The following terms shall have the following meanings unless the context requires otherwise:
1.1 “AMS” means AMS UK & Worldwide Couriers Ltd whose base is at The Hythe, Heatherwold, Newtown, Newbury, Berkshire, RG20 9BG and whose registered office is at 130 High Street, Hungerford, Berkshire RG17 0DL and (unless the context precludes the same) includes AMS’s drivers, agents and any person or persons carrying passengers or goods under any contract with AMS.
1.2 “Conditions” means the standard terms and conditions of trading set out in this document.
1.3 “The customer” means any person firm company or organisation to whom AMS agrees to provide any of its services and includes the Customer’s servants or agents.
1.4 “Loss” means loss or damage to goods, or non-delivery or mis-delivery.
1.5 ” Consignee” means the person to whom AMS delivers the Goods.
1.6 “Goods” means goods or property, whether or not contained in separate parcels, packages, containers or envelopes to be delivered by AMS for the Customer from one address to another, including any papers and documents.
1.7 “Dangerous Goods” means dangerous goods as defined in the Carriage of Dangerous Goods by Road Regulations 1996 (as amended, re-enacted or extended from time to time), and any other noxious, dangerous, hazardous, inflammable, or explosive goods likely to cause or encourage disease, vermin, pests or other hazard., or any goods likely to cause damage.
2.1 All and any business undertaken, including any advise, or information given, or service provided, whether gratuitously or not by AMS is subject to these Conditions and each Condition shall be deemed to be incorporated in, and to be a condition of, any agreement between AMS and the Customer.
2.2 AMS is not a common carrier and accepts at its sole discretion Goods for carriage subject only to these Conditions. These Conditions shall apply to the exclusion of any other terms and conditions (including those of the Customer). Unless agreed in writing by a Director of AMS, no employee, agent or sub contractor of AMS is authorised to alter or vary these Conditions.
2.3 It is agreed by the Customer and AMS that the Contracts (Rights of third Parties) Act 1999 (“the Act”) shall not apply to these conditions.
3.1 All offers and quotations by AMS are given on the basis of prompt acceptance by the Customer and shall only remain for acceptance for a period of seven days unless revoked, withdrawn, or verified by AMS prior to such acceptance.
4. Price and Value Added Tax
4.1 Prices quoted are based on the cost of labour, transport, duties, levies, currency, exchange rates and statutory obligations ruling at the date of the quotation and if, before delivery of the goods, there occurs any increase in any of such costs, the price payable may be increased to allow for such increase. AMS shall also be entitled to increase such price in the event of any error or omission affecting it or its calculation.
4.2 VAT will be charged to and paid by the Customer in addition to the price referred to in clause 4.1 above at the rate in force at the appropriate tax point.
5. Basis of Trading
5.1 Any instructions or business accepted by AMS may, in its absolute discretion be fulfilled by AMS itself by its own servants performing part or all of the relevant services, or by AMS employing or instructing or entrusting the carriage of goods to others to perform part or all of the services.
5.2 Subject to express instructions given by the Customer and accepted by an authorised officer of AMS reserves to itself absolute discretion as to the means, route and procedure to be followed in the carriage of passengers, and in the handling, storage and transportation of goods. If in the opinion of AMS it is at any stage necessary or desirable in the customer’s interests to depart from those instructions, AMS shall be at liberty to do so.
6. Customer’s warranties
6.1 Any Customer entering into transactions of any kind with AMS for the carriage of goods expressly warrants that: 6.1.1 It is either the owner, or the authorised agent of the owner of any goods to which the transaction relates; and 6.1.2 It is authorised to accept and is accepting these Conditions not only for itself, but also as agent for and on behalf of all other persons who are or may thereafter become interested in the goods; and 6.1.3 All goods entrusted to it for carriage have been properly and sufficiently packed and labelled.
7. Terms of Payment
7 .1 All sums shown to be due to AMS in its invoices sent to the Customer shall be paid to AMS immediately when due, 30 days from receipt of invoice, without any deductions or payments and shall not be withheld or deferred on account of any claim, counterclaim or set-off.
7.2 If full payment is not received by the due date for payment:-
7.2.1 Interest shall be payable by the Customer from the date by which payment should have been made on the unpaid amount on a daily basis at the rate of 4% per annum above the base lending rate of National Westminster Bank Plc from time to time in force unless otherwise specified.
