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Term & Conditions......

CONDITIONS OF CARRIAGE - DOMESTIC

IMPORTANT NOTICE

THIS NOTICE APPLIES TO CONSUMER CUSTOMERS ONLY
1.You are a Consumer Customer if you are an individual (not a firm or company) and you are acting for purposes not related to your trade, business or profession.
2.It is important that you read this notice and these conditions carefully as they contain limitations on the Carrier’s liability to you (see Clauses 16 and 17) and set out what you must do if you need to make a claim against the Carrier (see Clause 18).
3.These conditions shall apply to all contracts and if there are any qualifications or variations to these conditions agreed between you and the Carrier it is important for the avoidance of doubt that such variations should be in writing and a form is available from the Carrier for this purpose.
4.If you consider that the limit on the Carrier’s liability under Clause 17.1 is too low (due to the value of your goods or any loss you may incur as a result of delay or non-delivery), you should consider requesting additional cover from the Carrier under Clause 17.2 or taking out other insurance cover.
5.If you are unsure whether your goods are Dangerous Goods (as defined in Clause 1), you should ask the Carrier’s staff or representative, as special conditions will apply under Clause 8(iv) and (v).
6.The money back guarantee does not apply where delivery is delayed by factors beyond the Carrier’s control.

CONDITIONS OF CARRIAGE
AMTRAK EXPRESS PARCELS LIMITED (hereinafter referred to as “the Carrier”) accepts goods for carriage upon the terms and subject to the conditions set out below (hereinafter referred to as “these conditions”).
For Business Customers only, unless previously agreed in writing by an officer of the Carrier who has express authority to do so:
(1)no verbal, written or other addition, amendment, variation hereto or hereof, shall be effective;
(2)these conditions supersede any other terms and conditions appearing elsewhere and shall prevail over and exclude any terms or conditions stipulated or incorporated or referred to by the Customer or his agents or any third party; and
(3)it shall be a pre-condition of the Carrier’s acceptance of goods for carriage that the same is subject to these conditions in all respects.

1.DEFINITIONS In these conditions the following expressions shall have the meaning hereby respectively assigned to them, that is to say:
“Business Customer” shall mean customers other than Consumer Customers
“Consumer Customer” shall mean a customer who is an individual (not a firm or company) and who is acting for purposes not related to his/her trade, business or profession “Customer” shall mean a Business Customer or a Consumer Customer
“Consignment” shall mean goods in bulk or contained in one parcel or package or in any number of separate parcels or packages, in all cases sent at one time in one load from one address to one address
“Dangerous Goods” shall mean goods which are specified in the Carriage of Dangerous Goods by Road or Rail (Classification, Packaging and Labeling) Regulations 1994 or the Technical Instructions for the Safe Transport of Dangerous Goods by Air of the International Civil Aviation Organisation or which although not specified therein are of a similar nature. “Contract” shall mean the contract of carriage between the Customer and the Carrier “Carrier” shall, where the context so admits, include the Carrier’s officers, servants or agents and also any other carrier or sub-contracting party whom the Carrier is authorised and permitted to use or engage under these conditions

2.CARRIER IS NOT A COMMON CARRIER
The Carrier is not a common carrier and will only accept goods for carriage on these conditions.

3.PARTIES AND SUBCONTRACTING
3.1 Where the Customer is not the owner of some or all of the goods in any particular Consignment, the Customer hereby warrants that it is for all purposes the lawful and duly authorised agent of the owner or owners thereof and that it hereby accepts these conditions for itself and for and on behalf of any other person having any interest in the Consignment.
3.2 The Carrier may employ and engage the services of any carrier for the purposes of fulfilling the contract (including any of the Carrier’s own franchisees) and any such other carrier shall have the like power to sub-contract under these conditions.
3.3 The Carrier enters into the contract for and on behalf of itself and its officers, servants, agents and sub-contractors all of whom shall be fully entitled to the benefits of the contract (including any limitation or exclusion of liability) and shall be under no liability whatsoever to the Customer or anyone claiming through it in respect of a Consignment in addition to or separately from that of the Carrier under the contract (except for death or injury caused by their negligence).

