Terms & Conditions
Standard Terms of Contract 1. Definitions In these Terms and Conditions where the following terms are used, they shall
have the following meanings: (a) "Consignment" means any item(s) of any sort which are, may be, or are
intended to be, received by us from any one sender at an address for us to carry
and deliver to any recipient at any other address. (b) "Damaged Consignment" means a Consignment that is no longer in the
condition in which it was received by us, or which is or becomes a health and
safety risk. (c) "No Compensation Items" means items that are carried without compensation
cover for damage and are sent At Owners Risk. (d) "Out of Gauge"a Consignment is deemed Out of Gauge if it is outside of
the weight and dimensions that we carry on a particular service. (e) "Prohibited Items" means cannot be carried on any Service. (f) "Purchased" means when you accept the Service Order. (g) "The Collection Point" means the address at which a Consignment is
received or collected by us. (h) "The Delivery Point" means the address to which any Consignment is
delivered by us. (i) "The Excepted Risks" means: (i) war, invasion, act of foreign enemy, hostilities (whether war be declared
or not), civil war, rebellion, revolution, insurrection or military or usurped
power, or loot, sack or pillage in connection, and/or (ii) ionising radiations or contamination by radioactivity from any nuclear
fuel or from any nuclear waste from the combustion of nuclear fuel, and/or (iii) radioactive, toxic, explosive or other hazardous properties of any
explosive nuclear assembly or nuclear component of the same, and/or (iv) pressure waves caused by aircraft and other aerial devices travelling at
the speed of sound or faster, and/or (v) the absence, failure or inadequacy of the packing or packaging used for a
Consignment. (j) "The Service Order" means the summary of the order displayed during the
ordering process which is confirmed to you in the confirmation email that is
sent once acceptance of the order has occurred. (k) "This Agreement" means these terms and conditions, together with the
Service Order. (l) "Us,We or Our" means Paisley Freight or paisleyfreight.com, together with
its directors, employees any agents subcontractors or couriers acting on its
behalf. (m) "You" means the customer who is contracted with us as set out in the
Service Order. (n) "Customer" means you or the person contracted with us as set out in the
Service Order (o) "Returned to Sender" A Consignment may be returned to sender (i.e. to us)
if the recipient sends it back to us and you:- (i) do not accept receipt of that item; (iii) do not pay any outstanding charges; and/or (iii) if the item is delivered and is an Out of Gauge item for which you nor
the recipient pay the underpayment . (o) "Service" means the service and carriage of a Consignment by us in
accordance with the particulars set out in the Service Order. 2.Our Obligations 2.1 We will carry out the Service(s) for you whilst this Agreement is in
force, in return for the payment by you to us of the price set out in the
Service Order and in accordance with the terms of this Agreement. 2.2 We shall have the right to make any changes to the Service(s) which are
necessary to comply with any applicable law or safety requirement or which do
not materially affect the nature or quality of the Service(s) and we shall
notify you of any such changes. 2.3 We warrant that the Service(s) will be provided using reasonable care and
skill. 3.Loading and Unloading 3.1 If collection or delivery of a Consignment takes place at your premises,
we shall not be under any obligation to provide any equipment or labour which,
apart from the driver collecting the Consignment, may be required for loading or
unloading of a Consignment. 3.2 Any Consignment (or part of a Consignment) requiring any special
equipment for loading and unloading shall be accepted by us for transportation
only on the understanding and condition that such special equipment will be made
available at the Collection Point and the Delivery Point as required. Where such
equipment is not available and if we agree to load or unload the Consignment (or
part of the Consignment) we shall be under no liability or obligation of any
kind to you for any damage caused (however it may be caused) during the loading
or unloading of the Consignment. This includes any damage caused whether or not
by our negligence and you shall agree to indemnify and hold us harmless against
any claim or demand from any person arising out of our agreeing to load or
unload the Consignment in these circumstances. 4.Collection and Deliveries 4.1 We will make one attempt to deliver a Consignment during normal working
hours. If we cannot obtain a delivery receipt at the Delivery Point you agree
that we shall be authorised to attempt to: (a) deliver the Consignment to, or obtain a delivery receipt from, an
