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 a aforesaid package.
Brother Parcel Post shall be referred to hereafter as the "carrier."
2. Our Obligations:
Brother Parcel Post will arrange collection and delivery of your consignment(s) via the Third Party Courier. All the services we offer will be provided using reasonable care, attention, and skills. We reserve the right without a notice to change, remove or introduce any service or prices that are available on our website. All queries or claims must be directed through Brother Parcel Post who will then contact the courier on your behalf. Tracking of your consignment is available through the website.
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 subcontractors to perform services and contracts both on his own behalf and on behalf of its servants, agents and subcontractors, 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 warehouses.
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.
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.
Refusal and Suspension of Carriage:
If it comes to the attention of carrier that any packages 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 refuses to accept delivery, if it is unable to effect delivery because of the incorrect 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.
The shipper shall be responsible for the costs and expenses which the carrier may incur due to the package not meeting the restrictions. In the case of return of package or shipment, the shipper will also be responsible for paying all applicable charges incurred by the carrier.
If the shipper tenders to the Carrier a package which fails to comply with the restrictions or conditions, the Carrier will not meet any loss however 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.
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.
The Carrier reserves the right, but is not obliged, to open and inspect any package tendered to it for transportation at any time.
3. Custom Clearance
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.
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.
All consignments travelling to destinations outside of the EU will be subject to customs clearance. It is your responsibility to provide the required documentation at your expense if any customs authority requires additional documentation.
Customs may dispose of goods if the sender or recipient does not pay required duties and taxes. You agree that we, the Courier or any governmental border or customs authority may open and inspect your consignment at any time.
Consignments may be subjected to security screening which could include x-ray equipment. Customs may dispose of any restricted or prohibited item and no claims for loss may be made in this situation. Customs may dispose of goods if the receiver or sender does not pay required duties and taxes. No claim for loss will be accepted in these cases.
Customs charges must be paid in addition to the sender or receiver before delivery is made. Brother Parcel Post reserves the rights to pass these charges directly on to the sender that placed the order if necessary. If the receiver does not want to pay the charges and the consignment has returned, all return charges will be passed on to the sender.
4. Payment and Refund
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.
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.
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.
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.
The full refund of the delivery costs will be paid to the Shipper for loss of the package.
5. 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.
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.
7. Claims and Liability
Claims applications for third to fourth party deliveries will not be accepted under any circumstances. Note that Brother Parcel Post will not accept claim applications from any person or party other than the registered Brother Parcel Post account holder who placed the order.
All claims application for damages must be accompanied with photo evidence, which clearly demonstrates the reported damage to both – goods and package used for delivery.
Claims for damaged, lost or late deliveries will be refused if occurring under any of following situations:
Act of God
Consequences of war
All claims against the Carrier shall be notified in writing within 7 days of receipt.
8. Governing Law
These terms and conditions and any contract between us shall be construed in accordance with English Law and the English Courts shall have jurisdiction in relation to any matters arising out of this Agreement.
If you have any complaints about the Brother Parcel Post service, please contact us by writing to our office address or email email@example.com. Please allow 10 working days for a response to any written correspondence.