1.1 The following defined terms are used in these Terms:
Appendix: the appendix to these Terms.
Business Day: any day except Saturday, Sunday and English bank holidays.
Charges: means our charges for Consignments which unless we agree otherwise are based on our standard rates card as supplied to You (and available at any time on request).
Claim: any claim or matter in respect of which We may incur Liability.
Consignment: all items that travel under one house airwaybill or consignment label.
Contract: the contract between You and Us to provide Services which is formed when you sign Our account opening agreement or we otherwise agree to provide the Services to You.
Dangerous Items: items that in our opinion are dangerous for carriage.
Law: any domestic or international law, regulation or statute of any federal, state or government or local government which is applicable to the Service and which includes any country from, to or through which the items may be carried.
Liability: liability under or in connection with the Contract or otherwise for damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities.
Order: a request from You for Us to provide the Services.
Other Carrier: a carrier of parcels or mail including trucking and transporters, couriers, postal authorities, delivery agents, commercial and non-commercial aircraft.
Our Website: Our website at www.eparcels.com.
Parcels: parcels, packages and other similar items.
Prohibited Items: items which are or may be prohibited for carriage by Law. Details of such items are in the Appendix and are described on Our Website.
Receiver: the person to whom You tell Us to send a Consignment.
Restricted Items: items which whilst not Prohibited Items are subject to regulation such that We may choose not to handle them. Details of such items are in the Appendix and are described on Our Website.
Sender: the sender of a Consignment (whether You or someone else).
Services: the shipping services that We offer as described in more detail in Our Website
Terms: these terms and conditions.
We, Us, Our: eParcels T/A Hawthorn Distribution LTD
Unit F, North Business Park,
85A Cloghanramer Rd, Newry,
Co. Down, United Kingdom
Company number NI073268
You, Your: the person who places the Order and with whom We enter into the Contract.
2.1 These Terms shall govern and be deemed to be incorporated into the Contract to the exclusion of any other terms or conditions.
2.2 Orders placed and/or Services performed by Us leading to a contract which is not expressed to be subject to these Terms are still subject to them.
2.3 These Terms supersede all previous terms and conditions and shall replace any terms and conditions previously notified to You or by You to Us.
2.4 No variation to these Terms shall be binding on Us unless set out in writing in Our Quote or otherwise agreed to in writing by one of Our Directors.
2.5 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Services unless confirmed by one of Our Directors in writing.
2.6 You acknowledge that You do not rely on any representation and/or warranty that is not set out in writing in the Contract.
3.1 Our quotes are only valid for 30 days or such other period as they may state. We may withdraw them during this period by notice. Quotes are only legally binding offers if they state that they are.
3.2 You are responsible for the accuracy of each Order and for giving Us all the information which We require to perform the Contract.
4.1 We are not obliged to handle (and You will ensure We are not asked to handle) Dangerous Items or Prohibited Items. We are not obliged to handle Restricted Items unless we agree to do so in writing.
4.2 If We become aware that any consignment constitutes any of the above then We may dispose of it as We see fit or require You to do so and indemnify Us in full as a consequence of any Liability which We may incur as a consequence. In such circumstances, We may retain and/or be paid the Charges as if the Consignment had been delivered.
4.3 We do not want to be associated with counterfeit goods and upon suspicion of such goods being imported, Customs will be informed. It is prohibited in many countries to introduce counterfeit goods and where proven the Customs authority will seize the goods and penalize You or the Receiver.
4.4 We will not deliver Consignments to PO boxes.
4.5 We are unable to accept BFPO Box addresses.
4.6 We will deliver Consignments to the Receivers address as given by You but We are not obliged to deliver them to the named Receiver personally.
4.7 Consignments to addresses with a central receiving area will be delivered to that area.
4.8 We may notify the Receiver of an upcoming delivery or a missed delivery. The Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a Collection point. Shipper has the option to exclude some delivery options on request.
4.9 If We deem a Consignment to be unacceptable or it has been undervalued for customs purposes, or the Receiver cannot be reasonably identified or located, or the Receiver refuses delivery or to pay Customs Duties or other Consignment charges, We shall use reasonable efforts to return it to You at Your cost. However if We are unable to do so the Consignment may be released, disposed of or sold without incurring any liability whatsoever to You or anyone else, with the proceeds applied against any unpaid Customs Duties, Charges and related administrative costs with the balance of the proceeds of a sale to be returned to You.
