1. Definitions
1.1
ATM Logistics (‘the
courier’, ‘ATM’, ‘ATM Logistics’), or any employees, agents or subcontractors.
1.2
Customer, the individual
or company named on the booking form
1.3
Contract, the agreement
of carriage which the above parties in 1.1 and 1.2 based on these terms and
conditions.
1.4
Consignment,
1.5
Goods, the physical item(s)
which are to make up the ‘consignment’. The term ‘goods’ includes, but is not
limited to packages, papers, containers, in any number as agreed by the parties
in 1.1 and 1.2.
1.6
Consignment, the good(s)
which are to be collected wit the intent to deliver within the time period
agreed between the above parties in 1.1 and 1.2
1.7
Sender, the term used by
ATM to describe the individual or company from whom the consignment will be
received.
1.8
Recipient, the term used
by ATM to describe the individual or company to whom the consignment will be
delivered.
1.9
Delay, delivery occurring
outside the agreed timescale by the parties in 1.1 and 1.2.
1.10
Consequential loss,
indirect loss occurred due to delay or loss.
1.11
Dangerous goods, dangerous substances as
defined in the Road Traffic (Carriage of Dangerous Substances in Packages etc.)
Regulations 1992 (and any amendment or replacement thereof), explosives,
radioactive substances and any other substance presenting a similar hazard.
1.12
Excluded goods, goods that ATM Logistics do
not carry as outlined in 5.
2.
ATM Logistics’ Obligations
2.1
ATM Logistics will
endeavour to deliver the consignment within the time period agreed between the
parties in 1.1 and 1.2.
2.2
ATM Logistics will not be
liable for any delay caused by the unavailability of the provider or recipient
of the consignment.
2.3
ATM logistics will not be
liable for loss or delay to the consignment caused by the following
2.3.1
Act of god, including but
not limited to earthquake, flood, or storm.
2.3.2
Act of war
2.3.3
Act of hostilities
2.3.4
Nuclear danger
2.3.5
Industrial action
2.3.6
Unforeseeable traffic
conditions
2.3.7
Cancellation of transport
services based on threat or fear of the matter outlined in 2.3.1 to 2.3.6
2.3.8
Seizure under legal
processes
3.
Customer’s Obligations
3.1
The customer is the owner
of, or has been granted authority from the owner of the goods; that make up
part of, or all of the consignment.
3.2
The customer will provide
an accurate description of the goods within the consignment, none of which are
excluded by ATM, (see 5).
3.3
The customer will make payment
in the timescale agreed with ATM Logistics.
3.4
The customer will be
liable for any costs incurred by ATM Logistics in relation to undisclosed
excluded goods as outlined in 5.
3.5
The customer will be
liable for any costs incurred by ATM Logistics in relation to storage when the
circumstances outlined in 6.2.2 and 6.2.3 occur.
4.
Limitations of Liability
4.1
The liability of ATM in
regards to loss, damage or miss delivery will not exceed the declared value of
the goods within consignment or £25,000.
4.2
The liability of ATM in
regards to delayed delivery (excluding those situations outlined in 2.3), shall
not exceed the carriage charge, or in case of a part-consignment delay, part of
the carriage charge.
4.3
ATM Logistics will not be
liable for consequential loss unless explicitly agreed in writing by the
managing director of ATM.
4.4
ATM Logistics will not be
liable for loss or damage to goods when transit is suspended due to the
circumstance outlined in 6.2.2 and 6.2.3 occurring.
5.
Excluded Goods
5.1
The customer shall not
submit for carriage the following goods that ATM Logistics class as excluded
goods.
5.2
If ATM Logistics abandon a delivery on discovery of such good being found in
a consignment, ATM will not be liable for the safekeeping of aid goods.
5.3
ATM Logistics will not
carry dangerous
substances as defined in the Road Traffic (Carriage of Dangerous Substances in
Packages etc.) Regulations 1992 (and any amendment or replacement thereof),
explosives, radioactive substances and any other substance presenting a similar
hazard.
5.4
ATM Logistics will not carry firearms or weapons unless explicitly
agreed in writing by the managing director of ATM.
5.5
ATM Logistics will not carry any goods of which the possession of
is illegal or prohibited.
5.6
ATM Logistics will not carry any written or pictorial goods that
are obscene, blasphemous, racist or offensive in anyway.
5.7
ATM Logistics will not carry livestock.
5.8
ATM Logistics will not carry human remains.
6.
Transit
6.1
The transit begins when
the consignment is collected, or delivered to ATM Logistics.
6.2
The transit ends;
6.2.1
When the consignment has
been signed for by the receiver
6.2.2
When the consignment has
been removed for storage due to the receiver refusing, or being unable to
accept the said consignment.
6.2.3
When ATM hold the
consignment on the request of the customer.
6.3
Transit will resume when the consignment is out for redelivery on
the request of the customer.
6.4
ATM Logistics will be able to charge for a redelivery.
6.5
ATM Logistics will be able to make a reasonable charge for waiting
time if the receiver is not available to receive the consignment within fifteen
minutes of ATM arriving at the delivery address.
7.
Loading and Unloading
7.1
ATM Logistics will be
under no obligation to provide any plant, power or labour for the processes of
loading or unloading.
7.2
Consignments that may need special requirements for loading or
unloading will only be accepted on the basis that both the sender and receiver
have the ability of unload the said consignment.
7.3
Where there are special requirements for loading or unloading, ATM
Logistics will not be liable for damage in the said loading or unloading
processes.
8.
Lien
8.1
ATM Logistics shall have a general lien against the customer, where
the customer is the owner of the goods within the consignment, for any monies
whatever due from the customer to the carrier. If such a lien is not satisfied
within a reasonable time, ATM may at its absolute discretion sell part or all
of the said consignment. ATM will act as agent for the customer and apply the
proceeds towards monies due and costs incurred, with the remainder being
forwarded to the customer.
8.2
Where the customer is not the owner of the goods within a consignment,
ATM shall have a particular lien against the said owner, allowing ATM to retain
possession, but not dispose of, the goods against monies due from the customer
in respect of the said consignment.
9.
Miscellaneous Terms
9.1
If transit ends without a
delivery occurring, and the customer cannot be contacted within two weeks ATM
will be able to sell the goods within the consignment and hold the sale price
minus deductions for costs incurred in a money institute until it is claimed by
the customer and/or their representatives.
9.2
All claims for damage or loss must be received in writing within
21days of delivery taking place.
9.3
The contract and theses terms and conditions will be governed by
the laws of