Privacy Policy

Easydel Couriers Limited (‘Easydel’)

Introduction

Easydel provides a goods carriage, delivery, storage and collection services for customers, who may enter into membership plans with Easydel.  In providing these services, Easydel may process Personal Data.  Easydel may process Personal Data of a Consignor and/or Consignee, Employee or Applicant and for Employment or Hire or any other identified or identifiable natural person (“the Data Subject”). 

Easydel will process this Personal Data under the conditions and as set out in this policy, so that Easydel and a Consignor comply with their statutory obligations, including pursuant to Data Protection Law. 

Where Easydel processes Personal Data it will do so as a Data Controller, except where otherwise appears in which case it shall process such personal Data as a Data Processor.  In particular, where Easydel processes Consignee Personal Data provided to it by or on behalf of the Consignor it will do so as a Data Processor.

Personal Data

“Personal Data” means any information relating to a Data Subject.  Personal Data may include, but is not limited to, a name, an identification number, location data, an online identifier or information specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

Processing of Personal Data

Processing of Personal Data includes collecting, recording, organisation, storing, adapting, altering, retrieving, using, disclosing, disseminating and erasure of the data. 

Easydel may process Personal Data that may, either alone or in combination with other Personal Data processed by Easydel, be used to identify the Data Subject. 

Easydel may collect this Personal Data on its’ website, internet platform, downloadable software application, or its’ online social media accounts, including via electronic forms, communications tools and bots, links, and usage data and/or in your in-person, hand-written, telephone, email or postal communications with us and/or in your payment processing for our services.  Easydel may combine the data provided through the various sources.

Types of Personal Data Processed By Easydel

Easydel processes the following types of Personal Data that it may receive:-

  • Identification Information: information may include a personal name, business name, home address, business address, post codes (and similar, for example Eircodes), email address, phone numbers, business details (including registration numbers, positions held by individuals, VAT and other tax registration numbers), hours of availability, usernames and passwords.

  • Financial Information: Necessary payment details to process the financial transaction, such as payment card number and authentication details.  Easydel may only store a data-security token version of such information and will not maintain payment card information on computer network servers.  Third party payment processor(s) may collect this information on behalf of Easydel.

  • Communications and Responses: Easydel may collect other personal information when you communicate questions or other matters to it and when you voluntarily respond to market research seeking your opinion and feedback.

  • Orders for Services: information provided by the Consignor that is required to collect and transport the goods from one location to another and this may include information about a Consignment necessary to comply with Easydel’s legal obligations. If Easydel does not receive certain information, it may not be able to provide the service. 

  • Hosting Information: the companies that host or make available our websites, internet platforms, downloadable software applications and/or social media pages may provide us with information and analytics regarding the use of these.  This may include the number of people that visit, the page(s) visited, patterns of navigation on to or from the website(s), non-specific geographical data, domain IP addresses that visitors come from and the browsers visitors use. In particular, domain IP address information may include information about the pages visited, features used, acts undertaken, and the timing and duration of these as well as a rough geographic location.

  • Analytics: Easydel may use third party provided website analytics services (for example: Google Analytics).  These services use cookies to help analyse how users use websites Cookies:

  • CCTV footage within Easydel premises.

The Purpose and Legal Basis for Processing Personal Data

Easydel processes Personal Data only when the law permits or requires it to. For example, when:

  1. a Data Subject consents in accordance with law;

  2. Easydel is performing a contract entered into with a Consignor;

  3. Easydel needs to comply with a legal obligation;

  4. it is permitted to promote Easydel’s legitimate interests and a Data Subject’s interests and fundamental rights do not override those interests and then Easydel will only collect Personal Data which is necessary to:-

  • provide its services and any website, internet platform or downloadable software application to a Consignor or Consignee;

  • set up and administer a Consignor’s account with Easydel;

  • set up and administer an employment contract and/or a contract for hire or other personnel or service provision contract;

  • respond to and/or investigate any information requests (including to quote for services), other enquiries, queries, complaints, disputes or accidents;

  • obtain your feedback on the provision and/or availability of services, to the extent that this is permissible by law;

  • maintain Easydel’s relationship with a Consignor and/or Consignee;

  • personalise a user’s experience of an Easydel website, internet platform and/or downloadable software application where a user has consented to non-essential cookies;

  • contact a person for direct marketing or provision of information purposes, to the extent that this is permissible by law;

  • obtain credit references, credit checks and for debt collection, fraud detection and prevention and risk management purposes;

  • safeguard the safety and security of Easydel’s employees, property, customers and information located or stored on its’ premises or equipment;

  • to inform recruitment decisions taken about appointments and new hires;

  • to operate its business generally and manage and administer our services to clients, suppliers and potential candidates, hirers and drivers; and

  • notify changes to contracted services and/or terms and conditions of services provided by Easydel and/or terms and conditions of employment or hire;

Change of Purpose

Easydel will only process Personal Data for the purposes set out in this policy, unless it reasonably considers that it needs to use Personal Data for another purpose and that purpose is compatible with the original purpose it was first processed.

If Easydel needs to use Personal Data for an unrelated purpose, it will notify the provider of the information and explain the legal basis which allows it to do so.

About the Obligation to Obtain Consent

Consent is where a Data Subject has explicitly agreed to Easydel processing Personal Data for a specific reason, such as marketing, or explicit consent for Easydel to process any special category of data about the Data Subject.

Where Easydel is relying on this consent, the Data Subject will be presented with an option to agree or disagree with the collection, use or disclosure of personal data and to withdraw your consent at any time.

Where Easydel processes special categories of information relating to the Data Subject’s racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, biometric data or sexual orientation, Easydel will always obtain ye Data Subject’s explicit consent to those activities, unless this is not required by law or the information is required to protect health in an emergency.

Where consent is a statutory or contractual requirement, if an individual is obliged to provide Personal Data, failure to provide this, or withdrawal of consent to process this, may result in Easydel being unable to provide its’ services.

About Contractual Obligation

Where a Data Subject has entered into a contract with Easydel and agreed to our Terms and Conditions or such other terms as are agreed and the processing is necessary to perform the contract.

Where it is a contractual requirement, if an individual is obliged to provide Personal Data, failure to provide this, or withdrawal of consent to process this, may result in Easydel being unable to provide its’ services.