4.CARRIER’S CHARGES
4.1 The Carrier shall not accept any Consignment under a contract of carriage unless either the Customer has opened an account with the Carrier and is not in breach of any of the conditions or credit limits applicable thereto or the Consignment is a cash transaction. For cash transactions, payment will be required by the Carrier on collection or acceptance of the Consignment unless otherwise agreed in writing. If the Customer has opened an account with the Carrier, the Carrier shall submit invoices to the Customer weekly or as otherwise agreed and the Customer shall be obliged to settle such invoices not later than the (fourteenth day of the calendar month following that in which the invoice was first issued).
4.2 The Carrier reserves the right to charge interest at the rate of 2% per month on invoices not paid within the payment terms. Interest will continue to accrue until the Customer’s liability is discharged in full.
4.3 The Carrier’s charges for carriage (and services incidental thereto) shall be payable by the Customer without prejudice to the Carrier’s rights against the consignee or any other person. The Carrier shall only accept Consignments chargeable to the consignee by prior written arrangement in which event the Customer shall not be required to pay such charges unless the consignee fails to pay after a reasonable demand has been made by the Carrier for payment thereof.
4.4 Unless otherwise agreed in writing by the Carrier, all Consignments are charged at their actual gross weight unless a Consignment exceeds 6 cubic metres per tonne (6,000 cubic centimetres per kilo) in which case the Carrier may calculate the charge on the basis of 6 cubic metres per tonne (6,000 cubic centimetres per kilo).
4.5 No Business Customer shall be entitled to defer or withhold payment of any money due or liabilities incurred to the Carrier by reason of having any claim or counterclaim or any alleged claim or counterclaim and the Customer shall not under any circumstances be entitled to any rights of set-off in relation thereto.
4.6 A Consumer Customer may set off against any amounts due to the Carrier such amount as fairly reflects any genuine claim against the Carrier for breach of this contract.
4.7 The absence of, or any discrepancy in, a signed delivery note shall not entitle a Business Customer to defer or withhold payment of monies due or liabilities incurred to the Carrier.
4.8 The Carrier shall have a first specific lien on the Consignment for all the Carrier’s charges referred to hereunder and shall have the same rights of sale in relation thereto as are set out under Condition 19 below.
4.9 Charges are based on existing costs of materials, rates, wages and other expenses payable by the Carrier. If such costs vary as a result of changes in legislation or economic factors outside the Carrier’s control, the Carrier reserves the right to vary the charge for Business Customers immediately in accordance with such change. In all other cases, the Carrier may vary the charge by giving at least one month’s notice in writing to the Customer at any time.

5.VALUE ADDED TAX
All charges exclude Value Added Tax. The Customer will indemnify the Carrier against any liability arising under section 16 (9) of the Value Added Tax Act 1983 or any statutory modification or re-enactment thereof in respect of a failure to export zero rated goods or to comply with any condition in relation to zero rated goods intended to be exported.

6.VARIATION OF TERMS
The price at which the Carrier has agreed to deliver or procure the delivery of the Consignment is based on:-
6.1 the warranties and indemnities given and accepted on the part of the Customer herein;
6.2 the Carrier’s cost of maintaining insurance cover against the liabilities of its part assumed hereunder; and
6.3 the exclusions, limitations and restrictions of and on the Carrier’s liability hereunder. The Carrier is prepared to negotiate a difference price if the Customer requires any variation or amendment to these conditions.

7.MONEY BACK GUARANTEE
7.1 Where the Customer has paid a surcharge for Saturday delivery or for overnight timed delivery and the Carrier fails to deliver on Saturday or by the specified time, as the case may be, then the Customer shall be entitled to a refund of the difference between the total paid and the greater of the Carrier’s standard delivery charge or the delivery charge for the service actually achieved.
7.2 The money back guarantee provided for hereunder shall not apply where the Carrier’s failure to deliver on Saturday or by the specified time period, as the case may be, is caused by factors beyond its control as the same are specified in Condition 16 below, or by exercise of its right of lien and/or sale as specified in Condition 19 below.

