AGS-Services

AGS-Services Courier Service Terms & Conditions

AGS-Services accepts goods for carriage subject to these Terms and Conditions ("the Conditions") and each Condition shall be deemed to be incorporated in and to be a condition of any agreement between AGS-Services and the Customer. No agent of or person employed by or under contract with AGS-Services has any authority to alter or vary in any way the Conditions unless he is first expressly authorised in writing by AGS-Services to make the particular alteration or variation

1 Definitions
In the Conditions the following expressions shall have the following meanings:

1.1
"AGS-Services"
 means and (unless the context otherwise requires) includes AGS-Services, its servants or agents and any person or persons carrying goods under any contract with AGS-Services.

1.2
"Customer"
 means any person who contracts for the services of AGS-Services and includes the Customer's servants or agents.

1.3
"Package"
 means an outer container containing either unpacked items or any number of smaller containers.

1.4
"Consignment"
 means one or more Packages collected by AGS-Services from one or more addresses and carried by AGS-Services together (in the case of more than one Package) in one load, in one vehicle from one Customer to one or more addresses.

1.5
"Excluded Goods"
 means

1.5.1 Dangerous goods as defined by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 and dangerous goods as defined in the Classification Packaging and Labelling of Dangerous Substances Regulations (known as the C.P.L. Regulations), and in the classification and labelling of explosives regulations (The Radioactive Substances (Carriage by Road)(Great Britain) Regulations 1974) and including any other relevant legislation or regulations together with any amendments to them, or means goods which present a comparable hazard

1.5.2 Goods which though not included in 1.5.1 above are of a kindred nature

1.5.3 Bills of Exchange, promissory notes, cash, bonds, Treasury notes, bullion, securities for money, stamps, pre-paid phone cards and the like

1.5.4 Livestock/Living Creatures

1.5.5 Any article the possession of which in or the importation of which into any country from through or to which the carriage is to take place is illegal or prohibited

1.5.6 Any written printed or pictorial matter which is obscene blasphemous scandalous or defamatory or proscribed or prohibited

1.5.7 Human or animal blood, tissue, pathology samples and the like, Human remains

1.5.8 Refrigerated goods

1.5.9 Fine Arts, Specie or negotiable instruments

1.5.10 Commercial and Domestic Removals

1.6
“Theft Attractive Goods”
include: Spirits, wines & beers, processed tobacco, computer equipment, Non Ferrous metals, precious metals or stones, perfumes, Audio/Visual equipment, domestic electrical equipment, furs/garments, Mobile Phones and footwear

1.7
"Contract"
shall mean the contract of carriage between the Customer and AGS-Services.

1.8
“Subcontractor”
means any person whose services AGS-Services engages or makes use of to perform the whole or any part of the services the subject of this contract

2 Carrier is not a Common Carrier
AGS-Services is not a common carrier and will accept goods for carriage only subject to the Conditions.

3 Couriers obligations

 3.1 AGS-Services shall use its best endeavours to deliver the Consignment specified to the delivery address so specified at about or before the time so specified

 3.2 AGS-Services shall not be liable for any delay in delivery caused by the unavailability at the delivery address of the consignee or other authorised recipient

 3.3 AGS-Services shall not be liable for loss of or damage to or mis-delivery or delayed delivery of the Consignment occasioned by:

 3.3.1 act of God including but not limited to storm tempest or flood

 3.3.2 act of war hostilities riot or civil commotion or the threat or fear of such conditions prevailing

 3.3.3 criminal malicious or negligent actions or acts or omissions of third parties

 3.3.4 industrial action or unforeseeable traffic conditions

 3.3.5 the effect of ionising radiation or uncontrolled nuclear reaction

 3.3.6 suspension or cancellation of transport services by reason of or of the threat or fear of inclement weather or any of the matters set out in clauses 3.3:1 to 3.3:5 inclusive

 3.3.7 Fire-lighting or explosion

 3.3.8 Seizure under legal process

 3.3.9 Act default or omission of whatever nature of the Customer his employees or agents or any person having any interest in the Consignment

3.3.10 Insufficient or improper packing labelling or addressing

3.3.11 The Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered

3.3.12 Failure or delay in delivery for any reason whatsoever beyond the control of the Carrier.

4 Customers obligations
 Subject to the provisions of this agreement the Customer undertakes:

 4.1 That in relation to the Consignment the Customer is either solely beneficially entitled to the Consignment or has the authority of all those interested in the Consignment to enter into this contract and to bind them to its terms

