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Copyright © SendSocial 2010
Copyright © SendSocial 2010
Please note that we do not accept certain types of goods for carriage. Click here to see the types of goods that we do not accept. Subject to Clause 10 below, we do not accept any liability arising out of or in connection with goods not accepted for carriage.
SendSocial is a trading name of SendSocial Ltd, incorporated in England and Wales with company number 06987799 whose registered address is Park Villa, 3 Park Lane, Stamford, PE9 2LU. All prices are inclusive of VAT - our registration number is 986 5310 87.
SendSocial Ltd ("the Company") accepts certain goods for carriage subject to the Standard Terms and Conditions set out below ("these Conditions").
1. Definitions
In these Conditions:
2. General
The Company agrees, subject to the Customer's observance at all times of these Conditions and the Customer's payment of the specified price, to carry Parcels agreed upon by the Company and the Customer.
The Company is not a common carrier and will accept goods for carriage only on these Conditions.
These Conditions shall solely apply to any agreement between the Company and the Customer relating to carriage and the Customer shall be deemed to have notice of these Conditions if and as soon as he or she places an order with the Company for the carriage of a Parcel.
3. Parties and sub-contracting
Where the Customer is not the owner of some or all of the goods to be carried by the Company the Customer shall be deemed for all purposes to be the Agent of the owner or owners and that if any other person has an interest in the goods the Customer is acting as his fully authorised Agent also.
The Company may employ any carrier to fulfil the Contract. Any such carrier shall have the power to sub-contract and these Conditions shall apply to such carriers on like terms.
4. Goods not accepted for carriage
The Customer shall not request that the Company carry, and the Company shall not knowingly accept any of the following goods for carriage. No liability whatsoever, including losses arising from negligent acts of the Company, shall arise in respect of them to the Company:
Dangerous, hazardous, noxious, flammable or perishable goods including but not limited to livestock, living animals, fish, birds or any other living organism, liquids, frozen or perishable food, gases in liquid or gaseous or frozen form, pyrotechnics, arms, firearms and ammunition or corrosive, toxic, flammable, explosive oxidising, or radioactive materials, wines, beer, spirits, prescription medicines, medical or bio hazardous samples or organs for transplant or otherwise.
Any goods either in their own right which, or the carriage of which, are prohibited by the law or regulation of any government or public or local authority of any country where the request for carriage of such goods is contemplated. Please refer to our excluded items and prohibited goods.
5. Customer warranty
The Customer warrants that it will not supply to the Company any Goods not accepted for carriage. The Customer warrants that all goods have been properly and sufficiently packaged and labelled in accordance with the instructions issued by the Company on its website.
The Customer warrants that the content, nature and type of goods within the Parcel are as described by the Customer upon any request made by the Company for a description of the goods to be conveyed. The Customer accepts that it is entirely reasonable for the Company to rely upon the accuracy of the Customer's description of the goods which may be unidentifiable to the Company being within sealed packaging, in ensuring that the Company complies with its legal and other obligations under Clause 4, and the Customer will be liable for and indemnify the Company for any loss, damage or liability arising from a breach of this warranty in accordance with Clause 12 should it not be fulfilled.
6. Shipment notes
The Company shall, if so required, sign a document prepared by the Customer, acknowledging receipt of the Shipment, but no such document shall be evidence of the condition or correctness of a declared nature, quantity or weight of the Shipment at the time it is received by the Company.
7. Transit, unclaimed goods and undelivered goods
Transit shall commence when the Parcel is handed to the Company at the point of collection specified by the Customer. The Company is entitled entirely at its discretion to convey the Parcel by any means of conveyance and by any route whatsoever.
Transit shall (unless otherwise previously determined) end when the Parcel is offered for delivery at the usual place of delivery at the Consignee's address provided that, when for any other reason whatsoever a Parcel is held by the Company "to verify the delivery address" or
"to be kept pending the Customer calling to arrange delivery" or upon any like instructions and such instructions are not given, or the Parcel is not called for and removed within a reasonable time, such reasonable time to be at the discretion of the Company, then transit shall be deemed to end. A successful delivery is also deemed when the parcel/s have been delivered to a safe place or to a neighbouring address. The Company shall store such Parcels subject to all goods being solely at the Customer's risk and subject to disposal in accordance with Clause 14.
Where, for any reason whatsoever, the Company is unable to convey the Parcel to the address to which it is consigned, or to effect delivery at the said address, it will attempt two further deliveries in an attempt to effect delivery.
After three failed attempts at delivery, or after refusal of the Consignee to accept delivery of the Parcel for any reason whatsoever, the Company shall attempt to return the Parcel to the Customer. If the Company is unable to effect return delivery to the Customer at the Customer's specified return address on three separate occasions, or if the return delivery is refused at the specified return address, the Company shall be at liberty to deal with the goods in accordance with Clause 14. Prior to any disposal or destruction in accordance with Clause 14 the goods shall be held solely at the risk of the Customer.
