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Terms & Conditions

1. General


1.1 The company, Xpress24Ltd, will pick up, transport and deliver small consignments of goods requiring urgent delivery, under the conditions of trade as covered by the rules and agreements of the Commonly Accepted Business Practices (AGB), the rules and regulations as laid down by the International Agreements (Warsaw Agreement, CMR) on transport and motor vehicle traffic.  Any request to trade outside these conditions and regulations will only be acceptable if agreed to, in writing, by the company Xpress24Ltd.


1.2 Xpress24Ltd reserves the right to choose the type of transport it considers most suitable, subject to the economical, and movement requirements, unless a prior agreement, in writing, states otherwise.


1.3 Xpress24Ltd will not accept consignments containing the following:
Money (cash), Money Orders, Bank Certified Cheques, Traveller Cheques, Shares, and associated documents.


1.4 Xpress24Ltd retains the right to decide to either accept, or reject consignments containing: Postal Stamps, Precious metals, Jewellery, Precious Stones, Antics, Medicines, and all goods regulated as Dangerous Goods.  Consignments containing any of the above goods must be clearly marked as such by the Consignor.

2. Transport and Delivery of Consignments.


2.1 Taking into account all legal requirements, Xpress24Ltd will endeavour to pick-up and deliver all routine consignments, subject to existing conditions, as soon as possible after receipt of order.  If a Consignor requires specific transport and delivery schedules, the consignor must inform Xpress24Ltd, not only by telephone, but also in writing of the specifically required schedules and conditions.


Nevertheless, acts of God, of any type, weather, traffic etc., that may affect the transport and/or delivery, will render all agreed to schedules and conditions between Xpress24Ltd and its customers null and void.  All consignments, before being accepted by Xpress24Ltd, must be clearly and legibly marked with the
Consignee's address. Consignments requiring special handling and transport conditions must have these clearly endorsed on the consignment's packaging, and on its documentation.


2.2 Delivery of consignments to Consignee. Unless specifically indicated on the consignment documentation by the Consignor that personal delivery to the Consignee is required, Xpress24Ltd, its employees, contractors, or sub-contractors may clear the transport order/contract, by delivering the consignment to:
An employee of the Consignee, The spouse of the Consignee, A relative of the Consignee, or a spouse thereof, or any person nominated by the Consignee to receive the consignment or any part there of, as long as he/she resides at the Consignee's address.


In case where none of the persons, mentioned above, are not available, the consignment, or part thereof, may be handed over to any other person residing at the consignment address, or, under certain circumstances, a neighbour.  In any case, if delivery has been made and the relevant documents have been duly signed and dated by the receiver it will legally clear Xpress24Ltd of all further responsibility for the consignment.
 

2.3 Undeliverable Consignment. If a consignment is unable to be delivered due to:
(a) the Consignee not residing at the designated address, or
(b) the Consignee refuses to accept the consignment for whatever reason, Xpress24Ltd will inform the Consignor and request instructions.

3. Receipt of Consignment by Consignee


3.1 Obvious deficiencies of a consignment, or damages thereto, are to be brought to the attention of the Courier of Xpress24Ltd by the Consignee. The Courier is to annotate all copies of the relevant documentation.


3.2 Claims for compensation for loss of, or damage to a consignment or part thereof. All claims for compensation for loss of, or part loss, or damage to a consignment are to be forwarded to Xpress24Ltd, in writing as per HGB/CMR, as soon as the loss or damage has been detected, but latest within one week after receiving the consignment.  Annotations on the relevant consignment documentation such as : "Goods have not been checked," or "Goods received subject to verification," are not a valid claim of damage to, or loss, or part loss of a consignment.


3.3 Time Limits on Claims. If an order for transport is covered by the Warsaw Agreement, all claims are to be forwarded, and processed as per the rules and regulations of this Agreement and its time limits.  Claims for damage to, or loss of consignments not covered by the above agreement, must be lodged with
Xpress24Ltd within 6 (six) month from the date, or the expected delivery date.  No Claims will be considered after the expiration of this period.

4. Pricing and Payments


4.1 Pricing Unless a special contract has been negotiated between the Customer and Xpress24Ltd, prices as per current Xpress24Ltd Price List will apply. The amounts charged are calculated, taking into account the shortest, or/and least time consuming part of the road-network. The charges also include loading, and unloading for a period of up to 30 minutes. Special charges will apply after 30 minutes loading, unloading, or waiting time.
 

Charges for incomplete Orders. If an order for transport of a consignment cannot be fully complied with by Xpress24Ltd, at no fault of the company, the account will still reflect the agreed amount to the full.  Circumstances that may impede the transport or delivery of a consignment temporarily, or permanently will only
relieve the Customer from the agreed amount of payment, if it is proven that the temporary, or permanent delay of the transport or delivery of a consignment, or part thereof, is due to the omission of their duty, by negligence or otherwise, of the employees of Xpress24Ltd, or one, or more of its contractors, or sub-contractors.