8.PACKAGING, LABELING, SIZE AND DANGEROUS GOODS
8.1 The Customer warrants that each article comprised in the Consignment has been properly described to the Carrier and that the Consignment itself has been properly marked, addressed and packaged so as to ensure at all times safe storage and transportation with ordinary care and handling.
8.2 Every Consignment shall be addressed and labeled using the Carrier’s labels in accordance with the Carrier’s requirements and shall be accompanied by the Carrier’s Consignment note containing such particulars as the Carrier may reasonably request.
8.3 Unless otherwise agreed in writing by the Carrier no individual parcel or package may exceed 35kgs (77 pounds) in weight and/or 1.5 metres (60 inches) in length and/or 2 metres (78 inches) combined length plus width plus depth.
8.4 The Customer shall not offer Dangerous Goods for carriage except with the express prior written consent of the Carrier. If the Carrier agrees to accept Dangerous Goods for carriage such goods must be accompanied by a full declaration of their nature and contents and be properly and safely packed in accordance with any statutory regulations for the time being in force in relation to all such goods and/or their transportation.
8.5 The Customer shall indemnify the Carrier against all costs, losses, damages, expenses or other liability whatsoever arising out of the carriage of any Dangerous Goods (whether declared as such or not) save insofar as the same arise out of the Carrier’s own negligence.

9.RECEIPTS FOR CONSIGNMENTS
The Carrier shall, if so required by a Business Customer, sign a document prepared by the Customer acknowledging receipt of the Consignment but no such document shall be evidence of the condition or of the correctness of the declared nature, quantity or weight of the Consignment at the time it is received by the Carrier.

10.LOADING AND UNLOADING
10.1 When collection or delivery does not take place at the Carrier’s own premises, the Carrier shall not be under any obligation whatsoever to provide plant, power or labour which, in addition to the Carrier’s own driver, is required for loading and unloading. Any such plant, power or labour shall be provided at the sole risk and cost of the Customer who shall indemnify and keep the Carrier fully indemnified against all losses, liabilities, costs, damages, expenses, claims or actions suffered or incurred by the Carrier in respect of the provision or use of the same or any other matters relating thereto.
10.2 Goods requiring special appliances for unloading are accepted for carriage only on condition that the Customer has duly ascertained from the consignee that such appliances are available at the specified place of delivery.

11.UNREASONABLE DETENTION
The Customer shall be liable to the Carrier for all costs, damages or expenses suffered by the Carrier in respect of unreasonable, abnormal or unusual detention of the Carrier’s vehicles, containers and other things which arise as a result of the nature, state, or packaging of the Consignment or any part thereof. In addition, time spent at either the point of collection or point of delivery of the Consignment in excess of one quarter of an hour shall, at the discretion of the Carrier, be subject to additional charge calculated at the Carrier’s hourly rate levied for the operation of the particular vehicle, container, or other thing involved.

12.ROUTE
Unless otherwise agreed in writing, the method and route of transit shall be at the absolute and sole discretion of the Carrier.

13.TRANSIT
13.1 Transit shall commence when the Consignment is handed to the Carrier whether at the point of collection or (as the case may be) at the Carrier’s premises.
13.2 Transit shall (unless otherwise previously terminated) end when the Consignment is tendered at the specified place of delivery within the customer delivery hours in the district concerned or at such other times as may be agreed between the Carrier and the Customer provided that:
13.2.1 if no safe and adequate access or no adequate unloading facilities there exist, then transit shall be deemed to end at the expiry of one clear day after notice in writing (or by telephone if so previously agreed in writing) of the arrival of the Consignment at the Carrier’s premises in the relevant district has been sent to the consignee; and
13.2.2 where for any other reason whatsoever a Consignment cannot be delivered when a Consignment is held by the Carrier to await order or “to be kept till called for” or upon any like instructions and such instructions are not given or the Consignment is not called for then transit shall be deemed to end at the expiry of one clear day after notice in writing (or by telephone if so previously agreed in writing) of such fact has been sent to the consignee.