4.10 We may destroy any Consignment which any Law prevents Us from returning to You as well as any Consignment of Dangerous Items.
4.11 We have no responsibility to You (or otherwise, so far as the Law permits) for ensuring the compliance with Law as to the items within Consignments. That is Your responsibility and You will make suitable investigations to ensure compliance.
4.12 If shipping food or other items for ingestion or consumption to the USA You must ensure You have the necessary Food and Drug administration authorisations (FDA.GOV). Selected examples of items requiring FDA approval are listed in the Appendix and on Our Website.
We have the unfettered right to determine the mode of transport which is to be used for each Consignment, including the use of third party carriers and the modality of transport.
5.2 We may make changes to the manner in which We deliver the Services as required from time to time by law, applicable safety requirements or manufacturing requirements provided that they do not have a material adverse effect on the quality and/or performance of the Services.
5.3 We may comply with a request from You to postpone Services but are under no obligation to do so. If performance is postponed by You then You will still be liable for the Charges plus for any additional costs that We incur as a consequence.
5.4 We will use Our reasonable commercial endeavours to ensure performance on any dates specified but they are estimates only and are not guaranteed. Time is not of the essence in relation to such dates.
5.5 We are only required to deliver Consignments to the address which you provide for the Receiver. We are not obliged to ensure that Consignments are delivered to the person who is the Receiver.
5.6 We may engage Other Carriers to perform Services. In such circumstances, the Other Carrier’s may have additional terms and conditions which We may choose to incorporate into the Contract, and you shall be subject to them. We will tell You where that is the case.
5.7 We are not liable for a breach of or failure to perform which is directly or indirectly caused by circumstances beyond its reasonable control and which for these purposes include strikes, blockades, shortages of labour, the effects of Brexit, a shortage of funds, breakdown of plant, machinery or equipment, sub-contractor failure, changes in law, war, terrorist act, social commotion, extremes of weather, flood, road closures, accident, illness, fire or act of God.
6.1 You shall ensure that all Parcels are adequately packed and labelled otherwise We may refuse to handle them.
6.2 Details of packaging and labelling requirements can be found on Our Website.
6.3 We may open and inspect a Consignment without notice for safety, security, customs or other regulatory reasons.
We may perform any of the following activities either on Your or the Receiver’s behalf in order to carry out the Services: (1) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under Law, (2) act as Your forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect a Consignment to Receiver’s customs broker or other address upon request by any person who We reasonably believe to be authorized.
8.1 You shall pay the Charges in return for Us supplying the Services. Our Charges exclude VAT unless stated otherwise.
8.2 For undelivered returns where it is possible to have them returned You will be charged at the same rate as the outbound charge plus the cost of repatriation to Your premises. You will be given the option to Destroy to reduce the cost of return.
8.3 For undelivered returns you may be asked to sign a Returned Goods Relief agreement to allow us to return undelivered parcels in to the UK without incurring duty and tax on British returned Goods.
8.4 Certain Charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by Us. The calculation We use to determine volumetric weight is: Length x height x width divided by 5000.
8.5 You are responsible for all third party taxes, duties, brokers fees and similar levies relating to the Services (Customs Duties). We may require You to pay Customs Duties before delivery. If We use Our credit with the Customs Authorities or Our Brokers advances any Customs Duties on behalf of a Receiver who does not have an account with Us, We may apply a surcharge.
8.6 Pro Carrier reserves the right to weigh and measure all parcels and reserves the right to use that information to determine the charges to be passed to the customer.
8.7 We may increase the Charges at any time on notice to You to take account of increases in Our costs, expenses and/or materials which We incur or are expecting to incur to perform the Services.
8.8 We also may levy a surcharge if We are required to perform additional work because of any request by You to change the Services or Our other duties under the Contract, any delay caused by Your instructions or lack of them including Your failure to give Us adequate or accurate information or instructions or if the Services become harder to perform because of circumstances outside our control.
8.9 In the event we must correct data to We reserve the right to charge the following: 1) If the data can be auto fixed then we reserve the right to charge a fix fee of £0.21p per call out. 2) If still cannot be fixed and we have to manually fix your data we reserve the right to charge £1.50 per fix per shipment
8.10 Our payment terms are agreed on an account to account basis.
8.11 You shall pay all sums due to Us without any set-off, deduction, counterclaim and/or any other withholding of monies.
8.12 Payment shall not be deemed to be made until We have received either cash or cleared funds in respect of the full amount outstanding.
