Speed Couriers Terms and Conditions of Business
DEFINITIONS OF TERMS USED
1. In these terms, the words or phrases below will have the following meanings:-
a) You, your – the customer who asks us to provide a delivery service, including any employee, agent or subcontractor acting on your behalf.
b) We, our, us – Speed Couriers (Northern) Ltd, company number 04808389.
c) Consignment – any item or items we carry for you from one address to another, including any packaging.
d) Dangerous goods – anything you may ask us to deliver that could put the health and safety of other people at risk. This includes (but is not restricted to) explosives, radioactive material, and items requiring specialist treatment or handling during transportation.
e) Proof of delivery – a signature or company stamp obtained from the consignee acknowledging that the consignment has been received.
2. These are the terms under which we trade with you and they override any previous agreement between us. They cannot be changed or varied unless one of our directors agrees in writing. These terms will also override any terms or conditions you may seek to impose on your suppliers from time to time.
3. We are not a common carrier, and reserve the right at our absolute discretion to:-
a) Subcontract any part or parts of a delivery by employing the services of any other person, firm or company who shall also have the power to subcontract.
b) Refuse to accept any consignment or part thereof for delivery.
c) Refuse to accept dangerous goods for delivery.
4. When you ask us to make a delivery on your behalf, you will be deemed to have accepted these terms.
5. Our liability to you is limited, and explained in detail below.
6. These terms are intended to be reasonable to both of us, and if any part of them should prove to be unenforceable or void at law, then it will not affect the rest.
7. If, for any reason, either of us chooses not to exercise any rights contained in these terms, then that will be regarded as a waiver of those rights for the future.
8. English law governs this agreement between you and us, and any dispute will be dealt with in the English courts.
OUR RIGHTS AND OBLIGATIONS
9. We may refuse to accept a consignment for delivery, or any part of it. We may also inspect a consignment if we believe that these terms may have been breached (for example, to check for dangerous goods).
10. We can use any method or route to deliver your consignment, including using subcontractors or agents. Your rights will not be affected where subcontractors are used by us. No subcontractor or agent shall be under any greater liability to you than we are, and we enter into this agreement with you on the basis that they are entitled to the limits of liability contained in these terms.
11. We will use our reasonable endeavours to deliver your consignment within the time you request, but unless we expressly agree in writing before accepting your consignment for delivery, we will not be liable for any loss or expenses you may suffer if the consignment is not delivered on time.
12. If we fail to deliver the consignment by the time you requested, and items given below in paragraph 21 did not cause that failure, we will reduce our charge to the actual service level provided.
13. We will take all reasonable steps to obtain a proof of delivery at the time of delivery, and that proof of delivery will be conclusive evidence that the consignment was delivered complete and in good order, unless the consignee marks otherwise at the time of delivery. We will not be liable for any loss or misdelivery where delivery has been made in good faith to a person claiming to be the consignee, or an employee, subcontractor or agent of the consignee.
14. If you require a proof of delivery after delivery has been made, then we will endeavour to provide this to you, providing your request is made within 14 days from the date of dispatch. Requests made later than this will be dealt with at our absolute discretion. Settlement of our charges will not be conditional upon you receiving proofs of delivery, and you cannot delay or withhold payment pending receipt of proofs of delivery, irrespective of when any request was made to us.
15. We will retain original hard copy proofs of delivery obtained by us and/or any other associated documentation relating to deliveries for a minimum period of six months from the date of collection. After that we may destroy these items without any reference or obligation to you.
16. We will make one attempt to deliver your consignment, but if we cannot do so, we will have the option to either make a second attempt, or deliver to an alternative address provided by you, or return the consignment to you. Either of these alternatives will be at your cost, but we will contact you first to agree the best option. If we still cannot deliver your consignment we will contact you for further instructions.
17. If the consignment still cannot be delivered, we will give you 10 days notice that we intend to sell or dispose of the consignment. Any proceeds of sale (net of expenses) or costs of disposal will be applied to your account with us.
18. We may keep hold of your consignments until you have paid any amounts you owe us, even though these amounts may not relate to the items held. We may then sell the items held, but only after we have given you 14 days notice in writing. Any proceeds (net of expenses) will be applied to your account with us.
19. Where we are required to sign to acknowledge collection of your consignment, then that signature will not be regarded as evidence of the condition of the goods. If we are kept waiting or loading longer than 15 minutes at either the collection address or delivery address, we may charge you an additional amount, this being our standard hourly rate of the vehicle in question.
20. We will not be liable for any consequential or economic loss or damage suffered by you or any third party. Our liability is strictly limited to the cost of replacement of, or repair to, the goods sent in the consignment, subject to limits and conditions given below.