About Legal Compliance

Processing of Personal Data may be necessary so that Easydel can comply with any legal obligation it has, such as keeping records for tax purposes, providing information to a public body or law enforcement agency, or disclosing information under court or other tribunal order. Easydel may also be required by law to process Personal Data to ensure it meets its’ fraud prevention and anti-corruption obligations. Processing may also be necessary for the litigation or defence of legal claims.

Accuracy of Personal Data and Updating

It is important that Personal Data processed by Easydel is accurate and current.  Personal Data provided to Easydel must not be knowingly or recklessly untrue, inaccurate or materially incomplete.

The provider of the Personal Data agrees to take reasonable steps to notify Easydel in a timely manner in the event of any change in the Personal Data, to enable Easydel to comply with its’ obligations, including to keep information up to date.

Sharing Personal Data

Personal Data provided to Easydel, whether through its websites, internet platform, downloadable software applications and any other consignment form will not be released, sold, or rented to any entities or individuals other than as provided for in this Privacy Policy.

Easydel may share Personal Data with other organisations to be processed on its behalf for any of the purposes outlined in this policy. Easydel may disclose Personal Data to our customers, members, employees, hires, officers, agents (including human resources and health & safety consultants), sub-contractors, auditors, bankers, insurers, IT providers, legal advisors, pension advisors and providers, service providers, Government bodies, Law Enforcement Agencies, Revenue, Social Welfare and to possible successors to all or part of the Easydel business.

Where such parties are established outside the European Economic Area Easydel will put adequate safeguards in place to ensure that Personal Data will be dealt with to the same standards as are applicable in Ireland.

Easydel may also disclose Personal Data for the prevention and detection of crime and to protect the interests of Easydel or others, or if required to do so by law or other binding request.

Safeguarding Personal Data

Any personal Data provided to Easydel and/or which Easydel obtains, will be kept secure and confidential using appropriate technical measures, including:-

  • transparent data collection procedures;

  • training employees in data protection and security measures;

  • data protection risk management, such as role based access, secure back-up, regular systems testing; and

  • encryption where feasible.

Retention of Data

Easydel retains Personal Data only for as long as necessary for the purposes for which it was collected and as provided for in this policy.  When determining the relevant retention periods, Easydel will take into account factors including:

  • the purposes of any contract entered into by Easydel to provide services (including employment and/or hire) in respect of which the Personal Data is processed;

  • legal obligation(s) under applicable law to retain data for a certain period of time;

  • any (potential) disputes;

  • limitation periods pursuant to applicable law(s); and

  • guidelines issued by relevant data protection authorities.

Billing information will be retained for the current financial year plus six years.

Where Easydel is a Data Processor

Where a Data Controller engages the services of Easydel, Easydel will act as Data Processors on the Data Controller’s behalf. In that event, Easydel shall:-

  • only process Personal Data under a Contract in accordance with the Data Controller’s reasonable instructions and in accordance with applicable Data Protection Legislation.

  • adopt appropriate technical and organisational measures against accidental disclosure, loss or destruction of Personal Data;

  • inform the Data Controller promptly of an unauthorised disclosure, loss or destruction of Personal Data processed on the Data Controller’s instructions;

  • refer to the Data Controller any requests, notices or other communication from Data Subjects, the Office of the Data Protection Commissioner or any other law enforcement agency relating to Personal Data processed on the Data Controller’s behalf.

  • ensure that all Easydel personnel or agents processing Personal Data are under an obligation of confidentiality;

  • make available to the Data Controller reasonable information to demonstrate compliance with Easydel’s data protection obligations;

  • provide such information and assistance to the Data Cotroller as is reasonably necessary for it to comply with its’ obligations to respond to requests exercising the Data Subject’s rights, to report Personal Data breaches and to conduct Data Protection Impact Assessments and to consult with data protection authorities;

  • comply with Easydel’s obligations to the Data Controller in respect of sub-processing and third country transfers; and

  • where legally required, delete or return all personal data processed on the Data Controller’s behalf, upon the termination of any services provided by us to you.

Candidates for Employment or Hire – Email or Electronic Communications

Any information sent to Easydel via email is sent via an unsecured email link. Unsecured or unencrypted email could be intercepted and read by third parties. Easydel accepts no responsibility for any interception of confidential information (including information in a CV) that you send in an unsecured or unencrypted email message.

Unsolicited Applications for Employment/Hire

A job applicant interested in being considered for employment or hire by Easydel may provide Easydel with a CV. Easydel will then examine the applicant’s qualifications and experience for the position applied for, or any other current job opportunity. Easydel may contact the applicant about any opportunity it identifies.

The personal data provided to Easydel will be used for the purposes described above and retained as described in this policy.

Any employment agency, person or entity that submits an unsolicited CV to Easydel on behalf of an individual applicant, does so on the understanding that Easydel shall have the right to hire that applicant without any hiring fee being owed.

Rights of a Data Subject

Based on the laws that apply to the processing of your Personal Data, a Data Subject has rights in relation to Personal Data Under.  When dealing with such a request, Easydel is entitled to balance the rights of a Data Subject with its rights and obligations when processing Personal Data and to protect the rights of others.

Easydel will request a copy photo ID and a proof of address to confirm the identity of a Data Subject making a request in respect of Personal Data.

What rights can you exercise in relation to your Personal Data?

Right of access

A Data Subject is entitled to a copy of Personal Data held about them and details of how Easydel processes it.  Personal Data will usually be provided in electronic form. Easydel will endeavour to comply with such request within one month, but where such request is unusually onerous, Easydel may extend the time limit by a further two months.

If Personal Data reveals details, directly or indirectly, about another person, Easydel may have to seek consent from that person before we can let you see that information. Where Personal Data of another person would be disclosed it will be redacted. In certain circumstances, where disclosure would adversely affect the rights and freedoms of others, Easydel may not be able to disclose the Personal Data, in which case the Data Subject will be informed within one month of receipt of the request and given full reasons for that decision.

Easydel will not charge for providing your personal data unless it believes the request is excessive and the cost of providing your data is disproportionate to your request.

Right to rectification

Easydel takes reasonable steps to ensure that Personal Data is accurate and complete. However, a Data Subject may request that any incomplete or inaccurate Personal Data that we process about them is amended.

