Easy Post UK

Terms and Conditions of Carriage

Easy Post UK Ltd. is not a common carrier.

Easy Post UK Ltd. is a company registered in England and Wales with company number 05687435 , and VAT Registration No. 876674758

a1.	DEFINITIONS:
1.1	"Company" means any party authorised by Easy Post UK Limited, whose registered office is 35 Watton Road , Norwich NR4 7TY, to trade using the term Easy Post UK as a trading style
1.2	"Conditions" means the conditions of carriage set out in this document and includes any special terms and conditions agreed in writing by the Company
1.3	"Consignee" means the person or party to whom the Company contracts to deliver the Consignment
1.4	"Consignment" means the goods or items to be carried in accordance with the Conditions
1.5	"Contract" means the contract of carriage between the Customer and the Company
1.6	"Customer" means the person or party whose request for the provision of the Services is accepted by the Company
1.7	"Dangerous Consignment" means dangerous substances under the Carriage of Dangerous Goods Regulations 1996 as amended and any other substance presenting a similar hazard
1.8	"Price" means the price as set out in any quotation price list or order (or when no price has been quoted a reasonable price) excluding VAT

	1 "Services" means the provision of carriage services as detailed overleaf or in such documentation or literature produced by the Company from time to time which the Company is to carry out in accordance with the Conditions

2.	CONDITIONS APPLICABLE:
2.1	The Company is not a common carrier
2.2	The Company shall provide the Services in accordance with terms agreed orally or in writing with the Customer subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions
2.3	No variation to these Conditions shall be binding unless agreed in writing between the authorised representative of the Company and the Customer
2.4	Any representations made by the Company's employees or sub-contractors concerning the Services shall not be incorporated into the Contract unless confirmed by the Company in writing and in entering into the Contract the Customer acknowledges that it does not reply on and waives any claim for breach of such representations which are not so confirmed
	1. Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other documentation or information issued by the Company shall be subject to correction without any liability on the part of the Company

3.	CUSTOMERS OBLIGATIONS:
3.1	The Customer shall ensure that each Consignment and each item thereof shall be securely and correctly packaged and clearly and properly labelled with the full and correct address and postcode of the Consignee
3.2	The Customer shall not without the prior written consent of the Company submit for carriage a Dangerous Consignment. If the Company agrees to accept a Dangerous Consignment for carriage it must be classified packed and labelled in accordance with all applicable statutory regulations
3.3	The Customer warrants that there are no special requirements for the carriage of the Consignment (whether as to temperature humidity or otherwise) and accordingly the Company shall have no liability in the event of any deterioration loss or damage to the Consignment arising from any such requirements
3.4	If the Consignment or any part of it is not the Customer's own unencumbered property the Customer warrants that it has the authority of all persons owning or having an interest in such Consignment to enter into this Contract and the Customer shall indemnify the Company against any loss damage or claims made upon the Company as a result of any want of such authority
3.5	The Company shall not accept for carriage any of the following items unless first discussed with the Company: Furniture (except flat pack type) Live Animals Broad loom carpets - rolls over 6ft/1.8 m long Mattresses unless vacuum packed Car Engines Car Bonnets Car Gearboxes Drums Tins of paint or other fluids Metal - bars, pipes, sheets or blocks Batteries (except dry cell type) Sack or bags of loose products Bicycles and motor cycles White goods Fire Arms