alternative address close to the Delivery Point; or (b) deliver the Consignment to a safe location at the Delivery Point and (if successful) we agree that we will leave at the Delivery Point details
of the address or safe location to which we have delivered the Consignment. 4.2 If we are unable to deliver to the Delivery Point, a nearby address or a
safe location, we shall return the Consignment to our premises and leave a
request for the recipient of the Consignment to contact us to make alternative
delivery arrangements to the Delivery Point. If the recipient does not contact
us to arrange the alternative delivery within 7 days we will return the
Consignment to you at your cost (such cost to be discharged before delivery to
you). 4.3 If we consider that the Consignment has become a Damaged Consignment and
cannot be delivered because it is or in our reasonable opinion is likely to be
unsafe hazardous or harmful we reserve the right to dispose of the Damaged
Consignment immediately. 4.4 If we are unable to deliver to the Delivery Point and the Consignment is
returned to our premises in 4.2 above, we will attempt to make alternative
delivery arrangements with you at your cost. If we are unable to collect payment
or are unsuccessful in contacting you through the details provided on the
Service Order, we will dispose of the Consignment after forty-five (45) days. 5. Sub-Contractors 5.1 You agree that we may use another carrier in order to support our
provision of the services to you (this will be at our own expense) and you agree
that both we and this other carrier shall be entitled to the protection of all
of the terms of this Agreement which exclude or limit liability for any losses
or damage. 6. Our Liability YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR
LIABILITY WITHIN IT. 6.1 Where you deal with us as a consumer, nothing within these terms and
conditions shall be deemed to affect your rights under the Unfair Contract Terms
Act 1977. For the avoidance of any doubt, when you deal with us as a business
the Unfair Contract Terms Act 1977 is hereby excluded to the fullest extent
legally possible and you are further referred to additional terms relating to
business clients set out below. 6.2 Nothing in this Agreement shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation. 6.3 We will perform the Service(s) in a professional manner with the
appropriate level of skill and care. Damage or Loss to a Consignment may still
occur as a consequence of our handling of it and in such circumstances, our
liability shall be limited as set out in these Terms and Conditions. Except as
otherwise provided in these Conditions and subject to the other provisions of
the Condition 6, the Liability of Paisley Freight or it’s Sub-Contractors in
respect of physical loss, mis-delivery of or damage to goods comprising the
Consignment, howsoever arising, shall in all circumstances, subject always to
the overall maximum Liability set out in Condition 6.3(c), be limited to the
lesser of: (a) the value of the goods actually lost, mis-delivered or damaged (and the
value of the goods actually lost, mis-delivered or damaged shall be the
replacement cost to the Customer at the commencement of Transit, and shall
include any Customs and Excise duties or taxes payable in respect of those
goods) (b) the cost of repairing any damage to or reconditioning the goods (c) a maximum of £100 in respect of a ’Consignment’ actually lost,
mis-delivered or damaged, as set out in, and subject to all of Condition 6. (d) Increased Liability Cover is available during the order process up to the
value declared, subject to a maximum of £3,000 in the case of computer
equipment, peripherals, software, mobile telephones and accessories, or other
audio-visual equipment per equipment; and up to £15,000 maximum (whichever is
the lessor) Increased Liability Cover for all other items, limited to the value
declared by the Customer for the Consignment. (e) We and our Sub-Contractors shall not in any circumstances have any
Liability in respect of a Consignment, whether such Consignment has been
delivered or not where; there has been fraud or criminal activity on the part of
the sender or Customer at The Collection Point or receiver at The Delivery
Point, or the employees or agents of any in respect of the Consignment. (f) In these Terms and Conditions, damage to you means any damage suffered by
you (including any loss of, or damage to, a Consignment and any other loss,
whether or not known to you or us or in either of our contemplation at the time
of entering into this Agreement), however it arises but only so long as it is
caused by our negligence, breach of duty or other wrongful act or omission
(which includes any deliberately wrongful act or omission) and any breach of any
the terms of this Agreement, or any terms implied by statute (where applicable); (g) We investigate all claims received by us in a fair and speedy manner, but
such investigations are more accurate and are easier to perform soon after the
