Terms & Conditions

DEFINITIONS OF TERMS USED 

1. In these terms, the words or phrases below will have the following meanings: - 

a) You, your – the customer who asks us to provide a delivery service, including any  employee, agent or subcontractor acting on your behalf. 

b) We, our, us – Russell Courier Services Ltd, company number 9646099 

c) Consignment – any item or items we carry for you from one address to another, including  any packaging. 

d) Proof of delivery – a signature, name, photo, or company stamp obtained from the  consignee acknowledging that the consignment has been received. 

GENERAL POINTS 

2. These are the terms under which we trade with you, and they override any previous  agreement between us. They cannot be changed or varied unless one of our directors agrees  in writing. These terms will also override any terms or conditions you may seek to impose on  your suppliers from time to time.

3. We are not a common carrier and reserve the right at our absolute discretion to: - 

a) Subcontract any part or parts of a delivery by employing the services of any other person,  firm or company who shall also have the power to subcontract. 

b) Refuse to accept any consignment or part thereof for delivery. 

c) Refuse to accept dangerous goods for delivery. 

4. When you ask us to make a delivery on your behalf, you will be deemed to have accepted  these terms. 

5. Our liability to you is limited and explained in detail below. 

6. These terms are intended to be reasonable to both of us, and if any part of them should  prove to be unenforceable or void at law, then it will not affect the rest. 

7. If, for any reason, either of us chooses not to exercise any rights contained in these terms,  then that will be regarded as a waiver of those rights for the future. 

8. English law governs this agreement between you and us, and any dispute will be dealt with  in the English courts  

OUR RIGHTS AND OBLIGATIONS 

 9. We may refuse to accept a consignment for delivery, or any part of it. We may also inspect  a consignment if we believe that these terms may have been breached (for example, to check  for dangerous goods). 

10. We can use any method or route to deliver your consignment, including  using subcontractors or agents. Your rights will not be affected where subcontractors are  used by us. No subcontractor or agent shall be under any greater liability to you than we are,  and we enter into this agreement with you on the basis that they are entitled to the limits of  liability contained in these terms. 

11. We will use our reasonable endeavours to deliver your consignment within the time you  request, but unless we expressly agree in writing before accepting your consignment for  delivery, we will not be liable for any loss or expenses you may suffer if the consignment is  not delivered on time. 

12. If we fail to deliver the consignment by the time you requested, and items given below in  paragraph 21 did not cause that failure, we will reduce our charge to the actual service level  provided. 

13. We will take all reasonable steps to obtain a proof of delivery at the time of delivery, and  that proof of delivery will be conclusive evidence that the consignment was delivered  complete and in good order, unless the consignee marks otherwise at the time of delivery.  We will not be liable for any loss or mis-delivery where delivery has been made in good faith  to a person claiming to be the consignee, or an employee, subcontractor or agent of the  consignee. 

14. If you require a proof of delivery after delivery has been made, then we will endeavour to  provide this to you, providing your request is made within 14 days from the date of dispatch.  Requests made later than this will be dealt with at our absolute discretion. Settlement of our  charges will not be conditional upon you receiving proofs of delivery, and you cannot delay or  withhold payment pending receipt of proofs of delivery, irrespective of when any  request was made to us. 

15. We will retain original hard copy proofs of delivery obtained by us and/or any other  associated documentation relating to deliveries for a minimum period of three months from  the date of collection. After that we may destroy these items without any reference or  obligation to you. 

16. We will make one attempt to deliver your consignment, but if we cannot do so, we will  have the option to either make a second attempt, or deliver to an alternative address provided by you, or return the consignment to you. Either of these alternatives will be at your  cost, but we will contact you first to agree the best option. If we still cannot deliver your  consignment, we will contact you for further instructions. 

17. If the consignment still cannot be delivered, we will give you 10 days’ notice that we  intend to sell or dispose of the consignment. Any proceeds of sale (net of expenses) or costs  of disposal will be applied to your account with us. 

18. We may keep hold of your consignments until you have paid any amounts you owe us,  even though these amounts may not relate to the items held. We may then sell the items  held, but only after we have given you 14 days notice in writing. Any proceeds (net of  expenses) will be applied to your account with us. 

19. Where we are required to sign to acknowledge collection of your consignment, then that  signature will not be regarded as evidence of the condition of the goods. If we are kept  waiting or loading longer than 10 minutes at either the collection address or delivery address,  we may charge you an additional amount, this being our standard hourly rate of the vehicle  in question. 

20. We will not be liable for any consequential or economic loss or damage suffered by you  or any third party. Our liability is strictly limited to the cost of replacement of, or repair to,  the goods sent in the consignment, subject to limits and conditions given below. 

21. We will not be liable for any loss or damage to the consignment, or any delay or mis-delivery if the cause was any of the following:- 

a) War, terrorism, riot, strike, lockout or any similar action. 

b) Natural disasters (e.g. floods), poor or extreme weather conditions. 

c) The consignment being seized or detained by any public authority. 

d) Incorrect or insufficient address given on the consignment note or manifest. This includes  any omission or ambiguity of information provided by you. 

e) Incorrect or insufficient packaging of the consignment. 

f) Natural wastage of a perishable or fragile consignment. 

g) Traffic congestion or delay. 

h) Any other event reasonable beyond our control. 