4.	THE SERVICES:
4.1	The Customer acknowledges that the Company may perform any of its obligations or exercise any of its rights hereunder by itself or through its sub-contractors provided that any action or omission by such sub-contractors shall be deemed to be the act or omission of the Company
4.2	The Customer acknowledges that the means of transport and route in respect of each Consignment shall be at the sole discretion of the Company
4.3	Any dates or times given for the delivery of the Consignment are approximate only unless otherwise agreed in writing and save as otherwise provided herein the Company shall not be liable for any loss suffered by the Customer arising from any delay in delivery of the Consignment
	4.4 Transit shall commence when the Consignment is delivered to or collected by or on behalf of the Company and shall (unless otherwise previously determined) end when the Consignment is tendered at the address of the Consignee save that: (a) if no adequate access and no adequate unloading facilities exist at the place of the delivery then delivery shall be deemed at the expiry of one clear day after notice in writing by the Company is given to the Customer (b) where for any other reason a Consignment cannot be delivered or a Consignment is held "to be kept until called for" or upon any like instructions and such instructions are not given or the Consignment is not called for and removed within a reasonable time then transit shall be deemed to end Unless otherwise agreed in writing the Company shall not be under any obligation to provide any plant power or labour in addition to any driver in respect of unloading at the delivery address of the Consignee The consignment shall have presumed to have been delivered in a good and undamaged condition if on delivery of it the receiver signs the carriers consignment note without making any notation as to the damage or loss alleged to have been suffered
	4.7 The Customer acknowledges that it is his responsibility to notify the Company in writing of any valuable items comprised in any Consignment and that additional charges may be levied by the Company in respect of making appropriate insurance arrangements. Save as otherwise provided herein the Company shall be under no liability in the event of any loss or damage to the Consignment if the Customer fails to provide such notification

5.	CHARGES AND PAYMENT:
5.1	The Company shall only accept any "carriage forward" Consignment by arrangement and in such event the Customer shall not be required to pay the Price and VAT if paid by the Consignee
5.2	Subject to any special terms agreed in writing between the Company and the Customer the Company shall be entitled to invoice the Customer for the Price and VAT at the rate prevailing on the date of the Company's invoice before on or at any time after performance of the Services
5.3	The Customer shall pay the Price and VAT on date of booking
5.4	Time of payment of the Price and VAT shall be of the essence of the agreement
5.5	If the Customer fails to make payment on the Due Date then without prejudice to any other right or remedy available to it the Company shall be entitled to: (a) cancel the Contract and/or suspend the provision of any further services to the Customer; and (b) charge the Customer interest (before and after any judgement) on the amount unpaid at the rate of 4% per annum above HSBC Bank Plc base rate from time to time until payment is made in full (part of a month being treated as a full month for the purpose of calculating interest)
5.6	If the weight and/or dimensions of the consignment are greater than declared, we reserve the right to take payment accordingly.
5.7	The Company shall have a general lien against the Customer where the Customer is the owner of the Consignment for any monies whatever due from the Customer to the Company. If such a lien is not satisfied within a reasonable time the Company may at its absolute discretion sell the Consignment or part thereof as agent for the Customer and apply the proceeds against any of the monies due and the expenses of the retention insurance and sale of the Consignment and shall upon accounting to the Customer for any balance remaining be discharged from all liability whatever in respect of the Consignment. Where the Customer is not the owner of the Consignment the Company shall have a particular lien against the said owner and shall be entitled to retain possession but not dispose of the Consignment against monies due from the Customer in respect of the Consignment
5.8	All booking details and Payments made by Customer are based on correct information supplied on said time. If the Company deems it necessary to recharge or upgrade the Services no prior warning is needed. This can only be action by incorrect or false information supplied.
5.9	All transactions will be undertaken in GBP (Great British Pounds) Sterling.

6.	WARRANTIES AND LIABILITIES:
6.1	Subject as expressly provided in these Conditions the Company warrants that the Services will be performed with reasonable skill and care and in accordance with the Contract
6.2	The Company shall be under no liability under any warranty condition or guarantee if the Price and VAT have not been paid by the Due Date

6.3	The Company shall not be liable to the Customer by way of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company its employees or sub-contractors) which arise out of or in connection with the supply of the Services except as expressly provided in these Conditions
6.4	Any liability of the Company hereunder in respect of any delay in performing or failure to perform the Services shall be limited to the cost to the Customer in the cheapest available market of similar services to replace those not performed