14.UNDELIVERED OR UNCLAIMED ITEMS
After termination of transit, unless otherwise agreed in writing, the Carrier will hold the Consignment as warehousemen subject to it normal warehousing charges and conditions prevailing at the time and subject always to the Carrier’s right of sale and lien provided for in Condition 4 and Condition 19 hereof.

15.COMPUTATION OF TIME
Where any period of seven days or less provided by these conditions is computed, there shall be ignored any Sunday or Bank, or Public or other statutory holiday.

16. LIABILITY OF CARRIER
16.1 Any delivery time and date given by or on behalf of the Carrier shall be an estimated time only. The Carrier shall use reasonable care to comply with such estimates
16.2 Time is not of the essence and shall not be binding upon the Carrier subject to condition 7.1
16.3 The Carrier shall not be under any liability whatsoever, for any delay in delivery time or date of any Consignment where the Carrier’s failure to deliver by the estimated time and date, as the case may be, is caused by factors beyond its control as the same are specified below, or by exercise of its right of lien and/or sale as specified in Condition 19 below.
16.4 The Carrier shall be liable for any loss or damage to goods occasioned during transit unless and to the extent that the same has been caused by, is due to, or has arisen from:
16.5 An act of God, force majeure or any other occurrence or cause beyond the control of the Carrier, including war, civil commotion, invasion, hostilities, riots and other like occurrences;
16.6 Seizure, damage, confiscation, requisition or destruction under legal process or by or under the order of any governmental, local authority, or other public body;
16.7 Any act of omission of the Customer or the owner or owners of the goods comprised in a Consignment (or part thereof), including their respective servants or agents and anything done by the Carrier at the express request or direction of them;
16.8 Inherent liability to wastage, either in bulk, weight or quality, any latent or inherent defects or natural deterioration of the goods;
16.9 Insufficient or improper packaging, labeling or addressing;
16.10 Industrial disputes, lock-outs and general or partial stoppages or restraints of labour of whatsoever nature beyond the control of the Carrier;
16.11Under no circumstances shall the Carrier be liable to any Business Customer in any event for consequential loss, special damages or other indirect loss, howsoever arising, whether or not the Carrier knew or ought to have known that such losses or damages might be incurred, including without limitation loss of income, profits, interest or loss of market.
16.12 Electrical, magnetic or x-ray erasure or damage or other similar damage to electronic or photographic images or recording in any form.
16.13 The Carrier will not be liable for any claim under £10.00.

