“£30,000 goods in transit cover as standard”
The Important Part
12.1 The liability of the Carrier for loss of or damage to any Consignment shall be limited to a maximum of £30,000.00 whether such loss or damage was due to the fault or negligence of the Carrier or its servants, agents or employees or otherwise.If the Customer wishes to arrange a higher level of liability in respect of any Consignment, then it should apply to the Carrier who may be able to arrange this at an additional charge to the Customer.
Main Terms of Carriage
10. Liability for Loss and Damage
10.1 The Customer shall be deemed to have elected to accept the terms set out in paragraphs 10.2 and 10.3 below unless, before the transit commences, the Customer has agreed in writing that the Carrier shall not be liable for any loss or misdelivery or damage to the Consignment however or whenever caused and whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier.
10.2 Save where the Customer has made specific arrangements for insurance with the Carrier prior to commencement of transit of the Consignment (as determined in accordance with Clause 7.1), the Carrier shall not be liable for any loss or misdelivery or damage to bullion, money, securities, deeds, bills of exchange, promissory notes, stamps, photographs, documents of title to property, jewellery, precious stones, gold, silver, platinum and other precious metals, non-ferrous metals other than in component form, antiques, watches, furs, drugs, human remains, nuclear fuel or nuclear waste, cassettes, videos, spirits, tobacco (other than raw leaf tobacco) and cigarettes, brittle/fragile/breakable articles or livestock and the Customer shall indemnify and hold harmless the Carrier in respect of any loss or damage caused in respect thereof to any person whatsoever. Any instructions requiring goods to be held on vehicles overnight are accepted at the customers own risk, and it will be assumed that the customer has in place adequate transit cover for goods left in locked vehicles but left unattended. Secure and fully insured warehousing for such goods to be off loaded and re loaded as required is available
at additional cost for valuable or theft attractive loads In addition, the Carrier shall not carry any passengers under any circumstances.
10.3 The Carrier shall not be liable in respect of any loss or misdelivery of or damage to any Consignment if the same has arisen from and the Carrier has used reasonable care to minimise the effects of:
10.3.1 Acts of God;
10.3.2 Any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power of confiscation, requisition or destruction of or damage to property by or under the order of any government or public or local authority;
10.3.3 Seizure or forfeiture under legal process;
10.3.4 Act, omission, misstatement or misrepresentation by the Customer or other owner of the Consignment or by servants or agents of either of them;
10.3.5 Inherent liability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Consignment (notwithstanding that it may be marked “Fragile”);
10.3.6 Insufficient or improper packing;
10.3.7 Insufficient labeling or addressing;
10.3.8 Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
10.3.9 The Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered;
10.3.10 Failure or delay in delivery for any reason whatsoever beyond the control of the Carrier.
10.4 The Carrier shall not in any circumstances be liable for loss or damage to the Consignment after transit of such goods is deemed to have ended within Clause 7 above, whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default, or other wrongdoing on the part of the Carrier.
10.5 We have invested significant time and money in recruiting and training staff and engaging the services of courier subcontractors. If you engage (or arrange to engage on behalf of anyone else) any of our employees or subcontractors within 3 months of them leaving us, you will accept a charge from us equal to the last 3 months gross earnings of that person whilst engaged by us. We both agree that this is a fair estimate of our costs of replacing that person.
Storage of Consignments
10.7 For any Consignments stored by the Carrier at its premises, the total liability of the Carrier for any loss of or damage to such Consignment shall not exceed the sum insured for the transit of said consignment, unless the declared value of the Consignment exceeds such sum and the Carrier has subsequently agreed in writing to a higher limitation on its liability.
The Carrier shall not in any circumstances be liable in respect of a Consignment where there has been fraud on the part of the Customer or the owner of the Consignment or any part thereof or the servants or agents of either of them in respect of that Consignment, unless the fraud has been contributed to by the complicity of the Carrier or of any servant of the Carrier acting in the course of his employment.
12. Limitation of Liability
12.1 The liability of the Carrier for loss of or damage to any Consignment shall be limited to a maximum of £30,000.00 whether such loss or damage was due to the fault or negligence of the Carrier or its servants, agents or employees or otherwise. If the Customer wishes to arrange a higher level of liability in respect of any Consignment, then it should apply to the Carrier who may be able to arrange this at an additional charge to the Customer.
12.2 Where large consignments are shipped using vehicles in excess of 3500 kg gross vehicle weight, operators of such vehicles often trade under RHA, CMR or BIFA terms, which can reduce the value of insurance by using weight as a measure. If you require full value insurance on large shipments please make us aware so we can ensure an Atlas Courier Express operated vehicle is used or alternatively ensure any subcontractor has sufficient cover. This also applies to smaller vehicles when carrying consignments to other countries where standard cover is CMR.
12.3 Where the misdelivery, loss or damage howsoever sustained is in respect of a part only of the Consignment, the Carrier’s liability shall be limited to the actual value of that part of the Consignment or where such can not be readily ascertained a sum representing the proportion which the part of the Consignment misdelivered, lost or damaged represents of the total Consignment based on the open market value of the total Consignment.
12.4 The Carrier shall not in any circumstances be liable for any indirect loss or damage or for loss of profit or for loss of a particular market whether held daily or at intervals.
12.5 The Carrier shall be entitled to receive written proof of the value of the Consignment damaged or lost and shall be afforded by the Customer a reasonable opportunity to inspect the Consignment when delivery has been effected to the Consignee.
12.6 The Carrier shall only be liable for loss or damage occurring within the geographical limits of Great Britain. For journeys outside these limits, liability shall be restricted to the amount of cover provided by the international agent or carrier chosen at the Carrier’s absolute discretion.
13. Time Limits for Claims
13.1 The Carrier shall not be liable for:
13.1.1 Loss of a parcel, package, or container or from an unpacked Consignment or for damage to a Consignment or any part of a Consignment unless it is advised thereof in writing otherwise than upon a consignment note or delivery document within 3 days and the claim giving details of quantum and the circumstances of any loss is made in writing within 7 days after the termination of transit as determined above;
13.1.2 Loss or misdelivery or non-delivery of the whole of the Consignment or any separate parcel, package or container forming part of a Consignment unless the Carrier is advised of the loss, misdelivery or non-delivery in writing, otherwise than upon a consignment note or a delivery document within 14 days and the claim giving details of quantum and the circumstances of any loss is made in writing within 21 days after the commencement of transit as determined above.
14. Indemnity to the Carrier
14.1 The Customer shall indemnify the Carrier against:
14.1.1 All consequences suffered by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) of any error, omission, misstatement or misrepresentation by the Customer or other owner of the Consignment or by any servant or agent of either of them, insufficient or improper packaging, labeling or addressing of the Consignment or fraud;
14.1.2 All claims and demands whatsoever by whomsoever made in excess of the liability of the Carrier under these Terms and Conditions;
14.1.3 All losses suffered by and claims made against the Carrier resulting from loss of or damage to property caused by or arising out of the carriage by the Carrier of Dangerous Goods whether or not declared by the Customer as such;
14.1.4 All claims made upon the Carrier by H M Customs & Excise in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended.