|
Money Back Guarantee
Deliver Plus offers a free money back guarantee on the shipping charges for some
services and destinations. To find out if your shipment qualifies, go to Calculate
Time and Cost in either the Shipping or Support section at www.deliverplus.co.uk
and enter your shipment details. Alternatively, it can be obtained by contacting
your local Deliver Plus Customer Service Centre on 0845 0899988. Where the money
back guarantee operates, if we fail to attempt Deliver within the applicable time
period, we will, on request, credit you (or any other person who paid for the carriage)
with the shipping charges (or, in the case that only some of the packages in a multiple
package shipment fail to meet the applicable time limit, the proportionate part
of the shipping charges relating to those packages, net of any surcharges, VAT,
duties, taxes or levies, provided that the following conditions are fulfilled:
a) shipping documentation (including labels) must have been correctly completed
and the relevant package must bear the paper labels produced by Deliver Plus online
shipping solutions or otherwise in accordance with the 'Deliver Plus Guide to labeling'
b) any other documentation required by the country of origin or destination or any
country of transit must be fully and accurately completed and included with the
package;
c) if applicable, the package must bear a Saturday Deliver routing label (for destinations
to which this service is available);
d) the shipment must have been tendered to Deliver Plus on or before the latest
collection time specified by us for guaranteed Deliver;
e) you must have notified your request for claim to Deliver Plus in writing or by
telephone within 15 days from the date of scheduled Deliver and advised us of the
receivers name and address, date of shipment, package weight and Deliver Plus tracking
number.
The guarantee does not apply when late Deliver results from the package not
complying with the restrictions and conditions set out in paragraph 3.1 of our Terms
and Conditions of Carriage, from events beyond our control (as set out in paragraph
6 of our Terms and Conditions of Carriage) or due to any suspension of carriage
or return of package as provided for in paragraph 3.3 of our terms and conditions
or any exercise of any lien by Deliver Plus in accordance with our Terms and Conditions
of Carriage
For the avoidance of doubt, the liability of Deliver Plus under the money back
guarantee is limited to the above and the gurantee does not otherwise constitute
any form of undertaking or representation that the shipment will arrive by any particular
time.
Liability for loss, damage or delay
The following is a summary for information purposes of certain relevant provisions
of the Deliver Plus Terms and Conditions of Carriage. The full terms prevail in
case of inconsistency with the present summary.
International Carriage: Where carriage is international, international conventions
may apply, in particular the Warsaw or Montreal Convention in the case of carriage
by air and CMR Convention in the case of carriage by road. The national laws of
some countries may also extend the rules of such conventions to purely domestic
carriage.
Were they apply, the rules of the Warsaw, Montreal and CMR conventions govern and
in most cases will limit our liability for loss, damage or delay to a shipment.
the Warsaw and Montreal Convention limit is usually 17 Special Drawing Rights (SDR's)
per kilogram of the goods affected
the CMR Convention limit is 8.33 SDR's per kilogram (but restricted to the amount
of carriage charges in the case of delay).
Other Carriage: Where Convention rules do not apply, we will only pay compensation
for loss, damage or delay of a package caused by our negligence and only up to a
maximum of:
£60 per shipment;
or,
if greater, 8.33 SDR's per kilo of the goods affected,
subject (as in all cases) to proof of loss. See our terms and conditions for further
information.
You may obtain the benefit of a greater limit of liability for declaring a higher
value for carriage on the Deliver Plus shipping documentation and paying corresponding
additional charge. If you declare a higher value for carriage and pay the applicable
charge, then Deliver Plus's liability shall be limited to proven damages not exceeding
the sum so declared (see under 'Optional services).
The value of the goods concerned shall not in any event exceed £15,000 (£300 in
the case of jewellery or costume watches) or it's local equivalent per package in
a shipment, as Deliver Plus does not offer carriage for goods with values exceeding
these amounts.
Except when Convention rules or other mandatory laws apply and require otherwise,
we will not pay compensation for purely economic losses (such as loss of business
opportunities or loss of revenue resulting from loss of use), even if a value has
been declared for carriage in respect of the relevant shipment. We will also not
be liable for any damage to or loss of packaging.
Any claim against Deliver Plus must be notified to us in writing as soon as
possible and also within any specific time limits set out in our terms and conditions.
