24 hour. 7 Days
KMS advanced motorcycle training
TERMS AND CONDITIONS OF BUSINESS
"the Carrier" means KMS Courier Services 80
Ghyllside Avenue Hastings E Sussex TN34 2QH which expression shall, unless the
context requires otherwise, include any sub-contractor appointed by the Carrier
pursuant to Clause 3 below.
"the Customer" means 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.
"the Contract" means the contract of
carriage between the Customer and the Carrier, which shall be made subject to
these Terms and Conditions.
"the Consignee" means the person or company
to whom the Carrier contracts to deliver the Consignment.
"the Consignment" means goods in bulk or
contained in one parcel, package, container or envelope, as the case may be, 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 one address. For the
avoidance of doubt, the expression "goods" shall include papers and
documents, other than those expressly excluded in these Terms and Conditions.
"Dangerous Goods" means dangerous
substances as defined in the Road Traffic (Carriage of Dangerous Substances in
Packages etc.) Regulations 1992 (and any amendment or replacement thereof),
explosives, radioactive substances and any other substance presenting a similar
The Carrier is not a common carrier and accepts at
its sole discretion Consignments for carriage only upon that condition and the
Terms and Conditions contained herein. Save as may be agreed in writing by a
Director of the Carrier, no servant or agent of the Carrier is permitted to
alter or vary these Terms and Conditions in any way.
Authority and Sub-Contracting
3.1 The Customer warrants that he is either the owner
of the goods in any Consignment or is authorised by such owner to accept these
Terms and Conditions on such owner's behalf.
3.2 The Carrier and any other carrier employed by the
Carrier may employ the services of any other carrier for the purposes of
fulfilling the contract in whole or in part and the name of every such other
carrier shall be provided to the Customer upon request.
3.3 The Carrier contracts for itself and (subject to
paragraph 3.4) as agent of and trustee for its servants and agents and all other
carriers referred to in paragraph 3.2 above and such other carriers' servants
3.4 Notwithstanding paragraph 3.3, the carriage of
goods in any Consignment by rail, sea, inland waterway or air is arranged by the
Carrier as agent of the Customer and shall be subject to the terms and
conditions of the rail, shipping, inland waterway or air carrier contracted to
carry the Consignment.
Dangerous Goods must be disclosed by the Customer in
advance and if the Carrier agrees to accept them for Carriage they 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
("Tremcards") or information in writing in the manner required by the
relevant statutory provisions or by the relevant body authorised by statute to
make regulations must be provided by the Customer in respect of each substance
and must accompany the Consignment.
5.1 Unless the Carrier has agreed in writing to the
contrary with the Customer:
5.1.1 The Carrier shall not be under any obligation
to provide any plant, power or labour required for loading or unloading the
Consignment, other than that carried by the vehicle used by the Carrier;
5.1.2 The Customer warrants that any special
equipment required for loading or unloading the Consignment which is not carried
by the Carrier's vehicle will be provided or procured by the Customer;
5.1.3 The Carrier shall be under no liability
whatsoever to the Customer and the Customer shall indemnify and hold harmless
the Carrier for any damage, however caused, if the Carrier is instructed to load
or unload any goods requiring special equipment if such equipment has not been
provided or procured by the Customer.
The Carrier shall, if so required, sign a document
prepared by the Customer acknowledging receipt of the Consignment but no such
document shall be evidence of the condition or of the correctness of the
declared nature, quantity or weight of the Consignment at the time it is
received by the Carrier.
7.1 Transit shall commence when the Carrier takes
possession of the Consignment, whether at the point of collection or at the
7.2 Transit shall (unless otherwise previously
determined) end when the Consignment is tendered at the usual place of delivery
at the Consignee's address PROVIDED THAT:
7.2.1 If no safe and adequate access or, if
applicable, no adequate unloading facilities there exist, then transit shall be
deemed to end at the expiry of one hour after notice by telephone of the arrival
of the Consignment at the Carrier's premises has been given to the Customer; or
7.2.2 When for any other reason whatever a
Consignment cannot be delivered or when a Consignment is held by the Carrier to
"await order" or upon any like instructions and such instructions are
not given or the Consignment is not called for and removed within a reasonable
time determined by the Carrier, then transit shall be deemed to end at the
expiry of such reasonable time.
7.3 Transit shall
be conducted by whichever means appropriate, in consideration of time, distance
and mode of transport at the carriers discretion.
Undelivered or Unclaimed Goods
8.1 Where the Carrier is unable for any reason to
deliver a Consignment to the Consignee or as he may order, or when by paragraph
7.2 above transit is deemed to be at an end, the Carrier may sell the goods
comprising the Consignment. Payment or tender of the proceeds after deduction of
all proper charges and expenses in relation thereto and of all outstanding
charges in relation to the carriage and storage of the Consignment shall
(without prejudice to any claim or right which the Customer may have against the
Carrier otherwise arising under these conditions) discharge the Carrier from all
liability in respect of the Consignment.
