CID Couriers

These terms and conditions, based upon terms and conditions genarally applied to road transport, form the basis of any contract between CID Couriers or any of it's suppliers or sub-contractors and the customer, and are deemed to have been agreed upon commencement of carriage of goods and may be varied at any time (except where commencement of carriage has already begun) as deemed fit by CID Couriers and/or it's advisors. In any case, the terms & conditions published on this website shall be deemed to be the most current version at any given time.

You may request a copy by email by simply sending a blank email to my automated mail server at terms@cidcouriers.co.uk (this email address is not monitored for any other mail)

Download a copy in: MS Word format or PDF format

Revision Information

02 January 2008	-	Original web publication
Rev. 1 - 12 Feb 2008	-	Added clause 10.5
Rev. 2 - 07 Jun 2008	-	Edited section 1 & 3.2 Added section 7.5 Removed sections 11, 13 & 15

1) Definitions

In these terms & conditions the following shall apply:

Carrier: means CID Couriers or any person acting on their behalf.
Consignee: means the person who is to receive the goods.
Consignor: means the person to whom the carrier is contracted.
Goods or consignment: means the item(s) accepted for carriage.
Services: means duties carried out on behalf of the consignor.
Ambiguity: words denoting the singular include the plural and vice versa, gender includes the other gender and, person shall include corporations, public bodies and their legal representatives.

2) Application of conditions

2.1 All services are to be performed by the carrier subject only to these conditions which constitute the entire agreement between the consignor and the carrier in relation to provision of the services.
2.2 No person has the authority to waive or vary these conditions unless the waiver or variation is in writing signed by the carrier or an executive officer of the carrier and the consignor.
2.3 The terms of the consignors documentation shall not diminish or negate the application of these terms to the provision of the service.

3) Not a common carrier

3.1 The carrier is not a common carrier and accepts no liability as such and may in it's absolute discretion:
a) Refuse carriage of any item for any person.
b) Refuse carriage of any toxic, radioactive, explosive or otherwise dangerous goods.
c) Refuse carriage of any unlawful or potentially illegal items or documentation.
d) Refuse carriage of obscene, offensive, sexually explicit or racial goods.
e) Refuse to provide any of the services to the consignor whether before or after the carriage of goods has commenced.
3.2 The carrier will allow any police officer, government official, customs officer or other appointed person to open, inspect or seize any document, envelope, package or container in which the goods are placed in accordance with their power of search.

4) Warranties

4.1 Where a person who is not the consignor tenders any items to the carrier for carriage, that person warrants his authority to deliver the items to the carrier, to sign the consignment note on behalf of the consignor or any other person having interest in the goods and to accept these conditions for the carriage of the items by the carrier.
4.2 Where the consignor is not the owner of the goods he warrants his authority to act as the agent of the owner of the goods or any other person having an interest in the goods for all purposes in connection with the carriage of the goods by the carrier under these conditions and indemnifies, and shall keep indemnified, the carrier in respect of liability whatsoever or howsoever arising (including without limitation) from negligence or without act or default of the carrier or others in connection with the goods.
4.3 The consignor warrants:
a) that it has complied with all laws and regulations relating to the nature, packaging, labelling and carriage of the goods and that the goods are packed in a manner adequate to withstand ordinary risks associated with the services having regard to the nature of the goods, and,
b) the accuracy of all brandings and markings of the goods, descriptions, value and other particulars furnished to the carrier for carriage, customs or any other purpose and indemnifies and shall keep indemnified the carrier against all loss, damage, expense and fines arising from any inaccuracy or omission in this respect.
4.4 The carrier shall attempt to provide the consignor with the service in a timely manner, however this cannot be absolutely guaranteed due to the possibility of unforeseen circumstances (including but not limited to traffic jams or accidents) and in the event of the service being delayed or cancelled, the consignor shall not hold the carrier responsible for any loss of revenue, other monies or consequential loss arising from late or non delivery of the goods.
4.5 The carrier shall be relieved of its obligations to perform the contract to the extent that the performance is prevented by the failure of the consignor, fire, weather conditions, industrial dispute, other disturbance or any other cause beyond the reasonable control of the carrier.

5) Liability and insurance

5.1 Subject to clauses 5.2-5.6 inclusive. Services are provided by the carrier entirely at the risk of the consignor and the carrier shall not be liable for injury or damage to or destruction or loss of goods or any other property arising out of or incidental to or in connection with or occurring during the provision of the services or for the mis-delivery or non delivery of the goods and whether or not caused or contributed to by the default (including negligence) of the carrier or any agent, servant or officer of the carrier or any other person entitled to the benefit of these conditions.
5.2 The carrier shall only be liable to the consignor for failure to act with reasonable care and skill in respect of injury or damage to or destruction or loss of the goods up to the amount if any specified on the face of the consignment note opposite the words "Carriers liability" as a total maximum liability for all of the goods which are the subject of the consignment note. In any case the carrier shall not be liable for any sum over and above the level of insurance covered by our goods in transit policy
5.3 The carrier does not accept responsibility for purely economic losses such as loss of profits, loss of business opportunities or loss of revenue resulting from the loss of use arising from any loss or damage or delay to the goods.
5.4 Any claim for injury or damage to or destruction or loss of goods under clause 5.2 shall be made in writing to the carrier in the case of
a) Damage to or loss of the goods - an endorsement must be made on the delivery carriers "delivery note" at the time of receiving the goods. A formal claim in writing must be made within seven days of delivery of the goods.
b) Mis-delivery or non-delivery of the goods - within seven days from the date the carrier receives the goods. Any claim not such made shall be waived.
5.5 As the liability of the carrier is limited as provided in these conditions the consignor is advised to seek their own additional insurance cover generally.
5.6 Goods In Transit (GIT) insurance is provided by the carrier's insurance company for the benefit of the consignor up to the value of £10,000 (Ten Thousand Pounds) or £10 per kilo at the sole decision of our insurance company.

