Evri International Terms and Conditions
Promotions terms and Conditions - "10% off your next International parcel" and "Save 20% on every International order of £30 or more"
- Discounts apply to total basket value for international parcels sent directly through the https://international.evri.com website only
- Discount code INTL, "10% off your next International parcel" can only be used once per customer
- Offers are available for the duration of the promotions
- Offers are not valid on parcel returns or for deliveries within the UK or parcels sent via the Evri app
- Offers are only available for consumer to consumer shippers and cannot be used by Business Account holders or in conjunction with any other discount
- Our standard terms and conditions below will apply to the deliveries made under this promotion
The Evri International website is operated by Parcel2go.com Limited(with company number 02591405) under the
Evri brand (which is a trading name of Evri).
This means that if you use this website you are contracting with Parcel2go.com Limited rather with Evri.
The registered office address of Parcel2go.com is Coe House, Coe Street, Bolton, BL3 6BU, United
Please contact Parcel2go.com Limited via https://international.evri.com/help-centre/livechat if you need
to contact us about our services including if you need to claim for a lost or damaged parcel.
Please read these Terms and Conditions with care and particularly clauses 3.2, 6, and 9, which set out the
extent of our liability under these terms and conditions and provide for an indemnity by you in certain
Please note that certain items are Prohibited Items and cannot be sent by any of our Services. Check your
item against the prohibited item list here: https://international.evri.com/prohibited-items#prohib.
We reserve the right to deal with any Prohibited Items at our sole discretion without being liable in any
way to you or the recipient of the Consignment containing the Prohibited Item(s). For the avoidance of
doubt, this means that if these items are carried, they are carried without parcel protection for damage or
loss. We have the right to dispose of any Prohibited Items, in whole or in part, as we decide and reserve
the right to charge you for any reasonable costs we incur in doing so.
No Protection Items
Certain other items are carried without parcel protection for damage or loss and at your risk. We do
not accept any liability for damage to or loss made by these items caused through the use of our
Service (the No Protection Items). Check your item against the item list not protected here: https://international.evri.com/prohibited-items#unins.
For further details it is important that you read clause 6.11.
Certain other items require more detail from you before they can be sent using our Service. Check your item
against the more information required list here: https://international.evri.com/prohibited-items#moreinf.
Standard Terms of Contract
In these Terms and Conditions where the following terms are used, they shall have the following meanings:
(a) “Consignment” means any item(s) of any sort which are, may be, or are intended to be,
received by us from any one sender at an address for us to carry and deliver to any recipient at any other
(b) “Damaged Consignment” means a Consignment that is no longer in the condition in which it
was received by us, or which is or becomes a health and safety risk.
(c) “No Protection Items” means items that are carried without parcel protection for damage and
at your risk.
(d) “Out of Gauge” a Consignment is deemed Out of Gauge if it is outside of the weight
and dimensions that we carry on a particular service.
(e) “Prohibited Items” means cannot be carried on any Service.
(f) “Purchased” means when you accept the Service Order.
(g) “TheCollection Point” means the address at which a Consignment is received or collected by
(h) “The Delivery Point” means the address to which any Consignment is delivered by us.
(i) “The Excepted Risks” means:
(i) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection,
(ii) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear
waste from the combustion of nuclear fuel, and/or
(iii) radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or
nuclear component of the same, and/or
(iv) pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or
(v) the absence, failure or inadequacy of the packing or packaging used for a Consignment.
(j) “The Service Order” means the summary of the order displayed during the ordering process
which is confirmed to you in the confirmation e-mail that is sent once acceptance of the order has occurred.
(k) “ThisAgreement” means these terms and conditions, together with the Service Order.
(l) “Us, We or Our” means Parcel2go.com Limited, together with its directors,
employees any agents subcontractors or couriers acting on its behalf.
(m) “You” means the customer who is contracted with us as set out in the Service Order.
(n) “Returned to Sender” A Consignment may be returned to sender (i.e. to us) if the recipient
sends it back to us and you:-
(i) do not accept receipt of that item;
(iii) do not pay any outstanding charges; and/or
(iii) if the item is delivered and is an Out of Gauge item for which you nor the recipient pay
the underpayment .
