DEFINITIONS
In the following conditions the word “customer” shall mean the person engaging the services of TroTroXpress courier services.
The word” consignor” shall mean the person despatching the item to be carried
The word” consignee” shall mean the person said to be receiving the items.
The word “goods” or “freight” shall refer to the items carried by TroTroXpress or its subcontractors
“Subcontractors” means third parties employed by TroTroXpress for the purposes of executing the instructions of its customers.
“The Carrier” means TroTroXpress or its subcontractors or agents
ACCEPTANCE OF GOODS FOR CARRIAGE
TroTroXpress is not a common carrier & accepts goods for carriage only on the following terms & conditions. use of the service implies acceptance of these conditions.
No agent of or person employed by or under contract with the company has an authority to alter or vary these terms on behalf of the company.
If any part of these terms is affected by statutory enactment or rule of law so as to make it unenforceable, these terms will continue to apply with the unenforceable provision being deleted.
Goods despatched by the consignor shall be assumed to be the property of the consignor or the consignor is deemed to be the agent of the owner of the goods.
INSURANCE & LIABILITY
The customer shall indemnify the carrier against any claim in excess of its maximum insured limit in respect of these conditions or against any claim of loss or damage, in excess of its insured limits or conditions irrespective of by whom or however caused.
Goods in transit insurance is provided by the carrier the level of cover being £10 per kilogram of goods despatched or the value of the goods maximum claim of £5000.
TROTROXPRESS SHALL NOT BE LIABLE IN RESPECT OF ANY OF THE FOLLOWING:
• War, invasion, civil commotion or riot, confiscation or seizure of goods, destruction or damage to property by any government agent.
• Seizure under legal process
• Any consequential loss whatsoever or however caused
• Any claim not notified to the carrier verbally within 72 hours & in writing within 7 days of the claim arising
• Any depreciation or wastage arising in the course of carriage of the goods
• Unqualified signatures (ie” goods unchecked” etc) upon delivery
• Goods with insufficient or incorrect packaging, labelling or incorrect delivery instructions
Any losses due to fraud on the part of the consignor or consignee of the goods
THE CARRIER WILL TAKE REASONABLE CARE IN AVOIDING LOSSES DUE TO THE ABOVE CAUSES
DELIVERY INSTRUCTIONS
THE CONSIGNOR SHALL PROVIDE CLEAR DELIVERY INSTRUCTIONS TO THE CARRIER IN RESPECT OF
• The consignor shall take reasonable care to ensure that the correct delivery address is given to the carrier – redirected consignments will be charged at the appropriate rate
• the consignor agrees to pay reasonable charges incurred by the carrier in respect of waiting time in excess of thirty minutes for loading/unloading at point of collection or delivery at the rate of fifteen pounds per hour ( proportionate)
• when despatching goods that require mechanical handling equipment to unload , the consignor undertakes to ascertain that such equipment is available at point of delivery & qualified operatives will be available to unload such freight . the carrier operates a ” door to door ” only delivery service unless otherwise agreed with its customers & if this condition is varied the customer indemnifies the carrier against any losses or damage caused during unloading that would otherwise not have been incurred- any assistance given by the carrier is at the sole risk of the owner of such goods
• the consignor agrees that the carrier may reasonably open or examine any goods for the purposes of determining the receiver of the goods in the event of delivery instructions becoming lost or to determine the safety or legality of any goods despatched & where necessary to make safe any goods in dangerous condition
• when the consignee is not at the point of delivery the carrier will leave a calling card & consult the customer for new instructions . goods will not be left at the point of delivery unless either signed for by the consignee or their nominee or unless with the prior written consent of the consignor & in the event that this is done the carrier shall not be liable for losses incurred as a result of leaving goods unsigned for
The Customer or agent is responsible for the supervised despatch of the Goods at the point of collection by the company or the companies sub contractor
The customer agrees to pay such delivery charges as are quoted by TroTroXpress and proof of instruction and agreement to pay such charges shall be defined as the name of the customer contact
Persons engaging the services of TroTroXpress are deemed to possess the necessary authority to commission such services
TroTroXpress operates a general lien against the owner of property despatched in respect of payment for its services & may agree to waive or vary any charges at its sole discretion . any such waiver or variation is without prejudice to its rights & remedies under this agreement
CHARGES
All terms quoted by the Company for its service shall only remain open for acceptance by the Customer for 14 days and may be withdrawn by the company prior to acceptance by the customer
• The Company reserves the right to review its scale of charges at any time giving no notice to the Customer. If the Customer finds the new level of charges unacceptable, it shall be entitled to terminate the Agreement
• All Invoices and will be due for settlement within 14 days of the date of that invoice. If payment is not received by the due date the Company reserves the right to charge interest on the sum due at the rate of Four per cent above the base rate (or its equivalent) of the Bank of Scotland from time to time
• All sums shown to be due to the Company on its invoices shall be paid by the Customer without any retention and payment shall not be withheld or deferred to account of any claim, counter-claim or set-off
• The Company reserves to charge the Customer interest at 8% above the Bank of England base rate for the duration of the overdue payment
The customer agrees to pay such charges as are quoted by us prior to despatch and any additional charges in respect of section of terms of payment being settlement of invoices within thirty days of invoice date. payments made after thirty five days will incur a late payment charge of £40…( unless by prior agreement alternative arrangements have been made ) the customer also agrees to pay such costs as are incurred by the carrier or its agents in service
In lieu of an agreement TroTroXpress charge their standard day rates for services provided.