6) Performance of services

6.1 If the consignor instructs the carrier in writing to provide the services in a particular way (whether as means of carriage or place of storage or otherwise) the carrier shall give priority to that way but in any event the way of providing the service shall be in the sole discretion of the carrier and the consignor authorizes the carrier to adapt any way of providing the services in its absolute discretion other than the way instructed or agreed.
6.2 The consignor authorizes any deviations from the usual route of carriage as the carrier may in its absolute discretion deem desirable or necessary.
6.3 Subject to clause 4.4, the carrier shall make every effort to effect carriage of the consignors goods in the most time efficient manner possible.

7) Delivery

7.1 The carrier:
a) is authorized to deliver the goods to the consignee at the address nominated by the consignor or the consignee or agent of either of them.
b) shall be deemed to have delivered the goods in accordance with these conditions if the carrier obtains a receipt or signed delivery note from any person at that address unless a specific person is nominated to accept delivery.
7.2 If a nominated person to accept delivery is unavailable for whatever reason, the carrier shall at the carriers sole discretion, telephone the consignor for an alternative contact or complete the delivery to another of the consignees agents at the nominated address.
7.3 If the nominated place of delivery is unattended at the time the delivery is attempted or if delivery cannot otherwise be completed the carrier may return the goods to the consignor at the consignors expense.
7.4 Delivery times accepted or given by the carrier are in good faith but are an estimate only and the time of delivery of the goods is not an essence of the contract as we are legally obliged to act within accordance of all road traffic acts and laws.
7.5 The carrier will be under no obligation to provide any plant, power or labour for loading or unloading. The carrier have no authority to give assistance other than under supervision in the loading and unloading at the usual place of collection or delivery and the carrier 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 the carrier against any claims made as a result of any such other assistance given.

8) Responsibility for charges

8.1 The consignor shall be liable to the carrier for all proper charges incurred for any reason in the provision of the service.
8.2a In the case of private consignors, the carriers charges are payable at the time of collection or delivery of the goods, payment in advance (pre-booking) may also be accepted. No credit facilities are offered to private consignors.
8.2b In the case of business consignors, the carriers charges are payable within fourteen days of the date printed on the carriers invoice, payment in advance (pre-booking) may also be accepted.
8.3 The consignor shall not defer or withhold any payment or deduct any amount from the carriers invoice by reason of any claim the consignor alleges against the carrier.
8.4 Without prejudice to clause 9.1 the carrier shall be entitled to charge interest and/or add penalty charges on any outstanding amount until the charges are paid in full. We understand & will exercise our statutory right to interest under the Late payments of Commercial Debts (Interest) Act 1998 if we are not paid according to agreed credit terms.
8.5 In the event of the consignor cancelling the requested service without informing the carrier in good time, a cancellation charge of £15 (fifteen pounds) or a rate of £0.45 (forty pence) per mile, whichever is the higher, for any journey (or part of) already completed while en-route to the consignors premises or other collection/delivery point shall apply. The cancellation charge may be waived or discounted entirely at the carriers discretion.

9) Lien

9.1 The carrier shall have a general lien on all goods (and any documents relating to such goods and other items relating thereto) in the carriers possession, custody or control for any monies owing to the carrier by the consignor whether in connection with the carriage of goods or otherwise and the carrier may at its absolute discretion sell or dispose of the goods or any of these items without further notice to the consignor or any other person having an interest in them to satisfy all costs incurred by the carrier for storage or in relation to the sale including legal costs on a full indemnity basis. The carrier will account to the consignor for any balance remaining after the payment of the sum due to the carrier.

10) Nature of goods

10.1 The consignor may not tender for carriage any volatile liquids, explosive goods or goods which are or may become dangerous, inflammable or offensive including radioactive materials or which may become liable to damage any property whatsoever without presenting a full description disclosing the nature of the goods and in any event shall be liable for all loss including direct and consequential or damage caused thereby.
10.2 The consignor may not tender for carriage any animals or livestock, including reptiles, birds, fish or any other living organisms. Plants, flowers, trees and other organic entities are excluded from this provision.
10.3 The consignor warrants that he (or the consignee) is the legal owner of the goods. The carrier shall not be liable for any loss resulting from any illegal activities, and indemnifies, and shall keep indemnified, the carrier in respect of liability whatsoever or howsoever arising in connection with the goods.
10.4 If the goods have a limited lifespan (e.g. perishable food) the carrier must be informed of the lifetime expectancy of the goods. The carrier shall not be held responsible for any goods perishing while in the possession of the carrier.
10.5 Human passengers cannot be carried under any circumstances.

11) Customs and excise

11.1 The consignor authorizes the carrier to act as the consignors agent for customs purposes and to complete all documents as may be necessary or desirable In connection with the provision of the services on any items provided that the carrier shall not be liable for failure to act as the consignors agent in this respect. Any fees or import duty/taxes incurred shall be the sole responsibility of the consignor.

12) Indemnity

12.1 The consignor indemnifies and shall keep indemnified the carrier, its agents, servants or officers in respect of all liabilities arising from any breach of these conditions by the consignor of the provision of the services except for liabilities expressly assured by the carrier under these conditions.

13) Data protection

13.1 The carrier shall be entitled to collect, store and process data provided by the consignor in connection with the service provided by the carrier and to transmit such data to government agencies as required by applicable laws.

14) Applicable law

14.1 These conditions are governed in accordance with the laws of England.