Terms and conditions
Here at Whippet we firmly believe that our relationship with you, our customer, should be based on the principles of trust and great service.
Our lawyer has told us that we should tell all our customers about the terms and conditions under which we carry out our business. We asked them to keep it short and this is what they came up with - lots of legal stuff which is set out in full below. When you instruct us to collect or deliver goods for you we accept the business on these terms. Please read these and note, in particular, the jolly important bits about our terms of payment and limitations of liability.
Whippet Couriers Terms of Trading
1. “The Courier” means Whippet Couriers.
2. “Goods” means any documents or items of any property, including containers and packaging, consigned by the Customer from one address to another.
3.“Customer” means any individual, firm, body corporate, unincorporated association, or any other body who consigns Goods as aforesaid using the services of the Courier and includes the Customer’s servants or agents.
4. All and any business undertaken by the Courier is transacted subject to these Conditions. The Customer’s terms and conditions of trading shall only be effective to the extent to which they are not inconsistent with these Conditions. Any Customer who objects to these Conditions must, prior to giving instructions, inform the Courier of the objections in writing and any such objection shall take effect only upon it being accepted in writing by a General Manager of the Courier.
5. Employees, servants, agents and officers of the Courier have no authority to make oral or written representations, warranties or promises about the Courier’s business or services which are inconsistent with these Conditions and the Customer waives all rights which may otherwise arise in relying upon the same. Only a General Manager of the Courier has authority to vary these Conditions and then only to the extent that the variation is expressed in writing to be a variation hereof.
6. The Customer warrants that it is either the owner or the authorised agent of the owner of the Goods and that it is authorised to accept and is accepting these Conditions not only for itself but also as agent for and on behalf of all other persons who are or may thereafter become interested in the Goods. These conditions are personal to the Customer and the Customer may not assign, licence or sub-contract any or all of its rights or obligations under them without the Courier’s prior written consent.
7. All invitations and quotations by the Courier for the use of its services are given on the basis of prompt instructions given by the Customer, and shall only remain open for instruction by the Customer for a period of five days, unless withdrawn, revoked or varied by the Courier prior to instructions (and subject to availability of vans and drivers at the time of instructions). All charges quoted by the Courier are exclusive of Value Added Tax which is charged in addition at the prevailing rate applicable under governing law.
8. The instructions of the Customer shall constitute an offer by the Customer to the Courier to enter into contractual relations with it and such instructions, once accepted by the Courier, shall give rise to a binding contract between the parties governed by these Conditions and the Customer will pay the charges of the Courier for the business required, whether or not the Customer thereafter wishes to withdraw, revoke or vary those instructions, or otherwise makes it impossible for the Courier to perform its obligations thereunder unless, in any case, the Courier otherwise agrees in writing. Collections and deliveries which take more than fifteen minutes at the collection or delivery address will be subject to a surcharge. Current surcharge rates for additional loading and waiting time are available upon request. Any time specified for delivery of the Goods is not of the essence and delivery times are estimated and not guaranteed. The Courier will use all reasonable endeavours to ensure that the Goods aredelivered by the estimated time but the Courier shall not be liable to the Customer, or be in breach of contract, for any delay in delivery howsoever caused.
9.(a) For non-account Customers payment shall be made in full to the Courier at the time the Customer’s instructions are accepted by the Courier. For account Customers, invoices shall be paid within no more than 30 days of the invoice date. Where payment is not received by that date, interest and other charges will become due at the rates contained within the Statutory Instruments issued under The Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time.
9.(b) Where any invoice is more than 45 days overdue, then all outstanding invoices issued to that Customer, whether or not due for payment, shall become immediately payable and shall attract interest from that date at the rates contained within the Statutory Instruments issued under The Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time. Without prejudice to the foregoing the Courier at its absolute discretion may withdraw credit facilities at any time and the balance outstanding shall become due immediately on demand.
10. The Customer promises that the Goods will be sufficiently, securely and properly packed and labelled and will be fit and safe to be carried by the Courier by road (and by rail or sea, if applicable). The Courier shall, if so required, sign a document prepared by the Customer acknowledging receipt of the Goods but no such document shall be evidence of the condition or of the correctness of the declared nature, quantity or weight of the Goods at the time it is received by the Courier. The Customer warrants that the Goods will not exceed any size or weight restrictions which the Courier shall from time to time specify. The Courier shall not be under any obligation to provide any plant, power or labour required for loading or unloading the Goods. The Customer warrants that anylabour and special equipment required for loading or unloading the Goods will be provided or procured by the Customer. Any assistance the Courier’s driver provides to load or unload Goods will be provided at the Courier’s discretion and is at the Customer’s sole risk and the Courier will not be liable for any damage caused (whether negligently or otherwise). The Customer will indemnify the Courier and keep the Courier indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which the Courier suffers as a result of the provision of such assistance.