21. We will not be liable for any loss or damage to the consignment, or any delay or misdelivery if the cause was any of the following:-
a) War, terrorism, riot, strike, lockout or any similar action.
b) Natural disasters (e.g. floods), poor or extreme weather conditions.
c) The consignment being seized or detained by any public authority.
d) Incorrect or insufficient address given on the consignment note or manifest. This includes any omission or ambiguity of information provided by you.
e) Incorrect or insufficient packaging of the consignment.
f) Natural wastage of a perishable or fragile consignment.
g) Traffic congestion or delay.
h) Any other event reasonable beyond our control.
22. If the loss or damage is our fault, then our liability to you is limited as follows:-
a) Up to £10,000 per vehicle for same day delivery,
b) Up to £100 per consignment for next day delivery,
c) Up to £100 per consignment for international delivery.
If these limits are not sufficient for your requirements, then we can provide extra insurance cover on individual consignments for an additional charge. You must notify us in writing before we collect from you, and agree to pay the extra amount. Alternatively, we can provide additional ‘blanket’ cover on all your consignments for an additional charge, the terms of which must be agreed in writing between us before any extra cover is in place.
23. We will not be liable for any loss or damage to any consignment that cannot be carried within lockable equipment normally provided on the vehicle you order from us. For example, if you order a motorcycle to make a delivery and your consignment is too big to fit in its carrying equipment, we may be able to carry it (providing it is safe to do so), but will not be liable for any loss or damage to that consignment.
24. There are certain items we cannot accept liability for on any of our services. These include cash, notes, money orders, vouchers, credit cards, stamps, deeds, passports, tickets, travellers cheques, jewellery, precious stones, watches, precious metals, works of art, antiques, china, glass, living creatures and any other similar valuable articles.
25. If we are to consider any claim for non-delivery, late delivery, or loss or damage to the consignment, you must notify us in writing within 7 days of delivery for any shortage or damage, and within 14 days for any loss. We will be entitled to ask you for written evidence to establish the value of the loss or damage (for example, a copy invoice from supplier). We may also ask you to obtain an estimate for repair if appropriate.
26. You must still continue to pay our invoices in full as they become due, even though you may have submitted a claim to us.
27. From time to time, we may incur additional expenses in the course of delivering your consignments. These may be tolls, parking charges, rubbish disposal charges, or similar items. If we incur any such expenses, we will invoice them to you with normal delivery charges, and you will pay them within our credit terms.
28. Any quotation or estimate of charges given to you will be valid for 30 days, unless the quotation states otherwise. If you accept our quotation, delivery must take place within 30 days of the quotation date, otherwise revised charges may apply. We will only be bound by written quotations accepted by you, and you acceptance will be deemed to have been given when you ask us to make the delivery quoted for. Verbal quotations or estimates are expressed as a guide only, and will not be binding on us.
29. We may change our charges or these terms from time to time, but if we do we will give you advance notice.
30. We may, at our absolute discretion, withdraw credit facilities at any time. If we do, then all invoices will become immediately payable, irrespective of any credit terms or payment dates previously agreed between you and us. If you do not pay us within 30 days of invoice date, we will be entitled to charge you interest at the rate of 3% per month (or part thereof) from the invoice date to the date of payment. If we are required to take legal action to recover payment from you, our claim will include interest and all associated costs of such action.
31. We may check weigh some of your consignments, or establish the weight if you have not provided it to us. We will amend our charges to you in line with the actual weight determined by us, and our calculation of the weight cannot be altered afterwards. If a consignment normally charged by weight exceeds 5 cubic metres in measurement per 1000kg (or a rateable part thereof), we may charge you on a volume basis, calculated at a rate of 5 cubic metres per 1000kg,
or part thereof.
YOUR RIGHTS AND OBLIGATIONS
32. Before asking us to deliver a consignment, you must make sure of the
a) If you are not the owner of the goods, you have the owner’s permission to enter into this agreement and ask us to make a delivery.
b) The goods in the consignment are not dangerous goods and do not present any health or safety risks, and the handling or possession of them is not a criminal offence, nor breaches any relevant statute or regulation.
c) Only those individuals duly authorised by you can make bookings with us, and they will supply to us (at the time of booking) any reference or purchase order you require to be shown on our invoices in order to process them for payment. If you fail to provide us with this information, or if the information is not correct, you will not be able to withhold payment at a later date.
d) The consignment is properly addressed and packaged. If, in our opinion, the packaging is not sufficient, we may either refuse to deliver it, or may repack it to the required standard. A reasonable charge will be made to you for any such repackaging.
e) You have made any necessary insurance arrangements (either with us or a third party) to provide the level of cover required, having regard to these items.
