1. Definitions

  • “Carrier” is the Same Day Dispatch Services Ltd, unless the context requires otherwise, includes any sub-contractor appointed by the Carrier.
  • “Customer” is the person or company who contracts for the services of the Carrier, including any other carrier who gives a Consignment to the Carrier for carriage.
  • “Contract” is the contract of carriage between the Customer and the Carrier.
  • “Consignee” is the representative of the company to whom the Carrier agrees to deliver the Consignment.
  • “Consignment” is any item or items the Carrier carries for a Customer at one time in one load or from one address to another in bulk or contained in one parcel, package, container or envelope, Or any separate number of parcels, packages, containers or envelopes sent at one time in one load by or for the Customer from one address to another. To avoid doubt, the expression “goods” shall include papers and documents other than those excluded in these Terms and Conditions
  • “Dangerous Goods” is when dangerous substances as defined in the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992, explosives, radioactive substances and any other substance of a similar hazard or anything the Customer asks the Carrier to deliver that could put the health and safety of people at risk

 

  1. General

  • The carrier requires the goods type and dimensions to be accurately described by the customer and any discrepancies with the actual weight and that provided by the customer will attract an extra charge.
  • The Carrier shall not be liable for any delay in delivery resulting from the unavailability at the delivery address or the inability to comply with certain special delivery instructions.
  • It is the responsibility of the customer to package the goods well enough to be transported without risk of damage during usual handling conditions.
  • The carrier reserves the right to subcontract the delivery to a third party and to choose the safest option of delivery as per the vehicle used.
  • The Goods in Transit Insurance is held by the carrier to the value £10000 for small vans. Any excess value is the responsibility of the consignee.
  • The carrier accepts no liability for consequential losses regardless of how they occur.
  • Any queries with regards to invoices must be made to the carrier within 14 days from the date of the invoice.
  • The carrier must be informed of any time-critical delivery or collection.
  • Items deemed too large for the Top box of a motor cycle will not be covered by insurance for orders requiring the use of a motor cycle.
  • The carrier accepts no responsibility for the loss of;
  1. Business
  2. Good Will
  3. Counter claims against the Consignee as a result of the Carrier and Force Majore.
  4. Mechanical Breakdown
  5. Riots, Protests
  • A waiting time charge will be put in force in the event of a delay to the collection or delivery on the part of the consignee.
  • A VAT charge is assigned to any charges made by the carrier at a standard rate.
  • The Customer is responsible for safeguarding the account numbers, passwords and online account login details and shall be liable for any bookings made by any person(s) whether authorised or not who provide the accurate customer access details.
  • Where a Booking is made on a “Next Day” or “Overnight” basis, this means that the Carrier’s subcontractor has been instructed to deliver the Consignment by the end of the first Business Day following the date of acceptance of the instruction by that subcontractor. Next Day does not mean that the Consignment is guaranteed by Carrier to arrive by the end of the next Business Day. “Business Day” means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
  • The Carrier and its agents have the right to open the Consignment without prior notice to the Customer.

 

  1. Dangerous Goods

  • Dangerous Goods must be disclosed by the Customer in advance and if accepted by the carrier, must be classified, packed and labelled in accordance with the statutory regulations for the carriage by road of the substance(s) declared. Transport Emergency Cards or information provided in writing as recognized by the relevant body authorized to make regulations must be provided by the Customer in respect of each substance and must accompany the Consignment.

 

  1. Delivery

  • The Carrier shall in accordance with instructions set out in the Booking (or subsequently agreed with Customer) collect the Consignment identified from a collection address specified, within the collection time period specified (if any), and shall transport the Consignment by motor vehicle to the destination address specified and deliver them there within the delivery period specified (if any).
  • The Customer is responsible for ensuring that the Carrier is provided with the correct collection and delivery address details. The Carrier will not be responsible for any losses arising as a result of the Customer providing incorrect information. Further, the Customer will be liable for any reasonable costs incurred by the Carrier in carrying out such a collection or delivery.
  • Whilst the Carrier will endeavour to carry out its services within any time periods specified by the Customer, the Carrier will not be liable for any loss caused to the Customer by a failure to adhere to any such time periods. Further, any time periods for collection or delivery stated by the Carrier are advisory only and not binding and the Customer will not be eligible for compensation where these time periods are not adhered to. Notwithstanding any discussion with any staff of the Carrier, time shall not be of the essence of the contract in respect of delivery. Customer acknowledges that Carrier’s staff are prohibited guaranteeing delivery times.
  • A Consignment cannot be delivered to P O Boxes or postal codes. Consignments are delivered to the Receiver’s address given by the Customer but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If a Receiver refuses delivery or the shipment is deemed to be unacceptable or the Carrier or its agent cannot reasonably identify the Receiver’s address, the Carrier shall use reasonable efforts to return the Consignment to the Customer at the Customer’s cost, failing which the Consignment may be released, disposed of or sold by the Carrier without incurring any liability whatsoever to the Customer or anyone else with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of sale to be returned to the Customer.
  • The Carrier and its agents shall use their best endeavours to obtain a signed proof of delivery (“POD”) at the time of delivery of the Consignment, such proof either being paper based or via an electronic handheld device.
  • The Carrier or their agent will, wherever possible, deliver the Consignment to the named Receiver. However, where the Receiver is not immediately available the Carrier or its agents reserve the right to deliver the Consignment to:
  • In the event of a residential address, another adult at the same address or, where there is no one present, a neighbour or other person or organisation the Customer or the Receiver has specified or approved as recipient of the Consignment
  • In the event of serviced apartments or a hotel, the concierge or reception desk
  • In the event of commercial premises, delivery will be to security, a post room, reception or any other place deemed safe at the discretion of the Carrier or its agent.
  • The person signing the POD is deemed to be acting as agent for the Customer and must note on the POD whether there is any damage to the packaging and/or goods since otherwise, as between the parties, such receipt shall be conclusive evidence as to the facts of time and delivery and evidence that they were delivered in good condition. Where no indication of damage has been noted, then no subsequent claim for loss or damage can be accepted by the Carrier.
  • The Customer is responsible for arranging for the Consignment to be carefully checked immediately upon receipt by the Receiver or other recipient of the Consignment.