In certain circumstances, Convention rules (if applicable) may permit a claim to
be pursued against Deliver Plus outside these periods.
In addition to the above, any legal proceedings in respect of a shipment must be
commences and served on us within eight months of Deliver or (in the case of non-Deliver)
of the due date for Deliver. If the Warsaw, Montreal or CMR Conventions apply, there
are longer time limits for the commencement or legal proceedings: in summary 2 years
in the case of the Warsaw and Montreal Conventions and 1 year (3 years if there
is a willful misconduct on Deliver Plus's part) in the case of CMR Convention.
Invoice validity period: all invoices shall be deemed to be accepted as issued,
unless requests for invoice adjustments are received in writing by Deliver Plus
within 90 days from the invoice date.
Deliver Plus Ltd
Terms and Conditions of
Carriage
This is the current version as at the date of publication of this Guide, shown at
the base of this printed document. The latest version, which shall always be the
applicable one for new shipments, may be found at www.deliverplus.co.uk or obtained
from a Deliver Plus Office.
1. Introduction.
These Terms and Conditions ("terms") set out the basis on which Deliver Plus will
transport packages, documents and envelopes ("packages"). These terms are supplemented
by the current applicable Deliver Plus Service and Tariff Guide ("the Guide"). The
Guide contains important details about the services of Deliver Plus which the shipper
should read and which form part of the agreement between Deliver Plus and the shipper.
B. For the purposes of these Terms and Conditions, all shipments will be presented
to Deliver Plus within the United Kingdom to a depot agreed between Deliver Plus
and the shipper and that the company will also be the (first) carrier of the goods
for the purposes of the Conventions referred to in paragraph C.
Deliver Plus Ltd can be contacted at their UK Registered address at: Mollison House,
Aden Road, Enfield, Middlesex, EN3 7SY, United Kingdom.
C. Where carriage by air involves an ultimate destination or stop outside the country
of origin the Warsaw Convention may apply. The Warsaw Convention governs and in
most cases limits the liability of carriers in respect of loss of or damage or delay
to cargo. (For the purpose of these terms the phrase "the Warsaw Convention" means
(i) the Convention for the Unification of Certain Rules Relating to International
Carriage by Air signed at Warsaw on 12th October 1929 or (ii) that Convention as
amended or supplemented by any protocol or supplementary convention or (iii) the
Montreal Convention 1999, whichever is applicable.) Notwithstanding any clause to
the contrary, international carriage by road may be subject to the provisions of
the Convention on the Contract for the International Carriage of Goods by Road signed
at Geneva on 19th May 1956 ("the CMR Convention").
D. A shipment may be carried via any intermediate stopping places that Deliver Plus
deems appropriate. Deliver Plus engages sub-contractors to perform services and
contracts both on its own behalf and on behalf of its servants, agents and sub-contractors
each of whom shall have the benefit of these terms.
E. In these terms, "Waybill" shall mean a single Deliver Plus waybill/consignment
note or the entries recorded against the same date, address and service level on
a pick-up record. All packages covered under a Waybill shall be considered a single
shipment.
2. Scope of Service
Unless any special services are agreed, the service to be provided by Deliver Plus
is limited to the pick up, transportation, customs clearance where applicable and
Deliver of the shipment. The shipper acknowledges that shipments will be consolidated
with those of other shippers for transport and that Deliver Plus may not always
monitor the inbound and outbound movement of individual shipments at all handling
centres.
Deliver Plus is not a common carrier and reserves the right in its absolute discretion
to refuse carriage to any package tendered to it for transportation.
3. Conditions of Carriage
This section sets out various restrictions and conditions which limit and govern
the extent of the service Deliver Plus offers. It also explains what the consequences
are of the shipper presenting packages for carriage which do not meet these requirements.
3.1 Service Restrictions and Conditions
Deliver Plus does not offer carriage of packages which do not comply with the restrictions
in paragraphs (i) to (iv) below.
(i) Packages must not weigh more than 70 kilograms (or 150 lbs) or exceed 270 centimetres
(or 108 inches) in length or a total of 330 centimetres (or 130 inches) in length
and girth combined; Unless agreed prior to collection and confirmed in writing with
the local Deliver Plus Office.