7.2.2 AMS shall have the right to suspend any further deliveries under the particular contract or any other contract or accepted order until payment is made in full and in addition shall have the right to cancel the particular contract in relation to such further deliveries and any other contract with the Customer or accepted order and no time or indulgence granted by AMS to the Customer shall prejudice any right or remedy which it any have in any manner whatsoever.
8. AMS’s liability
8.1 Subject to clauses 8.2 and 8.3 AMS shall be under no liability whatsoever, howsoever arising, whether in respect of or in connection with any goods or any instructions, business, advice, information or service or otherwise.
8.2 AMS shall only be responsible for any Loss if it is proved that the Loss occurred whilst the goods were in the actual custody of AMS and under its actual control and that such Loss was due to the negligence of AMS.
8.3 AMS shall not be liable for any detention of goods or delay in delivery of goods or any consequential loss or damage of deterioration arising there from unless:
8.3.1 The customer shall have specified in writing to AMS the nature of the goods and purpose of their transit; and
8.3.2 The directors of AMS have agreed in writing with the Customer a time schedule and specification in respect of the transit of the said goods; and
8.3.3 It is proved that such detention; delay, loss, damage or deterioration was due to the negligence of AMS.
8.4 It shall be the responsibility of the Customer to satisfy itself that any load that it wishes to have carried by AMS shall be suitable for transport in the vehicle or machine ordered by the Customer and provided by AMS, and if the Customer accepts the vehicle or machine offered by AMS for the carriage of such load, AMS will accept no liability whatsoever for any loss or damage to such load arising from the unsuitability of such vehicle or machine.
8.5 In no case whatsoever shall any liability of AMS, howsoever arising, and notwithstanding any lack of explanation exceed the value of the relevant goods or £100,000 per consignment, whichever is the lesser.
8.6 In the event of a liability claim the Customer must: 8.6.1 Advise AMS in writing within 7 clear days of any loss from a package or an unpacked consignment or any Loss: and 8.6.2 Send a quantified claim in writing to AMS within 28 days after the end of the transit of the consignment.
8.7 If the Customer fails to comply with clause 8.6 AMS shall be discharged from all liability whatsoever.
8.8 All Dangerous Goods must be disclosed by the Customer in advance and unless otherwise agreed, AMS will not accept or carry Dangerous Goods. Where AMS accepts Dangerous Goods for carriage they must be classified, packed and labelled in accordance with any applicable statutory regulation for the carriage of such substance and with any specific instructions of AMS. The Customer shall further provide such information, document or declaration as may be necessary to enable the carriage of such substance.
8.9 If the Customer delivers any such goods to AMS, or causes AMS to handle or deal with any such goods without complete documentation and declarations as may be necessary the Customer shall be liable for all loss or damage whatsoever caused by or in connection with the goods, howsoever arising, and shall indemnify AMS against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith. Furthermore, the goods may be destroyed or otherwise dealt with at the sole discretion of AMS, or by any other person in whose custody they may be at the relevant time.
8.10 Unless prior written arrangements are made between the Customer and AMS, AMS will not accept or deal with bullion, coins, precious stones, jewellery, valuables, antiques, pictures (excluding commercial artwork), livestock or plants. If the Customer delivers any such goods to AMS or causes AMS to handle or deal with any such goods without such prior written arrangements AMS shall be under no liability whatsoever for or in connection with the goods howsoever arising.
9. Force Majeure
9.1 Both AMS and the Customer shall be released from the respective obligations in the event of the national emergency, war, prohibitive government regulations or if any cause beyond the Customer’s or AMS’s reasonable control renders the performance of any order impossible. This provision shall not relieve the Customer of its obligation to pay for all goods delivered pursuant to any instructions.
10.1 Dates for delivery are estimates given in good faith and as accurately as possible but are not guaranteed and AMS cannot accept responsibility for any failure to deliver or late delivery due to circumstances beyond its control.
11.1 The headings are for convenience only and do not limit or otherwise affect the interpretation of these conditions.
11.2 These Conditions shall be governed by and construed in accordance with English law and AMS and the Customer agree to submit to the exclusive jurisdiction of the English courts
11.3 If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of these Conditions and of such provision shall continue in full force and effect.