Within these conditions, the following definitions shall apply: ‘You’, ‘Your’, ‘Yours’ shall mean the customer (whether private individual or company). ‘We’, ‘Us’ or ‘Our’ means Rapid Shipping Ltd of Christchurch House, Upper George Street, Luton, LU1 2RS.
1 Validity of Our Quotation
1.1 Our quotation is valid for one calendar month from the date of issue unless:
1.2 There is a significant fluctuation in the value of foreign currency beyond that which could have been reasonably foreseen at the time of the issue of Our quotation
1.3 There are delays or events beyond Our control which increase the time or resources required to complete the work
2 Services Excluded from Our Quotation
2.1 Unless otherwise stated within the text of Our quotation, it does not include the following charges. Should they occur, they will be added to Your account.
2.1.1 Insurance, customs tax, duty or inspection charges, port charges incurred as a result of customs delays – including (but not limited to) storage, quay rent, cargo dues or other charges due to customs or port authorities.
2.1.2 Collection or delivery on Saturdays, Sunday or Public Holidays
2.1.3 Collection from or delivery to outside of standard office hours (8am to 6pm)
2.1.4 Collection from or delivery to, a property above the first floor or with rooms above the first floor.
2.1.5 Access to Your goods whilst they are in storage at Our premises
2.1.6 Collection or delivery of any items which cannot be hand carried by three men into or out of the property without any specialist lifting equipment or requirement to remove any doors or windows from the property.
2.1.7 Collection or delivery from premises where Our vehicles cannot legally park within 20 metres of the loading doorway of the premises.
2.1.8 Any parking fines, suspension fees or other charges related to parking at Your premises.
3 Activities Our staff cannot undertake
3.1 Our staff will not be able to undertake any of the following activities:
3.1.1 Enter any loft or ceiling spaces (unless a proper staircase and lighting is in place)
3.1.2 Dismantle or reassemble furniture of any type, with the exception of divan-type beds and table legs requiring only screwdrivers to remove.
3.1.3 Dismantle sheds, greenhouses, climbing frames or any other garden equipment.
3.1.4 Disconnect or reconnect dishwashers, washing machines, ovens, fridges or any other type of domestic appliance.
4 Your responsibilities
4.1 It is Your responsibility to:
4.1.1 Ensure Your goods are properly insured during transit – please see clause 9 for details of Our liability.
4.1.2 Obtain at Your expense, and supply to Us as required, copes of all necessary documentation required for overseas customs purposes – including, but not limited to, import permits, residence visas, duty exemptions.
4.1.3 Be present during the collection or delivery of Your goods – or arrange for a nominated representative to be present.
4.1.4 Ensure that no items are left behind and that nothing is removed from the property in error.
4.1.5 Disconnect and prepare for transit all appliances and electronic equipment prior to Our crew arriving at Your premises.
4.1.6 Ensure that all domestic appliances and garden equipment are clean, dry and have no residual fluids remaining in them.
4.1.7 Supply Us with up to date contact address, telephone number and email information and ensure that We are able to contact You during the period Your goods are in transit and/or storage.
4.1.8 For shipments sent on a ‘door-to-port’ basis, it is Your responsibility to ensure that the recipient of the goods carries out all necessary local customs clearance procedures and collects the goods from the arrival port. In the event that goods are not collected at destination it will be Your responsibility to pay all costs in the return or destruction of the goods.
5 Items prohibited from transit or storage
5.1 The following items must not be submitted to Our crew for shipment unless agreed in advance in writing:
5.1.1 Stolen or illegal goods, drugs, pornography, dangerous or hazardous or explosive goods including but not limited to aerosol cans, gas canisters, oil based paints etc
5.1.2 Jewellery, watches, precious stones or metals, currency, securities, bonds, stamps, coins or collections thereof
5.1.3 Foodstuffs or other goods likely to encourage pests or vermin or other pests liable to cause contamination or infestation
5.1.4 Perishable items or goods required to be kept under controlled environmental conditions
5.1.5 Animals or plants
5.1.6 Goods which are subject to export controls or require specific government permission to export
5.2 If You do submit any goods listed above without Our knowledge and We subsequently discover them We will remove them from Your shipment and make them available for You to collect. If this is not done within a reasonable period of time We may dispose of these goods at Our convenience and without any liability to You for their loss.
6 Legal ownership of goods
6.1 You may only submit for shipment or storage items of which You are the legally recognised owner and are free of any legal charge.
6.2 If You do not own the goods to be shipped then You must have the full authority of the owner or any other person who may hold claim to their ownership before submitting for shipment.