(o) “Service” means the service and carriage of a Consignment by us in accordance with the
particulars set out in the Service Order.
2. Our Obligations
2.1 We will carry out the Service(s) for you whilst this Agreement is in force, in return for the
payment by you to us of the price set out in the Service Order and in accordance with the terms of this
2.2 We shall have the right to make any changes to the Service(s) which are necessary to comply with
any applicable law or safety requirement or which do not materially affect the nature or quality of the
Service(s) and we shall notify you of any such changes.
2.3 We warrant that the Service(s) will be provided using reasonable care and skill.
3. Loading and Unloading
3.1 If collection or delivery of a Consignment takes place at your premises, we shall not be under any
obligation to provide any equipment or labour which, apart from the driver collecting the Consignment, may
be required for loading or unloading of a Consignment.
3.2 Any Consignment (or part of a Consignment) requiring any special equipment for loading and
unloading shall be accepted by us for transportation only on the understanding and condition that such
special equipment will be made available at the Collection Point and the Delivery Point as required.
Where such equipment is not available and if we agree to load or unload the Consignment (or part of the
Consignment) we shall be under no liability or obligation of any kind to you for any damage caused (however
it may be caused) during the loading or unloading of the Consignment. This includes any damage caused
whether or not by our negligence and you shall agree to indemnify and hold us harmless against any claim or
demand from any person arising out of our agreeing to load or unload the Consignment in these circumstances.
4. Collection and Deliveries
4.1 We will make one attempt to deliver a Consignment during normal working hours. If we cannot obtain
a delivery receipt at the Delivery Point you agree that we shall be authorised to attempt to deliver the
Consignment to, or obtain a delivery receipt from, an alternative address close to the Delivery Point and
(if successful) we agree that we will leave at the Delivery Point details of the address to which we have
delivered the Consignment. If we are unable to deliver, either to the Delivery Point or a nearby address, we
shall return the Consignment to our premises and leave a request for the recipient of the Consignment to
contact us to make alternative delivery arrangements to the Delivery Point. If the recipient does not
contact us to arrange the alternative delivery within 7 days we will return the Consignment to you at
your cost (such cost to be discharged before delivery to you).
4.2 If we consider that the Consignment has become a Damaged Consignment and cannot be delivered
because it is or in our reasonable opinion is likely to be unsafe hazardous or harmful we reserve the right
to dispose of the Damaged Consignment immediately. If the Consignment becomes a Damaged Consignment because
of our actions and we have to dispose of it we will only be liable to you up to the amounts specified in
5.1 You agree that we may use another carrier in order to support our provision of the services to you
(this will be at our own expense) and you agree that both we and this other carrier shall be entitled to the
protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.
6. Our Liability
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
6.1 Where you deal with us as a consumer, nothing within these terms and conditions shall be deemed to
affect your rights under the Unfair Contract Terms Act 1977. For the avoidance of any doubt, when you deal
with us as a business the Unfair Contract Terms Act 1977 is hereby excluded to the fullest extent legally
possible and you are further referred to additional terms relating to business clients set out below.
6.2 Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation.
