The Company is not and does not contract as common carriers. All consignments are Accepted by the Company only upon
these conditions. No servant agent or subcontractor of the Company has authority to waive vary or alter these Conditions in anyway, save
that a Director of the Company is so authorised provided that such waiver or alteration is evidenced in writing signed by such Director.
“The Company” means ABETTA COURIERS SERVICES LIMITED THEIR REGISTERED OFFICE BEING 925 FINCHLEY ROAD
LONDON NW11 7PE (whether in regard to carriage or storage of otherwise) means the Company including its servants and agents and its
sub-contractors together with their respective servants and agents and any of them.
“Customer” means any person entering into an Agreement with the Company for the Carriage of a consignment or consignments using
the Company’s services and includes unless the context otherwise requires his principals, servants, agents, consignee and owner of the
goods. “Sender” and “Consignee” includes unless the context otherwise requires their respective servants and agents.”Consignment” means
any goods including separate units thereof whether or not packed or boxed including such packaging which are in the control of the Carriers
for the purpose of carriage or storage or in respect of which the Company has agreed to perform any services. “Sub-Contractor” means any
person whose services the Company engages or makes use of to perform the whole or any part of the services the subject of this contract.
“Dangerous goods” means goods included in the list of dangerous goods as defined in the classification, packaging and labelling of
dangerous substances regulations (known as the C.P.L. Regulations), the classification and labelling of explosives regulations together with
any amendments thereto or goods which present a comparable hazard.
“Delay in the carriage of a Consignment” shall be deemed to have occurred where delivery of the total consignment shall not
have been completed after the expiration of 28 days from the date when transit began.
(1) The Company may engage agents and/or sub-contractors to perform all or any part of the services the subject of
the contract to be provided to the Customer and the Company enters into the Contract for itself and on behalf of such agents
and/or sub-contractors, all of whom shall have the benefit of these Conditions and who shall be under no liability to the Customer or anyone
claiming through him greater than or in addition to that of the Company under the Contact and the Customer agrees with the Company that
no claim shall be made against such agents and/or sub-contractors in addition to or in excess of the limitation and/or exclusions of liability
as set out in these Conditions.
(2) The servants agents and/or sub-contractors of the Company shall be entitled to the benefit of all the provisions
herein contained which exclude or restrict liability to any kind. The Company in entering into any agreement incorporating these
Conditions does so on its own behalf and as agents for all its servants, agents and/or sub-contractors.
(3) If the consignment or any part thereof is not the Customer’s own unencumbered property, he shall be deemed for
the purposes of the contract and these Conditions to be the agent of such owner or other interested party and warrants that he had the
authority of all persons owning or having an interest in the consignment or any part thereof to enter this contract and bind them as well as
himself of these Conditions. The Customer shall indemnify the Company against any loss, damage or claims made upon the Company by
virtue of any want of authority of the Customer to enter into this Contract on behalf of any party having an interest in the goods or any part
thereof including any packing materials.
(4) In entering into any contract with the Company the Customer agrees that he does not contract or deal as a Consumer despite any
statutory or other definition of whatsoever nature to the contrary.
Warranties and Indemnities
(1) The extent of the Company’s responsibilities and liabilities are defined herein and the Customer shall indemnify the Company from and
against all claims costs and demands of whatsoever nature and by whomsoever made and howsoever
arising from negligence or otherwise in excess of the liability of the Company under these conditions arising directly or indirectly
from the collection, carriage, storage and/or delivery of the Customer’s consignment.
(2) In the absence of written notice to the Company at the time of delivery to it, all goods and the packing within
which they are contained are warranted by the Customer fit to be carried and stored.
(3) The Customer agrees that he will not submit to the Carriers any consignment containing dangerous, virus,
infested, restricted, contaminated, prohibited or condemned goods unless he shall first have given to the Company in writing full
details of the same and obtained the written agreement of the Company to the submission of such consignment.
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(4) The Customer will be responsible for and will indemnify the Company against all losses damage and claims of whatsoever nature made
upon the Company for which the Company may be or become liable arising from the tender of a consignment all or part of which consists
of dangerous, venomous, infested, prohibited, contaminated, restricted or condemned goods including loss and/or damage sustained by the
Company to its own property and injuries or loss sustained by servants or sub-contractors of the Company.