(ii) The value of any package may not exceed the local currency equivalent of GBP
£15,000. In addition the value of any jewellery or watches, including costume jewellery
or costume watches, in a package shall not exceed the local currency equivalent
of GBP £300.
(iii) Packages must not contain any of the prohibited articles listed in the Guide
including (but not limited to) articles of unusual value (such as works of art,
antiques, precious stones, stamps, unique items, gold or silver), money or negotiable
instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid
credit cards, share certificates or other securities), firearms and dangerous goods.
(iv) Packages must not contain goods which might endanger human or animal life or
any means of transportation, or which might otherwise taint or damage other goods
being transported by Deliver Plus, or the carriage, export or import of which is
prohibited by applicable law.
The shipper shall be responsible for the accuracy and completeness of the particulars
inserted in the Waybill and for ensuring that all packages set out adequate contact
details for the shipper and receiver of the package and that they are so packed,
marked and labeled, their contents so described and classified and are accompanied
by such documentation as may (in each case) be necessary to make them suitable for
transportation and to comply with the requirements of the Guide and applicable law.
Unless a different service level is clearly selected on the Waybill or other applicable
Deliver Plus shipping documentation, shipments will be carried under the "Gold or
Silver" service (where available to the selected destination) and all applicable
charges will be calculated accordingly.
The shipper declares that all packages presented for carriage under these terms
have been prepared in secure premises, by the shipper (in the case of an individual
shipper) Or by reliable staff employed by the shipper and have been protected against
unauthorised interference during their preparation, storage and/or transportation
to Deliver Plus.
3.2 Perishable and temperature sensitive goods
Such shipments will be transported provided that the shipper accepts that this is
at its risk. Deliver Plus does not provide special handling for such packages.
3.3 Refusal and Suspension of Carriage
(i) If it comes to the attention of Deliver Plus that any package does not meet
any of the above restrictions or conditions or that any COD amount stated on a COD
Waybill exceeds the limits specified in paragraph 8, Deliver Plus may refuse to
transport the relevant package (or any shipment of which it is a part) and, if carriage
is in progress, Deliver Plus may suspend carriage and hold the package or shipment
to the shipper's order.
(ii) Deliver Plus may also suspend carriage if it cannot effect Deliver at the third
attempt, if the receiver refuses to accept Deliver, if it is unable to effect Deliver
because of an incorrect address (having used all reasonable means to find the correct
address) or because the correct address is found to be in another country from that
set out on the package or Waybill or if it cannot collect amounts due from the receiver
on Deliver.
(iii) Where Deliver Plus is entitled to suspend carriage of a package or shipment,
it is also entitled to return it to the shipper at its own discretion.
3.4 Shippers Costs
The shipper will be responsible for the reasonable costs and expenses of Deliver
Plus (including storage), for such losses, taxes and customs duties as Deliver Plus
may suffer and for all claims made against Deliver Plus because a package does not
meet any of the restrictions, conditions or representations in paragraph 3.1 above
or because of any refusal or suspension of carriage or return of a package or shipment
by Deliver Plus which is allowed by this paragraph 3. In the case of the return
of a package or shipment, the shipper will also be responsible for paying return
transport charges calculated in accordance with the prevailing commercial rates
of Deliver Plus. -
3.5 Shippers losses
Deliver Plus will not meet any losses which the shipper may suffer arising out of
Deliver Plus carrying packages which do not meet the restrictions or conditions
set out in paragraph 3.1 above and, if Deliver Plus does suspend carriage for a
reason allowed by these terms, the shipper shall not be entitled to any refund on
the carriage charges it has paid.
3.6 Undelivered shipments: disposal
If, having suspended carriage of a package or shipment in accordance with these
provisions, Deliver Plus is unable within a reasonable time to obtain the shipper's
instructions on disposition of the package or shipment or to identify the shipper
or any other person entitled to the goods (having if necessary opened the package),
Deliver Plus shall be entitled to destroy or sell the package or shipment, at its
absolute discretion. The proceeds of any such sale shall first be applied to any
charges, costs or expenses (including interest) outstanding in respect of the package
or shipment or otherwise from the shipper concerned. Any balance shall be held to
the shipper's order.
3.7 Shipments: Inspection
Deliver Plus reserves the right, but is not obliged, to open and inspect, or scan
by means of X-ray, any package tendered to it for transportation at any time.
