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 we use subcontractors. 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, damage and 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 while delivering your  consignments. We can discuss at the time of the booking.  

 28. Any quotation or estimate of charges given to you will be valid for 7 days, unless the  quotation states otherwise. If you accept our quotation, delivery must take place within 7 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 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) as stated on your tax invoice and in sterling. Any 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 7 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.