8. Payment and pricing
The Company's charges for carriage and other services shall be payable by the Customer; however, the Company shall also have the right to demand and obtain payment from the sender or the Consignee, if different from the Customer, or from any other person who may be liable to pay the charges. Payment of the Company's charges is due at the time of making the booking. The Company shall be entitled at any time and from time to time to increase the Company's advertised charges for carriage or other services.
The Company reserves the right to charge a fee of £15 to the Customer: for any Parcel which requires booking in at either the Consignee's address or the Customer's address in the event of a return; If any Parcel is not ready for collection by the Company at the place and time agreed the Company, in which event such a charge may be made for "Nothing to collect". All amounts payable by the Customer are subject to Value Added Tax at the current rate.
In the event that the Company pays or agrees to pay to any third party any duty and/or taxes and/or levy in respect of any goods conveyed for the Customer: the Company shall do so on the sole basis that in doing so it is acting as the Customer's fully authorised agent; whether or not delivery of the Parcel is made to the address to which they are consigned, immediately upon receipt of the Company's duty invoice in respect of such duty and/or tax and/or levy the Customer shall settle such duty invoice in full; in the event of any Customer failing to comply strictly with the above, the Company shall be at full liberty to deal with the goods in accordance with Clause 14.
In respect of Parcels being carried outside of the United Kingdom and the Republic of Ireland, the Customer shall pay to the Company any unusual expenses incurred by the Company as a result of it conveying the goods.
9. Liability for loss and damage
Subject to the provisions of this clause and of clauses 4, 10 and 11, the Company shall be liable for any physical loss of, or physical damage to, goods during transit as defined in Clause 7, except to the extent that such loss or damage has arisen from or consists of:
the Customer or consignee not taking or accepting delivery within a reasonable time; insufficient or improper packing, labelling or addressing, including incorrect or missing postcode information; damage or breakage of articles of, or for that part of any articles that comprises of china, glass, porcelain, earthenware or other similar materials; Parcels containing any form of liquid; act or omission of the Customer or owner of the goods or of the servants or agents of either; Inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods, wear and tear, depreciation, moths, vermin, or the effect of any process of cleaning, dyeing or restoring any article;
Act of God, seizure under legal process; any consequence of war, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property by or under the order of any government or public or local authority, riots, civil commotion, lockouts, general or partial stoppage or restraint of labour from whatever cause, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, the direct or indirect effect of ionising radiations or contamination by radioactivity.
The Company shall not be under any liability of any kind for goods: where there has been fraud by the Customer or the owner of the goods or the servants or agents of either; or for the avoidance of doubt, where the Parcel was not in transit (as defined in Clause 7) at the time of the loss. Subject to clause 10 below, the Company does not accept any liability arising out of or in connection with Goods not accepted for carriage.
10. Limitation and exclusion of liability
Subject to Clauses 4, 9, 11 and 12, and the optional enhanced compensation limits set out in this clause 10, the Company's liability for the loss of or damage to any goods carried within the United Kingdom (which includes Northern Ireland, and all islands off the coast of Great Britain, excluding the Channel Islands) shall be limited to the lesser of: £25 per Parcel or the repair cost of the damaged goods, or the replacement cost of lost or damaged goods. Whether such loss or damage was due to the fault or negligence of the Company or otherwise, the Company shall be entitled to require proof of value of goods lost or damaged.
The Customer at its option may elect to order at an additional charge at the time of Customer set up, enhanced compensation for loss or damage, where the limit shall be the amount appropriate to the level of charge paid, as advertised by the Company from time to time, subject to a maximum limit available of £250. The enhanced compensation option is only available for signed for services.
Notwithstanding the above, the Company shall, in no circumstances whatsoever, including negligence, nuisance, breach of contract or non-performance by the Company, be liable to the Customer for: any indirect or consequential loss or damage of any kind, including any loss of profits or interest cost and for the avoidance of doubt, the cost of recompiling the information contained on the goods.
In the case of Parcels consigned to or from Northern Ireland, and islands off the Coast of Great Britain the Company shall have no liability for any loss in excess of the liability specified herein.
