Mail Boxes Etc. Parcel Shipping Order Terms and Conditions of Carriage Version 1.7
(valid from May 2018)
1.
The
Mail Boxes Etc. Franchise ("the Company") acting as forwarding agent
for the Customer requesting and paying for the service ("the
Customer") will receive from the Customer the goods to be carried
("the Goods") and arrange for their carriage by an appropriate
carrier ("the Carrier").
2.
i) This
agreement supersedes all previous agreements, arrangements and undertakings
between the parties and constitutes the whole agreement between the Customer
and the Company. These Terms and Conditions shall prevail notwithstanding any
conflict with the terms and conditions in any order or contract submitted by
the Customer in respect of any other services provided by the Company.
ii) Any personal information shared by the Customer with the Company, including that of the consignee, is retained under the Company's Privacy Notice and Policy.
3.
The
Customer acknowledges that the carriage of the Goods will be on the standard
terms and conditions of the Carrier and that any Enhanced Cover provided will
be on the standard terms and conditions of the provider. Copies of all terms
and conditions are available from the Company on request.
4.
For
each parcel the Customer shall provide a full and accurate postal address,
including the postcode, and contact telephone number and where appropriate VAT
number of both the consignee and the sender. The Customer shall provide a
commercial/pro forma invoice if required and will retain copies of both these
and a Parcel Shipping Order as these will be required to support any claim.
5.
The
Company’s liability is limited to the level stipulated in the Carrier’s current
terms and conditions or, if greater, the value of the Goods declared by the
Customer ("The Value"), subject to the payment of the Enhanced Cover
compensation fee as specified on the Parcel Shipping Order. No compensation is
payable for consequential loss unless specifically requested, defined, agreed
and paid for under Enhanced Cover.
5a. Prior to shipping, the Company’s
liability for any loss or damage to the Goods, collected by or on behalf of the
Company, in transit to the Company’s premises, or held in trust for the
Customer at the Company’s premises will not exceed £2,500 for any item (subject
to an overall limit of £10,000 for any consignment) or, if greater, the
value of the Goods declared by the Customer ("The Value"), subject to
the payment of the Enhanced Cover compensation fee as specified on the Parcel
Shipping Order.
6.
The
Company on payment of the relevant Packaging Material and Packaging Labour
charges will pack the Goods to the standard required by the Carrier.
Compensation up to a maximum of £75 per consignment will be payable for loss or
damage to a parcel packaged by the Company except where the Customer has paid
an additional fee for Enhanced Cover.
7.
The
Goods will not contain any substance that is dangerous or illegal. A list of
dangerous goods and other prohibited items is available from the Company. The
carriage of the Goods is subject to the acceptance of the Goods by the Carrier.
If the Carrier does not accept the Goods for carriage, the Company will hold
the Goods and notify the Customer. In this instance, payment will not be
refunded and any additional consequential packaging and shipping charges will
be payable by the Customer.
8.
The
Customer acknowledges that the Carrier's packaging standards for pressure,
shock, vibration, temperature and compression have been explained by the
Company and that the Customer accepts that neither the Company nor the Carrier
will be liable for any damage claimed to any Goods packed by the Customer. In
this instance the carriage of the Goods packaged by the Customer is at the
Customer's own risk.
9.
The
Company acts as an agent for the Customer and accordingly is not liable for any
acts or omissions by the Carrier, including but not limited to any liabilities,
costs, claims, demands or expenses arising from:
i.
any
loss or damage to the Goods
ii.
any
failure or delay to delivery or misdelivery of the Goods and in this respect
the Customer accepts that any statement made by the Company as to probable date
of delivery of the Goods by the Carrier is merely a statement of opinion by the
Company and not a representation on behalf of the Carrier.
10.
The
Company or the Carrier may, at it’s option, or upon the request of the
competent authorities, open and inspect any shipment at any time, and shall
incur no liability of any kind therefore.
11.
All
complaints relating to the carriage of the Goods must be notified to the
Company immediately upon receipt and addressed in writing to the Company no
later than 14 days of the date of shipment as shown on the Parcel Shipping
Order. The Company will make all reasonable efforts to process and resolve
complaints with the Carrier but accepts no responsibility for their
satisfaction. The Customer accepts that no claim relating to Goods damaged on
arrival at their destination will be satisfied without an inspection by the
Carrier's local agent of the damaged parcel(s) and packing.
12.
Duty
and taxes are controlled by the country of destination and are subject to
change without notice. The Company cannot predetermine the amount of duty and
tax for a given shipment. Duty and Taxes as well as other charges including,
but not limited to, customs penalties, storage costs, or other expenses
incurred as a result of an action by customs or failure by the Customer or the
consignee to provide proper documentation or to obtain a required license or
permit, will be charged to the consignee. The Customer, however, is liable for
payment in the event of non-payment by the consignee. Packages refused by the
consignee, or which for any other reason cannot be delivered, will be either
abandoned or returned to the Customer at the Customer's cost, and in the event,
the Customer is liable for all shipping and other applicable charges specified,
including any duties and taxes if levied.
13.
Shipments
are delivered to the consignee’s address. There is no obligation to deliver a
shipment to the consignee personally. The Company may deliver to someone other
than the person named on the Air Waybill.
14. Where the Company has accepted, or collected the Goods for shipment on behalf of the Customer and payment is not received and/or no shipping instructions are provided, the Goods will be held for up to 7 days without further charge. Following this period, a storage fee may be levied. If instructions and payment are not received within a further 56 days, the Company may dispose of the Goods, and make any payment received to the Customer, net of all fees payable and expenses incurred. During this period goods are stored at the Customer's risk.