6.3 As a responsible business, we will perform the Service(s) in a professional manner with the
appropriate level of skill and care. However, damage to a Consignment may still occur as a consequence
of our handling of it and in such circumstances, our liability shall be limited as set out in these Terms
and Conditions. The reasoning behind this limitation of our liability is as follows:
(a) The value of a Consignment and the amount of potential loss to you that could arise if a
Consignment is damaged or lost is not something which we can easily ascertain but is something which is
better known to you. In many cases it cannot be known to us at all and can only be known to you;
(b) The potential amount of loss that might be caused or alleged to be caused to you is likely to be
disproportionate to the sum that we could reasonably be expected to charge you for providing the Service(s)
under this Agreement;
(c) It is not possible for us to obtain protection which would give unlimited Protection for our full
potential liability to all of our customers and, even if it were, such protection would be much cheaper if
taken out by you (rather than us taking out such protection and passing the cost on to you) and on that
basis, it is more appropriate for you to take out such protection, though you are able to purchase increased
extra Protection from us for your Consignment excluding protection damage to the No Protection Items
list, during the ordering process;
(d) We wish to keep the costs of providing the Service(s) to you as low as possible;
(e) In light of the above we wish to limit our liability for any damage or loss caused to you to
levels which we consider proportionate to our low charges for providing the Services. These amounts are set
out in clause 6.5;
(f) In these Terms and Conditions, damage to you means any damage suffered by you (including any loss
of, or damage to, a Consignment and any other loss, whether or not known to you or us or in either of our
contemplation at the time of entering into this Agreement), however it arises but only so long as it is
caused by our negligence, breach of duty or other wrongful act or omission (which includes any deliberately
wrongful act or omission) and any breach of any the terms of this Agreement, or any terms implied by statute
(g) We investigate all claims received by us in a fair and speedy manner, but such investigations are
more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and on
that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be
The Extent of our Liability
6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence,
breach of duty or other wrongful act or omission, and only subject to the limitations set out within
this clause 6;
6.5 We shall not be liable to you under any circumstances for any direct or indirect loss
(including, but not limited to loss of profits, or loss of goodwill) or for any other special or
indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence,
breach of duty, or other wrongful act or omission.
6.6 We shall not be liable to you:
a) under any circumstances where there are any material discrepancies (meaning more than 10%
difference) between the declared dimensions and weights and the actual dimensions and weights;
b) for any damage caused by our negligence, breach of duty, or other wrongful act or omission, which
you have, or you have arranged to be, repaired, unless it is agreed by us that the repair work is to be
carried out and that a repairer approved by us undertakes this work;
c) in any circumstances in respect of the items on the Prohibited items; Special Provisions items
and for damage to the No Protection Items lists, unless otherwise stated by us.
The Limitation on the Amount of our Liability
6.7 If we are liable to you for any reason, we shall only be liable to you up to the following amounts
in the following circumstances, subject to you purchasing any extra protection for your Consignment from us:
(a) If we lose or damage all of a Consignment we will be liable for a maximum of £20 If
however this maximum figure is greater than the actual value of the Consignment then we shall only be liable
for the full value of that Consignment;
(b) If we lose or damage part of a Consignment, the amount of the sum determined under clause
6.7(a) above shall be pro rated down to represent the proportion that the actual value of that part of the
Consignment bears to the actual value of the whole Consignment (so, by way of an illustrative example, if
the whole Consignment was worth £20 and we lost or damaged one quarter of it, we would only be liable for
25% of the figure worked out under clause 6.7(a);
(c) If we cause you loss or damage arising in any other way, a maximum of £20 in respect of any
If you consider that the potential loss to you caused by the loss or damage of all (or part) of a Consignment
would exceed the figures set out above you must arrange separate protection for such potential loss.
For the avoidance of doubt, this includes any additional protection you may require in respect of any items
listed on the “Special Provisions” and “No Protection Items” lists. The items on the “Prohibited
Items” list are prohibited and no level of protection taken out by you will change whether these items will
be allowed. If you do not do this then we shall not be liable to you for more than the amounts set out
above and you shall be responsible for the risks in any amounts not protected through such protection (or
lack of). Where the value of any Consignment is above the value of the protection set out in clause 6.7(a)
to (c), you are able to purchase extra protection during our ordering process from us. Where you do not
purchase the extra protection from us during our ordering process, you confirm that you accept the risks of
not doing so.
We will not be liable to repay you the value of the Consignment as at the time it was purchased by you.
Consignments by their nature are subject to depreciation. You are advised to take out a “new for old”
protection policy should you wish to be protected in this way. Our liability to you is limited to the
amounts set out within this clause 6 and based on the actual value at the date of loss.
