Areas
Covered
Birmingham City centre couriers
Alum Rock, Birmingham
Aston Triangle
Acocks Green
Balsall Heath
Birchfield
Birmingham City Centre
Birmingham Edgbaston
Birmingham Erdington
Birmingham Hall Green
Birmingham Hodge Hill
Birmingham Ladywood
Birmingham Northfield
Birmingham Perry Barr
Birmingham Selly Oak
Birmingham Sparkbrook and Small Heath
Birmingham Yardley
Black Patch Park
Boldmere
Bordesley,
Bournbrook
Bournville Brindleyplace
City Centre Core
Cotteridge
Duddeston
Edgbaston
Four Oaks, Birmingham
Gravelly Hill
Great Barr
Hall Green
Hamstead
Handsworth Wood
Handsworth
Highgate, Birmingham
Hill Hook
Hockley, Birmingham
Jewellery Quarter
Kings Heath
Kingstanding
Kitts Green
Ladywood
Lee Bank
Lozells
Mere Green, Birmingham
Moseley
New Oscott
Newtown, Birmingham
Northfield, Birmingham
Old OscottP
Perry Barr
Perry Beeches
Pype Hayes
Queslett
Quinton, Birmingham
Rednal
Rubery
Saltley
Selly OakSmall Heath, Birmingham
Smithfield, Birmingham
Sparkbrook and Small Heath
Sparkhill
Stechford
Stirchley, West Midlands
Sutton Coldfield
Thimble end
Tile Cross
Tyseley
Walmley
Ward End
Winson Green
Witton,
Wylde Green
Yardley, Birmingham
FULL RESPONSIBILITY COVER FOR GOODS IN TRANSIT- MAXIMUM LIABILITY
£10,000
Terms and Conditions
TERMS and CONDITIONS
1.All
and any business undertaken, including
any advice or information given or
service provided whether gratuitously or not is transacted subject to
the condition
hereinafter set out and each Condition shall be deemed to be
incorporated in and
to be a Condition of any agreement between the company and its
customers.
2.In
these conditions of trading (hereinafter
called ?these conditions?) the
expression ?SOS Couriers? means and (unless the context precludes the
same)
includes SOS Couriers?s servants, agents and any person or persons
carrying
passengers or goods under the contract with SOS Couriers. ?Customer?
means
any person who contracts for the service of SOS Couriers and includes
the
Customer?s servants or agents or any persons carried as passengers on
behalf of
the Customer.
3.SOS
Couriers is not a common carrier and will
accept goods for carriage only on these
conditions.
4.No
agent or person employed by or under
contract with SOS Couriers has any
authority to alter or vary in any way these conditions unless
(previously)
expressly authorised to do so by SOS Couriers in writing
5.If
any legislation is compulsory applicable
to any business undertaken these
conditions shall as regards such business be read as subject to such
legislation
and nothing in these conditions shall be construed as a surrender by the
Company of any of its rights or immunities or as an increase of any of
its
responsibilities or liabilities under such legislation and if part of
these conditions
be repugnant to such legislation to any extent such part all as regards
such
business be void to that extent but no further.
6.Customers
entering into transactions of any
kind with SOS Couriers for the
carriage of goods expressly warrant that they are either owners or the
authorised
agent of the owners of any goods to which the transaction relates and
further
warrant that they are authorised to accept and are accepting these
conditions not
only for themselves but also as agents for and on behalf of all other
persons who
are or may thereafter become interested in the goods.
7.Any
instructions or business accepted by SOS
Couriers may in the absolute
discretion of SOS Couriers be fulfilled by SOS Couriers itself or by
its own servants
performing part of all the relevant services or by SOS Couriers
employing or
entrusting the carriage of goods or passengers to others to perform
part or all the
services.
8.Subject
to express instructions given by the
Customers SOS Couriers reserves to
itself absolute discretion as to the means route and procedure to be
followed in
the carriage of passengers and in the handling, storage and
transportation of
goods. Further if in the opinion of SOS Couriers it is at any stage
necessary or
desirable in the Customer?s interest to depart from those instructions
the
Company shall be at liberty to do so.
9.SOS
Couriers warrants that all goods
entrusted to SOS Couriers for carriage have been
properly labelled and prepared.
10.All
offers and quotations by SOS Couriers
for its services are given on the
basis of prompt acceptance by the Customer and shall only remain open
for
acceptance for the period of seven days unless revoked withdrawn or
verified by
the Company prior to such acceptance.
11.All
credit accounts are rendered at such
periodic intervals as shall be the
company?s policy from time to time and are subject to settlement within
30 thirty
days or date of invoice. Where payment is not received by that date any
offer
made by SOS Couriers to give credit or discount for prompt settlement
will
automatically be deemed to be withdrawn and SOS Couriers reserves the
right to
impose a surcharge on all outstanding balances at the rate of
£20.00 per
month.