6.3 If either of these are not the case then You will be responsible for any charges, damages or costs as a result of actions brought against Us by the legal owner of the goods.
7.1 Unless otherwise agreed in writing by a director of the company, We will require full payment in cleared funds seven days prior to collection of a shipment. In the event that this requirement is waived We will require full payment in cleared funds prior to shipments leaving the country of origin.
7.2 In the event that Our charges are not met within this time period, We reserve the right to refuse to commence shipment, or to refuse to continue shipment if it has already commenced.
7.3 In the event of sums being overdue to Us, We reserve the right to charge interest on a daily basis calculated at 4% per annum above the current base rate for the time being of the Bank of England.
8 Charges if You postpone or cancel Your Shipment
8.1 If You postpone or cancel Your shipment We reserve the right to charge You a postponement or cancellation fee according to the period of notice in working days given as follows:
8.1.1 Less than 24 hours before collection of shipment – Up to 100% of quoted shipment price
Less than 5 days before collection of shipment – Up to 60% of quoted shipment price
Less than 10 days before collection of shipment – Up to 30% of quoted shipment price
More than 10 days before collection of shipment – No charge
8.2 In the above table, ‘working days’ refers to the days Monday to Friday inclusive and excludes weekends and bank holidays.
9 Our liability for loss or damage to Your shipment
9.1 Unless otherwise indicated in Our written quotation, Our quotation does not include insurance for Your goods during transit. Where We arrange marine transit insurance this is through Royal Sun Alliance as detailed in Our insurance policy documentation and We act as an introducer only.
9.2 Unless otherwise agreed in writing by a director of the company will pay You a maximum of £40 per items suffering loss or damage if this is caused by Our negligence or breach of contract.
9.3 We will not accept liability for loss or damage unless this negligence or breach of contract occurs while the goods are in Our physical possession or in the possession of another party to whom We have subcontracted some or all of the work.
9.4 Where We use the services of a shipping line, airline or other international transport operator to convey Your goods We do so on Your behalf and the transit will be governed by the terms and conditions set out by that carrier for the duration of that part of the journey for which it is in said carriers’ possession.
9.5 If the carrying vessel should fail to deliver the goods, or be required to deliver them to a destination other than that which was initially arranged, due to circumstances beyond that carriers control, You may have limited recourse against that carrier depending on its own particular terms and conditions which were applicable to that journey. Furthermore You may be liable for General Average contribution and salvage charges, or other such costs, for which You will be directly responsible and for which We will not accept any liability.
9.6 We will not be liable for any goods which are confiscated, seized, detained or damaged by customs authorities, quarantine agencies or other such government agencies.
9.7 For the purpose of this contract an ‘item’ will be defined as the entire contents of a box, package or container.
10 Exclusions of Liability
10.1 We will not be liable for any delays or failure to provide the service contractually agreed to if it is caused directly or indirectly by war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, rescheduled sailing or flights, port congestion or other events beyond Our control.
10.2 We will not be liable for any loss or damage caused to Your goods as a result of the following:
10.2.1 Moth, vermin or other infestations.
10.2.2 Cleaning or repair work which is not directly arranged by Us.
10.2.3 Damp, mould, mildew, rusting, tarnishing or other deterioration caused by external atmospheric conditions.
10.2.4 We will not be liable for any damage caused to goods which are packed into wardrobes, drawers & cupboards or other furniture items. We will not be liable for any furniture items which are sent with goods inside them.
10.2.5 We will not be liable for any loss or damage caused to the contents of any box, carton, case or other container which is not packed and unpacked by Us.
10.2.6 We will not be liable for any goods which have pre-existing defects or are inherently defective or faulty.
10.2.7 We will not be liable for any electrical or mechanical derangement to any machine, computer, device, appliance or clock unless there is evidence of damage to the exterior casing which has led to the said derangement.
10.2.8 We will not be liable for any loss or damage to any perishable goods, foodstuffs, plants or other items which require a regulated environment for their safe storage.
10.3 If You collect Your goods from Our store then Our liability for the goods will cease at the point that they are handed over to You or the party You nominate to collect Your goods.
10.4 No member of Our staff or any subcontractor employed by Us shall be liable to You separately from Us for any loss or damage caused to Your goods.
10.5 We will not be liable for any loss or damage caused by fire or explosion. It is Your responsibility to insure Your goods against these risks.
11 Damage to Premises
11.1 If We cause damage to Your property or premises as a result of Our negligence, We will be liable only for making good the damaged area. We will not be liable for any consequential loss or damage as a result of the damage caused by Our negligence.
