TERMS AND CONDITIONS
This agreement applies as between you, the User of this Web Site and ITS Couriers, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
means The ITS Couriers, Studio 2000, 5 Elstree Way, Borehamwood WD6 1SF
means collectively any online facilities, tools, services or information that ITS Couriers makes available through the Web Site either now or in the future;
means any online communications infrastructure that ITS Couriers makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Web Site and is not employed by ITS Couriers and acting in the course of their employment; and
means the website that you are currently using (www.itscouriers.com) and any sub-domains of this site (e.g. http://subdomain.itscouriers.com) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ITS Couriers, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by ITS Couriers.
3. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of ITS Couriers or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.itscouriers.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of ITS Couriers. To find out more please contact us by email at email@example.com or by telephone on 0845 226 9397.
6.1 ITS Couriers makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
7. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
ITS Couriers accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, ITS Couriers accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
8.2 Nothing in these terms and conditions excludes or restricts ITS Couriers’s liability for death or personal injury resulting from any negligence or fraud on the part of ITS Couriers.
8.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
12. Law and Jurisdiction
These terms and conditions and the relationship between you and ITS Couriers shall be governed by and construed in accordance with the Law of England and Wales and ITS Couriers and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales .
STANDARD TRADING CONDITIONS
Any business undertaken, including any advise, information or service provide, whether or not for payment by International Timed Services Ltd, (ITS) is transacted subject to these conditions, each of which shall be deemed to be incorporated in and to be a condition of any agreement whether written, oral or implied between ITS and the shipper, ITS shall not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed by a director of ITS.
ITS is not a common carrier and reserves the right to refuse the transportation of any goods or documents for any person, firm or company at it’s discretion.
If any legislation is compulsorily applicable to any business undertaken by ITS, these conditions shall as regards such business be read as subject to such legislation and nothing in these conditions shall be constructed as a surrender by ITS of any rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if any part of these conditions be repugnant to such legislation to any extent such part shall as regards such business be void to that extent but no further.
ITS will only enter into transaction with a shipper who is the owner or authorised agent of the owner of any goods or documents to which the transaction relates. The shipper warrants that it is authorised to accept and is accepting these conditions not only on behalf of itself but also as agents for and on behalf of all persons who are or may therefore become interested in the goods or documents.
ITS undertakes, subject to payment of ITS’s charges in accordance with rates notified to the customer from time to time, to transport the shippers goods and/or documents between destinations agreed between ITS and the shipper. Any business accepted by ITS may in it’s absolute discretion be performed in whole or in part by its agents or subcontractors of such terms and conditions as such agents or subcontractors may stipulate. ITS reserves to itself absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of the shipper’s goods or documents, including the right to transport the shippers goods or documents on owner’s risk terms.
Prior to transportation the shipper shall complete and sign an ITS standard form forwarding airbill (“Airbill”) in respect of each shipment of goods or documents excepted or picked up by ITS from one location for shipment to one address.
The shipper warrants that all goods or documents consigned with ITS are fit to be transported in the condition in which they are handled to ITS.
The shipper shall be responsible for packing and addressing goods or documents and warrants that they have been properly and sufficiently packed and addressed. Without prejudice to the generality of the foregoing ITS reserves the right to refuse to transport goods or documents which, in its sole opinion, are insufficiently or improperly packed or addressed.
ITS reserves the right to inspect goods or documents accepted for transportation to ensure that all such goods or documents are capable of transportation to the country of destination within the standard operating procedures, customs declarations and handling methods of ITS. In making the reservation ITS does not warrant that any particular item to be transported is capable of transportation without infringing the law of any country or state form, to or through which the item can be carried.
The shipper shall be liable for any duties, taxes, imposts, levies, deposits or outlays of any kind levied by the authorities at any point at any place for or in connection with the goods or documents and for any payment fines, expenses loss or damage whatsoever incurred or sub stained by ITS in connection therewith.
The shipper shall be bound by any warrants the accuracy of the descriptions, values and particulars furnished to ITS for customs, consular and other purposes and it undertakes to indemnify ITS against all losses, damages, expenses, and fines whatsoever arising from any inaccuracy or omission is not due to any negligence on the part of the shipper, its servants or agents.
When goods or documents are accepted or dealt with upon instructions to collect freight, duties, charges, or other expenses from the consignee or any other person, the shipper shall remain responsible for the same if they are not paid by such consignee or other person immediately when due.
ITS can arrange to insure the shipment at extra cost against specified risks if it receives a specific request in writing a reasonable time before transportation commences.
ITS will not make any declarations or purpose of any statute, convention or contract as to the nature or value of any goods or as to any special interest in delivery.