Where Easydel has disclosed inaccurate Personal Data to third parties, unless it involves a disproportionate effort Easydel will request the third party to confirm it has rectified the Personal Data.

Right to erasure

A Data Subject may request Easydel to erase their Personal Data, for example where the Personal Data is no longer necessary for the original purpose for which it was collected, where Personal Data has become obsolete or where the Data Subject withdraws consent to the Personal Data being processed. However, this will need to be balanced against other rights, interests and obligations, in which case a decision will be issued within one month of receipt of the request and the reason for the decision given. We will also inform you of your right to lodge a complaint with the relevant supervisory authority and seek a judicial remedy.

Where Easydel has disclosed Personal Data to third parties, unless it involves a disproportionate effort Easydel will request the third party to confirm it has erased the Personal Data.

However, if Easydel has made Personal Data public, it will, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform those who are processing the Personal Data of the request for erasure, but it cannot guarantee erasure by such third parties.

Right to restriction of processing

A Data Subject can request a temporary halt to the processing of Personal Data, for example where the Data Subject is concerned that Personal Data may be inaccurate or that Easydel no longer needs to process such Personal Data.

Where Easydel has disclosed Personal Data to third parties, unless it involves a disproportionate effort Easydel will inform the third party of the request.

Right to data portability

A Data Subject can request Easydel to transfer Personal Data to a third party. This right can only be exercised when the Data Subject has provided the Personal Data directly to Easydel and when Easydel is processing the Personal Data by automated means on the basis of the Data Subject’s consent or in order to perform our obligations under a contract with the Data Subject.

Right to object

A Data Subject can also ask Easydel to stop using their Personal Data for marketing purposes at any time.

A Data Subject may object to processing which is based on Easydel’s legitimate interests.  In that case Easydel will no longer process the Personal Data when an objection is filed, unless it has a compelling legitimate ground for such processing.

Rights relating to automated decision-making

A Data Subject has the right not to be subjected to a decision based solely on automated decision-making, including profiling, which produces legal effects concerning the Data Subject or has similarly significantly affects.

Right to withdraw consent

Easydel may ask a Data Subject for consent to process Personal Data in specific cases. If so, the Data Subject has the right to withdraw that consent at any time. Easydel will stop processing the Personal Data as soon as possible after the withdrawal of consent. However, this does not affect the lawfulness of the processing before consent was withdrawn.

Information Easydel Will Provide to a Data Subject

When responding to a request of a Data Subject, Easydel will also provide the following information:

  • why it is processing the Personal Data

  • the types of Personal Data processed

  • the third parties or categories of third parties to whom the Personal Data has been or will be disclosed. We will inform you if any of the third parties are outside the European Economic Area (EEA);

  • how the Personal Data is safeguarded where it is processed outside the European Economic Area;

  • the length of time Easydel will hold the Personal Data or if not possible, the criteria used to determine that period

  • the right to lodge a complaint with the Data Protection Commission;

  • where collected from a third party, information as to the source of the Personal Data;

  • any automated decision-making, including profiling which includes the Personal Data, including reasonable information about the logic employed, the significance of such processing and the envisaged consequences of such processing for the Data Subject.

 

Specific Terms Relating to Employee/Applicant Personal Data

Personal data arising from unsolicited job applications, where the job applicant is not offered a job, will be deleted within 3 months. Unsuccessful candidate’s personal data for solicited jobs will be held for a maximum of 13 months.

Verification checks may be required for specific roles and this will be identified in any job advertisement. Verification checks may include the following:

  • proof of identity

  • proof of Residency

  • proof of the Right to Work

  • reference checks

  • proof of experience

  • proof of insurance claims status

  • proof of Penalty Points

  • roof of loss of driving licence

 

Easydel may carry out pre-contract medicals as part of the recruitment process.

Upon commencement of employment or hire, Easydel may process the following Personal Data, depending on specific roles:-

  • GPS trackers during work hours only

  • Body size for company uniforms

  • Photographic Driver ID

  • CCTV in a limited number of specialised vehicles, or on Easydel premises (third parties may process CCTV in the course of a person’s duties for Easydel).

 

Right to lodge a complaint with the Data Protection Commissioned

A Data Subject may lodge a complaint with the Data Protection Commissioner in respect of any processing of their Personal Data by or on behalf of Easydel.  Visit the Data Protection Commission website for more details: https://www.dataprotection.ie/en/individuals/exercising-your-rights/complaints-handling-investigations-and-enforcement-individuals.

 

Contact Details for Easydel

Please use the following contact details for Easydel in relation to all communications relating to this Data Protection - Privacy Policy and any matters arising from the processing of Personal Data by or on behalf of Easydel:

 

Unit 6 Elmgrove, Gormanston

Drogheda Road

Co. Meath

K32 C925

hello@easydel.ie

Updates

Easydel may update this policy from time to time.  If a change to this policy will have a material impact on the rights and obligations imposed by this policy, Easydel will use reasonable endeavours to notify such amendments to parties directly impacted by changes to those rights and obligations.

 

Definitions:-

Applicant means an applicant for employment with or engameennt for hire by Easydel Couriers Limited.

Consignee means a person to whom Easydel Couriers Limited has contracted to deliver a consignment of goods;

Consignor means a person who contracts with Easydel for the performance of services;

Cookie Policy

Data Controller has the meaning given to it in Data Protection Law.

Data Processor has the meaning given to it in Data Protection Law.

Data Protection Impact Assessment has the meaning given to it in Data Protection Law.

Data Protection Law means the EU Data Protection Directive 95/46/EC and the EU Privacy & Electronic Communications Directive 2002/58/EC, any amendments and replacement legislation including the GDPR, European Commission decisions, binding EU and national guidance and all national implementing legislation.

Employee means an Employee of Easydel Couriers Limited.

 

Update 16th April, 2022

Terms of Use

EASYDEL COURIERS LIMITED

CONDITIONS OF  CARRIAGE (“the Conditions”)

(Ireland)

 

  1. DEFINITIONS

    1. In these Conditions:

 

Authorised Person means:-

  1. the Consignee; or

  2. any person nominated by the Consignee or the Consignor to the Carrier as an authorised person (Nominee); or

  3. a neighbour of the Consignee; or

  4. an operator of a Parcel Collection Service Location.