8.2 Notwithstanding the generality of paragraph 8.1
above, the Carrier shall use his reasonable endeavours to obtain a reasonable
price for the Consignment and the Carrier's power of sale shall not be exercised
where the name and address of the Customer or of the Consignee is known unless
the Carrier shall use its reasonable endeavours to give notice to the Customer
and to the Consignee that the goods will be sold unless within the time
specified in such notice, being a reasonable time in the circumstances from the
giving of such notice, the goods are taken away or instructions are given for
9.1 The Carrier's charges shall be made in accordance
with its tariff current at the time of performance of the Contract. Invoices
will be prepared by the Carrier at least once a month. Credit facilities may be
withdrawn by the Carrier at its absolute discretion at any time and the balance
outstanding shall become due immediately on demand.
9.2 The Carrier's charges shall be payable by the
Customer without prejudice to the Carrier's rights against the Consignee or any
other person. Without prejudice to the generality of the foregoing, when goods
are consigned "carriage forward", the Customer shall not be required
to pay such charges unless the Consignee fails to pay after demand has been made
by the Carrier for the payment thereof and such demand has not been paid within
the time stipulated by the Carrier to the Consignee.
9.3 Charges shall be payable on the expiry of any
time limit notified to the Customer (whether on any invoice or otherwise) or
failing such notification 30 days after the relevant invoice and the Carrier
shall be entitled to interest at 3% above the base rate of Barclays Bank plc for
the time being calculated on a daily basis on all amounts overdue to the
Carrier. Any queries as to the correctness of the invoice must be made in
writing within fourteen days of issue of the invoice otherwise it will be
payable in full.
9.4 Except where any quotation states otherwise, all
quotations given based on a weight charge shall apply to the gross weight of the
9.5 Unless stated otherwise, all charges quoted are
exclusive of Value Added Tax.
9.6 All sums due to the Carrier shall be paid
without deduction, set-off or abatement and the Customer shall not withhold or
defer any payment on account of any claim or counterclaim and acknowledges that
any such claim or counterclaim whatsoever by the Customer against the Carrier
must be subject to separate proceedings.
9.7 Certain deliveries/collections involving
other carrier services i.e. airlines/hotels will require payment of the total
invoice before departure at the carriers discretion.
9.8 As at the 1st
June 2003 the mileage charge is sixty pence per mile on the complete return
A minimum charge of £25 shall
9.9 Waiting time
will be charged after the first quarter hour at two pounds per quarter hour or
charges and incidental expenses will be added and receipts for the same
will be furnished where available. Deliveries/collections
involving ferry/train/airline and/or accommodation charges will be invoiced at
9.11 Quotations for
deliveries/collections do not include waiting time as in (see 9.9)
Multiple deliveries will be charged at £5 each after the first delivery.
Liability for Loss and Damage
10.1 The Customer shall be deemed to have elected to
accept the terms set out in paragraphs 10.2 and 10.3 below unless, before the
transit commences, the Customer has agreed in writing that the Carrier shall not
be liable for any loss or mis-delivery or damage to the Consignment however or
whenever caused and whether or not caused or contributed to directly or
indirectly by any act, omission, neglect, default or other wrongdoing on the
part of the Carrier.
10.2 Save where the Customer has made specific
arrangements for insurance with the Carrier prior to commencement of transit of
the Consignment (as determined in accordance with Clause 7.1), the Carrier shall
not be liable for any loss or mis-delivery or damage to bullion, money,
securities, deeds, bills of exchange, promissory notes, stamps, photographs,
documents of title to property, jewellery, precious stones, gold, silver,
platinum and other precious metals, non-ferrous metals other than in component
form, antiques, watches, furs, drugs, human remains, nuclear fuel or nuclear
waste, cassettes, videos, spirits, tobacco (other than raw leaf tobacco) and
cigarettes, brittle/fragile/breakable articles or livestock and the Customer
shall indemnify and hold harmless the Carrier in respect of any loss or damage
caused in respect thereof to any person whatsoever. In addition, the Carrier
shall not carry any passengers under any circumstances.
