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

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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.

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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.

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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.

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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.

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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.

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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.