CONDITIONS OF CARRIAGE
The terms and conditions set out hereunder are the basis on which Brother Parcel Post will transport packages, hereafter referred to as "packages", for the "shipper" of aforsaid package.
Brother Parcel Post shall be referred to hereafter as the "carrier."
The package will be presented to the carrier in the UK or delivered by other courier companies to our warehouse for transport to the destination countries.
A shipment may be carried via any intermediate stopping places that the carrier may deem appropriate, and the carrier may engage sub-contractors to perform services and contracts both on his own behalf and on behalf of its servants, agents and sub-contractors, each of whom shall have benefits of these terms.
In these terms "consignment note" or "Waybill", shall mean a single carrier consignment note, and all packages covered under a consignment note shall be considered as a single shipment.
2. Scope of Service:
Unless otherwise agreed, the services to be provided by the carrier is limited to the pick up, transportation, custom clearance where applicable, and delivery of the shipment. The shipper acknowledges that shipments may be consolidated with those of other shippers for transport, and that the carrier may not monitor individual movements of shipments at all handling centers.
3. Conditions of Carriage:
The following sets out the restrictions and conditions which apply to carriage of packages by the carrier
3.1 Restrictions and Conditions
Packages must comply with the following restrictions:
Packages must not weigh more than acceptable requirements of transportation to the destination countries.
The value of the package may not exceed permitted duty-free limit according to the destination countries.
Packages strictly shall not contain any items of unusual value such as works of art, antiques, stamps, precious stones and metals, cash (including cheques, bank drafts or any other vouchers with a face value), liquids, acids (including batteries), identification documents (passports, driving licences), explosives and firearms, weapons and ammunitions, liquid ink and items containing ink, glue, living animals (including livestock and fowl), narcotics, medications and drugs, paint and paint-like substances, pornography, radioactive materials, biological components, wet ice, or other dangerous, hazardous and flammable 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 the carrier or goods which are prohibited by the applicable law.
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 have adequate contact details for the shipper and the receiver and that they are so packed, marked and labeled, their contents so described and classified and are accompanied by such documentations may (in each case) be necessary to make them suitable for transportation and to comply with the applicable law.
The Shipper guarantees that all packages presented for carriage under these terms comply with restrictions (i) to (iv) above and have been prepared in secure premises by the shipper or by reliable competent staff employed by the shipper and have been protected against unauthorized interference during their preparation, storage and transportation to the carrier. The carrier relies on this guarantee in accepting any package for carriage hereunder.
3.2 Perishable and temperature sensitive goods will be transported provided that the shipper accepts that these are at risk and that the carrier does not provide special handling for such packages.
3.3 Refusal and Suspension of Carriage:
If it comes to the attention of carrier that any packages does not meet any of the restrictions or conditions, the carrier may refuse to transport the relevant package ( or any shipment of which it is part ) and if carriage is in progress, the carrier may suspend carriage and hold the package or shipment to the shipper’s order.
The carrier may also suspend carriage if it cannot effect delivery at the third attempt, if the receiver refuse to accept delivery, if it is unable to effect delivery because of the incorrect address, having made all reasonable attempts to find the correct address.
Where the carrier is entitled to suspend carriage of a package or shipment, it is also entitled at its own discretion to return the package or shipment to the shipper.
3.4 The shipper shall be responsible for the costs and expenses which the carrier may incur due to the package not meeting the restrictions and conditions of paragraph 3.1 above, or because of any refusal or suspension of carriage of a package or shipment by the carrier which is allowed in paragraph 3. In the case of return of package or shipment, the shipper will also be responsible for paying of all applicable charges incurred by the carrier.
3.5 If the shipper tenders to the Carrier a package which fails to comply with the restrictions or conditions of paragraph 3.1 above, the Carrier will not meet any loss howsoever arising which the shipper may suffer in connection with the carriage by the Carrier of such package. The shipper shall not be entitled to any refund of the carriage charges it has paid and the Carrier may bring a claim in respect of such a non-compliance.
