Terms & Conditions

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 DeliverPlus Office.

1 Introduction

  • These Terms and Conditions (“terms”) set out the basis on which DeliverPlus will transport packages, documents and envelopes (“packages”). These terms are supplemented by the current applicable DeliverPlus Service and Tariff Guide (“the Guide”). The Guide contains important details about the services of DeliverPlus which the shipper should read and which form part of the agreement between DeliverPlus and the shipper.

  • Depending on the country where the shipment is presented to DeliverPlus for carriage, the Term ‘DeliverPlus’ will mean and the shipper’s contract will be with DeliverPlus Limited. The company will also be the (first) carrier of the goods for the purposes of the Conventions referred to in Paragraph C.

    DeliverPlus Limited can be contacted at their UK Registered address at: DeliverPlus Limited, 1 Spruce House, Durham Wharf Drive, Brentford Lock, Brentford, Middlesex, TW8 8HP, United Kingdom.

  • 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 inmost 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:

    • The Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw on 12th October 1929 or

    • That Convention as amended or supplemented by any protocol or supplementary convention or

    • 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”).

A shipment may be carried via any intermediate stopping places that DeliverPlus deems appropriate. DeliverPlus 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.

In these terms, “Waybill” shall mean a single DeliverPlus 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 DeliverPlus is limited to the pick up, transportation, customs clearance where applicable and delivery of the shipment. The shipper acknowledges that shipments will be consolidated with those of other shippers for transport and that DeliverPlus may not always monitor the inbound and outbound movement of individual shipments at all handling centres.

DeliverPlus 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 DeliverPlus 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

DeliverPlus does not offer carriage of packages which do not comply with the restrictions in paragraphs (i) to (iv) below.

  • Packages must not weigh more than 70 kilograms (or 150 lbs) or exceed 270 centi- metres (or 108 inches) in length or a total of 419 centimetres (or 165 inches) in length and girth combined; Unless agreed prior to collection and confirmed in writing with the local DeliverPlus Office.

  • The value of any package may not exceed the local currency equivalent of GBP £25,000. 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 £250.

  • 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.

  • 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 DeliverPlus, or the carriage, export or import of which is prohibited by applicable law.

  • The packaging must comply with the guidelines set out in the guarantees and liabilities document that form part of these terms, and as also published in ‘the guide’

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 labelled, 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 DeliverPlus 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 DeliverPlus.

3.2 Perishable and temperature sensitive goods

Such shipments will be transported provided that the shipper accepts that this is at its risk. DeliverPlus does not provide special handling for such packages.

3.3 Refusal and suspension of carriage

  • If it comes to the attention of DeliverPlus 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, DeliverPlus may refuse to transport the relevant package (or any shipment of which it is a part) and, if carriage is in progress. DeliverPlus may suspend carriage and hold the package or shipment to the shipper's order.

  • DeliverPlus may also suspend carriage if it cannot effect delivery at the third attempt, if the receiver refuses to accept delivery, if it is unable to effect delivery 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 delivery.

  • Where DeliverPlus 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 Shipper’s costs

The shipper will be responsible for the reasonable costs and expenses of DeliverPlus (including storage), for such losses, taxes and customs duties as DeliverPlus may suffer and for all claims made against DeliverPlus 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 DeliverPlus 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 DeliverPlus.

3.5 Shipper’s losses

DeliverPlus will not meet any losses which the shipper may suffer arising out of DeliverPlus carrying packages which do not meet the restrictions or conditions set out in paragraph 3.1 above and, if DeliverPlus 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, DeliverPlus 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), DeliverPlus 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

DeliverPlus 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 DeliverPlus will unless instructed otherwise act as the shipper’s agent in obtaining customs clearance. Provided that, in the case of shipments whose points of dispatch and destination are both within the same customs area, DeliverPlus will only perform customs clearance if instructed to do so. The shipper also agrees that DeliverPlus 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 licenses required in connection with carriage, the receiver will initially be charged by DeliverPlus with payment and, if DeliverPlus cannot collect payment from the receiver on request, it will be the shipper’s responsibility to pay to DeliverPlus 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 wit in such other period as the shipper may have previously agreed in writing with DeliverPlus. DeliverPlus 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 DeliverPlus is required to pay any taxes, duties or levies on behalf of the shipper, receiver or some other party, and DeliverPlus 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 DeliverPlus which is overdue, according to 5.1 and 5.2 above, will at the discretion of DeliverPlus 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 DeliverPlus receives cleared funds in payment whether before or after judgment. In addition, DeliverPlus reserves the right to charge a late payment administration fee up to a maximum of £60 for each overdue invoice.

5.4 If any sum is not paid by the shipper, receiver or some other party under these terms, DeliverPlus 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.

