BONIFACE TRANSPORT TERMS AND CONDITIONS OF CARRIAGE (Continued)
6. Transit
6.1. In relation to each Consignment you must must affix an Address Label to each Consignment.
6.2. Transit begins when we accept a Consignment for delivery. At your request we will sign a document acknowledging receipt of a Consignment. Such document will not, regardless of its terms, be evidence of the condition, nature, quantity or weight of the Consignment when delivered to us.
6.3. Transit ends:
6.3.1. when a Consignment is delivered to the Delivery Address (including in accordance with condition 7.1. or if, in accordance with your instructions, a Consignment is left at the Delivery Address despite there being no-one available at the Delivery Address to take delivery of the Consignment); or
6.3.2. 7 days after the Consignee is notified (whether in writing or orally) that we have made an unsuccessful attempt to deliver the Consignment and that the Consignment is available for collection from us.
6.4. Transit may occur using any means of transport and by any route we think fit.
7. Delivery
7.1. We will deliver Consignments to the Delivery Address only.
7.2. You must specify a service option at the time of booking (timed, same day, next day) specifying when the Consignment is to be delivered.
7.3. Subject to condition 17, if you select:
7.3.1. the next day, Saturday, 48 hour or 72 hour service options we will deliver the Consignment by no later than the end of the relevant day or period after the day on which the Consignment is accepted;
7.3.3. a service option specifying a time at which delivery is to be made, we will deliver the Consignment within 30 minutes before or after such time;
7.4. Time for delivery is not of the essence. We will not be in breach of these conditions if a Consignment is delivered late.
7.6. If we make a failed attempt to deliver a Consignment, we may charge you an additional sum for each subsequent attempted delivery or attempt to return the Consignment to you, whether successful or not.
7.7. At your request, within 14 days of the date the Consignment is delivered we will use reasonable endeavours to provide a proof of delivery of the Consignment, provided that provision of same does not constitute a condition of payment. We may at our discretion impose a charge for providing you with a proof of delivery outside this 14 day period.
8. Charges
8.1. Transit charges are subject to change without prior notice and will be payable by you within 30 days of the date of our invoice or as we notify you in writing from time to time.
8.2. All charges are expressed exclusive of VAT which may be chargeable and which will be payable in addition by you.
8.3. If you do not pay any sum payable to us on its due date, without prejudice to any other rights which we may have:
8.3.1. we may charge and you will pay interest upon such sum from the due date until payment is made in full, at the current bank base rate plus 10% percent per month;
8.3.2. we may recover our costs and expenses of collecting such amount;
8.3.3. we may suspend deliveries of other Consignments until the outstanding amount has been received by us; and
8.3.4. any other sums owing from you to us, regardless of whether we have issued you with an invoice for such sums or whether such sums are due to be paid in the future will become immediately due and payable.
8.4. All payments due from you under these Conditions will be made without deduction whether by way of counterclaim, set-off or otherwise unless you have a valid court order requiring an amount equal to the deduction to be paid by us.
8.5. You will notify us of any change in your name, address or other circumstances that may affect the payment of any charges at least 14 days in advance of date of the change.
9. General Exclusions of Liability
9.1. We will not be liable to you for any loss, damage, mis-delivery, non-delivery or delayed delivery of any Consignment which occurs as a direct or indirect result of:
9.1.1. anything you or your employees or agents do or omit to do or any misstatement or misrepresentation you, your employees or agents make;
9.1.2. any inherent liability to wastage, latent or inherent defect, vice or natural deterioration or electrical derangement of the Consignment;
9.1.3. the Consignment being insufficiently or improperly packaged;
9.1.4. the Consignment being incorrectly or insufficiently addressed (including the correct postal code) or labelled;
9.2. We will in no circumstances be liable to you for pure economic loss or loss of profit, business, sale, market, goodwill and like loss, whether direct or indirect and whether caused negligently or otherwise.
9.3. Notwithstanding anything to the contrary contained in these Conditions, our liability for fraud, or death or personal injury resulting from our negligence, is not limited.
9.4. Notwithstanding anything to the contrary contained elsewhere in these Conditions, if you have sub-contracted the delivery of any Consignment to us, we will not be under any greater liability to you in respect of such Consignment than you have contractually to your customer.
After an initial period of 10 minutes, we may charge you £5.00 for each 15 minute period spent attempting to collect or deliver a Consignment.
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(C) 2009 Boniface Transport.