17.LIMITATION OF LIABILITY
17.1 The Carrier’s liability for any loss or damage whether in contract, tort (including, without limitation, negligence or breach of statutory duty) or howsoever arising shall be limited to the lower of the following amounts: 17.1.1 Where the loss or damage is in respect of the whole Consignment and no enhanced goods in transit cover has been requested, a maximum of £12 per kilo of gross weight of the Consignment;
17.1.2 Where the loss or damage is in respect of part of the Consignment and no enhanced goods in transit cover has been requested, a maximum of £12 per kilo of gross weight of that part of the Consignment that has been lost or damaged;
17.1.3 Where the loss or damage is in respect of the whole Consignment and enhanced goods in transit cover has been requested, a maximum up to the amount covered by that enhanced goods in transit cover;
17.1.4 Where the loss or damage is in respect of part of the Consignment and enhanced goods in transit has been requested, the proportion of the amount covered by the enhanced goods in transit cover for the whole Consignment which the actual value of the part lost or damaged bears to the actual value of the whole Consignment;
17.1.5 In all instances the Carrier’s liability shall not exceed the actual value of the Consignment or part thereof which has been lost or damaged.
17.2 Full enhanced goods in transit cover up to a maximum of £6,000 per Consignment can be provided by the Carrier on Consignments with a gross weight of less than 500 kilos where such cover is specifically requested by the account holding Customer on the Consignment note. The Customer will be liable to pay a supplementary charge for such cover per Consignment as detailed on the Carrier’s rate schedule from time to time. Enhanced Goods in transit cover is not available to non-account holding customers or wine sent via the Winetrak service.
17.3 exceptions to 17.1 and 17.2 are as follows: Restricted Goods not accepted under any circumstances: Agricultural spares or exposed metal, Antiques, Aquariums, Bathroom Accessories: Bath panels, Shower units, Sanitary ware, Car parts from scrap yards, Currency, Complete guns/dangerous goods, Cornice/Mouldings, Engines/Engine frames and gearboxes. Fabric rolls over 1.5m, Fire surrounds (complete items), Furs, Furniture: Cupboards/cabinets/chest of drawers, Garage doors, Gas bottles without capped ends, Hazardous goods, Jewellery, Joinery: Staircases/fencing/sheds, Livestock (excluding pigeons), Made-up furniture, Marble items, Mattresses, Mirrors, Neon signs, Office furniture, Paint, Pharmaceuticals, Prams/pushchairs, Precious stones/jewellery, Sofas/chairs/tables, Windscreens, Window frames or Works of art or Unpacked items. Owners Risk, Goods which can be accepted provided an ‘Owners Risk’ declaration is obtained. Not to be carried if over 35 kilos or 1.5 metres in length and/or 2 metres combined length plus width plus depth. N.B. Goods in Transit liability either at the basic level of £12 per kilo or enhanced goods in transit cover is not available on damage to goods traveling at ‘Owners Risk’: Bottles/glassware (excluding Winetrak), Boxed Plants, Ceramics: figures/figurines/sinks/tiles, Clocks, Crockery, Display Units/Stands, doors, Flatpack Furniture, Glass/Stained Glass, Joinery: Polished Wood/Laminates/Veneered Panels, Light shades, Lighting Fitments/Bulbs, Musical instruments in case, Pictures/Paintings/Pottery/Craftwork, Perishables, Gramophone records. 17.3.1 ON Service (Unattended Delivery) - This service will not provide a signed proof of delivery but will state where the goods have been left. Consequently, the Carrier shall not be liable for any loss or damage to goods on the ‘Unattended Delivery’ service after the consignment has been delivered and / or left in accordance with the instructions. The liability of the Carrier for any loss or damage during transit is provided for in Clause 17 above.
17.3.2 The Carrier will transport birds (pigeons only), under the following conditions.
17.3.2.1 That the bird(s) are fit to travel and free of infectious disease.
17.3.2.2 That the box provided by the sender is suitable for the species and not overcrowded.
17.3.2.3 That the bird(s) do not require Amtrak to provide food or water or any other attention whilst in transit.
17.3.2.4 That the bird(s) are not a prohibited or protected species.
17.3.2.5 That the consignee will be available to receive and sign for the consignment the next day.
17.3.2.6 That the bird(s) may be transported in ambient temperatures and that no special arrangements for heating or cooling are required.
17.3.2.7 That our standard Conditions of Carriage apply.
17.3.2.8 Goods in Transit Cover is provided for pigeons up to a maximum of £50 per bird.
17.4 Packaging is intended for the protection of consignment contents. Damage to packing is excluded from any claim.
17.4.1 it is not the Carrier’s responsibility for the standard of packaging or to ensure packaging is sufficient. Damage to consignments whereby packaging is deemed insufficient will be excluded from any claim. 17.4.2 where a claim for damage to a consignment has been made, and the said damage has not been noted at the point of delivery, any such claim will not be accepted.
17.4.3 liability for damage will not be accepted for return consignments.
17.4.4 where a claim for damage has been made, not withstanding any damage to the contents of the parcel, any such claim will not be accepted should the damage not be demonstrable on the outer packaging.
17.4.5 in respect for claims on damaged goods, the contents and the packaging must in all cases be retained in order for Amtrak to inspect the said goods.
17.5 Under no circumstances shall the Carrier be liable to any Customer in any event for consequential loss, special damages or other direct loss, howsoever arising, whether or not the Carrier knew or ought to have known that such losses or damages might be incurred, including without limitation loss of income, profits, interest or loss of market.
17.6 Not withstanding clause 17.1 above, the Carrier reserves the right to apply the current replacement value to that claimed and if lower, apply a deduction for the age and condition of the item concerned.
17.7 Where the Carrier fails to collect the return part of the service, the Carrier’s liability shall be limited to the difference between the price of the OR and the price of the standard O service.
17.8 No claim shall be entertained by the Carrier where there is not sufficient evidence to suggest that goods have entered the system, e.g. production of an In Touch manifest.
17.9 The Carrier reserves the right to reverse a claim settlement where there is demonstrable evidence that the claim was invalidly paid in the first instance.