6.8 In order to ascertain the extent of our liability above, we shall require proof of the value and
weight of the entire Consignment and any part or parts of it which make it up and you must ensure that,
prior to our collection of the Consignment, you have a record of these. For the avoidance of any doubt, and
without affecting clause 6.5, we shall only be liable for the replacement value of the Consignment and not
for any sums that would amount to profit on the Consignment or applicable value added tax (or like tax) on
6.9 If a claim arises as a result of damage to the whole or part of a Consignment and if we settle the
claim for a sum equal to or greater than the value of the Consignment, then we shall be entitled to claim
ownership of the Consignment and deal with it as we see fit. For the avoidance of any doubt, we shall be
responsible for the cost of recovery of the Consignment.
6.10 If you wish to combine a number of discrete packages you must do this within an outer box or
packaging fully encompassing each discrete package. If you do not do this and any individual discrete
package(s) come apart in transit resulting in one or more of them being lost, then once the remaining
parcel(s) are signed for by the recipient, you accept that you cannot make a claim for loss or partial loss
of that consignment.
Prohibited Items, Special Provisions Items and No Protection Items
6.11 Certain other items are carried without parcel protection for damage or loss and at your own
risk. A list of these can be found at: [https://international.evri.com/prohibited-items#unins].
For the avoidance of doubt, we do not accept any liability for any loss, damage to or damage caused by any of
the items on these lists, whatsoever and howsoever such loss or damage is caused, whether in contract,
breach of statutory duty, tort (including negligence) or otherwise.
Please note that whilst you may be able to take out extra protection in respect of any of these items, this
does not alter the provisions set out in this clause 6.11 in any way.
6.12 (a) We shall not, in any circumstances, be liable to you for any damage caused arising
directly or indirectly as a result of any of the Excepted Risks.
(b) If at any time we are prevented or delayed from starting, carrying out or completing any of the
Services because of a strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical
breakdown or obstruction of any public or private road or highway or any other cause beyond our control, you
shall have no claim for damages against us for any loss that you may suffer as a result PROVIDED that, where
the delay is caused by the mechanical breakdown of one of our vehicles, we shall use our best endeavours to
provide a replacement vehicle with the minimum delay practicable.
(c) We shall not in any circumstances be liable for any late delivery or missed delivery or failure to
deliver caused by or contributed to by any deficient or ambiguous labelling of a Consignment and you agree
to be responsible for ensuring that such labelling is clear and unambiguous.
6.13 If our performance of any of our obligations under this Agreement is prevented or delayed by any
act or omission by you or failure by you to perform any relevant obligation (“Your Default”):
(a) we shall (without limiting our other rights or remedies) have the right to suspend performance of
the Service(s) until you remedy Your Default and, and we shall have the right to rely on Your Default if
Your Default prevents or delays our performance of any of our obligations;
(b) we shall not be liable for any costs or losses that you may suffer that arising directly or
indirectly from our failure or delay to perform any of our obligations; and
(c) you shall reimburse us on written demand for any costs or losses sustained or incurred by us
arising directly or indirectly from Your Default.
7. Taxes and Duties
7.1 We shall not be responsible for any local customs charges, import taxes or duties or any similar
charge(s) incurred through our carriage and/or delivery of any Consignment and you must satisfy yourself
as to whether any of these charges will become due, and if so in what amounts, before completing an
order with us. If any such charges become due as a result of our carriage and/or delivery of a
Consignment on your behalf and are charged to us by any competent authority you agree to reimburse us
fully in respect of the same within 7 days of our demand.
7.2 You acknowledge and agree that all Consignments which are to be delivered to the European Union or
Northern Ireland may require a commodity code to be declared within the booking process (see https://www.gov.uk/trade-tariff). The commodity code
classifies goods for import and export and will enable customs authorities to determine if any taxes
and/or duties are payable. If the local customs authority determines that any additional taxes or duties
are payable because you have provided us with an incorrect community code for your Consignment, you
acknowledge and agree that the customs authority will impose such taxes or duties, which the recipient
of the goods will be required to pay. It is, therefore, your responsibility to ensure that when you
place a Service Order for any Consignment which is to be delivered to the European Union or Northern
Ireland, you select the correct commodity code and that is it accurate to the best of your knowledge. We
accept no responsibility or liability if such additional taxes or duties are payable in such
8. Claims and Refunds
8.1 We shall not be liable to you under any circumstances for any loss or damage unless you notify us
either via our website OR by written notice to The Cube, Coe Street, Bolton, BL3 6BU within:
(a) 14 days of delivery of the Consignment in the case of damage to all or part of a Consignment or
loss of part of a Consignment;
(b) and in all other cases (including, but not limited to, loss of the whole of a Consignment) within
28 days from when the Consignment was collected or received by us.
