Terms of Service
Summary of Principal Terms & Conditions
This Summary of Principal Terms & Conditions is not a
comprehensive statement of the terms and conditions of business of
Yorkshire Couriers (“YC”). A full statement of our Terms and Conditions
of Business is available upon request. Where there is any variance
between this Summary and the full statement of Terms and Conditions of
Business, the latter shall prevail.
When an order is given to YC to provide courier services it is an
offer to make use of those services. A binding contract between YC and a
consignor will come into being when YC accepts the consignor’s offer.
“Consignment” means the goods carried by YC. A Consignment may be
carried by whatever method, vehicle and route chosen by YC and on a
limited liability basis as set out below.
“Consignor” means a person or company who orders from and agrees courier services with YC.
1 Dangerous or Illegal Consignments
YC will not carry a Consignment the contents of which are dangerous
or illegal, in particular without limiting the generality of the
foregoing if it contains:
1.1 noxious, dangerous, hazardous, explosive or inflammable
items, firearms including parts of firearms, ammunition or detonators,
or any goods likely to cause damage;
1.2 goods which might endanger human or animal life, which might
taint or otherwise damage other goods being transported by YC, or the
carriage, import or export of which is prohibited by applicable law;
1.3 any written, printed or pictorial matter which is or might
reasonably be held to be obscene, blasphemous, scandalous, defamatory,
proscribed or prohibited in any country from, to or through which
carriage is to take place; or
1.4 any article the possession of which is unlawful by the law
of any country from, to or through which carriage is to take place.
Save for the purposes of clause 4.2, time for collection or delivery
shall not be of the essence. YC undertakes only to deliver to the
delivery address given by the Consignor and not to any specified person.
If YC cannot effect delivery, if the recipient refuses to accept
delivery, or if the delivery address is incorrect, YC shall notify the
Consignor and hold that Consignment to the Consignor’s order or, at YC’s
discretion, return the Consignment to the Consignor, in which case the
Consignor shall be responsible for paying all applicable charges
calculated according to YC’s prevailing rates. If an undelivered
Consignment is held by YC and is not claimed within six months of YC
notifying the Consignor, or if YC is unable to contact the Consignor, YC
shall be entitled to deal with the Consignment as YC reasonably sees
YC reserves the right to open, inspect or scan a Consignment at any time.
4.1 The Consignor shall pay the agreed charges to YC on or
before the collection of any Consignment or upon delivery, at YC’s
discretion. The Consignor shall pay or reimburse YC for all taxes,
duties or levies on the Consignment. If the Consignor cancels the
carriage before collection or delivery the agreed charges shall be
payable and the Consignor shall pay all fees, liabilities or expenses
unavoidably incurred by YC in connection with the cancellation of such
carriage including the return of the Consignment to the Consignor.
4.2 In the event that YC is kept waiting at a collection or
delivery point for a period in excess of 20 minutes the Consignor shall
pay a charge of £15 per half-hour or part thereof, subject to a minimum
charge of £30.
If the Consignor so requests, YC shall at the Consignor’s expense
insure the contents of a Consignment while in YC’s custody for their
full market value. Where the Consignment and its contents are so
insured, YC shall be under no liability to the Consignor for any matter
in respect of which a claim has been made or could be made under that
YC’s liability is limited to direct loss only and to the lesser of
the market value or the replacement cost to the Consignor, or the cost
of repair if less in the case of damaged goods. YC shall not be liable
for any loss, damage, costs or expenses of any nature whatsoever
incurred or suffered by that Consignor of an indirect or consequential
nature including without limitation any economic loss or other loss of
turnover, profits, business or goodwill.
YC shall not be liable for delay in delivery resulting from the
unavailability at the delivery address of the named recipient or the
impracticability of complying with any special delivery instructions.
6.3 Circumstances Beyond YC’s Control
YC shall not be liable for any loss, damage, mis-delivery or delay in
delivery occasioned solely or principally by any circumstances beyond
its control, including but not limited to:
.1 act of God, the effect of ionising radiation or uncontrolled
nuclear reaction, act of war, hostilities, riot or civil commotion, or
the threat or fear of such conditions prevailing;
.2 criminal, malicious or negligent acts or omissions of third parties;
.3 any industrial action;
.4 any suspension or cancellation of transport services by reason
of the presence, threat or fear of bad weather, fire, flood or any of
the matters set out in this clause 8.4.2; and
.5 traffic congestion, mechanical breakdown, or the obstruction of any public or private highway.
6.4 Time limit for claims
The Consignor must submit a claim for compensation with appropriate
supporting evidence within 14 days, failing which YC shall have no
7 Warranties and Indemnities
7.1 The Consignor represents warrants and undertakes that:
.1 he is either the owner or the authorised agent of the owner of any goods which he requests YC to carry;
.2 a Consignment submitted to YC for carriage shall be properly
labelled and prepared by him and protected against unauthorised
interference during their preparation, storage and transport to YC; and
.3 he is authorised to accept and accepts these Conditions not
only for himself but also for all other persons who are or may
subsequently become interested in the goods.
7.2 The Consignor shall indemnify and hold harmless YC from and
against all Claims and Losses arising from loss, damage, liability,
injury to YC, its employees and third parties by reason of or arising
out of any breach of the Consignor’s obligations under this Agreement.
“Claims” shall mean all demands, claims, proceedings, penalties, fines
and liability (whether criminal or civil, in contract, tort or
otherwise); and “Losses” shall mean all losses including without
limitation financial losses, damages, legal costs and other expenses of
any nature whatsoever.
The validity, construction and performance of this Agreement shall be
governed by English law and shall be subject to the exclusive
jurisdiction of the English courts to which the Parties submit.
If any provision of this Agreement is prohibited by law or judged by a
court to be unlawful, void or unenforceable, the provision shall, to
the extent required, be severed from this Agreement and rendered
ineffective as far as possible without modifying the remaining
provisions of this Agreement, and shall not in any way affect any other
circumstances of or the validity or enforcement of this Agreement.