6.5	The Company shall not be liable for:-
6.5.1	damage to glass or any items thereof with a glass content, ceramics, china, pottery or a similar fragile material (please check with an Easy Post advisor if you are unsure of the fragile nature of the goods you are sending), perishables, or loss of or damage to antiques, works of art, precious metals and stones, jewellery, watches, bullion, cashiers' cheques, currency, money orders, securities (including drafts, stocks and bonds and negotiable instruments in bearer form), travellers' cheques, stamps, second hand car parts, prepaid telephone cards and vouchers, plasma tv's,white goods, electricity tokens and vouchers or similar, furs, liquor, wines and spirits, tobacco, cigars and cigarettes, SIM cards and personal effects; and in the case of International Consignments in addition to the aforesaid items drugs and pharmaceuticals, firearms, foodstuffs, human remains, lewd, obscene and pornographic materials, and plants and, in the case of all Consignments such other items as may from time to time be notified in writing by the Company to the Customer unless:- (a) the Company has specifically agreed in writing otherwise than by the signature or receipt of a Consignment Note to carry any such items; and (b) the Customer has agreed in writing to reimburse the Company in respect of all additional costs (including increased financial compensation) which result from the carrying of the said terms; and (c) the loss or damage is occasioned during Transit and results from one or more negligent acts or omissions by the Company; The value of the consignment or part Consignment actually lost, mis-delivered or damaged which in respect of new goods shall be the cost to the owner and in respect of all other goods the reasonable second-hand value of the consignment (taking into account fair wear and tear and reasonable depreciation applicable to the to the consignment) but in any event, not less than 25% annual depreciation therefore goods over 4 years (48 months) old are not insurable. If additional insurance is to be taken then the goods must be under 12 months old and packaged in the original manufacturers packaging otherwise liability will not be accepted.
6.5.2	Loss or damage to Prohibited Goods or Awkward Loads.

6.6	Subject to these Conditions and with particular reference to Condition 11 the Company shall be liable for loss (but not damage even if such damage amounts to total constructive loss) of perishables or glassware and any loss of or damage to any goods other than those referred to in Condition 6.5.1 and 6.5.2 above occasioned during Transit.
6.6.1	The Company shall not be liable for any loss or damage which has arisen from and the Company has used reasonable care to minimise the effects of:- (a) an Act of God; (b) any consequences of war, invasion, act of foreign enemy hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power or confiscation, acts of terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority; (c) seizure or forfeiture under legal process; (d) error, act, omission, mis-statement or mis-representation by the Customer or other owner of the goods or by servants or agents of either of them; (e) inherent liability to wastage in bulk weight, latent defect or inherent defect vice or natural deterioration of the goods; (f) insufficient or improper packaging; (g) the goods being of a fragile nature such that they cannot withstand the ordinary exigencies of carriage by a parcel Company; (h) insufficient or improper labelling or addressing; (i) riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause; (j) the Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered;(k) the act, default or omission of any HM Customs & Excise officials or other Government officials; (l) electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recordings in any form. (m) Force Majeure.
6.7	The Company shall not in any circumstances be liable for loss of or damage to goods after Transit of such goods is deemed to have ended or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Company.
6.8	The Company shall not be liable in any way for any loss of or damage to goods arising from mis-delivery if the Customer shall have failed to state the Consignee's correct postcode at or before the commencement of Transit.
6.9	The carrier will not be liable for any claim or compensation for any goods insufficiently packaged. The sender will be liable for any damages caused in transit to any shipment or property which is insufficiently packaged.