Making a Claim
8.2 The procedure for applying for a claim for loss, damage or part damage (“Claim”) is as follows:-
(i) Log into the “My Account” section on our Website.
(ii)In the “Submit a New Claim” section please click “Create Claim”.
(iii) Fill in the details as indicated.
(iv) Click “Submit”.
8.3 Once your Claim has been submitted to us we will review it before deciding whether we are able to
make an offer to settle your Claim.
8.4 You will be notified of our decision of whether we are able to settle your Claim or what offer we
are prepared to make (“Our Offer”) in the “Your Claims” section on the “My Orders” page of “My Account”.
Accepting Our Offer for your Claim
8.5 The procedure for accepting Our Offer is as follows:-
(a) Log into “My Account”.
(b) Click “Accept Offer”.
(c) Choose one of the 3 payment options.
(d) Insert the account details for the account you wish Our Offer to be paid into. It is your
responsibility to provide the correct account details into the boxes provided. Please note that we
will not be liable for any incorrect details which are provided by you. For the avoidance of doubt we will
not be obliged to make any further payments to you in the event that you have provided incorrect account
details. Furthermore we are not obliged to reverse any payments we may make to incorrect accounts as a
result of you providing incorrect details.
Requesting a Refund
8.6 The procedure for requesting a refund is as follows:
(i) On our website, go to the Our Live Help Desk section.
(ii) Enter your Evri International reference number; and
(iii) If your claim is in connection with a service failure, please provide your parcel tracking
(iv) Alternatively, you can submit your request for a refund in writing to us.
8.7 Refunds may be given at our discretion and in accordance with the service definitions made
available to you at the time of payment.
8.8 Should a refund be appropriate, it shall be made back to the payment method originally used to book
8.9 Refunds can only be processed to the contracted party who booked the order.
8.10 Refunds will not be offered for consequential loss.
8.11 Refunds must be requested within 28 days from the date the order was placed.
Consignments Returned to Sender
8.12 If a Consignment is Returned to Sender we shall give you 14 days in which to collect the
Consignment, failing which we reserve the right to dispose of it. We shall not be liable to you under
any circumstances for any loss caused by us exercising this right and you failing to collect the consignment
in the timescales specified.
9, Your Indemnity
9.1 We shall assume, for the purposes of this Agreement, that you are the sole owner of every item
dispatched in the Consignment but if any other person makes a claim against us for loss of or damage to any
such items beyond our liability to you then you agree that you shall indemnify us against any losses or
liabilities that we suffer through that claim (including all legal costs and expenses) and you agree that we
shall have no liability to you in these circumstances, regardless of whether such claims exceed any
limitations of liability set out in this Agreement.
9.2 You agree to indemnify us against any losses or liabilities that we may suffer through the loss
of, or inability to deliver, a Consignment caused by deficient or ambiguous labelling of such Consignment.
9.3 You agree to indemnify us against any losses or liabilities that we may suffer through a breach by
you of any of your obligations set out in clause 11.