15.
It
is the responsibility of the Customer to inform the Company if a licence or
permit is required for transportation, importation or exportation.
Standard Terms and Conditions of Carriage relating to Compensation and Enhanced
Cover
16.
The
declared value for Enhanced Cover should represent the total actual value of
the item covered including all shipping and packaging charges. Where a lower
value of cover is declared and paid for, the maximum settlement in the event of
a claim will be the cost of the loss or damage, proportioned down to the extent
that the value has been understated.
17.
The
Company shall not be liable (whether for payment of compensation or refunds or
otherwise) for failure to perform, or delay in performance of any of its
obligations under these Conditions to the extent that such delay or failure
results from circumstances outside its control, including without limitation
any adverse weather conditions, traffic congestion, mechanical breakdown,
obstruction of public or private highway or from any civil or industrial action
whatsoever.
18.
The
Company shall not be liable in respect of any parcel where any person has been
fraudulent or dishonest in any way in respect of that parcel or misrepresents
his/her authority to receive a parcel on the consignee's or the Customer's
behalf.
19.
The
Company shall not be liable to pay compensation for loss of, or damage to a
parcel:
i.
due
to latent or inherent defect, vice or natural deterioration of items;
ii.
containing
Goods covered by specific exclusions;
iii.
containing
tickets, (including without limitation airline tickets, tickets for any mode of
transportation, or coupons which are exchangeable for goods or services).
20.
Any
compensation payable under these Conditions for loss of or damage to any
collectable shall be limited to the actual value as confirmed by satisfactory
written or printed evidence. Such compensation will not exceed the value
declared by the Customer and carries an absolute limit of £25,000 per
consignment. The Customer will be required to prove value.
21.
The
Company shall not be liable to pay any refund or compensation in respect of a
parcel containing restricted or prohibited goods, a list of which is available
from the Company upon request, or otherwise despatched in contravention of any
relevant provision in these conditions.
22.
The
Company shall not be liable to pay any refund or compensation in respect of a
parcel which is damaged or delayed as a result of being inadequately packaged
by the Customer, incorrectly or partially addressed, or accompanied by
incomplete posting or customs documentation.
23.
The
Company shall not be liable for any damage arising out of changes in
temperature or pressure where the Goods have been packaged by the Customer.
24.
In
accordance with applicable regulations in various jurisdictions the Company or
the Carrier is required to undertake X-ray screening. The Company or the
Carrier may undertake such screening and the Customer and consignee hereby
waive any possible claims for damages as a result of screening.
25.
The
Company shall not be liable in any circumstances for any claim which relates to
seizure or detention of the Goods in the course of transit by customs or other
government authorities.
26.
In
relation to electronic items sent by the Customer, the Company shall not be
liable for any mechanical or electrical fault if there is no evidence that the
Goods have been physically damaged by the Carrier during transit. For
electronic items compensation will only cover material damage which may be
caused to the Goods in transit.
27. All claims for compensation must be
made on a fully completed Mail Boxes Etc. claim form, which must be
received by the Company within 14 days of despatch.
28.
The
Company will require the Customer to substantiate a claim by providing any
relevant information about the parcel. This includes proof of despatch, proof
of value, at least 3 estimates for repair costs, cost price, invoices, weight
and nature of the item(s) lost or damaged. In the case of damage the Customer
will provide photographs of the parcel and any items damaged as well as retain
the parcel and its packaging for inspection.
29.
The
Company may make such investigations as it deems necessary to satisfy itself of
the validity of any claim.
30.
Where
a compensation payment is claimed for damage, the Company may, at its sole
discretion, choose to (i) pay the cost of repair and any associated loss of
value suffered by the Customer; or (ii) arrange for repairs to be made at its
expense and compensate the Customer only for any associated loss of value; or
(iii) pay the full value declared for the damaged item, and take title to the
item, in which case the Customer will ensure the careful return of the item to
the Company at the Company's expense.
Specific Exclusions
- Dangerous and Prohibited Goods (as classified below)
- Money (cash - except numismatic/collectable coins and notes, stamps - except philatelic items and negotiable instruments equivalent to cash such as endorsed stocks, bonds, letters of credit and banker’s drafts)
- Shipments to PO Box addresses or their equivalent
- Cash on delivery shipments
- Foodstuffs and beverages requiring refrigeration or other environmental control
- Lottery or other gambling tickets or receipts
- Perishables
Prohibited Goods
- Shipments requiring any special licence or permit for transportation, importation or exportation, except where the Customer provides the appropriate licence and subject to the Terms and Conditions of the Carrier
- Shipments the possession, carriage, importation or exportation of which is prohibited by any law, statute or regulation in the UK, Republic of Ireland or the country of destination
- Packages that are wet, including wet ice, leaking, or emit an odour of any kind
- Live animals and insects, household pets and live fish
- Human corpses, organs or body parts, disinterred human remains, except blood, urine, other liquid diagnostic specimens or cremated human remains
- Firearms, weaponry, ammunition and their parts
- Drugs, including prescription drugs
Dangerous (Hazardous) Goods
- Class One: Explosives
- Class Two: Gases compressed, liquefied or dissolved under pressure
- Class Three: Flammable liquids
- Class Four: Flammable solids
- Class Five: Oxidising substances and organic peroxides
- Class Six: Toxic and infectious substances
- Class Seven: Radioactive material
- Class Eight: Corrosives
- Class Nine: Miscellaneous dangerous goods
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