© Portsmouth Motorcycle couriers 2015
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When ordering Portsmouth Motorcycle Couriers services you, as “Shipper”, are agreeing on your behalf and on behalf of anyone else with an interest in the shipment, that the Terms and Conditions shall apply from the time that Portsmouth Motorcycle Couriers accepts the shipment. “Shipment” meaning all documents or parcels that travel under one Contract Number and may be carried by any means that Portsmouth Motorcycle Couriers chooses, including any other carrier. Every shipment is transported on a limited liability basis as provided herein. If the shipper requires greater protection, then insurance is the shipper’s responsibility.
1. Unacceptable Shipments
Shipper agrees that its Shipment is acceptable for transport and is unacceptable if:-
2. Deliveries and Un-
Shipments cannot be delivered to PO boxes. Shipments are delivered to Receiver’s address given by the shipper but not necessarily to the named receiver personally, unless specifically required. Shipments to addresses with a centrally receiving area will be delivered to that area. If Receiver refuses delivery or to pay for the delivery, or shipment is deemed to be unacceptable, or receiver cannot be reasonably identified or located, Portsmouth Motorcycle Couriers shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost. Failing which the Shipment may be released, disposed of or sold by Portsmouth Motorcycle Couriers without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against the service charges and related administrative costs and the balance of the proceeds returned to the Shipper.
4. Shipment Charges and Billing
Any and all Invoices must be settled within 30 days from date of Invoice (account holders). We do not operate under the payment terms of our clients. if Invoices run over 30 days without being settled a hold will be placed on your account and service suspended until payment is made in full. Non account holders should pay on receipt of invoice. We reserve the right to impose a late payment levy under the “Late payment of commercial debts act 1998” when late payments are deemed unacceptably late and at the discretion of the MD. Portsmouth Motorcycle Couriers Shipment charges are based on a combination of fixed cost, and/or mileage from collection address to delivery address, and/or time taken from arrival at collection address to departure from delivery address. Shipper shall pay or reimburse Portsmouth Motorcycle Couriers for all Shipment charges, storage charges, duties and taxes owed for services provided by us or incurred on Shipper’s, Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in section 1.
5. Transport’s Liability
Portsmouth Motorcycle Couriers contracts with the Shipper on the basis that our liability is strictly limited to direct loss only and to monetary value in this section 5. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to our attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. Portsmouth Motorcycle Couriers liability in respect of any one Shipment transported, without prejudice to section 6-
6. Time Limits for Claims
All claims must be submitted in writing to Portsmouth Motorcycle Couriers within Thirty (30) Calendar days from the date that Portsmouth Motorcycle Couriers accepted the Shipment, failing which Portsmouth Motorcycle Couriers shall have no liability whatsoever.
7. Shipment Insurance
Shipment Insurance is the responsibility of the Shipper.
8. Delayed Shipment
Portsmouth Motorcycle Couriers will make every reasonable effort to collect and deliver the Shipment according to any estimate given but this is not guaranteed and does not form part of the contract. Portsmouth Motorcycle Couriers is not liable for any damage or loss caused by delays.
9. Circumstances beyond our control
Portsmouth Motorcycle Couriers is not liable for any loss or damage arising out of circumstances beyond our control. These include but are not limited to:-
10. Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold Portsmouth Motorcycle Couriers harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of the following warranties and representations;-
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
12. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Portsmouth Motorcycle Couriers, to the non-
The invalidity or un-