Liability of the Company for loss, mis-delivery, damage or delay
Subject to these Conditions the Company shall be liable for:
(1) Loss or mis-delivery of, or damage to, any part of a consignment occurring during transit as defined by these
Conditions unless the Carriers shall prove such loss or mis-delivery or damage has arisen from;
(a) Act of God, including but not limited to storm tempest or flood;
(b) Any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, insurrection,
military or usurped power or confiscation requisition, destruction of or damage to property by or under the order of any government or
public or local authority, restraint of princes (including administrative or government action);
(c) Fire, lightning or explosion;
(d) Seizure under legal process;
(e) Act, default or omission of whatsoever nature of the customer, his servants or agents or of any person having an interest in the goods;
(f) Inherent liability due to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods or the
materials in which they are packed;
(g) Insufficient or improper packing;
(h) Insufficient or improper labelling or addressing;
(i) Not, civil commotion, strikes, lockouts, stoppages or restraint of trade or labour from whatsoever cause, whether partial or general and
whether or not the same shall have received if required official recognition of a Trade Union;
(j) The failure of the consignee to take or accept delivery within two clear days of notice being given to the Customer or Consignee of the
availability of the goods for delivery.
(3) Loss proved by the Customer to have been caused by delay in the carriage of the consignment unless the Company proves that such
delay has arisen without negligence on the part of the Carrier.
Provided that: –
(a)The Company shall not incur liability of any kind in respect of the consignment where there has been fraud on the part of the Customer;
(b) Where under this Condition the Company is not under liability in respect of some of the factors causing the loss or mis-delivery or
damage or delay, it shall only be liable to the extent that those factors for which it is liable under this Condition have contributed to the said
loss or misdelivery or damage or delay;
(c) When goods are consigned as damageable goods not properly protected by packing the Company shall not be liable for loss or mis-
delivery of, or damage to, or delay to the goods under this Condition except upon proof by the Customer:-
(i) That the same was caused by the wilful misconduct of the Carriers;
(ii) That subject to these Conditions it would not have been suffered if the goods had been properly protected by packaging;
(d) Where goods are accepted by the Company for Carriage at Owners risk The Company shall not be liable for any damage to the goods or
delay arising out of such risk except upon proof by the Customer that the same was caused by the wilful misconduct of the Carriers. Save as
aforesaid the Company shall be under no liability whatsoever in connection with any consignment or any instructions given to it.
Limits of Liability
(1) The Company has no knowledge of the value of the consignment and will only make payment or proportionate payment in accordance
with this Condition on satisfactory proof of value being provided.
(2) The liability of the Company in any event, in respect of the damage or mis-delivery or total destruction, or loss in connection with or of
any one consignment (howsoever caused) shall not exceed a sum equal to the carriage paid to the Company, together with either:
(a) A sum calculated at the rate of £10 GB Pounds per kilo (Maximum £1000 GB Pounds per shipment)
(b) The value of the consignment at the time and place when accepted for carriage whichever shall be the lesser sum.
(3) If part only of a consignment suffers from damage or misdelivery or destruction or loss as aforesaid (however caused the liability of the
Company shall be limited to that proportion of the sum calculated by reference to Condition 6(2) which the actual value of such part at the
time And place of acceptance for carriage bears to the value of the whole consignment.
(4) The liability of the Company in any event in respect of delay in the carriage of any complete consignment shall not exceed a sum equal
to the carriage charges received by the Company in respect of that consignment, and in respect of delay in carriage of the consignment shall
not exceed that proportion of such sum which the actual value of such part at the time and place of acceptance for carriage bears to the value
of the whole consignment.
(5) The Company shall not in any case be liable for indirect or consequential losses or for loss of a market.