5.5 DeliverPlus will be entitled to raise an invoice, and the customer will be liable to pay for any shipment manifested to DeliverPlus and collected by DeliverPlus. Invoices will remain with DeliverPlus until such time as in-transit surcharges and adjustments can be included. If there is a requirement for amendments to the original invoice by DeliverPlus, then these will be raised and the customer will be liable.

6 Interruption of service

If DeliverPlus is unable to start or continue with carriage of the shipper’s package for a reason beyond its control, DeliverPlus 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 DeliverPlus control are disruption to air or ground transport- ation 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 DeliverPlus or some other party, but not limited to such examples.

7 Money back guarantee

For certain services and destinations, DeliverPlus offers a money back guarantee on the shipping charges. Details of its applicability, terms and conditions and of the corresponding delivery and latest pick up time for the relevant service and destination are as set out in ‘the Guide’ and on the DeliverPlus 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 DeliverPlus call centre. For the avoidance of doubt, the liability of DeliverPlus 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 DeliverPlus service centre, DeliverPlus 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) DeliverPlus 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 (E) 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 DeliverPlus may reasonably determine. DeliverPlus does not accept responsibility for any currency exchange risks.

8.1 Cash COD

Where DeliverPlus is instructed on the Waybill in accordance with applicable DeliverPlus guidelines to accept cash only, DeliverPlus 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 maxi- mum 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 DeliverPlus Website (www.deliverplus.co.uk). If the shipper specifies a COD amount that exceeds these limits, DeliverPlus 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 DeliverPlus guidelines) instruct DeliverPlus to accept only cash, DeliverPlus 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 DeliverPlus accepts cheques the maximum amount collectible in any form shall not exceed the equivalent of GBP 25,000 per package. Where DeliverPlus is permitted to accept a cheque, it may collect a cheque denominated in either £ Sterling, EURO (E) or, if different, the local currency of the country of destination.

8.3 Payment of collected COD amounts

Where DeliverPlus collects cash, DeliverPlus will pay to the shipper an equivalent amount in the local currency of the country where the shipment was presented to DeliverPlus for transportation. DeliverPlus may make such payments of COD amounts by either wire transfer to any bank account notified to DeliverPlus by the shipper or by issuing a cheque in favour of the shipper.

Any cheques in favour of the shipper, issued either by DeliverPlus as set out above or by the receiver and collected by DeliverPlus 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 DeliverPlus in writing within 45 days of the date of delivery of the package concerned.

8.5 The shipper will indemnify DeliverPlus for all losses, expenses, and any claims made against DeliverPlus by the receiver or a third party, arising where DeliverPlus does not deliver a package because the receiver does not pay the COD amount in the appropriate form or

8.6 The liability of DeliverPlus in respect of the amount to be collected shall not exceed either the applicable maximum amount collectable 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 a declaration of a value for the purpose of paragraph 9.4 or otherwise and therefore shall not affect the liability of DeliverPlus for any loss, damage or delay to the goods themselves. DeliverPlus does not accept any responsi- bility 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 DeliverPlus 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, DeliverPlus 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:

  • £60 per shipment in the case of goods presented in the UK to DeliverPlus for carriage,or

  • 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 DeliverPlus 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 DeliverPlus 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 DeliverPlus’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, DeliverPlus 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. DeliverPlus shall not be liable for any damage to or loss of any packaging.

10 Delivery

DeliverPlus may deliver a shipment to the receiver named on the waybill or to any other person appearing to have authority to accept delivery of the shipment on the receiver’s behalf (such as persons at the same premises as the receiver or neighbours of the receiver). DeliverPlus may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to DeliverPlus relying on a printed copy of this as evidence merely on the grounds that the informa- tion concerned is obtained and stored in electronic form.

Save where Convention Rules or other mandatory national laws require otherwise, DeliverPlus accepts no responsibility in any circumstances to suspend carriage, redirect delivery (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 there- by occasioned.

11 Data protection

The shipper agrees that DeliverPlus and other companies in the DeliverPlus group of companies worldwide, including companies in countries which may not have the same level of data protec- tion as the country where the shipment is presented to DeliverPlus for carriage, may use any data provided by the shipper to DeliverPlus 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 DeliverPlus companies. The shipper has certain rights under the law (exercisable by contacting DeliverPlus) to have access to, rectify, object to the use for direct mar- keting of, or delete personal data held by DeliverPlus about it.

12 Claims procedure

All claims against DeliverPlus 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 delivery and in the case of loss within 60 days of the goods being consigned with DeliverPlus for carriage. In addition, DeliverPlus 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 delivery of the goods concerned or, in the case of non-delivery, within eight months from the scheduled date for delivery. 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 DeliverPlus 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 DeliverPlus before the shipment is accepted for carriage by DeliverPlus. 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 DeliverPlus for carriage.