loss or damage is alleged to have incurred and on that basis, the timescales set
out in this Agreement are necessary to ensure that such investigations can be
performed fairly. The Extent of our Liability 6.4 We shall only be liable for damage or loss caused to you if it is caused
by our negligence, breach of duty or other wrongful act or omission, and only
subject to the limitations set out within this clause 6 and clause 7; 6.5 We shall not be liable to you under any circumstances for any direct or
indirect loss (including, but not limited to loss of profits, or loss of
goodwill) or for any other special or indirect losses, costs, damages, or claims
which do not arise naturally as a result of our negligence, breach of duty, or
other wrongful act or omission. 6.6 We shall not be liable to you: a)under any circumstances where there are any material discrepancies (meaning
more than 5% difference) between the declared dimensions and weights and the
actual dimensions and weights; b) for any damage caused by our negligence, breach of duty, or other wrongful
act or omission, which you have, or you have arranged to be, repaired, unless it
is agreed by us that the repair work is to be carried out and that a repairer
approved by us undertakes this work; c) in any circumstances in respect of the items on the Prohibited or
Restricted items list; Special Provisions items and for damage to the No
Compensation Items lists, unless otherwise stated by us. d) for insufficient or improper packing of the goods. e) insufficient or improper labelling or addressing. f) Consignee or Receiver not taking or accepting delivery within a reasonable
time after delivery of the Consignment has been attempted. g) for the Consignee named on the booking or the receiver who accepted the
goods not signing for as DAMAGED h) the words UNEXAMINED, UNCHECKED, NOT CHECKED etc. will not be accepted as
a conditional signature. The Limitation on the Amount of our Liability 6.7 If we are liable to you for any reason, we shall (subject always to
clause 6 and 8) only be liable to refund to you the cost paid for the Service(s)
or up to a maximum of £100,unless you have purchased Increased Liability Cover
for your Consignment from us. For the avoidance of doubt, this includes any Increased Liability Cover you
may require in respect of any items listed on the "Special Provisions" and "No
Compensation Items or At Owners Risk" lists.The items on the "Prohibited Items"
list are prohibited and no level of Increased Liability Cover taken out by you
will change whether these items will be allowed. Where you purchase Increased Liability Cover for your Consignment from us,
our liability to you is limited to the value of the Increased Liability Cover
taken out or the actual value of the Consignment at the date of loss (whichever
is the lesser).Where you do not purchase Increased Liability Cover, you confirm
that you accept the risks of not doing so. We will not be liable to repay you the market value of the Consignment as at
the time it was purchased by you. Consignments by their nature are subject to
depreciation.You musttake out a "new for old" compensation policy through a
third party should you wish to be compensated in this way. 6.8 In order to ascertain the extent of our liability above, we shall require
proof of the value and weight of the entire Consignment and any part or parts of
it which make it up and you must ensure that, prior to our collection of the
Consignment, you have a record of these. For the avoidance of any doubt, and
without affecting clause 6.5, we shall only be liable for the replacement value
of the Consignment and not for any sums that would amount to profit on the
Consignment or applicable value added tax (or like tax) on such profit. 6.9 If a claim arises as a result of damage to the whole or part of a
Consignment and if we settle the claim for a sum equal to or greater than the
value of the Consignment, then we shall be entitled to claim ownership of the
Consignment and deal with it as we see fit. For the avoidance of any doubt, we
shall be responsible for the cost of recovery of the Consignment. 6.10 If you wish to combine a number of discrete packages you must do this
within an outer box or packaging fully encompassing each discrete package. If
you do not do this and any individual discrete package(s) come apart in transit
resulting in one or more of them being lost, then once the remaining parcel(s)
are signed for by the recipient, you accept that you cannot make a claim for
loss or partial loss of that consignment. No Compensation or At Owners Risk Items and Prohibited or Restricted Items 6.11 (a) Certain items are carried without compensation cover for damage and
at your own risk regardless of whether compensation cover is taken out. A list
of these can be found at:https://www.paisleyfreight.com/restricted-items. We do not accept any liability for, damage to or damage caused by any of the