 

Carrier means Easydel Couriers Limited and where the context so admits includes the Carrier, it’s officers, servants and/or agents and any other carrier or sub-contracting party that the Carrier is permitted to engage to perform the Contract;

 

Consignee means the person to whom the Carrier has contracted to deliver the Consignment;

 

Consignee Information means the following information that must be provided by the Consignor to the Carrier for purposes of the performance of the Contract:-

  1. the name of the Consignee and where relevant the Authorised Person;

  2. the Delivery Address; and

  3. if the Delivery Address is a residential address, additionally the Consignee’s (or an authorised representative’s where a company) mobile telephone number or in the event that the Consignee does not have a mobile telephone number, a daytime fixed line telephone number or the Consignee’s e-mail address; and where a Nominee is identified their equivalent telephone number(s) or email address;

 

Consignment means the item(s), parcel(s) or goods in respect of which the Consignor requires the Services;

 

Consignor means the person who contracts herein with the Carrier for the performance of services;

 

Contract means the contract for Services between the Carrier and the Consignor entered into under these Conditions;

 

Dangerous Goods means any volatile spirits, explosive materials or other items which are or may become dangerous or inflammable and any goods that are defined as dangerous goods under:-

  1. the Carriage of Dangerous Goods by Road Act 1998 as amended by S.I No. 349 of 2011 and S.I No. 238 of 2013; and/or

  2. the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997; and/or

  3. the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 (SR 160 of 2010); and/or

  4. the European Agreement Concerning the International Carriage of Dangerous Goods by Road, the Annexes to it and the protocol of signature thereto done at Geneva on 30 September 1957, as amended, in the version applicable as from 1 January 2011 (the “ADR”) where “Annexes” mean Annexes A and B to the ADR referred to in Annex 1 to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods, as adapted by Commission Directive 2010/61/EU of 2 September 2010 adapting for the first time the Annexes to Directive 2008/68 of the European Parliament and of the Council on the inland transport of dangerous goods to technical progress;

as each of the above may be amended from time to time by any protocol, regulation or statute together with any other statute, rule, regulation, code or convention relating to international carriage by road for the time being in force;

 

Delay means failure by the Carrier to deliver a Consignment or any part thereof within five (5) days of the agreed delivery date;

 

Delivery Address means the Consignment delivery address provided by the Consignor to the Carrier;

 

  • means any act, event, non-happening, omission or  accident beyond the Carrier’s reasonable control and includes in particular (without limitation) the following:-

  1. strikes, lock-outs or other industrial action;

  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war and includes non-availabilty of use of  usual routes in a safe manner;

  3. fire, explosion, storm, flood, snow, earthquake, subsidence, epidemic, pandemic, or  other natural disaster;

  4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

  5. impossibility of the use of public or private telecommunications networks; and

  6. the acts, decrees, legislation, regulations or restrictions of any government not reasonably foreseeable.

 

Non Standard Items means:-

  1. items exceeding a cubic weight of 30kg, subject to a maximum cubic weight of 100kg;

  2. items in excess of 30kg dead weight;

  3. items with dimensions in excess of 1200mm x 700mm x 700mm, subject to a maximum length of 2100mm and height of 1500mm.

  4. items that are not well packaged and secured by binding, tape or strapping;

  5. where fragile contents are not adequately packaged to mitigate against damage, including to other items.

  6. items that are protruding from the packaging;

  7. items that are not stable and prone to moving while in motion;

  8. an item which for any reason cannot travel on any automated conveyor system used by the Carrier from time to time;

  9. cash;

  10. live animals;

  11. fragile items, including glass, ceramics, works of art, perishables (including fresh goods of any nature), liquids, heirlooms, antiques, medications and items with medicated properties;

  12. time sensitive items such as vouchers, tickets, financial or money instruments;

  13. legally restricted items such as ammunition, controlled substances, firearms, flammables or incendiary items, illegal drugs (whether for human or animal use), obscene material and pornography;

  14. items not acceptable to a Parcel Collection Service Location where applicable;

  15. goods subject to an ATA Carnet or equivalent;

  16. goods requiring custom clearance or with other than usual customs formalities.

 

Owner’s Risk means that the Carrier shall not be liable for any loss of whatsoever nature and howsoever caused including negligence in relation to the performance of the Services or as a consequence of the Consignment being in the possession of the Carrier;

 

Parcel Collection Service Location means a location offering parcel collections services notified to the Carrier by the Consignor or the Consignee as the case may be where the Carrier may deliver the Consignment for collection;

 

Payment On Delivery means that delivery of a Consignment is contingent upon the payment by way of cheque, bank draft, postal order, credit card or debit card (but not by any other means) by the Consignee of a sum agreed in advance with the Consignor in respect of such Consignment (the “Payment”) and which sum the Carrier is authorised to receive on behalf of the Consignor;

 

Proof of Delivery means that the Carrier must obtain a signed delivery run sheet or electronic signature from an Authorised Person and “Proof” shall be construed accordingly;

 

Return Address means an address a Consignment is to be returned to in the event that delivery cannot be effected in accordance with Clause 7, as provided by the Consignor to the Carrier;

 

Services means the carriage, delivery and storage services provided by the Carrier;

 

Surcharge means the additional charge as stated by notice in writing from the Carrier to the Consignor from time to time.

 

  1. Words denoting

    1. the singular shall include the plural and vice versa; and

    2. use of the terms he, she, it, they, them shall refer to all and any of them; and references to a “person” shall include an individual, body corporate, unincorporated association or partnership.

 

  1. The expressions Carrier, Consignor and Consignee shall include those parties’ principals, agents, servants and employees.

 

  1. Headings are for convenience and shall have no effect on the interpretation hereof.

 

2  PRELIMINARY ACKNOWLEDGEMENTS

  1. The Consignor and the Carrier each acknowledge that:-

    1. Notwithstanding the generality of clause 16, the Contract is entered into upon the terms and conditions set out below and no addition, amendment and/or variation to these Conditions, whether verbal, written or otherwise shall be effective unless expressly acknowledged and authorised by an officer of the Carrier;

    2. in entering into the Contract,  neither the Consignor nor the Carrier relies on any representation or warranty (whether or not negligently made) that is not set out in these Conditions; and

    3. these Conditions supersede any other terms and/or conditions appearing elsewhere and shall prevail over and exclude any terms or conditions stipulated or incorporated or referred to by the Consignor.