4. Customs Clearance
4.1 Where a package requires customs clearance, it is the shipper's responsibility
to provide complete and accurate documentation for the purpose but Deliver Plus
will unless instructed otherwise act as the shipper's agent in obtaining customs
clearance. Provided that, in the case of shipments whose points of despatch and
destination are both within the same customs area, Deliver Plus will only perform
customs clearance if instructed to do so. The shipper also agrees that Deliver Plus
may be considered as being the receiver of the package for the sole purpose of appointing
a customs broker to carry out any customs clearance.
4.2 If any duties, taxes, penalties, charges or expenses are imposed or incurred
as a result of any action by the customs authorities or as a result of any failure
by the shipper or the receiver to provide correct documentation or any permits or
licences required in connection with carriage, the receiver will initially be charged
by Deliver Plus with payment and, if Deliver Plus cannot collect payment from the
receiver on request, it will be the shipper's responsibility to pay to Deliver Plus
the amount in question.
5. Payment
5.1 The rates for carriage and other services are set out in the Letter of Agreement
to supply services and as may be amended from time to time in writing. Unless paid
before shipment, all charges must be paid within 30 days of receipt of invoice,
as shown on the invoice or within such other period as the shipper may have previously
agreed in writing with Deliver Plus. Deliver Plus may verify the actual and/or dimensional
weight of packages and, if greater than the declared weight, invoice on such basis.
Unless proved otherwise, an invoice shall be considered for this purpose to have
been received four business days following the date of invoice.
5.2 If Deliver Plus is required to pay any taxes, duties or levies on behalf of
the shipper, receiver or some other party, and Deliver Plus is unable to recover
such amount on request from the relevant person, that amount will be payable by
the shipper on demand. This also applies in cases where the receiver or, in the
case of third party billing, the third party fails to pay any charges which they
are due to pay.
5.3 Any sum payable to Deliver Plus which is overdue, according to 5.1 and 5.2 above,
will at the discretion of Deliver Plus bear interest at the rate of 4% above the
UK Base Rate as recorded by NatWest Bank plc (UK) calculated on a daily basis from
the due date (as shown on the invoice) to the date Deliver Plus receives cleared
funds in payment whether before or after judgment. In addition, Deliver Plus reserves
the right to charge a late payment administration fee up to a maximum of £60 as
will be defined as a warning prior to any such charge being made, in a warning letter
demanding payment.
5.4 If any sum is not paid by the shipper, receiver or some other party under these
terms, DELIVER PLUS may hold any packages it is carrying until it receives payment
in full or may sell such packages and use the proceeds to make good the debt to
it in accordance with applicable local law. Any unpaid balance will remain payable.
6. Interruption of Service
If Deliver Plus is unable to start or continue with carriage of the shipper's package
for a reason beyond its control, Deliver Plus will not be in breach of its agreement
with the shipper but will take all steps that are reasonably practicable in the
circumstances to commence or continue the carriage. Examples of events beyond Deliver
Plus control are disruption to air or ground transportation due to bad weather,
fire, flood, war, hostilities, civil disturbance, acts of government or other authorities
(including, without limitation, customs) and labour disputes or obligations affecting
Deliver Plus or some other party, but not limited to such examples..
7. Money Back Guarantee
For certain services and destinations, Deliver Plus offers a money back guarantee
on the shipping charges. Details of its applicability, terms and conditions and
of the corresponding Deliver and latest pick up time for the relevant service and
destination are as set out in 'the Guide' and on the Deliver Plus website (www.deliverplus.co.uk),
each as current at the time the goods are accepted for carriage, and can also be
confirmed by contacting the shipper's local Deliver Plus call centre. For the avoidance
of doubt, the liability of Deliver Plus under the money back guarantee is limited
to the above and the guarantee does not otherwise constitute any form of undertaking
or representation that the shipment will arrive by any particular time.
8. Collect on Deliver (COD)
For certain destinations as advised by the local Deliver Plus service centre, Deliver
Plus offers a COD service on payment of an additional charge as set out in the Guide.
If the shipper makes use of this service, subject to the provisions set out below
(including those relating to currency conversion) Deliver Plus will collect on behalf
of the shipper the COD amount stated on the Waybill.