items on these lists, whatsoever and howsoever damage is caused, whether in
contract, breach of statutory duty, tort (including negligence) or otherwise. For the avoidance of doubt, if Increased Liability Cover is taken out for the
items on "No Compensation or At Owner Risk Items" lists they will be carried
with compensation cover only in the event they are lost by us. 6.11 (b) We reserve the right to deal with any Prohibited or Restricted Items
at our sole discretion without being liable in any way to you or the recipient
of the Consignment containing the Prohibited or Restricted Item(s). The list can
be found here:https://www.paisleyfreight.com/restricted-items. For the avoidance
of doubt, this means that if these items are carried, they are carried without
compensation cover for damage or loss, regardless of whether compensation cover
is taken out. We have the right to dispose of any Prohibited or Restricted
Items, in whole or in part, as we decide and reserve the right to charge you for
any reasonable costs we incur in doing so. Special Provisions 6.12 (a) We shall not, in any circumstances, be liable to you for any damage
caused arising directly or indirectly as a result of any of the Excepted Risks. (b) If at any time we are prevented or delayed from starting, carrying out or
completing any of the Services because of a strike, lock out, labour dispute,
weather conditions, traffic congestion, mechanical breakdown or obstruction of
any public or private road or highway or any other cause beyond our control, you
shall have no claim for damages against us for any loss that you may suffer as a
result provided that, where the delay is caused by the mechanical breakdown of
one of our vehicles, we shall use our best endeavors to provide a replacement
vehicle with the minimum delay practicable. (c) We shall not in any circumstances be liable for any late delivery or
missed delivery or failure to deliver caused by or contributed to by any
deficient or ambiguous labelling of a Consignment and you agree to be
responsible for ensuring that such labelling is clear and unambiguous. (d) We shall not in any circumstances be liable for any late collection or
missed collection or failure to collect caused by or contributed by any
deficient or ambiguous instructions from the Service Order. Your Default 6.13 If our performance of any of our obligations under this Agreement is
prevented or delayed by any act or omission by you or failure by you to perform
any relevant obligation ("Your Default"): (a) we shall (without limiting our other rights or remedies) have the right
to suspend performance of the Service(s) until you remedy Your Default and, and
we shall have the right to rely on Your Default if Your Default prevents or
delays our performance of any of our obligations; (b) we shall not be liable for any costs or losses that you may suffer that
arising directly or indirectly from our failure or delay to perform any of our
obligations; and (c) you shall reimburse us on written demand for any costs or losses
sustained or incurred by us arising directly or indirectly from Your Default. 7. International Carriage 7.1 If we are requested to collect from, or deliver a Consignment to, a
country outside of the United Kingdom our terms of liability (subject to clause
7.2 below) shall be governed by the relevant provisions of the Convention on the
Contract for International Carriage of Goods by Road as set out in the Schedule
to the Carriage of Goods by Road Act 1965 (as amended) ("the CMR Regulations")
and, in particular, articles 17 onwards and those provisions shall be deemed to
be incorporated into this Agreement and will apply in place of any inconsistent
terms within this Agreement. We can provide a copy of these provisions if
requested, but even if these are not requested you will be deemed to have read,
understood and agreed to them and their incorporation into this Agreement. 7.2 If the carriage of any Consignment occurs by air travel and involves
stopping in a country other than the country of departure then the Montreal
Convention as amended shall be generally applicable to such part of the carriage
as occurs by air and, in particular, our maximum liability in respect of loss of
or damage to any such Consignment during air travel shall be limited to the
amount set out in the Montreal Convention (namely £1,870 per ton of the gross
weight (i.e. including any and all packaging) of the Consignment). 7.3 We shall not be responsible for any local customs charges, import taxes
or duties or any similar charge(s) incurred through our carriage and/or delivery
of any Consignment and you must satisfy yourself as to whether any of these
charges will become due, and if so in what amounts, before completing an order
with us. If any such charges become due as a result of our carriage and/or
delivery of a Consignment on your behalf and are charged to us by any competent
authority you agree to reimburse us fully in respect of the same within 7 days
of our demand.