 

3  THE CARRIER IS NOT A COMMON CARRIER

  1. The Carrier is not a common carrier and shall only accept goods for carriage subject to these Conditions. 

 

4  CARRIER’S RIGHTS OF REFUSAL AND INSPECTION OF GOODS

  1. The Carrier may in its absolute discretion:-

    1. refuse carriage of any item;

    2. refuse to provide any carriage, storage and/or delivery services at any time including after the commencement of such services; and

    3. open any Consignment or part thereof in order to inspect the Consignment to determine the nature or condition of the goods or to ascertain the ownership or destination of the Consignment where any consignment note or identifying document or mark is lost, damaged or destroyed.

 

  1. The Carrier shall not accept any Consignment unless either the Consignor has opened an account with the Carrier and is not in breach of any of the conditions or credit limits applicable thereto or the Consignment is a cash transaction with payment made in accordance with clause 13.

 

5  CARRIER’S RIGHT TO SUB-CONTRACT

5.1      The Carrier may employ and/or engage the services of any other carrier for the purposes of fulfilling the Contract (including any of the Carrier’s own servants (save in the course of their employment), agents and/or franchisees) and any such other carrier shall have the like power to sub-contract on like terms to these Conditions.

5.2       The Carrier enters into the Contract for and on behalf of itself and its servants, agents and/or sub-contractors all of whom shall be fully entitled to the benefits of the Contract and shall be under no additional or separate liability whatsoever to the Consignor or any third party claiming under the Contract.

 

6  CONSIGNOR’S REPRESENTATIONS & WARRANTIES

  1. The Consignor represents and warrants that:-

    1. the Consignor is the legal owner of and has full right, title and interest in and to all of the goods in the Consignment. Where the Consignor is not the owner of any goods in the Consignment, the Consignor is for all purposes the lawful and duly authorised agent of the owner(s) or any encumbrancers thereof and hereby accepts these Conditions for and on behalf of such owner(s);

    2. the Consignment has been correctly and accurately described, including as to the nature of the goods and the number, quantity, quality, value, dimensions and weight of the goods and/or packages in all material respects;

    3. the Consignment has been properly and sufficiently marked (including with reasonably necessary cautions to be used in handling and lifting the goods), addressed and packaged so as to ensure at all times safe storage and transportation with ordinary care and handling.

    4. any containers, packaging or pallets conform with any requirements of the Consignee.

    5. the Consignee Information is correct and correctly displayed;

    6. the Consignment will be available for collection by the Carrier on the date and at the time specified by the Consignor;

    7. the goods declared by the Carrier as Non-Standard Items and/or Dangerous Goods have not been included in the Consignment and have not otherwise been tendered for carriage or storage other than in accordance with clause 8;

    8. any person who is not the Consignor and who delivers a Consignment to the Carrier its servants, agents and/or franchisees is acting as the Consignor’s servant or agent and   is duly authorised to furnish Consignee Information, to sign any consignment note and to accept these Conditions on behalf of the Consignor.

 

  1. The Consignor hereby undertakes to hold the Carrier harmless from any damage, claim or cost arising from the breach of the warranties above mentioned.

 

  1. In the event of a breach by the Consignor of any warranty under clause 6.1, the Carrier may at its discretion and without prejudice to any other right or remedy it may have for breach of warranty or contract or otherwise under these Conditions:-

    1. cancel the Contract (and for the avoidance of doubt, the Consignor will not  be entitled to a refund); or

    2. accept the goods or Consignment for carriage at Owner’s Risk subject to such Surcharge that may be prescribed by the Carrier.

 

7  CARRIAGE AND DELIVERY

  1. Carriage shall commence when the Carrier takes physical control of the Consignment, whether at the point of collection or at the Carrier’s premises or facility as the case may be.

 

  1. Carriage shall terminate (unless otherwise terminated in accordance with these Conditions) when the Carrier relinquishes physical control of the Consignment at the Delivery Address or Return Address or at the Carrier’s premises or facility as the case may be.

 

  1. If the Delivery Address is unattended and the Contract is not subject to Proof of   Delivery the Carrier may at its discretion do any of the following:-

  1. leave the Consignment at a location at the Delivery Address that in the reasonable opinion of the Carrier is:

    1. clean and dry;

    2. not in view of the general public;

    3. not exposed to the elements or pets;

and the Carrier shall notify the Consignee by written notice left at the Delivery Address, telephone, text message or e-mail of the delivery and location of the Consignment and the Carrier’s responsibility for the Consignment shall thereby end; or

  1. leave the Consignment with a neighbour and the Carrier shall notify the Consignee by written notice left at the Delivery Address, telephone, text message or e-mail of the delivery and location of the Consignment and the Carrier’s responsibility for the Consignment shall thereby end; or

  2. store the Consignment at Owner’s Risk and:

    1. the Consignor shall pay on demand to the Carrier all costs and expenses incurred in relation to such storage; and

    2. the Carrier may thereafter deliver the Consignment to the Consignor at the Consignor's further expense;

and the Carrier shall notify the Consignee and/or the Consignor by written notice left at the Delivery Address, telephone, text message or e-mail of the availability of the Consignment. The Carrier’s responsibility for the Consignment shall end on such notification; or

  1. provided the Carrier has contacted the Consignee and the Consignee has  agreed, leave the Consignment at a Parcel Collection Service Location and the Carrier’s responsibility for the Consignment shall thereby end;

 

  1. If the Delivery Address is unattended and the Contract is made subject to Proof of Delivery the Carrier may leave the Consignment with a neighbour of the Consignee and the Carrier shall obtain Proof of Delivery and the Carrier’s responsibility for the Consignment shall thereby end. If the neighbouring premises is unattended, the Carrier shall leave a written notice at the Delivery Address and     take either of the steps specified at clause 7.3(c) or 7.3(d).

 

  1. The provisions of clause 7.3 and clause 7.4 shall apply irrespective of the provision of a Return Address by the Consignor to the Carrier.