7.	INDEMNITY:The Customer shall indemnify the Company against: (a) All consequences suffered by the Company its or sub-contractors (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 caused by any error omission misstatement or misrepresentation by the Customer or other owner of the Goods or any servant or agent of either of them or insufficient or improper packing labelling or addressing of the Goods (b) All claims and demands whatever by whosoever made in excess of the liability of the Company under these Conditions (c) All loss suffered by and claims made against the Company or sub-contractors resulting from loss of or damage to property caused by or arising out of the carriage of a Dangerous Consignment whether or not declared by the Customer as such (d) All claims made upon the Company or sub-contractors in respect of duty for Consignment in bond whether or not transit has ended or been suspended

8.	REFUNDS AND CLAIMS:
	Claims for liability will not be accepted by the Company unless:
8.1	(a) Made in writing within 5 days of termination of transit where a Consignment is damaged and so noted on Consignment or delivery documents. (b) advised within Twenty Fours Hours after termination of transit and the written claim made within 7 days where a Consignment is damaged and not so noted or loss incurred from a parcel package or container or from an unpacked Consignment (c) advised in writing within 7 days from dispatch date, where the whole Consignment or any separate parcel package or container forming part of a Consignment is lost or not delivered
8.2	(a) All refund requests should be made in writing and includes your full name, collection and delivery addresses and the relevant consignment or parcel number as presented to you along with your Easy Post unique reference number. They should either be E-mailed or posted to the address below. All refunds/claims will be treated in a manner consistent in guidance from the Office of Fair Trading (b) All claims requests must comply with the following:- Collection and delivery address, consignment number, Easy Post unique reference number, cost price invoice, sales invoice, repair cost invoice or salvage value, details of damaged sustained, weight of item, full description of goods and packaging and a signed collection note. All damaged goods must not be disposed of until the claim has been concluded as a damage inspection maybe required by the carrier or their insurers. (c) The Economy Service is limited to £50 per consignment claim subject to all goods which have been received damaged must be stated on the delivery sheet for any valid claim and upon request all documentation supplied. (d) Liability is limited on the Next Day Service to £10 per kilo or the cost value of the item subject to the above exclusions and is subject to a £35.00 excess. (e) Liability is limited on the pallet services to £1.30 per kilo or the cost value of the goods as standard, subject to the above exclusions.
8.3	All customers will be notified of the outcome of their claim once concluded with the carriers and their insurers and any monies due will be sent in the form of a cheque.
8.4	Refunds will not be given for late collections, late deliveries or consequential loss or as any form of compensation. As soon as a collection attempt is made than no refund can be made. If you are out when we attempt to make a collection we can rearrange the collection for you but not refund the service. You must contact with in 24hrs of the expected time of collection if you would like us to arrange a new collection time.

9.	TERMINATION: Without prejudice to any other right or remedy available to it the Company shall be entitled to cancel the Contract or suspend any further performance under the Contract without any liability on the part of the Company to the Customer and if the Services have been performed but not paid for the Price and VAT shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary in the event that: (a) the Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or a firm) becomes bankrupt or (being a company) goes into liquidation (other than for the purposes of amalgamation or reconstruction) (b) an encumbrance takes possession of or a receiver is appointed over the property or assets of the Customer (c) if the Customer (if not a consumer within the meaning of the Unfair Terms Act 1977) ceases or threatens to cease to carry on business (d) if the Customer breaches any of the Conditions (e) if the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly
	10. FORCE MAJEURE: Neither party shall be liable for any default due to any act of God war strike lock out industrial action fire flood drought tempest or any other event beyond the reasonable control of either party

11.	GENERAL
11.1	The headings in these Conditions are for convenience only and shall not affect interpretation
11.2	No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision
11.3	No failure of the Company to exercise any power given to it or to insist upon the strict compliance by the Customer with any obligation hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute any waiver of any of the Company's rights of this Contract
11.4	If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby
11.5	This Contract is governed by the laws of England and is subject to the non exclusive jurisdiction of the English Courts

Please send any claims related documentation and refund requests to:

Easy Post UK Ltd
35 Watton Road
Colney
Norwich
Norfolk
NR4 7TY
UK

Fax: 0870 133 4376
E-mail: sales@easypostuk.com