18.TIME LIMIT FOR CLAIMS
The Carrier shall not be liable for any loss, damage or other liability of whatsoever nature unless:
18.1 The Customer notifies the Carrier’s Claims department at Amtrak Express Parcels, Northgate Way, Aldridge, Walsall, WS9 8ST in writing (along with any information noted or paperwork from the point of delivery) of an impending claim within 21 days after commencement of transit.
18.2 Upon receipt of a final response from the Carrier in response to the Customer’s notification of the claim (as stated in clause 18.1), the Customer has a further 21 days in which to appeal against the decision and raise enquiries. Should the Customer fail to notify the Carrier in writing within 21 days of such an appeal, the Carrier will not be under a duty to investigate or respond to such enquiries; and
18.3 The Carrier receives a completed claim form from the Customer within ten days of sending it to the Customer. The Carrier shall be entitled to receive written evidence to its reasonable satisfaction of the value of any consignment lost or damaged, (e.g. purchase/sales invoice with mark-up stated and photographic evidence).
18.4 No claim by any Customer shall be entertained by the Carrier nor shall any liability attach to it unless all payments due to the Carrier from the Customer in respect of the delivery of the Consignment have been fully made.
18.5 Where a Consignment in whole or in part has been damaged beyond repair or lost, the ownership of the Consignment in whole or in part as the case may be, will transfer to the Carrier upon payment by the Carrier of any claim by the Customer.
18.6 All correspondence relating to a claim must be carried out in writing.
18.7 In the case of invalid claims, the Carrier reserves the right to apply a charge of £10.00 where in its opinion there has been excessive or inappropriate work involved in dealing with the claim.

19. GENERAL LIEN
19.1 The Carrier may keep hold of all or some of your goods until the Customer has paid all the charges owing to the Carrier, even if the unpaid charges do not relate to those goods.
19.2 For Business Customers only, if any such monies or liabilities are not paid or satisfied within a reasonable time, the Carrier shall be at liberty in its absolute discretion to sell any or all such goods as agent for the owner or owners thereof and to apply the proceeds towards payment or satisfaction of all such monies or liabilities and all the expenses of any such sale and the Carrier shall, upon accounting to the Customer for the balance remaining (if any) of such proceeds after such application, be discharged from all liability whatsoever in respect of the Consignment.
19.3 Failure to deliver within the specified time period due to exercise of the Carrier’s lien shall not entitle the Customer or such owner or owners to withhold payment of any of the Carrier’s charges.

20.SEVERANCE
If any of these conditions becomes invalid, illegal or unenforceable, the rest of the conditions shall remain valid and unaffected.

21.GOVERNING LAW
Relevant United Kingdom law will apply to these conditions and any contract with the Carrier and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to them.

DATA PROTECTION NOTICE
Amtrak Express Parcels Limited and the carriers who will be providing you with distribution services (this will usually be the sending and receiving depots), will use your information for the purposes of providing distribution and associated services including parcel tracking, administration, marketing, credit scoring and credit insurance. For more information on the individual depots who are involved with the provision of services to you, please contact us on 08705 456 456. We will disclose your information to our service providers and agents for these purposes. We may keep your information for a reasonable period to contact you about our service.

To help us to make credit decisions about you, to prevent fraud and to check your identity we may search the files of credit reference agencies who will record any credit searches on your file. We may also disclose details of how you conduct your account to such agencies. The information will be used by other credit grantors for making credit decisions about you and the people with whom you are financially associated, for fraud prevention and occasionally for tracing debtors.

Last Updated: January 2005

As an Amtrak Franchise, Grimsby NEXT Day abides by the Amtrak Conditions of Cariage, however, no information entered into this website will be passed to third parties without your permission.

Last Updated: September 2005