12.(i)
SOS Couriers shall only be responsible
for any loss or damage to goods for
any non-delivery or mis-delivery if it is proved that the loss, damage,
non-delivery
or mis-delivery was due to the negligence or default of SOS Couriers
and in the
event of SOS Couriers providing transport for a customer of both a
passenger or
passengers and goods the carriage of such goods any personal effects or
any
passenger shall be solely at the risk of the Customer and SOS Couriers
shall
incur no liability of any kind in respect thereof any the Customer is
advised to
insure against such risks.
(ii) SOS Couriers shall only be liable for non-compliance or
in-compliance with
instructions even to it if it is proved that the same was caused by the
negligence
or default of SOS Couriers.
(iii) Same as aforesaid SOS Couriers shall be under not liability
whatsoever
however arising and whether in respect of or in connection with any
goods or any
instructions business advice information or service or otherwise.
(iv) It shall be the responsibility of the customer to satisfy himself
that any load
that he wishes to have carried by SOS Couriers shall be suitable for
conveyance
in the vehicle or machine offered by SOS Couriers for the carriage of
such load
and SOS Couriers will accept no liability whatsoever for any loss or
damage to
such load arising from the unsuitability of such vehicle or machine.
(v)Without prejudice to the generality of the foregoing the absence of
express
agreement by SOS Couriers?s General Manager SOS Couriers can under no
circumstance whatsoever accept any responsibility for any delay to
either
passengers or goods not due to the negligence or default of SOS
Couriers.
(vi)Further and without prejudice to generality of the proceeding sub
condition
SOS Couriers shall to whether under sub conditions (I) or (ii) or
otherwise be
under any liability whatsoever for any detention of goods or for any
consequential
loss, damage or deterioration arising there from except where (a) the
Customer
shall have specified to SOS Couriers the Nature of the goods and
purpose of their
transit and SOS Couriers through it?s General Manger shall have agreed
in writing
with the Customers a time schedule and specification in respect of the
transit of
the said goods (b) it shall be proved that such detention delay, loss,
damage or
deterioration was due to the negligence of SOS Couriers.
13.Since
SOS Couriers is unable to assess the
cost to a Customer of the loss or
damage of any goods in no case whatsoever shall any liability of SOS
Couriers
however arising and notwithstanding any lack of explanation exceed the
value of
the relevant goods or £1000 whichever is the less. If the
relevant goods have
any extra intrinsic value to the customer or the customer would suffer
consequential losses in the event of their loss or damage then the
customer is
advised to insure against such risks and losses since SOS Couriers is
unable to
warrant that its own insurance cover will be applicable to such loss or
damage or
(if applicable) will extend to cover any sums claimed.
14.SOS
Couriers shall not be liable for loss or
damage to any part of any
consignment of goods (whether comprising one or more packages or
parcel(s) or
for the loss or non-delivery of the whole of any consignment of goods
or for
damage delay or detention thereof or any part thereof however caused
unless the
company is advised thereof in writing of the fact of the loss or damage
or misdelivery
(as the case may be) within 7 days of the loss damage or mis-delivery
occurring and a quantified claim is made in writing within 28 days of
the
occurrence.
15.SOS
Couriers will not accept or deal with
any noxious, dangerous, hazardous or
inflammable or explosive goods or any goods likely to cause damage.
Should the
Customer nevertheless deliver any such goods to SOS Couriers or cause
the
Company to handle or deal with any such goods he shall be liable for
all loss or
damage whatsoever caused by or in connection with the goods however
arising
and shall indemnify SOS Couriers against all penalties, claims, damages
costs
and expenses whatsoever arising in connection therewith and the goods
may be
destroyed or otherwise dealt with at the sole discretion of SOS
Couriers or by any
other person in whose custody they may be at the relevant time.
17.All
sums shown to be due in SOS Couriers on
its invoices sent to the Customer
shall be paid to SOS Couriers immediately when due without any
deductions and
payment shall not be withheld or deferred on account of any claim
counterclaim
or set-off.
18.SOS
Couriers shall have a special lien on
all goods for charges on such goods
and shall also have a general lien against the owner of any goods for
any monies
on account due from such owner to SOS Couriers. If any lien is not
satisfied
within a reasonable time SOS Couriers may at its absolute discretion
sell the
goods concerned and apply the proceeds in or towards discharge of the
lien and
the expenses of the sale. No variation, extension or cancellation of
these
conditions shall be binding upon SOS Couriers unless and until it is
confirmed
in writing under the hand of a Director, a secretary or other officer
of the
Company duly authorised in writing and for the avoidance of doubt it is
declared
that no person other than such Direct, Secretary or officer has
authority to
negotiate or enter into any commitment on behalf of SOS Couriers the
effect of
which would or might (but for this present clause) involve SOS Couriers
in any
legal liability whatsoever.
19.All
agreements between SOS Couriers and its
customer shall be governed by
English Law and be within the exclusive jurisdiction of the English
Courts.
20.The
maximum amount payable per consignment
is £10,000 unless agreed in
advance for higher amount and the appropriate premium paid.