3.6 If, having suspended carriage of a package or shipment in accordance with these provisions, the Carrier is unable within a reasonable time to obtain the shipper’s instruction on the disposition of the package or shipment or to identity the shipper or any other person entitled to the goods, having if necessary opened the package, the Carrier 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 The Carrier reserves the right, but is not obliged, to open and inspect any package tendered to it for transportation at any time.
4. Custom Clearance:
4.1 Where a package requires customs clearance, it is the shipper’s responsibility to provide complete and accurate documentation for the purposes, but the Carrier will unless instructed otherwise act as the shipper’s agent in obtaining customs clearance. The shipper agrees that the Carrier 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 to provide correct documentation or any permits or licenses required in connection with carriage, the receiver will initially be charged by the Carrier with payment, and if the Carrier cannot collect payment from the receiver on request, it will be shipper’s responsibility to pay the Carrier the amount in question.
5. Payment and Refund:
5.1 The rate shall be agreed between the supplier and the Carrier prior to the taking in charge by the Carrier of the package, and all charges must be paid within seven (7) days of invoice, or whatever terms are agreed between the Carrier and the shipper.
5.2 If the Carrier is required to pay any taxes, duties or levies on behalf of the shipper, receiver or some other party, and the Carrier 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 the Courier which is overdue will bear interest at the rate specified on the invoice from the due date to the date that the Carrier receives payment, whether before or after judgment.
5.4 If any sum is not paid by the shipper, receiver or any other party under these terms, the Carrier 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 The full refund of the delivery costs ( or in part for delay) and £50 compensation will be paid Shipper for loss of package except where the Customer has paid an additional charge for enhanced cover compensation, where the limit will be the amount appropriate to the level of charge paid.
A refund will be credited to the payment card account within 2 weeks. Please note that it may take up to 14 days for your bank to credit your account. We are not liable, and cannot take responsibility for, any bank charges that you may incur during the refund process.
6. Interruption of Service:
If the Carrier is unable to start or continue with carriage of the shipper’s package for a reason beyond its control (such as bad weather, fire, flood, war, hostilities, civil disturbance, acts of government or other authorities, and labour disputes), the Carrier 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.
7. 1 The Carrier’s liability is governed by the International Carriage of Goods by Road 1956 (CMR), and is limited to 8.33 Special Drawing Units (SDR) per kilo, where the CMR Convention does not apply.
7.2 If the claimant has caused or contributed to any loss, damage or delay to a shipment or package, any liability that the Carrier may incur may be reduced or extinguished in accordance with the law applicable to such contributory negligence.
7.3 Save where CMR Rules or other mandatory national laws require otherwise, the Carrier does not accept responsibility for purely economic losses arising from any loss or delay in a shipment or package, whether or not a value has been declared to the Carrier.
7.4 The Carrier shall not be liable for any damage to or loss of any packaging.
7.5 Estimated delivery dates will be tendered by the Carrier and no liability will be accrue to the Carrier for any reasonable delay in delivering the package.
The Carrier may deliver a shipment to the receiver named on the Waybill or to any other person appearing to have authority to accept delivery on the receiver’s behalf. Save where Convention Rules or other mandatory national laws require otherwise, The Carrier accepts no responsibility in any circumstances to suspend carriage, redirect delivery 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 loss thereby occasioned.
9. Claims Procedure:
All claims against the Carrier shall be notified in writing as soon as is reasonably possible and in any event within 7 days of receipt in the case of damage (including partial loss of shipment), in the case of delay within 14 days of the goods being placed at the disposal of the recipient, and in the case of loss within 30 days of the goods being consigned to the Carrier for carriage. In addition the limitation period for the bringing of legal proceeding against the carrier is 6 months from the date of delivery of the package by the shipper to the Carrier. This term shall not affect any right the shipper may have under Convention Rules or other mandatory national law.
10. Entire Agreement and Severability:
It is the Carrier’s intention that all the terms of the contract between it and the shipper are contained in this document. If the shipper wishes to rely on any variation to these terms, it must ensure that it is recorded in writing and signed by the shipper and on behalf of the Carrier before the shipment is accepted for carriage by the Carrier. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.
11. Governing Law:
These terms shall be governed by the law of the country where the shipment is presented to the Carrier.