1.1 Where the Carrier is unable to effect delivery as requested by the Customer when making a Booking, or where transit has come to an end, the Carrier shall use its reasonable endeavours to notify the Customer and the Consignee of any undelivered or unclaimed Consignment. Unless the Consignment is collected from the Carrier by the Customer, or instructions are given for the disposal, onward carriage or return to the Customer of the Consignment, within 7 days of such notice being given (or such other time as the Carrier may nominate), title to the Consignment shall transfer to the Carrier and the Carrier may destroy or sell the Consignment as if it were the absolute owner. Where a Consignment is returned to the Customer by the Carrier or a Customer arranges for the onward carriage and delivery of the Consignment by the Carrier (excluding any return to the Customer), that return or onward carriage (as the case may be) shall be at the Customer’s sole cost and expense and shall be charged to the Customer (and the Customer shall pay) at the Carrier’s standard rates.
1.2 Where the Carrier sells the Consignment to a third party pursuant to clause 1.1, the Carrier shall use its reasonable endeavours to obtain a reasonable price for the Consignment and shall apply the proceeds of sale to the payment of all its proper expenses and charges suffered or incurred in relation to the carriage, storage and sale or disposal of the Consignment. Any proceeds left over shall be paid to the Customer upon which the Carrier shall be discharged from all liability in respect of the Consignment. Where the proceeds of sale do not meet or exceed the total value of the Carrier’s expenses and charges, the Carrier shall charge the Customer (and the Customer shall pay) a sum equal to the shortfall.
2.1 Subject always to the provisions of this clause 2, the Carrier and Customer shall each be entitled to cancel a Booking and terminate the Contract at any time for any reason with immediate effect by notice to the other.
2.2 Where the Carrier cancels a Booking pursuant to clause 2.1 by reason of a breach of these Conditions by the Customer, the Carrier may, without prejudice to any rights or remedies it may have at law or under these Conditions, charge (and the Customer shall pay) a reasonable fee for time and effort incurred by the Carrier in connection with that Booking, up to the full value of the charges specified by the Carrier. The Carrier further reserves the right to hold the Customer liable for missed work opportunities caused by a breach of the Conditions and the cancellation of a Booking pursuant to this clause 2.2.
2.3 In the event of cancellation of any Booking for a Consignment by the Customer, the Customer shall be liable to the Carrier for the Carrier’s charges in full for the carriage of the Consignment. This clause 2.3 shall apply only to cancelled Bookings where the Carrier has collected the Consignment in question.
2.4 Where the Customer cancels a Booking after the Carrier has departed to collect the Consignment (but before collection has taken place), the Carrier may charge (and the Customer shall pay) a reasonable fee for time and effort incurred by the Carrier in connection with that Booking, up to the full value of the charges specified by the Carrier. The Carrier further reserves the right to hold the Customer liable for missed work opportunities caused by the cancellation of a Booking following the Carrier’s departure (but prior to collection).
2.5 Subject to clause 2.6, the Customer has a legal right to cancel any Booking with immediate effect by written notice to the Carrier during a 7 Working Day period beginning the day after the date of the confirmation
2.6 The Customer shall not have a right to cancel the Booking pursuant to clause 2.5 where the Carrier has departed to collect the Consignment, in accordance with the Customer’s request, prior to the expiry of the 7 Working Day period referred to in clause 2.5.
2.7 Where the Customer cancels a Booking pursuant to clause 2.5, the Carrier shall refund to the Customer all sums paid by the Customer to the Carrier in connection with that Booking prior to the date of cancellation as soon as possible and, in any event, within 30 calendar days of cancellation.
3.1 The Carrier shall not be held responsible for any event beyond the reasonable control of the Carrier, which prevents it from performing its obligations under the relevant contract including, but not limited to:
3.2 acts, omissions or misrepresentations by the Customer, owner of the Consignment, Consignee or independent contractor or any failure of the foregoing to package and/or label the Consignment correctly. The Customer acknowledges and agrees that in such circumstances the Carrier shall not be liable for any loss of or damage to the Consignment that arises out of or in connection with a failure to package and/or label it correctly;
3.3 natural deterioration or fragility of the Consignment (notwithstanding that it may be marked “Fragile”); and/or
3.4 any unforeseen circumstances or causes beyond the Carrier’s reasonable control, including but not limited to, act of God, war, riot, malicious damage, compliance with any law or government emergency procedure, accident, fire, flood, storm or industrial dispute, insufficient or improper packing, labelling or addressing, unless it is previously agreed in writing that the Carrier shall perform such task; or
3.5 marine risk.
3.6 The Customer shall provide to the Carrier written proof of the value of the Consignment damaged or lost and the Carrier shall be entitled to inspect the damaged Consignment.
Minimum age is 18
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