 4.2 In the event of any claim by any third party against AGS-Services arising out of this contract to indemnify AGS-Services against the claim and all legal and other costs incurred except to the extent that the Customer establishes that AGS-Services would have been liable to the Customer had the original claim been made by the Customer but on the assumption that the Customer had retained title to the Goods

 4.3 To give any instructions requested by AGS-Services in pursuance of clause 3 above as soon as reasonably practicable

 4.4 To make all payments as provided in clause 14 below

5 Limitation of liability

5.1 The liability of AGS-Services in the event of loss of or damage to or mis-delivery of the Consignment (where AGS-Services liability is not otherwise excluded) shall not exceed the declared value of the Consignment specified or otherwise declared by the Customer (and pro rata in the case of an event affecting part only of the Consignment) or the cost of repairing any damage or of reconditioning the Consignment subject always to a maximum liability of £25,000 per Consignment or part thereof in the case of an event affecting part only of the Consignment. Where the Customer requires a higher value of cover this shall be expressly negotiated and agreed in writing. The value of the Consignment actually lost damaged or mis-delivered shall be taken to be their invoice value if they have been purchased by the Customer or otherwise shall be taken to be the replacement cost to the owner at the commencement of transit and in all cases shall be taken to include any Customs and Excise duties or taxes payable in respect of the goods provided always that AGS-Services shall be entitled to proof of value of the Consignment or any part of it.

 5.2 The liability of AGS-Services for delay in delivery (where AGS-Services liability is not otherwise excluded) shall not exceed a sum equal to the carriage charges or a proportion of those charges in the case of an event affecting part only of the Consignment

 5.3 AGS-Services shall not in any event be liable for any consequential loss whatsoever and howsoever arising (including in relation to theft attractive goods) which shall include without limitation all economic losses loss of profits increased management or labour costs loss of future business loss of reputation and goodwill loss of market or falls in prices of whatever nature and all other damages costs or expenses or other indirect losses including any liability to or claims by any third party.

6 Excluded goods

 6.1 The Customer shall not submit for carriage and AGS-Services may at any time abandon the carriage of any Consignment of a type specified in clause 1.5 above

 6.2 If AGS-Services abandons a Consignment in pursuance of clause 6.1 above he shall immediately notify the Customer of the circumstances but shall be under no liability in respect of the safe-keeping of the abandoned Consignment

7 Theft Attractive Goods
Following disclosure by the Customer to AGS-Services either verbally or in writing, AGS-Services will accept to carry Theft Attractive Goods as listed in 1.6 above

8 Warranties and Indemnities
 The Customer shall indemnify AGS-Services in respect of the whole of any fine or penalty or legal and other costs incurred by AGS-Services and any other loss/outlay and expense sustained by AGS-Services by reason of the Customers breach of clauses 3, 4, 6 and 7 above.

 8.1 The extent of AGS-Services responsibilities and liabilities are defined in these conditions and the Customer shall save harmless and keep AGS-Services indemnified from and against all claims/costs and demands of whatsoever nature and by whomsoever made and howsoever arising from negligence or otherwise in excess of the liability of AGS-Services under these Conditions arising directly or indirectly from the collection, carriage, storage and/or delivery of the Customers Consignment.

 8.2 In the absence of written notice to the contrary given to AGS-Services at the time of delivery to them, all goods and the packaging within which they are contained are warranted by the Customer to be fit to be carried and stored.

 8.3 The Customer agrees that he will not submit to AGS-Services any Consignment containing dangerous, verminous, infested, contaminated or condemned goods unless he shall first have given to AGS-Services in writing full details of the same and obtained the written agreement of AGS-Services to the submission of such Consignment.

 8.4 The Customer will be responsible for and will indemnify AGS-Services against all losses damage and claims of whatsoever nature made upon AGS-Services for which AGS-Services may be or become liable arising from the tender of a Consignment all or part of which consists of dangerous, verminous, infested, contaminated or condemned goods including loss and/or damage sustained by AGS-Services to its own property and injuries or loss sustained by servants and/or sub-contractors of AGS-Services.

9 Third Parties

 AGS-Services shall be entitled to appoint sub-contractors and/or agents and it is hereby declared any sub-contractor of AGS-Services and the employees of AGS-Services and any such sub-contractor and also any person deriving title to the goods from the Customer are third parties to this contract within the meaning of the Contracts (Rights of Third Parties) Act 1999 and shall be entitled to enforce this contract accordingly.