Nothing in these Conditions limits or excludes the liability of the Company: for death or personal injury resulting from negligence; or for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Company; or for any liability incurred by the Customer as a result of any breach by the Company of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
11. Claims for loss and damage
The Customer must notify the Company in writing of any loss or damage giving rise to a claim within 28 days of the date of commencement of transit of the affected Parcel. If the Customer fails to do so, the Company shall not be liable for any loss or damage, save and except where the Customer proves that: it was not reasonably possible for the Customer to advise the Company or make such claim in writing within the time limit applicable; and such advice or claim was made within a reasonable time;
The Company will require the Customer to substantiate a claim by providing any relevant information about the Parcel including proof of despatch, repair estimates, proof of value, cost price, invoices (excluding VAT), weight and nature of item(s) alleged to have been lost or damaged and in the case of alleged damage the Customer/Consignor/Consignee must ensure that the Parcel, its packaging and contents are held for inspection at the delivery point.
The Company may make such investigations as it deems necessary to satisfy itself of the validity of any claim. All claims for compensation must be made on a fully completed claim form which must be received by the Company within 14 days of the claim notification.
12. Customers' indemnity
The Customer shall indemnify and keep the Company indemnified against any and all losses, damages, costs and expenses incurred by the Company arising out of or in connection with the Customer's breach of any of the warranties provided in clause 5.
The Customer shall indemnify and keep the Company indemnified against all loss, damage, costs or expenses, howsoever arising, including the negligence of the Company, in respect of any damage or loss of every nature beyond the liability of the Company under these Conditions.
The Customer shall, in addition to its obligations under Clause 8, indemnify the Company against any duty, tax or levy not expressly agreed to be paid by the Company under the Contract.
The Customer shall indemnify the Company against any liability arising under Section 30(10) of the VAT Act 1994 (or any analogous provision in any other jurisdiction) or any statutory modification or re-enactment thereof in respect of a failure to export zero rated goods or to comply with any conditions in relation to zero rated goods intended to be exported.
13. Extension of protection to employees and agents
The Customer acknowledges and agrees that the provisions of Clauses 4, 9, 10, 11, 12 and 14 shall extend to protect and indemnify the employees and agents of the Company and that such provisions have been entered into and shall be enforceable by the Company for itself and as trustee or Agent for such employees and agents.
14. Lien and disposal of goods
The Company shall have a lien on all goods carried for the Customer for any amount due to the Company whether pursuant to the Contract or otherwise and for the cost of recovering the same. If the amounts owing to the Company in respect of which it has a lien are not satisfied within 28 days of the commencement of transit as defined in Clause 7, the Company shall be at full liberty to: sell the goods either privately or by auction and to apply the proceeds of any such sale in or towards any monies owing to it and the expense of the sale and shall account to the Customer for the balance remaining if any; or destroy the goods if any sale under sub-clause (i) is impractical in the opinion of the Company due to the value or saleability of the goods in question, or otherwise; and such sale or destruction as the case may be shall be a full discharge of any liability of the Company in respect of the goods.
15. Unreasonable detention
The Customer shall be liable to the Company for the costs incurred by the Company by reason of the Customer's unreasonable detention of vehicles, containers, and like equipment, but the Company's rights against any other person shall remain unaffected.
16. Proof of delivery
The Consignee may be requested to sign a proof of delivery of the Parcel. A record of the Consignee's signature, or a neighbour's signature, obtained upon delivery of the Parcel shall be conclusive evidence of the delivery of the Parcel. A Parcel left in a safe place with a drop card shall be conclusive evidence of the delivery of the Parcel.
17. Performance
The Company shall be temporarily relieved of its obligation to perform the Contract to the extent that performance is delayed by fire, severe weather conditions, industrial dispute, labour disturbance, delay by any government or public or local authority, and other causes beyond the reasonable control of the Company (a “force majeure” event) and for the avoidance of any doubt the Company's charges shall be payable in full in such circumstances. Where the Company, at its discretion, is prevented from performing the Contract due to a force majeure event and it returns the Parcel to the Customer its liability shall be limited to the price paid for the Contract and where it is unable to return the Parcel because of the particular circumstances of the force majeure event its liability shall be limited in accordance with Clause 10, without prejudice to the Company's rights at common law to treat the Contract as frustrated.
18. Severability
If any provision of these Conditions is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue in full force.
19. Insolvency
The Company may terminate this agreement forthwith by notice in writing if the other party being an individual (or where the other party is a firm or any partner in that firm) becomes bankrupt or is the subject of an order made under Section 252 of the Insolvency Act 1986 in relation to a voluntary arrangement or makes any conveyance or assignment for the benefit of creditors or purports to do so or the other party being a company has a receiver including an administrative receiver or manager appointed of the whole or any part of its assets, or if an order is made or a resolution passed for winding up the Customer, or if circumstances arise which entitle the Court or a creditor to appoint a receiver or manager, or which entitle the Court to make a winding up order; or the other party commits any material breach of this Agreement.
20. Interpretation and jurisdiction
The Contract and these Conditions shall in all respects be subject to and construed in accordance with English Law and the parties to the Contract hereby submit to the exclusive jurisdiction of the Courts of England and Wales.