COD amounts must be specified on the Waybill in either £ Sterling, EURO (€) or,
if different, the currency of the country of destination. Where any of the COD amounts
specified on the Waybill, collected from the receiver and/or paid to the shipper
are in different currencies from each other, the conversion(s) will be made at such
exchange rate(s) as Deliver Plus may reasonably determine.
Deliver Plus does not accept responsibility for any currency exchange risks.
8.1 Cash COD
Where Deliver Plus is instructed on the Waybill in accordance with applicable Deliver
Plus guidelines to accept cash only, Deliver Plus will collect only cash, in the
currency of the country of destination. Where cash is collected, the maximum amount
collectible in that form on behalf of a shipper shall be the local currency equivalent
of US$5000 per receiver per day. Notwithstanding the foregoing, for COD shipments
to receivers located in France, the maximum amount collectible in cash on behalf
of a shipper is €750 (Euro) per receiver per day. Further limitations may apply
in certain countries from time to time; details of such limitations will be set
out either in the Guide or at the Deliver Plus Website (www.deliverplus.co.uk).
If the shipper specifies a COD amount that exceeds these limits, Deliver Plus will
automatically be entitled to accept cheques for the whole or any part of that amount.
8.2 Cheque COD
If the Waybill does not clearly (and in accordance with applicable Deliver Plus
guidelines) instruct Deliver Plus to accept only cash, Deliver Plus may accept payment
either in cash (subject to the restrictions in section 8.1) or by any kind of cheque
made out to the shipper that is recognized in the country of destination of the
shipment. Where Deliver Plus accepts cheques the maximum amount collectible in any
form shall not exceed the equivalent of 50.000 USDper package. Where Deliver Plus
is permitted to accept a cheque, it may collect a cheque denominated in either £
Sterling, EURO (€) or, if different, the local currency of the country of destination.
8.3 Payment of Collected COD Amounts
Where Deliver Plus collects cash, Deliver Plus will pay to the shipper an equivalent
amount in the local currency of the country where the shipment was presented to
Deliver Plus for transportation. Deliver Plus may make such payments of COD amounts
by either wire transfer to any bank account notified to Deliver Plus by the shipper
or issuing a cheque in favour of the shipper.
Any cheques in favour of the shipper, issued either by Deliver Plus as set out above
or by the receiver and collected by Deliver Plus pursuant to Section 8.2, may either
be forwarded to the shipper by regular mail at the shipper's risk or handed over
to the shipper or to any other person appearing to have authority to accept the
cheque on the shipper's behalf.
8.4 In the event of non-receipt by the shipper of COD amounts, the shipper must
notify Deliver Plus in writing within 45 days of the date of Deliver of the package
concerned.
8.5 The shipper will indemnify Deliver Plus for all losses, expenses, and any claims
made against Deliver Plus by the receiver or a third party, arising where Deliver
Plus does not deliver a package because the receiver does not pay the COD amount
in the appropriate form or refuses to accept the package.
8.6 The liability of Deliver Plus in respect of the amount to be collected shall
not exceed either the applicable maximum amount collectible under these terms or
the COD amount indicated on the Waybill, whichever is the lesser. Further, the COD
amount shall not in any event exceed the value of the goods at their destination
plus applicable carriage charges. For the avoidance of doubt, a COD amount does
not constitute declaration of a value for the purpose of paragraph 9.4 or otherwise
and therefore shall not affect the liability of Deliver Plus for any loss, damage
or delay to the goods themselves.
Deliver Plus does not accept any responsibility for any dishonest or fraudulent
acts on behalf of the receiver including, but not limited to, presenting a fraudulent
cheque or one which is later dishonored, or for cheques incorrectly completed by
the receiver.
9. Liability
9.1 Where the Warsaw or CMR Conventions or any national laws implementing or adopting
these conventions apply (for convenience referred to as Convention Rules) or where
(and to the extent that) other mandatory national law applies, the liability of
Deliver Plus is governed by and will be limited according to the applicable rules.
9.2 Where Convention Rules or other mandatory national laws do not apply, Deliver
Plus will only be liable for failure to act with reasonable care and skill and its
liability shall be exclusively governed by these terms and (save in the case of
personal injury or death) limited to proven damages not exceeding the greater of
either:
(a) £60 per shipment in the case of goods presented in the UK to Deliver Plus for
carriage or
(b) 8.33 Special Drawing Rights ("SDRs") per kilo of the goods affected, unless
a higher value has been declared by the shipper under paragraph 9.4 below. An SDR
is a unit of account adopted by the International Monetary Fund and its current
value is regularly published in major financial newspapers. As at the date of publication
of these terms 8.33 SDRs was equal to approximately £7.