11.2 If We cause damage to Your property as a result of moving Your goods under Your direct instructions, despite Our advice to the contrary, We shall not be liable for the damage caused.
11.3 If We cause damage to Your property on Our collection or delivery instruction as soon as possible after the damage occurs – or in any event within a reasonable period of time.
12 Time Limit for claims
12.1 If We deliver goods to Your premises You must advise Us in writing of any loss or damage within seven days of Our crew completing delivery.
12.2 If You collect Your goods from Our premises then You must notify Us of any damage immediately upon collecting the goods.
13 Our Right to Hold Your goods under Lien
13.1 A “Lien” is the legal right of a company or individual to hold goods belonging to another party until all outstanding charges have been settled.
13.2 If You fail to pay any or all of the charges due to Us under the terms of this agreement, We shall have a right to retain and ultimately dispose of some or all of Your goods. (See clause 22)
13.3 While We are holding Your goods under Lien, You will be liable to pay Us all storage costs and any other associated costs (including, but not limited to, Our legal costs) incurred by Us in Our attempts to recover Our charges and to hold the goods under the Lien. During this time the terms of this agreement shall still apply.
14 Delays in Transit
14.1 Unless caused directly by Our negligence or breach of contract, We will not be liable for any delays in transit.
14.2 If, as a result of circumstances beyond Our reasonable control, We are unable to deliver Your goods, We will take them to Our nearest storage depository and inform You immediately. This Agreement will then We fulfilled and You will be liable for any additional charges including storage or delivery.
14.3 Any transit times indicated in Our quotation s or other communications are estimated, and are based on information available to Us at the time. Shipment times can and do vary due to many factors beyond Our control such as changes in advertised sailing schedules, port congestion, customs delays etc. We will advise You of any significant changes to the quoted transit time as soon as We become aware of them. We will not be liable for any loss or damage suffered by You as a result of delays in transit time, unless directly attributable to Our negligence of breach of contract.
15 Our right to subcontract work
15.1 We reserve the right to subcontract any or all of the work subject to this agreement.
15.2 Where We choose to subcontract any work, the terms of this agreement will still apply in full.
16 Routing and Spare Capacity
16.1 Unless it is specifically stated in Our quotation that a container, aircraft or vehicle is for Your exclusive use, We have the right to utilise the remaining space in any container, aircraft or vehicle for consignments belonging to other customers of Us.
16.2 We have the right to choose the route and method by which to carry out the shipment.
17 Advice and information regarding overseas regulations
17.1 We will make every effort to offer You up to date information regarding import and export regulations as they pertain to Your shipment. Any such information is provided in good faith and is based upon Our previous experience. It is Your responsibility to ensure that You comply with any and all import and export laws and regulations and to verify the accuracy of any information which We provide.
18 Applicable Law
18.1 Any dispute between Us will be governed by the non-exclusive law and jurisdiction of the English or Scottish courts.
19 Contact Information
19.1 You must supply full contact address and telephone numbers for the recipient of Your shipment. If You do not provide an address We will not be liable for any delays in transit, customs clearance or delivery, nor will We will liable for any costs related to such delays.
19.3 If You instruct Us to store Your goods You must supply a full contact address and telephone number for You while Your goods remain in Our care. All correspondence and notices will be considered to have been received by You seven days after sending it by first class post to the last address You provide for contact while Your goods are in storage.
20 Packing List (Inventory)
20.1 If We create a list of Your goods (inventory) and send it to You, it will be deemed to be accurate unless You write to Us within 10 days of the date of Our sending it to You.
21 Revision of Storage Charges
21.1 We will be entitled to periodically review Our storage charges. Usually, but not always, this will be at the start of a calendar year. We will give You a minimum of 30 days’ advance notice in writing of any increase in charges.
22 Our Right to Sell or Dispose of Your Goods
22.1 If payment of Our charges are in arrears, We are entitled to require You to remove Your goods from Our premises and pay all sums due to Us. We will give You a minimum of 3 months written notice if We require this. If You then fail to pay all outstanding sums due to Us, We may sell or dispose of some or all of the goods without further notice or consultation. The costs relating to selling or disposing of the goods will be added to Your account. We will credit the proceeds of the sale to Your account and in the event of a surplus of funds these will be repaid to You without interest. If the proceeds of the sale do not meet the charges outstanding to Us then We may seek to recover the balance from You.
23 Termination of this agreement
23.1 If all payments are up to date then We will not end this contract without giving You a minimum of three months’ notice in writing. If You wish to terminate Your storage contract, You must give at least seven working days’ notice. If We are able to release Your goods earlier then We will do so, so long as all payments are up to date until the day of release.