10.1 If you are a business customer with a business account then:
(a) you shall make payment to us within 7 days of the relevant invoice being issued to you, such
invoice to be issued monthly in arrears;
(b) without limiting any other right or remedy of ours, if you (as a business customer only) fail to
make any payment due to us by the due date for payment, we shall have the right to charge interest on the
overdue amount at the rate of 8% per annum above the then current Bank of England’s base lending rate
accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether
before or after judgment, and compounding quarterly; and
(c) you shall pay all amounts due under this Agreement in full without any deduction or withholding
except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim
against us in order to justify withholding payment of any such amount in whole or in part. We may, without
liming our other rights or remedies, set off any amount owing to us by you against any amount payable by us
10.2 If you are not a business customer with a business account, you shall pay all charges applicable
in respect of the Service(s) provided by us in accordance with the payment terms set out in the Service
10.3 We charge for our Service(s) based on the dimensions and weight of each Consignment. We may check
the dimensions and/or weight of each Consignment. In the event we find that the dimensions and/or weight of
a Consignment have been under-declared by you, you agree:
(a) that the dimensions and/or weight that we reasonably determine may be used for the purpose of the
calculation of our charges;
(b) we may charge any price difference to you in accordance with our current rates and may also charge
an administration fee for correcting such underpayment/additional charge (together, “Correction Charges”);
(c) if you are a business customer with a business account, to pay the Correction Charges in
accordance with clause 10.1;
(d) if you are not a business customer with a business account, to authorise us to debit the
Correction Charges directly from the debit/credit card, Prepay or PayPal account that you used to make the
original payment. If the Correction Charges (whether whole or part) cannot be paid by this means, the
balance is due within 7 days of a relevant invoice being issued to you; and
(e) we may suspend performance of the Service(s) until the Correction Charges are received by us. If
we exercise this right, we shall not be liable to you in any circumstances for any costs or losses arising
directly or indirectly that you may suffer as a result and clauses 6.13 and 8.12 shall apply.
10.4 Should the provision of any Service(s) mean that we have to deliver a Consignment on a bank or
other public holiday, we shall be entitled to make a reasonable extra charge for any additional costs
incurred by us as a result.
10.5 All charges stated, whether by invoice or in the Service Order, shall be exclusive of any
applicable value added tax, which shall be added to the total sum payable to be repaid by you.
10.6 From time to time, we may provide you with a discount code to be used with your order. You may
only use a discount code once with one order.
10.7 In the event that you use the same discount code with more than one order, we may, at our
(a) cease trading with you and/or your business;
(b) remove your ability to place orders with us; and/or
(c) intercept your Consignment(s) and re-direct it to our depot in Bolton. An administration charge of
£15.00 per Consignment is applicable, should you wish for the Consignment(s) to be re-shipped and/or
10.8 We shall be entitled to exercise any possessory rights, or rights of lien (“Lien”) (including the
rights to disposal of the Consignment), available to us over any Consignment in our possession against you.
We have the right to enforce the above Lien notwithstanding the title of the Consignment.
At any time where we offer customers a system of payment on account with bonus credit being applied
to such accounts, we shall refer to such system as “Prepay” and the additional provisions of this clause 11
Your current Prepay credit and any applicable bonus credit shall be separately recorded and the total
balance of these credits shall be shown in your account through our website.
When you accept the Service Order our system will check your Prepay credit and bonus credit balance.
The price set out in the Service Order shall be deducted from the balance. If such deduction would result in
a negative balance then you shall make up the difference in accordance with the provisions of clause 10
(Payment).We may set a minimum Prepay limit from time to time on any credit payments made to your Prepay
account and these will be notified to you through our website (currently £20).
Any payment made on account under the Prepay system shall be deemed as a payment for services to be
ordered from us. After the initial refund period described below our liability to you will be to
provide services to the value of the account balance. Cash balances will not be returned except in
cases where you received a defective service and requested a refund of the unused Prepay cash balance held
on the account. Any such refund shall be provided subject always to the provisions of clause 6 and you
complying at all times with your obligations under clause 12.
If you do not place any orders for a 6 month period we will send an e-mail to the address in your
Account Details to remind you of your balance. This will be repeated at 12 months and 18 months. When
a period of 24 months has passed with no orders placed we will assume that your account is no longer active,
the Prepay balance will expire and you shall have no further claim to such balance (including in order to
pay for services).
If you change your mind after making a payment on account you may request a refund. The procedure for
requesting a refund from your Prepay balance or otherwise is set out in clause 8 above In such cases
the amount refunded will be the sum of the original payment less the value of any services ordered on
12. Your Obligations
12.1 You agree to:
(a) ensure that the information you supply in the Order Schedule is complete and accurate;
(b) co-operate with us in all matters relating to our provision of the Service(s);
(c) provide us with access to your premises, office accommodation and other facilities as reasonably
required by us if any of these are to be the Collection Point or Delivery Point and be responsible for
ensuring that the premises are free of hazardous materials and do not pose a health and safety risk to us ;
(d) provide us with such information and materials as we may reasonably require in order to supply the
Service(s) and ensure that such information is accurate in all material respects.
