Terms & Conditions
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
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
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
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
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.
Consignment. If a consignment is unable to be delivered due
(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
3. Receipt of Consignment by
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
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.
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
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
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
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.
6.1 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