Website Same Day Courier Terms — NW Sameday
NW Sameday aims to ensure a quality, stress free and reliable Courier Service.
In these Terms and Conditions, where the following terms are used, they shall have the following meanings:
(a) “we”, “our”, “us”, “NW Sameday” refers to NW Sameday. (b) “Booking” means a Customer’s request for Services howsoever communicated to us, as evidenced by our records. (c) “Consignment/Goods” 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 address. (d) “The Collection Point/Address” means the address at which a Consignment is received or collected by us. (e) “Service” means the service and carriage of a Consignment by us in accordance with the particulars set out in the Service Order.
Acceptance of Terms
By accessing www.nwsameday.com (“the Website”) or reading this document, you agree to be bound by the terms and conditions set out herein and you accept our Privacy Policy.
Aggressive or Abusive Behaviour
Our staff and drivers are vital to the successful running of NW Sameday. We will not tolerate abusive or aggressive language or behaviour towards them at any time.
Aggressive or abusive behaviour includes language (whether verbal or written) that may cause staff to feel afraid, threatened, or abused, and may include threats, personal verbal abuse, derogatory remarks, and rudeness. We also consider inflammatory statements, remarks of a racial or discriminatory nature, and unsubstantiated allegations to be abusive behaviour.
Force Majeure
Every effort is made to ensure that we deliver everything we promise; however, we cannot guarantee that this will always be possible. External factors beyond our control may affect the successful collection and delivery of goods and services at promised times. If at any time we are prevented or delayed from starting, carrying out, or completing any of the Services because of Acts of God, 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 you may suffer as a result — provided that, where the delay is caused by mechanical breakdown of one of our vehicles, we shall use our best endeavours to provide a replacement vehicle with the minimum delay practicable.
Under no circumstances will we be responsible for the loss of income, revenue, business, contacts, or goodwill in relation to any of the services we provide. packaging, including but not limited to pallets that are not correctly wrapped, stacked, or secured.
Damages
We cannot accept responsibility for any incidents, accidents, or damage to belongings, or any instances of lost property, which occur after the job has been delivered and completed.
We also do not accept responsibility for damaged items resulting from poor, incorrect, or inadequate packaging — see “Packaging Responsibility” above.
Damage to Property
If we cause damage as a result of moving goods under your express instruction, against our advice, and where moving the goods in the manner instructed is likely to cause damage, we shall not be liable.
If we are responsible for causing damage to your premises or property, you must note this on the worksheet or delivery receipt as soon as practically possible, or within a reasonable time. This is fundamental to the Agreement.
Insurance
Although every care is taken when we handle your goods, things can go wrong.
Our Goods in Transit insurance covers your items up to the value of £20,000 per van. Public Liability cover is £1,000,000 per van.
Loading and Unloading
It is the responsibility of the person who books our Service(s) to ensure that the location of delivery and collection complies with all government-recommended Health and Safety at Work requirements.
If heavy items are to be transported, lifts or lifting aids must be available. We shall not be under any obligation to provide equipment, with the exception of a trolley. Any Consignment (or part of a Consignment) requiring special equipment for loading and unloading shall be accepted by us for transportation only on the understanding that such equipment will be made available at the Collection Point and Delivery Point as required.
Where such equipment is not available and we agree to load or unload the Consignment regardless, we shall be under no liability or obligation of any kind for any damage caused during loading or unloading — including damage caused by our negligence — and you agree to indemnify and hold us harmless against any claim arising from our agreeing to load or unload the Consignment in these circumstances.
Drivers reserve the right to refuse heavy lifting if they believe it may affect their health.
Venues with stairs and access restrictions must be reported to us at the time of booking, so that we can make appropriate provisions when sending drivers out.
Orders
When providing a store/retail pick-up service, stores must be made aware in advance. Orders will be deemed to have been placed when an email confirmation, delivery/collection note, or receipt has been received. Customers will be charged the full service amount if goods or services are not released to us due to lack of evidence of purchase.
Quotations
The prices and delivery times stated in any quotation are not binding on the Company. They are commercial estimates only, which the Company will make reasonable efforts to achieve.
We reserve the right to amend a quoted price if the task or circumstances lead to an increase in time, mileage, or extra cost — for example, if a collection is arranged and the goods are not ready, requiring the driver to wait.
Payment
All rates quoted are exclusive of Value Added Tax and are therefore subject to 20% VAT.
If you do not have a business account with us, you shall pay all applicable charges in accordance with the payment terms set out at the time of booking. Payments upon completion are to be made by debit or credit card, or bank transfer.