If in the opinion of ITS any goods or documents cannot be delivered because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee on the agreed delivery date or for any other reason than. In the case of perishable goods ITS may forthwith sell or dispose of them without notice to the shipper. (b) In the case of non – perishable goods and documents ITS may after giving 21 days written notice to the shipper of intention to do so, sell or dispose of them and all charges and expenses arising in connection with the storage sale or disposable of such goods or documents shall be paid by the shipper and any proceeds of sale after deduction of all such charges and expenses shall be paid to the shipper.
ITS will not transport any noxious, dangerous, hazardous inflammable or explosive goods or any likely to cause damage (including goods likely to harbour or encourage vermin or other pests), bullion coins, currency, stamps, negotiable instruments, securities in barer form, precious stone, metals, jewellery, antiques, works of art, livestock, plants or other valuable. Should any shipper nevertheless delivery any such goods to ITS or cause ITS to handle or deal with such goods, ITS shall be under no liability to the shipper in respect of such goods and the shipper shall be liable for and indemnity ITS against all penalties, claims, damages and expenses whatsoever arising in connection therewith and ITS may deal with them as in its sole discretion sees fit.
Payments of all sums due to ITS shall be made within 30 days of delivery of an invoice to the shipper and in default of payment ITS reserves the right to charge interest on the amount outstanding at the rate of 8% per month. All sums shall be paid to ITS in cash when due without deduction and payment shall not be withheld or deferred on account of any claim, counter claim or set off.
Any goods or documents accepted by ITS for transportation shall be subject to a particular lien or moneys due to it for the carriage of and other proper charges or expenses in connection with such goods or documents, and to a general lien for any monies due from the shipper, or owner to ITS. If any lien is not satisfied within one calendar month after notice of the exercise of the lien has been given to the person from whom the monies are due the goods or documents may be sold by auction or otherwise at the sole discretion of ITS and at the expense of such person. The net proceeds of such sale shall be applied in or towards the satisfaction of such lien and payment of all proper charges and expenses arising in connection with such sale; any surplus proceeds such sale shall be paid to the shipper.
(a) Subject to these conditions ITS shall only be liable for any loss of or damage to goods or documents or for any non–delivery or miss-delivery thereof (hereinafter in the sub-conditions called “loss”) whilst such goods or documents were in the actual custody of control of ITS and provided such Loss was due to the negligence of ITS it’s servants or agents Its shall be liable for such Loss to the extent of any sum recovered by ITS from any third party in respect of such loss to the extent of any sum recovered by ITS from any third party in respect of such loss subject of any deduction of any costs un-recovered in the proceeding but ITS shall be under no obligation to take any action against any third party. (b) Whilst ITS will endeavour to deliver goods or documents in accordance with any agreed time schedule, ITS will not, under any circumstances, be liable for delay in pick up or delay in transportation of any shipment regardless of the cause of such delay. (c) Save as aforesaid ITS shall be under no liability however arising in respect of or in connection with any goods, documents, instructions, business, advice, information, service or otherwise and in particular shall not be liable for consequential Loss or any other Loss whatsoever howsoever the same shall arise whether or not ITS had knowledge that such damages might be incurred, including but not limited to, Loss of income, profits, interest, utility or Loss of any particular market.
Subject to the limitations of liability set out in condition 19, the liability of ITS for any one shipment in respect of which a claim is made shall not exceed the lesser of:
(a) AN AMOUNT OF US $100 (ONE HUNDERED US DOLLAS) PER SHIPMENT OR
(b) The amount of any loss or damage to the shipment actually sub-stained
(c) In the case of any documents, the actual value as ascertained by reference its cost of preparation, replacement, reconstruction, or reconstruction value at the time or place of shipment or.
(d) In the case of goods, the declared value on the airbill.
21. (a) Any claim bought by a shipper against ITS in respect of any liability under these conditions must be notified by the shipper to ITS in writing within 28 days of the date when the goods or documents should have reached their destination. No claims may be against ITS outside this time limit.
(b) Notwithstanding any of the foregoing no claim for Loss or damage will be entertained on any shipment until all transportation charges thereon have been paid. The amount of a claim may not be deducted from any charges owed ITS and the shipper hereby waives any and all rights including any statutory or common law rights to set off the amount of any such claim against transportation charges owed to ITS. The shipper shall be liable for all losses, damages, expenses and fines arising as a result of it’s failure to comply with its obligations under these conditions or as a result of its negligence and shall indemnify ITS against all losses, damages, expenses and fines whatsoever whether direct or consequential arising from such failure or negligence. If ITS agrees in writing to carry out specific instructions relating to goods or documents the shipper shall indemnify ITS against all losses, damages, expenses and fines whatsoever whether direct or consequential and however arising from or in connection with such instructions.
22. All agreements between ITS and its shippers shall be governed by English law and the shipper hereby irrevocably submits to the jurisdictions of High Court Justice in England