| Please find below our terms and conditions. There is a downloadable copy here. |
| 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 of the above parties in 1.1 and 1.2 based on these terms and conditions. 1.4 Consignment, the term used to describe all the ‘goods’ to be carried with the intent to deliver within the time period agreed between the above parties in 1.1 and 1.2. 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 Sender, the term used by ATM to describe the individual or company from whom the consignment will be received. 1.7 Recipient, the term used by ATM to describe the individual or company to whom the consignment will be delivered. 1.8 Delay, delivery occurring outside the agreed timescale by the parties in 1.1 and 1.2. 1.9 Consequential loss, indirect loss occurred due to delay or loss. 1.10 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. 1.11 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 sender 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 operations manager of ATM. 4.4 ATM Logistics will not be liable for loss or damage to goods when transit is suspended due to the circumstances 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 said 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 operations manger 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 recipient 6.2.2 When the consignment has been removed for storage due to the recipient 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 sender is not available to provide the consignment within fifteen minutes of ATM arriving at the collection address. 6.6 ATM Logistics will be able to make a reasonable charge for waiting time if the recipient 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 recipient have the ability to 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 30 days 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 England and Wales. |
| Copyright © 2009 Malex Automotive Ltd. Registered Office: 2 Sherborne Road, Burbage, Hinckley, Leicestershire, LE10 2BE Registered in England & Wales, Company Number: 6564299 web www.atmlogistics.co.uk | tel 08452 247ATM | email atm@atmlogistics.co.uk |
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