(1) The Company shall not in any event be liable:-
(a) For the loss or mis-delivery of any part of a consignment or damage or delay unless it is advised thereof in writing
by the Customer (otherwise than upon any of the Carriers documents) of a claim and the general nature thereof within 21 days of the end of
the transit of the consignment save in respect of late arrival in any carriage service with an assured Delivery Date in which case the 21 days
shall run from the time when the goods should have been delivered for claims for refund of carriage charges; or
(b) For damage of any description unless the damaged goods are made available for inspection by the Company or its appointed
representative for a reasonable period following the submission of a claim; or
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(c) for loss, mis-delivery or non-delivery of the whole of the consignment unless it is advised of the loss, mis-delivery or non-delivery in
writing by the Customer (otherwise than upon any of the Carrier’s documents) within 28 days and the claim is made in writing within 42
days after transit began. Provided that if in any particular case the Claimant proves that:-
(i) It was not reasonably possible to advise the Company or claim in writing within the aforesaid times; and
(ii) Such advice or claim was given or made within a reasonable time; and
(iii) There has been no prejudice to the Company thereby; the Company shall not have the benefit of sub Clause
(a) and (c) hereof.
(2) The Company shall in any event be discharged from all liability whatsoever in respect of the consignment unless
suit is commenced within a period of time of one year from the termination of transit or, in the case of loss, mis-delivery or non-delivery of
the whole consignment, from the said 28 days referred to in Condition 7(1)(c) hereof.
(3) If not later than 5 days before the expiration of the said period of any agreed extension the Claimant requests an extension in writing of
the said one year period, the said time shall continue until the Company’s reply. If the said request is refused the said time shall continue for
a further 14 days after the day when the Claimant has been advised of such refusal.
(1) The Company’s charges for carriage and storage and any other services incidental thereto shall be payable by the Customer within 30
days of the date of the invoice without prejudice to the Company’s rights against the Consignee or any other person. Should the charges
not be paid within the period of 30 days then the Customer agrees to pay the Company interest on the outstanding amount at the rate of 3%
above the base lending rate then prevailing of Barclays Bank from the date of the invoice.
(2) A claim, counter-claim or set off shall not be made the reason for deferring or withholding the payment of monies otherwise due to the
(3) The Customer, shall pay the Company’s charges for detention of the Carrier’s vehicles, containers or coverings or other equipment or for
the use of occupation of other accommodation, whether before or after transit or whilst transit is suspended, unless the Customer proves that
such detention or use or occupation has arisen from default of the Carriers.
(4) The Customer shall be responsible and liable for all charges for services rendered by the Company on its behalf despite that the
Customer may have appointed the company as agent for certain purposes and that the Company may have agreed to collect some or all of
such charges from other persons upon the Customers behalf. The agreement of the Company to make application for payment from third
parties shall not relieve the Customer of liability in the event of a non-payment of such third parties.
(5) The Customer shall be responsible and liable to pay to the Company its costs in respect of any delay encountered
as a result of the Carriers being prevented from effecting delivery of the goods for causes other than the Carrier’s own negligence and shall
pay to the Company its charges in effect of any frustrated or abortive journey occasioned other than by the carrier’s negligence.
(6) The Company shall be entitled to impose an appropriate charge for supplying any document proving delivery requested by the Customer
in respect of each consignment.
Despatch and receipt of goods
(1) Every consignment and part of a consignment of goods shall be addressed and labelled in accordance with the Company’s requirements.
Except when otherwise agreed every consignment shall be accompanied by a consignment note containing such particulars as the Company
may reasonably require.
(2) The Carriers shall if so required sign a document prepared by the Sender acknowledging receipt of the consignment but no such
document shall be evidence of the condition or correctness of the declared nature, quantity or weight of the consignment at the time it is
received by the Carriers.
(3) Unless upon receipt of the consignment the Consignee or his agent notifies the Carriers in writing (whether on the consignment note or
otherwise) of any loss or damage to the goods and the general nature thereof, the Carriers are deemed to have delivered the consignment
prima facie in the same order and condition as when received by them.
(1) Transit begins when the goods are handed to or collected by the Carriers for carriage.
(2) Transit shall be suspended:-
(a) When the goods are held by the Carriers at some place other than the destination at the request of or for the convenience of the Customer
or because the Customer or Consignee refuses or is unable to take delivery at the destination; or
(b) When the goods are detained for Customs purposes and shall be resumed when the Carriers resume the carriage of the goods.