Customer to be advised of transport and/or delivery delays. In case of critical delays to transporting or delivery of a consignment, Xpress24Ltd will inform its customer by the most urgent means and ask for further directions. Should it not be possible to contact the customer and new directions are not obtainable, Xpress24Ltd may return the consignment to its location of origin at cost to the Customer.


4.2 Loading and unloading after normal working hours. Any work carried out between the hours of 10.00 p.m. and 06.00 a.m. Mondays to Fridays, on weekends, and public holidays will attract a minimum charge of GBP 75.00.  4.3 Payments of Accounts. Unless arrangements have been made, in writing, between Xpress24Ltd and a Customer, all payments are to be in cash to the Courier on delivery of the consignment, or part thereof, whatever
the agreement Accounts. If cashless payments have been agreed to between Xpress24Ltd and its Customer, payments fall due, without discount, on presentation of invoice.


4.4 Overdue payments and Late-fees. If, after a first reminder, payments remain overdue, Xpress24Ltd reserves the right to charge an administration fee of GBP 3.00 for the first reminder, and GBP 6.00 for every following:

  • A Late-Payment-Fee of 5% above the current discounted rates will be levied by Xpress24Ltd on late-paying Customers.

  • Should the Customer fail to pay the account within 7 (seven) days of the second reminder, the Customer will automatically, without any further written communication, forfeit the right to charge the Consignor/Consignee for the freight's account to Xpress24Ltd.

  • The Customer is obliged to disclose to Xpress24Ltd that money for the account/s due have not been received by the Customer from the Consignor/Consignee.

  • The Customer will, after foregoing the right to charge for the account to Xpress24Ltd, be responsible for his own cost, between him/herself, and the Consignor/Consignee.

  • Requirement for second invoice. Should there be a requirement for Xpress24Ltd to issue a second invoice due to a Customer's refusal to accept a consignment, or whatever other reason generated by the Customer, and administration fee of GBP 12.00 will be charged by Xpress24Ltd.

4.5 Objection by Customer to Late-Payment or other charges. Should the Customer object to any of the levied charges, a written notice must be forwarded to Xpress24Ltd within a period of 10 (ten) days of the account being received. Should there be no written objection within the 10 (ten) day period, Xpress24Ltd will assume the account has been accepted as true, and all payments fall due on that day/date.


4.6 Xpress24Ltd reserves the right to charge the cost of recovery of unpaid invoices to the customer. This applies to in-house costs as in 4.4 above, as well as legal fees as incurred.

5. Liability for Loss/Damage

 

5.1 Xpress24Ltd is insured for loss of, and damage to, goods being transported by Xpress24Ltd, as per the rules and regulations of the HGB and/or CMR, up to a total of GBP 1 Mio. The insurers are Asko Assekuranz in Unterschleissheim, Germany.  Xpress24Ltd may accept liability for any loss/damage to a consignment, or part thereof, if it is proven that Xpress24Ltd or its employees have been negligent in the performance of their duty towards the Customer's
consignment, or parts there of.


5.2 Liability Null & Void. Xpress24Ltd will not be liable for any loss, or damage, of a consignment, or part here of, if the damage was due to:
(a) an Act of God
(b) an error of the Consignor/Consignee,
(c) an error, or errors in handling caused by a third person, or third persons involved, over which Xpress24Ltd has/had no authority, or
(d) if the damage/loss resulted due to the condition, packaging, or contents of the consignment, or
(e) the damage/loss was caused by undue electrical, or magnetic interference of any kind.


Xpress24Ltd may also accept responsibility for consignments, or part thereof, for loss of, or damage to it, over and above the restrictions as covered under paragraph 5.2, (a) to (e), but only if it is proven that they have been due to gross negligence and/or intentional neglect of contractual obligations, and then only for damages/losses that would have been foreseeable at the time of contractual arrangements.


5.3 Incorrect description or designation. Should the description of the consignment, or part thereof, be false, or its correct designation be withheld, then, Xpress24Ltd can only be held liable for losses/damages that could have been anticipated during contractual arrangements.


5.4 Value of lost/damaged documents or other items without Trade Value. The value of documents, or any other items without a trade value, lost, or damaged during transport by Xpress24Ltd, will be assessed as the cost involved for the repair, replacement, or reproduction of said goods, at the time and the place of dispatch of the consignment, whichever amount will be the lesser.


A higher value of liability and cost may be assigned to a consignment, or part thereof, if, on demand of and at cost to the customer, an insurance cover is entered into covering the loss/damage during transportation of the consignment, or part there of.


6. Conclusion


6.1 Regulations void. Should one or more of the regulations, covering the transport and delivery of goods, be declared void for any reason whatsoever, it will not affect the above quoted Terms and Conditions in any way.


6.2 Dispute Resolution. The place for resolving disputes, from either side, is Birmingham-UK. All legal processes are to be instituted with the appropriate authorities in Birmingham-UK

 

 
 

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