 22. If the loss or damage is our fault, then basic liability option to you is limited as follows :- 

a) £100 for same day delivery, 

b) on a single domestic consignment as per our chosen carrier terms & conditions,  

c) on a single international consignment as per our chosen carrier terms & conditions. If you feel that the basic liability option is not sufficient to cover the value of your consignment, you may for a charge purchase an extended liability option. 

23. We will not be liable for any loss or damage to any consignment that cannot be carried  within lockable equipment normally provided on the vehicle you order from us. For example,  if you order a motorcycle to make a delivery and your consignment is too big to fit in its  carrying equipment, we may be able to carry it (providing it is safe to do so) but will not be  liable for any loss or damage to that consignment. 

24. There are certain items we cannot accept liability for on any of our services. These  include cash, notes, money orders, vouchers, credit cards, stamps, deeds, passports, tickets,  travellers’ cheques, jewellery, precious stones, watches, precious metals, works of art,  antiques, ceramics, glass, living creatures, perishable goods and any other similar valuable  articles. 

25. If we are to consider any claim for non-delivery, late delivery, or loss or damage to the  consignment, you must notify us in writing within 7 days of delivery for any shortage or  damage, and within 14 days for any loss. We will be entitled to ask you for written evidence  to establish the value of the loss or damage (for example, purchase invoice). We may also ask  you to obtain an estimate for repair if appropriate. 

26. You must still continue to pay our invoices in full as they become due, even though you  may have submitted a claim to us. 

27. From time to time, we may incur additional expenses in the course of delivering your  consignments. These may be tolls, parking charges, rubbish disposal charges, or similar items.  If we incur any such expenses, we will invoice them to you with normal delivery charges, and  you will pay them within our credit terms. 

28. Any quotation or estimate of charges given to you will be valid for 14 days, unless the  quotation states otherwise. If you accept our quotation, delivery must take place within 14  days of the quotation date, otherwise revised charges may apply. We will only be bound by  written quotations accepted by you, and your acceptance will be deemed to have been given  when you ask us to make the delivery quoted for. Verbal quotations or estimates are  expressed as a guide only and will not be binding on us. 

29. We may change our charges or these terms from time to time, but if we do we will give  you advance notice. 

30. If you do not pay us within 30 days of the date of receiving the tax invoice, we will be entitled to  charge interest at the rate £10+VAT late payments of invoices charge. This will apply if the invoice goes  overdue and will be added to the following next invoice. If we are required to take legal action to  recover payment from you, our claim will include interest and all associated costs of such action. 

31. We may check weight and dimensions of your consignments or establish the weight if you  have not provided it to us. We will amend our charges to you in line with the actual weight  determined by us, and our calculation of the weight cannot be altered afterwards.  

YOUR RIGHTS AND OBLIGATIONS 

 32. Before asking us to deliver a consignment, you must make sure of the following:- 

a) If you are not the owner of the goods, you have the owner’s permission to enter into this  agreement and ask us to make a delivery. 

b) The goods in the consignment are not dangerous goods and do not present any health or  safety risks, and the handling or possession of them is not a criminal offence, nor breaches  any relevant statute or regulation. 

c) Only those individuals duly authorised by you can make bookings with us, and they will  supply to us (at the time of booking) any reference or purchase order you require to be  shown on our invoices in order to process them for payment. If you fail to provide us with  this information, or if the information is not correct, you will not be able to withhold payment  at a later date. 

d) The consignment is properly addressed and packaged. If, in our opinion, the packaging is  not sufficient, we may either refuse to deliver it, or may repack it to the required standard. A  reasonable charge will be made to you for any such repackaging. 

e) You have made any necessary insurance arrangements (either with us or a third party) to  provide the level of cover required, having regard to these items. 

33. You will pay our invoices (including any VAT) in full and without deduction (apart from  credit notes raised by us) within 30 days of the invoice date and in sterling. Any claims or  demands from HM Customs in respect of dutiable items must be paid on demand. 

34. You will raise any query you may have on our invoice within 14 days of the invoice date.  After that time, you will be deemed to have accepted our invoice as correct and will make  payment within our agreed terms. 

35. If you are in breach of any of these terms, you will be liable for any loss or expenses  suffered by us as a result. 

36. If your consignment needs special equipment (e.g., a forklift truck) or manpower to be  loaded or unloaded, you must make sure it is available at both delivery and collection  addresses. If such is not available, you will be liable for any resulting costs, which may include  waiting, storage, manual handling or redelivery charges. 

37. Unless we are shown to be at fault, you will indemnify us for any claims or losses arising  from our delivering shipments for you. 

38. If you make a claim for damage to your consignment, you will keep (or arrange to keep)  that consignment and all its packaging in a safe place and to one side in case we, or our loss  adjusters, need to make inspection during an investigation.