury to DW, its employees, or third parties as a result of or arising out of any breach of the Consignor's responsibilities under this Agreement. “Claims” include all demands, claims, proceedings, penalties, fines, and liability (whether criminal or civil, in contract, tort, or otherwise); and “Losses” include all losses, including financial losses, damages, legal costs, and other expenses of any kind.
8. The rule of law
The legality, construction, and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts appointed by the Parties.
9. The ability to be severed
If any provision of this Agreement is prohibited by law or is found by a court to be unlawful, void, or unenforceable, the provision shall be severed from this Agreement and made ineffective to the greatest extent possible without affecting the remaining provisions of this Agreement and shall have no effect on any other circumstances or the validity or enforcement of this Agreement.