33. You will pay our invoices (including any VAT) in full and without deduction (apart from credit notes raised by us) within 30 days of the invoice date and in sterling. Any claims or demands from HM Customs in respect of dutiable items must be paid on demand.
34. You will raise any query you may have on our invoice within 21 days of the invoice date. After that time, you will be deemed to have accepted our invoice as correct, and will make payment within our agreed terms.
35. If you are in breach of any of these terms, you will be liable for any loss or expenses suffered by us as a result.
36. If your consignment needs special equipment (e.g. a forklift truck) or manpower to be loaded or unloaded, you must make sure it is available at both delivery and collection addresses. If such is not available, you will be liable for any resulting costs, which may include waiting, storage or redelivery charges.
37. Unless we are shown to be at fault, you will indemnify us for any claims or losses arising from our delivering consignments for you.
38. If you make a claim for damage to your consignment, you will keep (or arrange to keep) that consignment and all its packaging in a safe place and to one side in case we, or our loss adjusters, need to make inspection in the course of an investigation.
39. We have invested significant time and money in recruiting and training staff and engaging the services of courier subcontractors. If you engage (or arrange to engage on behalf of anyone else) any of our employees or subcontractors within 3 months of them leaving us, you will accept a charge from us equal to the last 3 months gross earnings of that person whilst engaged by us. We both agree that this is a fair estimate of our costs of replacing that person.
Speed Couriers Northern Ltd – Refund Policy for Online Bookings & Credit Card bookings
We work hard to ensure all our clients receive the very highest levels of customer service; our intention is to provide complete satisfaction with our same day courier and overnight / International parcel services.
Occasionally things do not go exactly to plan and so we feel the very best way to ensure that clients are 100% satisfied with our service, is to be clear about what we will and will not do…
We will use reasonable endeavours to collect consignments within the stated time frame, however, we will not be liable for any loss or expenses you may suffer if the consignment is not collected on time. Should an exact collection time be required, please telephone the office once booked to discuss with our operations team.
We may on occasions refuse to accept a consignment for delivery, or any part of it should it be in- sufficiently packed, already damaged but not documented or deemed unsuitable for travel in the interest of the client and for the safety of the driver. We may also inspect a consignment, for example to check for dangerous goods.
It is important that the appropriate size of vehicle to make a courier delivery is selected; too large or too small, additional costs could be incurred. For further assistance on choosing the correct vehicle please visit our fleet page (Vehicle fleet size guide). Should additional guidance be required on suitability of a vehicle please call the office to discuss. Vehicles booked and found to be too small on arrival at the collection point this will be deemed a situation out of our control and the cancellation and refund procedure shall apply.
Should there be a request to sign for acknowledgement of collection, that signature will not be regarded as evidence of the condition of the goods. Any waiting or loading / un-loading that exceeds 10 minutes at either the collection address or delivery address, we may charge an additional amount, this being our standard hourly rate of the vehicle in question.
We will make one attempt to deliver consignments, however if we cannot complete this, we will provide the option to either make a second attempt, deliver to an alternative address provided by the client, or return the consignment to the collection address (see cancellations below). In these circumstances we will always contact the client to agree the best option.
We will take all reasonable steps to obtain a proof of delivery at the time of delivery. That proof of delivery will be conclusive evidence that the consignment was delivered complete and in good order, unless the consignee marks otherwise at the time of delivery. We will not be liable for any loss or mis-delivery where delivery has been made in good faith to a person claiming to be the consignee, or an employee, subcontractor, or agent of the consignee.
The proof of delivery may be either in electronic format or hard copy paper format. We will only retain original hard copy proofs of delivery obtained by us and/or any other associated documentation relating to deliveries for a minimum period of six months from the date of collection. After that we may destroy these items without any reference or obligation to you.
There are certain items we cannot accept liability for on any of our services. These include cash, notes, money orders, vouchers, credit cards, stamps, deeds, passports, tickets, travellers’ cheques, jewellery, precious stones, watches, precious metals, works of art, antiques, china, glass, living creatures and any other similar valuable articles.
We will not be liable for any loss or damage to any consignment that cannot be carried within lockable equipment normally provided on the vehicle ordered. For example, if a motorcycle is booked to make a delivery and the consignment is too big to fit in its carrying equipment, we may be able to carry it (providing it is safe to do so), but will not be liable for any loss or damage to that consignment.
