BONIFACE TRANSPORT
BONIFACE TRANSPORT TERMS AND CONDITIONS OF CARRIAGE (Continued)
9.5. We will not be liable for any loss, mis-delivery, non-delivery or delayed delivery of or damage to a Consignment or otherwise for any failure or delay in performance of our obligations under these Conditions due to any event beyond our reasonable control including, without limitation:
9.5.1. delay or cancellation of ferries, flights or railway transport;
9.5.2. failure by a Consignee to accept delivery of a Consignment;
9.5.3. delays in or refusal of customs clearance;
9.5.4. act of God, war, riot, civil commotion, malicious damage or blockades, strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party) compliance with any law or governmental order, rule, regulation or direction seizure under legal process, national emergencies, fire, flood, tempest or storm, accident, breakdown of plant or machinery default of supplies (including, without limitation fuel) or sub-contractors.
10. Time Limit for Claims
10.1. We will not be liable (whether in negligence or otherwise) for damage to Consignments or loss, mis-delivery or non-delivery of any Consignment (or any part thereof), unless you notify us (other than upon any delivery document) of the same within:
11. Liability for Loss and Damage
11.1 Our sole liability for loss, mis-delivery or non-delivery of or damage to any Consignment whether caused negligently or otherwise, is limited to the lesser of:
11.1.1 the Value of the Consignment, or the part of the Consignment as appropriate, which has been lost, mis-delivered or damaged;
11.1.2 the cost of repairing any damage to the Consignment; and
11.2 Any Consignment which has a Value of less than £20.00 is carried at your risk and we will have no liability to any loss, mis-delivery or non-delivery of or damage to such Consignment.
11.3 Shock labels or similar devices designed to show whether a Consignment has been subject to treatment likely to cause damage to it are not accepted as proof of damage of any Consignment.
13. Unreasonable Detention
After an initial period of 15 minutes, we may charge you £5.00 for each 15 minute period spent attempting to collect or deliver a Consignment.
14. Periods of Time
Where these Conditions specify a period of time such period will not include any day which is a Saturday, Sunday or public or bank holiday in any country through which transit of the Consignment passes.
15. General
15.1 The headings in these Conditions are for convenience only and do not affect their interpretation.
15.2 We are not and do not contract as a common carrier. Any Consignment accepted for transit is accepted upon these Conditions to the exclusion of all others that you attempt to apply, even if they are endorsed upon, delivered with or contained in any document that you deliver to us. Delivery of a Consignment to us by you will be conclusive evidence of your acceptance of these conditions.
15.3 Variations to these Conditions and representations about the services we are to provide to you will be ineffective unless expressly agreed in writing by an authorised signatory.
15.4 Any failure by us to enforce or partially enforce any provision of these conditions will not amount to a waiver of our rights.
15.5 These conditions are personal to you and you may not assign, licence or sub-contract any or all of your rights or obligations under them without our prior written consent.
15.6 Any provision of these conditions which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) will, to the extend of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provision of these conditions and the remainder of such provision shall not be effected.
15.7 All communications between the parties about these conditions must be in writing and delivered by hand, pre-paid first class or fax, if to us, to our registered office and if to you, to the address specified on the account application form, or in either case, to such other address as notified by either party to the other.
15.8 These Conditions contain all the terms which we have agreed in relation to the subject matter of these Conditions. Neither party has been induced to enter into these Conditions by a statement or promise which they do not contain. This Condition
15.9 will not exclude any liability which one party would otherwise have to the other in respect of any fraudulent statements.
15.10 Formation, construction, performance, validity and all aspects of these Conditions is governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
15.11 The parties to these Conditions do not intend that any of its terms will be enforceable by virtue of the Contracts (rights of third parties) act 1999 by any person not a party to it.
16. Data Protection Act
16.1 You consent to and understand that, for all account applications, a credit search will take place using a credit reference agency.
Page 3 of 3 - Previous
All business undertaken is subject to our conditions of trading.
Terms & Conditions
(C) 2009 Boniface Transport.