10 Transit

 10.1 Transit begins when the goods are handed to or collected by AGS-Services for carriage.

 10.2 Transit shall be suspended:

 10.2.1 When the goods are held by AGS-Services at some place other than the destination at the request of or for the convenience of the Customer or because the Customer or Consignee refuses or is unable to take delivery at the destination or;

 10.2.2 when the goods are detained for Customs purposes; and shall be resumed when AGS-Services resumes the carriage of the goods.

 10.3 Transit shall (unless otherwise previously determined) end:

 10.3.1 in the case of goods to be delivered by AGS-Services when they are tendered at the usual place of delivery within the customary delivery hours of the district, or at such other times or places as may be agreed between AGS-Services and the Customer;

 10.3.2 in the case of goods not to be delivered by AGS-Services awaiting order or collection, at the expiration of one clear day after notice of arrival has been given either orally or in writing to the consignee or, to the sender when the address of the Consignee is not known; provided that when the addresses of both the sender and consignee are not known, the said end shall be at the expiration of one clear day after the arrival of the goods at the place to which they are consigned.

 10.4 AGS-Services shall be entitled to raise a charge in respect of any wasted or needless journeys made or for any delay in attempting to effect delivery of the goods due to any default of the Customer and/or consignee in accordance with its own costing scales.

11 Means of transport

 11.1 Goods accepted by AGS-Services for carriage may be carried by such means of transport and by such route as AGS-Services thinks fit and these conditions shall apply to whatever means or routes by which the goods are carried.

 11.2 Goods carried wholly or partly by water or air or rail shall in connection with liability in respect of such carriage be carried subject to the applicable Conditions of Carriage by water or air or rail of the carrier who carries the goods such conditions to be read as though reference therein to water or air or rail carrier were reference to the Courier. In the absence of proof to the contrary where goods are carried partly by land and partly by water or air or rail any loss damage or delay shall be deemed to have occurred whilst the goods are being carried by road.

12 Loading and unloading

 12.1 On collection or delivery at a Senders or Consignees premises AGS-Services shall be under no obligation to provide any plant, power or labour for loading or unloading.

 12.2 Subject to these Conditions, AGS-Services servants and/or employees have no authority to give assistance other than under supervision in the loading and unloading at the usual place of collection or delivery and AGS-Services shall not be liable for any loss or damage howsoever caused including negligence attributable to such or to any other assistance given and the Customer shall indemnify AGS-Services against any claims made against AGS-Services as a result of any such other assistance given.

 12.3 Consignments or part thereof requiring special appliances for unloading from a road vehicle are accepted for carriage only on the condition that the Customer has duly ascertained from the consignee that such appliances are available at the destination. Where AGS-Services is, without prior arrangement in writing having been made by the Customer, called upon to load or unload Consignments or parts thereof for which special appliances are required, AGS-Services shall be under no liability whatsoever to the Customer for any damage howsoever caused, whether or not by the negligence of AGS-Services, and the Customer shall be responsible for and indemnify AGS-Services against any damage or liability which AGS-Services may suffer or incur either itself or in respect of loss, damage or injury suffered by AGS-Services employees or any third party.

13 Dangerous goods

 13.1 AGS-Services does not contract to carry or store dangerous, verminous, infested, contaminated or condemned goods.

14 Payment

 14.1 The Customer shall pay for the delivery service within 14 days of date of AGS-Services invoice without set-off or deduction or counterclaim

 14.2 In default of payment AGS-Services shall be entitled to charge interest at the rate of 5% above the then prevailing base lending rate of Barclays Bank Plc from the date of invoice

15 Time Limits for Claims

 15.1 AGS-Services shall not be liable for any damage to goods or delay unless it is advised in writing within 7 days of delivery or the date specified for delivery in regard to goods not actually received and a quantified claim is made in writing within 28 days of the occurrence

 15.2 In any event any damaged goods must made available to AGS-Services for inspection

16 Couriers lien
 AGS-Services shall have a general lien against the owner of the Goods for any money due from the Customer or such other owner to AGS-Services and if any such lien is not satisfied within a reasonable time AGS-Services may in its absolute discretion sell all or part of the Goods as agent for the owner and apply the proceeds towards the money due and the expenses of retention insurance and sale of the Goods and shall on accounting to the Customer for any surplus be discharged from all liability whatever in respect of the Goods

17 English Law
The contract and these Terms and Conditions shall be construed and governed by English Law and be with the exclusive jurisdiction of the English Courts.

Issue1    26 April 2014