 

  1. The provisions of this clause 7 shall apply in like manner to any delivery of a Consignment to the Return Address.

 

  1. If it has been agreed that the Consignee will collect the Consignment from the Carrier’s premises, the Carrier may release the Consignment to any person who presents himself to the Carrier as the Consignee or his agent or servant and the Carrier shall be deemed to have delivered the Consignment in accordance with these Conditions if the Carrier obtains from that person Proof of Delivery.

 

  1. If the Carrier is prevented from making delivery as a consequence, in the reasonable opinion of the Carrier, of the absence of a safe and/or adequate access to the Delivery Address, or a neighbouring address and/or the Return Address, the terms of clause 7.3(b), (c) or (d) shall apply, subject to the Carrier obtaining Proof of Delivery where this Contract is made subject to same.

 

  1. The Carrier shall not deliver any Consignment subject to Payment on Delivery unless such Payment has been received by the Carrier. The Carrier shall not be obliged to inspect or verify the Payment and shall not be liable to the Consignor or any other person for any direct, indirect or consequential loss arising or damages suffered in connection therewith. The Payment is not covered by the Carrier’s policy of insurance and shall be held by the Carrier at Owners’ Risk. For the avoidance of doubt, the Payment must be available for collection by the Carrier at the time of delivery failing which the Carrier shall not be obliged to deliver the Consignment.

 

  1. Delivery times are an estimate only and time of delivery of the Consignment is not of the essence to the Contract.

 

  1. For the avoidance of doubt, the Carrier shall not be obliged to perform any Contract in respect of which the   Consignee Information or any part thereof is incorrect.

 

  1. DANGEROUS GOODS AND NON STANDARD ITEMS

    1. Save as set out in this clause 8, the Consignor shall not seek to consign Dangerous Goods and the Carrier does not contract to carry and/or store Dangerous Goods.

 

  1. In the sole discretion of the Carrier, the Carrier may accept for carriage Dangerous Goods Packed In Limited Quantities in accordance with clause 3.4 of the ADR.  Such acceptance shall only be deemed valid where furnished by the Carrier to the Consignor in writing, signed by a director of the Carrier at least 24 hours in advance of the making available for collection or delivery of the Consignment, by the Consignor to the Carrier, for carriage and storage.  Such acceptance will be conditional upon the Consignor paying any applicable Surcharge and accepting that the Carrier’s acceptance of the Dangerous Goods Packed In Limited Quantities is at Owner’s Risk.

 

  1. In the event that the Carrier does agree to accept Dangerous Goods Packed In Limited Quantities for carriage, such goods must be accompanied by a full declaration in the required format of their nature, contents and the hazards presented (whether or not required by statute) and be properly and safely packed in accordance with any statutory regulations and industry standards in force applicable to the carriage of such goods, including but not limited to the Classification Packaging and Labelling regulations and Carriage of Dangerous Goods by Road guidelines.

 

  1. The Consignor shall indemnify the Carrier against all costs, losses, damages, expenses or other liability whatsoever arising out of the carriage of any Dangerous Goods (whether declared as such or not and whether or not arising out of the non-compliance by the Consignor with these Conditions) save insofar as the same arise out of the Carrier’s own negligence in which case such liability shall be determined in accordance with these Conditions.

 

  1. The Carrier may at any time at the Consignor’s sole risk and expense return the whole or any part of the Dangerous Goods to the Consignor or destroy or otherwise dispose of the whole or part thereof if the Carrier considers it necessary or advisable to do so.

 

  1. If, in the opinion of the Carrier, where items forming part of a Consignment are or are liable to become Dangerous Goods (other than any items tendered and accepted by the Carrier in accordance with clause 8.2) such items or Consignment (including items and materials that are not Dangerous Goods) may at any time be destroyed, disposed of, abandoned or rendered harmless by the Carrier without compensation to, but at the at the Consignee’s sole risk and expense and without prejudice to the Carrier's rights, including as to payment, under this Contract.

 

  1. The Carrier further reserves the right to refuse to accept any Non Standard Items for carriage and/or storage.  The Carrier may accept a Non Standard Item when the Consignor pays any applicable Surcharge and accepts that the Carrier’s acceptance of the Non Standard Item is at Owner’s Risk.

 

9  LIABILITY OF CARRIER

  1. Subject to clause 6.2 the Carrier shall be liable where such liability arises in contract, tort (including negligence) and/or breach of duty or statutory duty, unless otherwise restricted by these Conditions or by law and then to the maximum extent permissible, for:-

  1. any loss of or damage to the goods in a Consignment occurring whilst the  Carrier has responsibility for the Consignment, save for Delay;

  2. Delay in the delivery of any Consignment arising from the negligence of the Carrier.

 

  1. The Carrier’s liability is restricted to the financial limits set out at clause 10 unless otherwise agreed in writing by the Carrier prior to the Carrier’s acceptance of the Consignment.

 

  1. Subject to clause 9.4, the Carrier shall not be liable for:-

  1. loss of income;

  1. loss of profits;

  2. loss of business;

  3. loss of or damage to goodwill;

  4. loss of data; or

  5. waste of expenditure or management time.

 

  1. Nothing in these Conditions shall exclude or limit the Carrier’s liability for:-

  1. death or personal injury caused by his negligence;

  2. fraud or fraudulent misrepresentation; or

  3. any other matter for which it would be illegal for the Carrier to exclude or seek to exclude liability for.

 

10  LIMITATION OF LIABILITY OF CARRIER

  1. To the maximum extent possible, the Carrier’s liability under or in connection with this Contract is limited to whichever is the lower of the following amounts:-

    1. the replacement value of any goods comprising all or part of the Consignment which are lost or damaged;

    2. €15 (fifteen euro) per kilogram in respect of any one Consignment, up to a maximum of:

      1. four hundred and fifty euros (€450) for Consignments to anywhere on the island of Ireland; or

      2. one hundred and fifty pounds (£150)   for deliveries to anywhere in the United Kingdom, excluding Northern Ireland.

 

  1. The Carrier shall have no liability in connection with the payment of VAT.

 

  1. Where the Carrier pays an amount pursuant to clause 9.1 that is at least equal in value to the replacement cost of the Consignment then the Carrier shall be entitled to retain or receive the Consignment, dispose of same and retain any sums recouped from such disposal.