(3) Transit shall (unless otherwise previously determined) end:-
(a) In the case of goods to be delivered by the Carriers when they are tendered at the usual place of delivery within the customary delivery
hours of the district, or at such other times or places as may be agreed between the Carriers and the Customer;
(b) In the case of goods not delivered by the Carriers awaiting order or collection, at the expiration of one clear day after notice of arrival has
been given either orally or in writing to the Consignee or to the Sender when the address of the Consignee is not known, provided that the
addresses of both the Sender and Consignee are not known, the said end shall be the expiration of one clear day after the arrival of the goods
at the place to which they are consigned.
(4) The Carriers shall be entitled to raise a charge in respect of any wasted or needless journeys made in attempting to effect delivery of the
Means of transport
Goods accepted by the company for carriage may be carried by such route as the Carriers think fit and these conditions shall apply to
whatever means or routes by which the goods are carried.
Computation of time
In the computation of time where the period provided by these Conditions is seven days or less, Saturdays, Sundays and public holidays
shall not be included.
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Other published regulations
All goods are carried or stored subject also to any other applicable published bye-laws, statutory instruments Acts or
Regulations relating to the service of the Company for the time being in force, and in the event of conflict between such byelaws,Acts,
Regulations or statutory instruments and these Conditions the said bye-laws Acts, statutory instruments or
Regulations shall prevail.
Service of Notices
Any notice to the Customer relating to any consignment or part thereof or required by or referred to in any of the
provisions of these Conditions shall be conclusively regarded as served on the Customer if the same has been sent by post to the Customer at
the Customer’s last known address. Such service shall be treated for all purposes as having been effected on the Customer at the time when
such notice would in the ordinary course of post have been delivered at the Customer’s last known address.
(1)Except where the Company has agreed in writing signed by a Director, the Company does not contract to carry dangerous, venomous,
restricted, infested, prohibited, contaminated or condemned goods.
(2) Where the Company accepts Dangerous Goods (in this Condition called “The Goods”) for carriage or storage the goods will be carried or
stored subject to all the foregoing Conditions and subject also to the Special Conditions specified and referred to in this Condition and in the
event of conflict between the said Special Conditions and the foregoing, the said Special Conditions shall prevail.
(3) The Special Conditions relating to the carriage of goods are:-
(a) Previous arrangements shall be made in writing with the Company for the transportation and storage of the goods;
(b) At the time of rendering the goods for carriage or storage the sender shall supply to the Carrier a declaration in writing giving adequate
and sufficient information in relation to the nature of the goods and the hazard presented, and including, but not limited to, safety
instructions and measures to be taken in the event of spillage, ingestion, inhalation or contact with skin or eyes (whether or not required by
(c) the goods shall be properly and sufficiently packed and labelled in accordance with any requirements specified by the Company under
17(1) hereof or otherwise with any statutory regulations in force applicable to the carriage of the goods, including but not limited to the CPL
and allied regulations;
(d) Any additional Conditions and/or requirements communicated to the Customer by the Company shall prevail;
(e) In the event of non-compliance with any of the provisions of this Condition:-
(i) In any event the Company shall not be under any liability whatsoever in respect of the dangerous consignment save in the case of wilful
misconduct by the Carriers in which case liability shall be determined in accordance with these Conditions and
(ii) The Customer will be responsible for and indemnify the Company against loss or damage and claims made upon it for which it may be
or become liable in respect of injury to persons or damage to property unless the Customer proves that the loss or damage or injury is due to
the wilful misconduct of the Carriers.
(4) The Company shall not be liable to loss of, or damage or delay to, the goods unless the Customer proves that such loss, damage or delay
was not caused wholly or partly by failure on his part to comply with any of the Special Conditions in paragraph 17(3) hereof.
(5) The Company may at any time at the sender’s sole risk and expense return the whole or any part of the dangerous consignment to the
Customer (who shall receive it at once) or destroy or otherwise dispose of the whole or any part thereof if the Company is of the opinion that
it is necessary or advisable to do so.
(1 Any disputes, question of difference, which shall at any time, arise between the Customer and the Company and their respective
representatives arising from this Agreement shall be referred to the English Courts.
(2) The construction, validity and performance of this Agreement shall be governed by English Law.