Business account customers:
You shall make payment to us within 30 days / 30 days of the end of the month in which the relevant invoice is issued.
Without limiting any other right or remedy, if you (as a business customer) fail to make payment by the due date, we shall have the right to charge interest on the overdue amount at 2% per annum above the Bank of England’s base lending rate, accruing daily from the due date until payment is made in full, whether before or after judgment, compounding quarterly.
You shall pay all amounts due in full without deduction or withholding except as required by law, and shall not assert any credit, set-off, or counterclaim to justify withholding payment. We may set off any amount owed to us against any amount payable by us to you.
Where a Service requires delivery on a bank or public holiday, we shall be entitled to make a reasonable extra charge for any additional costs incurred.
Termination of Business Accounts
This Agreement may be terminated by either party giving the other one month’s written notice. It may also be terminated immediately if the other party breaches any of its obligations, or (for an individual) becomes bankrupt, or (for a company) enters liquidation other than for reconstruction or amalgamation, or has an administrator or receiver appointed.
On termination, for any reason:
(a) You shall immediately pay all outstanding unpaid invoices and interest; for Services already delivered but not yet invoiced, we shall submit an invoice payable immediately on receipt. (b) For a Consignment already paid for and received but not yet delivered, we shall deliver it in accordance with this Agreement. (c) For a Consignment not yet paid for, received but not delivered, we shall return it to you. (d) Accrued rights, remedies, obligations, and liabilities at expiry or termination are unaffected, including the right to claim damages for any breach existing before termination.
Our Right to Hold the Goods (Lien)
We shall have the right to withhold, and ultimately dispose of, some or all goods until you have paid all charges and other payments due under this or any other Agreement, including any charges we have paid on your behalf. While we hold the goods, you remain liable for all storage charges and other costs incurred as a result, and these terms continue to apply.
Right to Subcontract
Unless otherwise agreed, we shall be entitled to subcontract all or part of the work during peak periods, at our own expense, to support our provision of the Service. You agree that both we and any subcontracted carrier are entitled to the protection of all terms in this Agreement that exclude or limit liability for loss or damage.
Your Obligations
You agree to:
- Ensure that the information you supply when booking our Service(s) is complete and accurate.
- Ensure that all goods and pallets are properly and adequately packaged, secured, and wrapped prior to collection, in a manner suitable for transport and appropriate to the nature of the goods. (new)
- Co-operate with us in all matters relating to our provision of the Service(s).
- Provide us with access to your premises, office accommodation, and other facilities as reasonably required if these are to be the Collection Point or Delivery Point.
- Provide us with such information and materials as we may reasonably require to supply the Service(s), and ensure this information is accurate in all material respects.
You agree that we shall not be required, and shall not be caused, to carry anything that would be illegal or unlawful for us to carry (in the UK or any destination country). Should this occur, you agree to indemnify us against any resulting losses or damage.
We will not, without specific separate written agreement, carry: livestock; liquids; perishable goods; glass; gases; pyrotechnics; arms; ammunition; corrosive, toxic, flammable, explosive, oxidising, or radioactive materials — or any item on our prohibited list.
We reserve the right to refuse to carry any parcels or goods that are neither the property of, nor sent on behalf of, you.
You understand that:
- All goods shall be accepted at the Delivery Point, and the recipient shall give our driver an appropriate receipt; this receipt shall be conclusive evidence of delivery (this does not apply where the receipt was obtained through fraud, collusion, or dishonesty on the part of our driver).
- If there is a strike by any of your employees, or employees of any person receiving delivery, our driver will not be asked to perform any additional or strike-breaking duties.
Our Obligations
We will carry out the Service(s) for you while this Agreement is in force, in return for payment of the price set out in the Service Order, in accordance with this Agreement.
We may make any changes to the Service(s) necessary to comply with applicable law or safety requirements, or which do not materially affect the nature or quality of the Service(s), and we will notify you of any such changes.
We warrant that the Service(s) will be provided using reasonable care and skill.
We will not move items from a loft, or disconnect, reconnect, dismantle garden furniture and equipment (including but not limited to sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes), or reassemble appliances, fixtures, fittings, or equipment. Our insurance does not cover this work; we recommend a properly qualified person is separately employed for these services.
Governing Law
This contract, and all disputes arising out of its performance, shall be governed by and construed in accordance with the laws of England. The parties submit to the exclusive jurisdiction of the English Courts to resolve any disputes in relation to this contract, including its performance.