 

  1. For the avoidance of doubt, the Carrier shall have no liability for any loss, damage or delay incurred following delivery in accordance with clause 7;

 

  1. The Carrier shall have no liability to any person in respect of any Consignment that is not contracted on a Proof of Delivery basis.

 

  1. As the liability of the Carrier is limited in accordance with these Conditions, the Consignor should arrange its own insurance cover, if required.

 

11  EVENTS OUTSIDE OF THE CARRIER’S CONTROL

  1. The Carrier will not be liable or responsible for any Delay or failure to perform its obligations under this Contract caused by a Force Majeure Event.

 

  1. Performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Carrier will be entitled to an extension of time for performance for the duration of that period. If the Carrier determines that the Force Majeure Event may continue indefinitely, the Carrier reserves the right to cancel the Contract and the Carrier will inform the Consignor as soon as practicable in that event.

 

12  CLAIMS

  1. The Carrier shall not be liable for any loss, damage or other liability unless:-

 

  1. The Consignor gives written notice to the Carrier within seven (7) days from delivery in accordance with clause 7; and

  2. a fully completed Claim Form is received by the Carrier within 21 (twenty-one) days  of such notification pursuant clause 12.1(a); and

  3. the damaged goods are made available to the Carrier’s representative for inspection for a reasonable period following such receipt pursuant to clause 12.1(b); and

  4. provided however that all payments and other sums due to the Carrier from the Consignor in respect of the Consignment have been discharged in full.

 

  1. A supplier’s invoice must accompany any claim to ascertain the cost price of the item. If this is not available, the claim will not be accepted.

 

  1. Save in the sole discretion of the Carrier, sums due in accordance with claims pursuant to this clause 12 shall be payable by the Carrier only once the value of such sums have been fully and finally assessed and then within seven working days of the acknowledged receipt by the Carrier of full and complete payment details for the Consignor.  The Carrier shall not be liable for any delay where receipt of full and complete payment details has not been so acknowledged by it.

 

13  PRICING AND PAYMENT

  1. The price at which the Carrier has agreed to deliver or procure the delivery of the Consignment is based on:-

    1. the actual gross weight, or the band of gross weight applicable unless the item is an item of Dangerous Goods or Non Standard Items;

    2. the warranties and indemnities given herein on the part of the Consignor and accepted by the Carrier;

    3. the Carrier's cost of maintaining insurance cover against any liabilities assumed by it herein;

    4. the exclusion, limitations and restrictions of and on the Carrier’s liability hereunder; and

    5. any Surcharge.

 

  1. Pricing is exclusive of Value Added Tax unless otherwise stated.

 

  1. The Carrier’s charges (including in respect of the collection of Value Added Tax) for carriage, delivery and/or storage and any other services and/or Surcharge incidental to the Contract   shall be payable by the Consignor in advance and no Contract shall be deemed to have been formed until the Carrier’s charges have been paid in full, save with the prior written agreement of the Carrier or if the Consignor has opened an account with the Carrier.

 

  1. If the Consignor has opened an account with the Carrier, the Carrier shall submit invoices to the Consignor weekly or monthly, and the Consignor shall be obliged to settle such invoices within five (5) days of the date upon which the invoice was first issued.

 

  1. The Consignor shall not be entitled to set off, defer or withhold any payment due by the Consignor to the Carrier under the Contract against any claim made by the Consignor.

 

  1. The Consignor shall not be entitled to defer or withhold payment due by the Consignor to the Carrier, notwithstanding the absence of, or any discrepancy in:-

  1. proof of delivery signed by the Consignee or other Authorised Person;

  2. proof of acceptance of the condition of the Consignment, if applicable, signed by the Consignee or Authorised Person;

  3. proof that the Consignment was delivered to the Delivery Address or any Return Address provided by the Consignor; or

  4. a claim by the Consignee that the Consignment was not delivered in accordance with their instructions.

 

14  LIEN

  1. The Carrier shall have a special and/or general lien against the Consignor and/or the owner or owners of any goods comprised in any Consignment for any monies and other liabilities whatsoever due from the Consignor or such owner or owners to the Carrier.

 

  1. If any such monies or liabilities are not paid or satisfied within a reasonable time, the Carrier shall make reasonable efforts to notify the Consignor of the Carrier’s intention to sell the goods pursuant to such lien, unless within a reasonable time specified in the said notice the Consignor shall have paid such monies or liabilities and shall have collected or arranged for the disposal of the goods.

 

  1. Failing satisfaction of the conditions notified pursuant to clause 14.2, the Carrier shall be at liberty, in its sole discretion, to sell any or all such goods as agent for the owner or owners thereof and to apply the proceeds towards payment or satisfaction of all such monies or other liabilities and all the expenses of any such sale.

 

  1. The Carrier, upon accounting to the Consignor for the balance remaining (if any) after such application of the proceeds accrued pursuant to clause 14.3, shall be discharged from all liability whatsoever in respect of the Consignment.

 

  1. Failure to deliver within the specified time period due to exercise of the Carrier’s special or general lien shall not entitle the Consignor or such owner or owners to withhold payment of any of the Carrier’s charges or a Surcharge.

 

  1. CONSIGNORS ’S INDEMNITY TO THE CARRIER

    1. The Consignor shall indemnify the Carrier against:-

  1. losses suffered by the Carrier arising from any negligent act, negligent omission, negligent misdirection or negligent misstatement by the Consignor or Consignee;

  2. losses suffered by the Carrier arising from any inaccuracy or omission relating to the packaging or labelling of the goods or the accuracy of any markings or branding of the goods or the description, value or other particulars furnished by the Consignor to the Carrier;

  3. fraud or fraudulent misrepresentation;

  4. save as otherwise agreed, claims of any nature for loss or damage resulting from the carriage or storage of Dangerous Goods and/or Non Standard Items (including indirect and consequential loss);

  5. claims and demands made by a third party attributable to lack of authority on the  part of the Consignor to enter into the Contract upon these Conditions; and/or

  6. all liabilities arising from any breach of these Conditions by the Consignor.

 

  1. The Consignor shall not be liable to the Carrier for:-

  1. loss of income;

  1. loss of profits;

  2. loss of business;

  3. loss of or damage to goodwill;

  4. loss of data; or

  5. waste of expenditure or management time.