12.2 You agree that we shall not be required, and that you shall not cause us, to carry anything if it
would be illegal or unlawful for us to do so (either in the UK or any country to which a Consignment is to
be delivered). You agree that should you do this, you will indemnify us against any losses and/or damage
that we may suffer as a consequence.
12.3 We will not, without specific separate written agreement, carry: livestock; liquids; perishable
goods; gasses; glass; pyrotechnics; arms; ammunition; corrosive; toxic; flammable; explosive; oxidising or
radioactive materials. In addition we will not carry any items which are on our prohibited list above.
12.4 We reserve the right to refuse to carry any parcels which are neither the property of, nor sent
on behalf of, you.
12.5 You understand that:
(a) All Consignments shall be accepted at the Delivery Point and that the recipient shall give our
driver an appropriate receipt and you agree that this receipt shall be conclusive evidence of delivery of
the Consignment by us. This clause 12.5(a) shall not apply where such receipt is obtained as a result
of fraud, collusion or dishonesty on the part of our driver.
(b) If there is a strike by any employees of yours, or the employees of any person receiving delivery,
then you agree that our representative shall not be asked to perform any additional duties or any duties of
a strike-breaking nature.
13.1 Unless specifically agreed otherwise, “working days” do not include Saturdays, Sundays or public
13.2 We will not provide any refund or reduction of charges if we receive less than the number of
parcels for which you have contracted.
14. Nature of Agreement
14.1 This Agreement and the Order Scheduleshall constitute the entire contract between us and you and
the contract shall not incorporate, or be deemed to incorporate any provisions of any other documents.
In addition, this contract and the documents referred to above shall supersede any previous contract,
warranty or representation made or given by us relating to the Service(s) set out in the Order Schedule.
15.1 No variation, amendment or cancellation of the terms of this Agreement (other than the Order
Schedule) shall be binding upon us unless and until it is confirmed in writing by a director of us and, for
the avoidance of any doubt, it is declared that no person other than a director has authority to negotiate
or enter into any commitment on behalf of us which would or might (but for this clause) involve us in any
legal liability whatsoever.
16.1 This Agreement may be terminated by either party giving to the other one month’s written notice
of its desire to terminate this Agreement. This Agreement may also be terminated immediately if the other
party breaches any of its obligations under this Agreement or (in the case of an individual) becomes
bankrupt or (in the case of a company) goes into liquidation other than for the purposes of reconstruction
or amalgamation, or has an administrator or receiver appointed over any of its or his property or income or
make any deed or arrangements with or for the benefit of his or its creditors.
16.2 On termination of this Agreement for any reason:
(a) you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in
respect of Service(s) supplied where the Consignment has been delivered but for which no invoice has been
submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
(b) in respect of a Consignment which has already been paid for and which has been received but not
yet delivered, then we shall deliver such Consignment in accordance with the terms of this Agreement;
(c) in respect of a Consignment which has not been paid for but which we have received but not
delivered, we shall return the Consignment to you.
(d) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or
termination shall not be affected, including the right to claim damages in respect of any breach of this
Agreement which existed at or before the date of termination or expiry; and
(e) clauses which expressly or by implication have effect after termination shall continue in full
force and effect.
17. Applicable Law
17.1 This agreement and any dispute arising out of or in connection with it or its subject matter or
formation (including non-contractual disputes or claims) shall be governed by and construed in accordance
with the law of England and Wales
17.2 You irrevocably agree, for our sole benefit that, subject as provided below, the courts of
England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in
connection with this agreement or its subject matter or formation (including non-contractual claims).
Nothing in this clause shall limit our right to take proceedings against you in any other court of competent
jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions prevent us from taking
proceedings in any other jurisdictions, whether at the same time or not, to the extent permitted by the law
of that other jurisdiction