We will not be liable for any consequential or economic loss or damage suffered by clients or any third party. Our liability is strictly limited to the cost of replacement of, or repair to, the goods sent in the consignment, subject to limits and conditions given below.
We will not be liable for any loss or damage to the consignment, or any delay or mis-delivery if the cause was any of the following:-
War, terrorism, riot, strike, lockout, or any similar action.
Natural disasters such as flooding, poor or extreme weather conditions.
The consignment being seized or detained by any public authority.
Incorrect or insufficient address given on the consignment note or manifest. This includes any omission or ambiguity of information provided to us.
Incorrect or insufficient packaging of the consignment.
Natural wastage of a perishable or fragile consignment.
Traffic congestion or delay.
Any other event reasonable beyond our control.
If the loss or damage is found to be as a result of speed couriers actions, then our liability to the client is limited as follows:-
Up to £10,000 per vehicle for same day delivery.
Up to £100 per consignment for next day delivery.
Up to £100 per consignment for international delivery.
Should these limits not be a sufficient level, we can provide extra insurance cover on individual consignments for an additional charge.
If we are to consider any claim for non-delivery, late delivery, or loss or damage to the consignment, we must be notified in writing within 7 days of delivery for any shortage or damage, and within 14 days for any loss. We will be entitled to ask for written evidence to establish the value of the loss or damage (for example, a copy invoice from a supplier). We may also ask for an estimate to repair items should that be appropriate.
Should a booking need to be cancelled please contact us on 0161 877 2000 at the earliest opportunity or email our operations team on email@example.com. If an email is sent please ensure this is backed up by a telephone call to confirm receipt.
Refunds may be entitled as per below:-
If the vehicle has not left our Operating Centre at the point of cancellation, a full refund will be processed.
If the vehicle has left the Operating Centre and is on route to the collection point a charge will be made commensurate with the time spent and distance travelled up to the point of cancellation. This charge will be subject to the vehicles minimum charge value.
If the vehicle attends the collection point and is unable to make the collection, for any reason outside of our control, a charge will be made commensurate with the time spent and distance travelled up to that point. This charge will be subject to the vehicles minimum charge value.
Once the collection has been made and the vehicle is on route, if the delivery is then cancelled, a charge will be made commensurate with the time spent and distance travelled to return the items to the collection point. This charge will be subject to the vehicles minimum charge value.
All work is undertaken in accordance with Speed Couriers Northern Ltd published terms and conditions. These can be seen at https://speedcouriers.co.uk/terms-conditions/
By making any booking with us either online, over the phone, or by e-mail you are explicitly agreeing to trading terms and conditions. Please be aware that we offer no liability for consequential loss and it is assumed that all goods carried are securely packaged by you to ensure no damage during transit, have no transferable value and are of low value (less than £100). Liability and restrictions are as per internet bookings above.
Should we decline a particular booking once made for any reason, a full refund will be made to the same card that you made payment on within 7 working days of the original order.
A refund will not be due if we are unable to undertake your booking. For example if we are unable to collect the goods due to an incorrect address, insufficient detail, or no one to collect the goods from. Should a specific time for collection be requested we will make best efforts to meet these times including any delivery deadlines. Should we be unable to match any of these, a refund will not be offered as payment is for the service provided irrespective of the timing of that service.
Should we be unable to deliver your consignment we will contact you by phone to ask for further instructions. If this means we have to deliver to an alternative address, if the driver has to wait to complete a delivery for more than 10 minutes, or if we incur any further operational costs including but not limited to staff costs, supplier costs, tolls, fees, time or mileage, we reserve the right to levy further charges to your original card in line with our standard rates for this work. Surcharges apply for any work undertaken outside of normal working hours (08:00 to 18:00 Monday to Friday inclusive excluding bank holidays).
For any case a delivery can not be made and we have no special instructions to leave safely or to post we will return the goods to our operations centre for security and safety. We would not attempt a re-delivery until we have contacted you to agree new delivery instructions and process the payment for the additional costs incurred at agreed standard charge. Should we be unable to contact we will hold the goods safely for a period of 14 days. At this time we will endeavour to contact you a final time before we destroy or dispose of the goods. Under these circumstances we will be unable to offer any compensation for the goods, any consequential loss, or any refund for the original service we provided.
Speed Couriers Northern Ltd will not offer any refunds and accepts no liability resulting from the theft or misuse of your card, your card details, or any other personal information which we may be privy to during or after the service is ordered or supplied.
VAT is charged at the government specified prevailing rate.
Nothing within this Refund Policy amends, modifies, adapts or otherwise changes, or provides a derogation from our full Terms and Conditions of Business which should be read in conjunction with this information.