8.13 If payment in full is not made to Us when due then We may withhold or suspend future or current performance of the Services and performance under any other agreement with You.
8.14 We may set a credit limit for You. Changes in Your credit limit will be notified to You from time to time. We may refuse to accept Orders and/or to suspend the Services if not doing so would result in You exceeding Your credit limit or the credit limit is already exceeded.
9.1 Nothing in the Contract shall transfer from one party to the other any intellectual property rights owned by or licensed to it or developed by or on behalf of it.
9.2 Any intellectual property rights which come into existence as a result of the supply of the Services or which relate to the manner in which they are performed shall belong to Us.
9.3 Each party agrees with the other that it will keep all confidential business information regarding the other party confidential and not disclose or use such information which may be disclosed to it or which it may learn except where such information is public knowledge or it is required to be disclosed by law.
10.2 If the Services require that the Customer makes Personal Data (as defined in the Data Protection Legislation) available to Us You will ensure that You have all necessary appropriate consents and notices in place to enable the lawful transfer of such Personal Data.
10.3 Our GDPR policy can be found on our website under Useful Information.
11.1 We may suspend our performance of the Contract and/or terminate it if You:
11.1.1 fail to make any payment to Us when due;
11.1.2 breach the terms of the Contract and, if the breach is capable of remedy, have not remedied the breach within 14 days of receiving notice requiring the breach to be remedied; and/or
11.1.3 appear to Us due to Your credit rating to be financially inadequate to meet Your obligations under the Contract.
In such circumstances all monies owed by You to Us shall become immediately due.
11.2 We shall have a lien over all property or goods belonging to You which may be in Our possession in respect of all sums due from You to Us. If We consider there is no reasonable prospect of You paying our Charges our remedies shall include the right to sell any of Your property in Our possession and to offset the proceeds against sums you owe Us.
12.1 Our Consignment Liability is conditional on You complying with the claims procedure in this Condition 12.
12.2 Claims must be brought within 30 days of the date We receive the relevant Consignment. We shall have no liability whatsoever for Claims made outside this period.
12.3 You may only make one claim per shipment.
12.4 Any settlement of a Claim is full and final as to all Liabilities in connection with it and the Consignment to which it relates.
12.5 Claims may not be made (and We have no liability for) for any Consignment that includes Dangerous Items, Prohibited Items, Restricted Items or any other item we have refused to carry.
12.6 As regards Claims for damage, the original packaging must be retained, and photographic evidence of the damage must be provided. If the type of packaging is deemed as inappropriate and/or fails to comply with Condition 6 the Claim will be rejected.
12.7 Claims must be accompanied by (a) the cost invoice of the Consignment to which the Claim relates; and (b) written evidence of how it is alleged that We are liable together with written details of how loss was caused by Us and the steps You have taken to mitigate the loss.
12.8 Our Liability for Consignments which are lost, damaged, destroyed, misdelivered or similar as a consequence of our breach of Contract or negligence is limited.
12.9 If You require greater protection then We will agree to modify the limitations and extend Our guarantees in return for the payment of a higher charge for the Products and/or Services.
12.10 We shall have no Liability to You to the extent that You are covered by an insurance policy and You shall ensure that Your insurers do not have subrogation rights to bring claims against Us.
12.11 Subject to Condition 12.12 We shall have no Liability to You for any Claim
12.11.1 relating to ordinary leakage, loss in weight or volume, or wear and tear of the shipment, loss, damage or expense caused by insufficiency or, unsuitability of packaging or, preparation of the shipment inherent
vice or nature of the shipment;
12.11.2 caused or made worse by Your wilful misconduct;
12.11.3 for any special or punitive damages or for indirect or consequential loss; or
12.11.4 for any pure financial losses suffered by You or for any loss of business, income, savings, reputation, profit or wasted costs.
12.12 Nothing in the Contract shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other liability which it is not permitted to exclude or limit as a matter of law.
12.13 Subject to Conditions 12.8 and 12.12 Our total Liability to You in relation to any one claim shall not exceed the Charges paid for the Service to which the claim relates.
13.1 No waiver by Us of any breach of the Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
13.2 All warranties, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.
13.3 If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of its other provisions of the Contract shall be unaffected and shall remain in full force and effect.
13.4 You shall not assign Your interest in the Contract (or any part) without Our written consent.
13.5 All third party rights are excluded and no third party shall have any right to enforce the Contract.
13.6 This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.