9.3 If the claimant (or any person from whom he derives his right to claim) has
caused or contributed to any loss, damage or delay to a shipment or package, any
liability Deliver Plus may incur in respect thereof (limited as above) may be reduced
or extinguished in accordance with the law applicable to such contributory negligence.
9.4 Subject to the provisions of paragraph 9.5, the shipper may obtain the benefit
of a greater limit of liability than Deliver Plus provides under paragraph 9.2 above
or than may be provided by Convention Rules or other mandatory national law. The
shipper may do so by declaring a higher value on the Waybill and paying an additional
charge as stated in the Guide. If the shipper declares a higher value for carriage
and pays the applicable charge, then Deliver Plus's liability shall be limited to
proven damages not exceeding the sum so declared. The value of the goods concerned
shall not in any event exceed the limits specified in paragraph 3.1(ii).
9.5 Save where Convention Rules or other mandatory national laws require otherwise,
Deliver Plus does not accept responsibility for purely economic losses, such as
the costs of any alternative means of transport, loss of profits, loss of business
opportunities or loss of revenue resulting from loss of use, arising from any loss
of or damage or delay to a shipment or package, whether or not a value has been
declared in respect of the relevant shipment under paragraph 9.4.
Deliver Plus shall not be liable for any damage to or loss of any packaging.
10. Deliver
Deliver Plus may deliver a shipment to the receiver named on the waybill or to any
other person appearing to have authority to accept Deliver of the shipment on the
receiver's behalf (such as persons at the same premises as the receiver or neighbours
of the receiver). Deliver Plus may use an electronic device to obtain proof of Deliver
and the shipper agrees that it will not object to Deliver Plus relying on a printed
copy of this as evidence merely on the grounds that the information concerned is
obtained and stored in electronic form.
Save where Convention Rules or other mandatory national laws require otherwise,
Deliver Plus accepts no responsibility in any circumstances to suspend carriage,
redirect Deliver (whether to a different receiver or address from that named on
the Waybill) or return a package to its shipper and, in the event that it should
attempt but fail to do so, shall have no liability for any losses thereby occasioned.
11. Data Protection
The shipper agrees that Deliver Plus and other companies in the Deliver Plus group
of companies worldwide, including companies in countries which may not have the
same level of data protection as the country where the shipment is presented to
Deliver Plus for carriage, may use any data provided by the shipper to Deliver Plus
for management analysis and monitoring, the purchase and supply of customer materials,
administration of customer accounts and the advertising of services and products
provided by Deliver Plus companies. The shipper has certain rights under the law
(exercisable by contacting Deliver Plus) to have access to, rectify, object to the
use for direct marketing of, or delete personal data held by Deliver Plus about
it.
12. Claims Procedure
All claims against Deliver Plus must be notified in writing as soon as reasonably
practicable and in any event within 14 days of receipt in the case of damage (including
partial loss of a shipment), in the case of delay within 21 days of the goods being
placed at the disposal of the person entitled to Deliver and in the case of loss
within 60 days of the goods being consigned with Deliver Plus for carriage. In addition,
Deliver Plus will have no liability in connection with any shipment unless legal
proceedings are brought and written notice of them is given to it within eight months
after Deliver of the goods concerned or, in the case of non-Deliver, within eight
months from the scheduled date for Deliver. This term shall not affect any rights
the shipper may have under Convention Rules or other mandatory national laws.
13. Entire Agreement & Severability
It is the intention of Deliver Plus that all the terms of the contract between it
and the shipper are contained in this document and in 'the Guide'. If the shipper
wishes to rely on any variation to these terms, it must ensure that that is recorded
in writing and signed by the shipper and on behalf of Deliver Plus before the shipment
is accepted for carriage by Deliver Plus. If any part of these terms is not enforceable,
this will not affect the enforceability of any other part.
14. Governing Law
These terms shall be governed by the laws of the country where the shipment is presented
to Deliver Plus for carriage.
|