10.3 The Carrier shall not be liable in respect of
any loss or mis-delivery of or damage to any Consignment if the same has arisen
from and the Carrier has used reasonable care to minimise the effects of:
10.3.1 Acts of God;
10.3.2 Any consequences of war, invasion, act of
foreign enemy, hostilities (whether war or not), civil war, rebellion,
insurrection, military or usurped power of confiscation, requisition or
destruction of or damage to property by or under the order of any government or
public or local authority;
10.3.3 Seizure or forfeiture under legal process;
10.3.4 Act, omission, misstatement or
misrepresentation by the Customer or other owner of the Consignment or by
servants or agents of either of them;
10.3.5 Inherent liability to wastage in bulk or
weight, defect or inherent defect, natural deterioration or fragility of the
Consignment (notwithstanding that it may be marked "Fragile");
10.3.6 Insufficient or improper packing;
10.3.7 Insufficient labelling or addressing;
10.3.8 Riot, civil commotion, strike, lockout,
general or partial stoppage or restraint of labour from whatever cause;
10.3.9 The Consignee not taking or accepting delivery
within a reasonable time after the Consignment has been tendered;
10.3.10 Failure or delay in delivery for any reason
whatsoever beyond the control of the Carrier.
10.4 The Carrier shall not in any circumstances be
liable for loss or damage to the Consignment after transit of such goods is
deemed to have ended within Clause 7 above, whether or not caused or contributed
to directly or indirectly by any act, omission, neglect, default, or other
wrongdoing on the part of the Carrier.
The Carrier shall not in any circumstances be liable
in respect of a Consignment where there has been fraud on the part of the
Customer or the owner of the Consignment or any part thereof or the servants or
agents of either of them in respect of that Consignment, unless the fraud has
been contributed to by the complicity of the Carrier or of any servant of the
Carrier acting in the course of his employment.
Carrier shall not in any circumstances be liable for any loss or damage or for
loss of profit or for loss of a particular market whether held daily or at
intervals. The consignee will be
deemed to have insured the consignment under their own policies.
Time Limits for Claims
13.1 The Carrier shall not be liable for:
13.1.1 Loss of a parcel, package, or container or
from an unpacked Consignment or for damage to a Consignment or any part of a
Consignment unless it is advised thereof in writing otherwise than upon a
consignment note or delivery document within 3 days and the claim giving details
of quantum and the circumstances of any loss is made in writing within 7 days
after the termination of transit as determined above;
13.1.2 Loss or mis-delivery or non-delivery of the
whole of the Consignment or any separate parcel, package or container forming
part of a Consignment unless the Carrier is advised of the loss, mis-delivery or
non-delivery in writing, otherwise than upon a consignment note or a delivery
document within 14 days and the claim giving details of quantum and the
circumstances of any loss is made in writing within 21 days after the
commencement of transit as determined above.
Indemnity to the Carrier
14.1 The Customer shall indemnify the Carrier
14.1.1 All consequences suffered by the Carrier
(including but not limited to claims, demands, proceedings, fines, penalties,
damages, costs, expenses and loss of or damage to the carrying vehicle and to
other goods carried) of any error, omission, misstatement or misrepresentation
by the Customer or other owner of the Consignment or by any servant or agent of
either of them, insufficient or improper packaging, labelling or addressing of
the Consignment or fraud;
14.1.2 All claims and demands whatsoever by
whomsoever made in excess of the liability of the Carrier under these Terms and
14.1.3 All losses suffered by and claims made against
the Carrier resulting from loss of or damage to property caused by or arising
out of the carriage by the Carrier of Dangerous Goods whether or not declared by
the Customer as such;
14.1.4 All claims made upon the Carrier by H M
Customs & Excise in respect of dutiable goods consigned in bond whether or
not transit has ended or been suspended.
The Carrier shall have a general lien against the
Customer, where the Customer is the owner of the Consignment, for any moneys
whatever due from the Customer to the Carrier. If such a lien is not satisfied
within a reasonable time, the Carrier may at its absolute discretion sell the
Consignment or part thereof, as agent for the Customer and apply the proceeds
towards moneys due and the expenses of the retention, insurance and sale of the
Consignment and shall, while accounting to the Customer for any balance
remaining, be discharged from all liability whatsoever in respect of the
Consignment. Where the Customer is not the owner of the Consignment, the Carrier
shall have a particular lien against the said owner, allowing the Carrier to
retain possession, but not dispose of, the goods against moneys due from the
Customer in respect of the Consignment.
The Customer shall be liable for the cost of
unreasonable detention of any vehicle, trailer, or other item of the Carrier,
but the rights of the Carrier against any other person shall remain unaffected.
Impossibility of Performance
The Carrier shall be relieved of its obligation to
perform a Contract to the extent that performance is prevented by the failure of
the Customer, fire, weather conditions, industrial dispute, labour disturbance
or cause beyond the reasonable control of the Carrier.
Computation of Time
In the computation of time, where any period of days
provided by these Terms and Conditions is 7 days or less, Saturdays, Sundays and
all Bank/Public Holidays shall be excluded.
Law and Jurisdiction
These Terms and Conditions and all Contracts shall be
governed by and construed in accordance with the Laws in England and any
proceedings in relation thereto shall be subject to the exclusive jurisdiction
of the English Courts.