 

  1. VARIATIONS TO CARRIAGE AND DISCREPANCIES

    1. Notwithstanding the generality of clause 2, at any time during the term of the Contract the Consignor may request or the Carrier may recommend variations to the Contract and/or variations to any other matters covered by the Contract. The Carrier shall investigate the likely impact of any such requested or recommended variations upon the Service, the charge for the Service and other aspects of the Contract and shall report promptly to the Consignor. The Carrier shall not be obliged to agree to any requested or recommended variation and the manner of the provision of the Services shall be in the Carrier’ sole discretion.

 

  1. Notwithstanding the generality of clause 13.1 the Carrier is prepared to negotiate a different price if the Consignor requests any variation or amendment to these Conditions.

 

  1. Where the Parties have entered into a continuing Contract for services pursuant to these Conditions then and in that event the Carrier reserves the right to modify these Conditions and any related policies from time to time. It is the Consignor's responsibility to regularly take notice of any changes the Carrier may make to the Conditions. If the Carrier makes changes to the Conditions, the Consignor will be notified by email at least 14 days before the date the changes become effective. The Consignor's continued use of the Carrier's services after the effective date of such amended Conditions will constitute acceptance of the modified Conditions. If you do not agree to the modified Conditions, you should immediately notify the Carrier and cease using the Carrier's services.

 

  1. In the event that the Carrier notifies the Consignor within 48 hours of commencement of storage and carriage of a discrepancy between the weight of the Consignment stated by the Consignor on the relevant consignment note and the actual weight of the Consignment, the Carrier reserves the right to levy a Surcharge equivalent to the difference between (a) the charges payable on the basis of the actual weight of the Consignment and (b) the charges payable on the basis of the weight stated by the Consignment on the consignment note, such Surcharge to be payable at the same time as the other charges relating to the Consignment.

 

  1. The Carrier shall hold any Consignment in respect of which notification has been given in accordance with this Condition at the depot where the discrepancy is discovered for a period of 48 hours after giving notification to the Consignor and the Consignor shall have the right to attend at the relevant depot during such 48 hour period to inspect the Consignment and verify the discrepancy advised by the Carrier failing which the Consignor shall be deemed to have accepted the discrepancy.

 

17  RECEIPTS FOR CONSIGNMENTS

The Carrier shall, if so requested, sign a document produced by the Consignor acknowledging receipt of the Consignment but no such document shall be evidence of the condition of or the accuracy of the declared nature, quantity or weight of the Consignment at the time it is received by the Carrier.

 

18  LOADING AND UNLOADING

Consignments requiring appliances, plant, power or labour in addition to the Carrier’s own driver or as may reasonably be provided by the Carrier are accepted for carriage only on condition that the Consignor has duly ascertained from the Consignee that such appliances, plant, power or labour are available at the place of collection and/or the Delivery Address and/or the Return Address as the case may be.

 

19  ROUTE

Unless otherwise agreed by the Carrier in writing the method and route of transit shall be in the sole discretion of the carrier.

20  UNDELIVERED OR UNCLAIMED ITEMS

If by reason of the Consignment being undelivered or unclaimed, unless otherwise agreed in writing, the Carrier will hold the Consignment as a warehouse service subject to its normal warehouse service charges and terms prevailing at the time and subject always to the Carrier’s right of sale and Lien provided for in clause 14.

TIME LIMITS

Where any period of seven days or less provided by these Conditions is computed, there shall be ignored any Sunday or Bank, or Public or other statutory holiday.  Where any period provided by these Conditions ends on a day other than a working day in Ireland the deadline shall extend to the same time on the next working day.

 

22  ENFORCEABILITY

All rights, powers, authorities, obligations and/or exclusions or limitations of liability in these Conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of these Conditions or negligence by the Carrier or any person entitled to the benefit of these Conditions or any of their respective agents, servants or officers.

 

23  SEVERANCE

If any of these Conditions are determined by any court or other competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

24  DATA PROTECTION

  1. The Carrier’s Data Protection – Privacy Policy is adopted by the Parties for all purposes associated with this Contract and entry into this Contract is strictly subject to the terms of the said policy applicable form time to time.

 

  1. The Carrier shall be entitled to collect, store and process personal data, within the meaning of the Data Protection Acts 1988 to 2018 and General Data Protection Regulation 2018 and any subordinate instruments, legislation and/or regulations made thereunder, provided by the Consignor to the Carrier, in accordance with the Carrier’s Data Protection – Privacy Policy.

 

24.3     The Consignor consents to personal data being disclosed by the Carrier to:-

  1. independent third-party service providers who may be engaged in activities that include the fulfilment of the Contract, the processing of the Consignor’s payment details and the provision of support services;

  2. government agencies, policing and customs authorities to the extent required by law; and

  3. other third parties as outlined in the Carrier’s Data Protection Policy and/or Privacy Policy.

 

24.4      Where the Consignor is a Data Controller and discloses personal data of a Consignee and/or a third party to the Carrier, the Carrier will act as a Data Processor on the Data Controller’s behalf in accordance with the terms of the Carrier’s Data Protection – Privacy Policy.

 

25  WAIVER

  1. If the Carrier fails at any time during the term of a Contract, to insist upon strict performance of any of the Consignor’s obligations under the Contract, or if the Carrier fails to exercise any of the rights or remedies to which he is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve the Consignor from compliance with such obligations.

 

  1. A waiver by the Carrier of any default will not constitute a waiver of any subsequent default.

 

25.3     No waiver by the Carrier of any of these Conditions of Carriage will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

  1. NOTICES

    1. All notices to be given under this Contract may be given by ordinary post, hand delivery or delivered by email to the relevant party’s address for service of notices specified in respect of the Contract.

 

  1. A notice shall be deemed received (a) if delivered by hand upon signed receipt; (b) if sent by ordinary prepaid post at noon on the first business day after posting; (c) if sent by email at 10.00 a.m. on the first business day after sending or upon receipt where read receipt is electronically confirmed (whichever is the earlier).

 

26.3   This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

27  GOVERNING LAW AND JURISDICTION

These Conditions and each and every Contract made pursuant thereto shall be governed by and construed in accordance with the Laws of Ireland and the Consignor hereby submits to the exclusive jurisdiction of the Irish Courts.