11. The Customer warrants that the Goods shall not comprise or include perishable items, bullion, cash, precious stones, jewellery, antiques, works of art, valuables, livestock or plants.weapons, ammunition, controlled drugs (within the meaning of the Misuse of Drugs Act 1971 or any Statutory amendment of or substitute for that Act), industrial chemicals, unlawful, noxious, dangerous, hazardous, inflammable or explosive items of any kind, or any items which may not otherwise be collected, carried, stored or otherwise possessed, delivered, imported or exported into or from any country, region or place without declaration, licence or other permission from any statutory or regulatory body. The Customer shall be liable for all loss or damage whatsoever and howsoever caused by, to or in any connection with Goods described by this clause and, without prejudice to the Courier making claims on any basis for damages, the Customer will indemnify and hold harmless the Courier against all fines, penalties, actions, claims, damages, losses, costs and expenses, whatsoever and howsoever arising in any jurisdiction in connection therewith. Without prejudice to any of the Courier’s other rights contained in these Conditions, Goods aforesaid may be destroyed, abandoned, released, surrendered or otherwise dealt with at the sole discretion of the Courier, or by any other person in whose custody they may be at the relevant time, without liability on the part of the Courier to the Customer. The Courier may at anytime at its sole and reasonable discretion refuse to carry any Goods.
12. The Customer shall be responsible for arranging for the Goods to be carefully checked immediately upon receipt by the consignee or other recipient of the Goods.
13. Any query regarding the performance of the obligations of the Courier in relation to these Conditions, including, without limitation, as regards price, invoice payment, loss, non-delivery in whole or part, damage or mis-delivery of, to or from Goods (howsoever caused) shall be made in writing and notified to the Courier within no more than 2 days of the date upon which the Customer became or should have become aware of the event or occurrence alleged to give rise to such query and shall be supported where appropriate with a quantified claim made in writing to the Courier within 7 days of the date aforesaid and any rights of the Customer arising in relation to any query not made, notified and where appropriate quantified as aforesaid shall be deemed to be waived and absolutely barred, except where the Customer can show that it was impossible for it to comply within the time limits aforesaid and that it has made the query as soon as it was reasonably possible for it to do so.
14. Subject to express written instructions given by the Customer, the Courier reserves to itself absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of Goods. Further, if, in the opinion of the Courier, it is at any stage necessary or desirable in the Customer’s interests to depart from those instructions, the Courier shall be at liberty to do so.
15. The Courier shall not be liable for any delayed or non-performance or any loss or damage where liability would otherwise arise or be caused by any matter outside its reasonable control, including but not limited to:
(a) any act of God including adverse weather conditions, fuel shortages and power failures;
(b) any war, invasion, act of foreign enemy, hostilities (whether war is declared or not), civil war, rebellion, insurrection, or military usurpation of governmental power, confiscation, requisition, destruction of, or damage to property;
(c) any riots, civil commotion, strikes, lockouts, general or partial stoppage or restraint of labour from whatever causes;
(d) any seizure under legal process;
(e) any act or omission of the Customer or those for whom he contracts or of the servants or agents of either;
(f) the inadequate or improper packing of the whole or part of the Goods;
(g) the insufficient or incorrect labelling or addressing of the Goods;
(h) the addressee of the Goods not accepting delivery of the Goods upon first attempt of delivery by the Courier at the stated address;
(i) adverse traffic conditions causing delay by reason of traffic congestion, accident, roadworks or otherwise.
16. Unless expressly specified in writing at the time of instruction Goods are delivered to the delivery address but not necessarily personally to the named the party specified on the goods or consignment note to whom the Goods are to be delivered. The Courier may effect physical delivery of the Goods at the address shown thereon by presenting the same to any person as may appear to the Courier to be authorised or competent to accept them on behalf of the addressee, or the Courier may leave the Goods at any place at the address aforesaid as may appear to it to be intended or suitable for this purpose and delivery in accordance with the foregoing shall in favour of the Courier as against the Customer constitute sufficient performance of the Courier’s delivery obligation hereunder unless otherwise specifically instructed in writing by the Customer.
17. The Courier may (but shall not be obliged to) require acknowledgement of delivery of Goods to be given at point of delivery and any such receipt, if given by a person appearing to the Courier to be authorised or competent in that regard, shall in favour of the Courier against the Customer and the addressee constitute good receipt and shall be conclusive evidence of the fact of proper delivery of the Goods pursuant to these Conditions.
18. One attempt to deliver will be made by the Courier. The Courier shall notify the Customer by telephone in circumstances where upon attendance at the addressee’s address it seems to it to be inappropriate or impossible to effect delivery of the Goods to the addressee or to obtain acknowledgement of delivery satisfactory to it. In such circumstances the Courier shall be deemed to have completed the Customer’s instructions and the Courier’s statement of non delivery with reasons shall be sufficient performance of the Courier’s delivery obligation hereunder. Any further re-deliveries will need to be the subject of separate instructions and payment by the Customer.
19. The Courier shall have a general lien on any consignment of Goods for its charges for the carriage or storage of those or any other Goods supplied by the Customer and for any other monies due from the Customer to the Courier and in default of payment of any monies due to the Courier from the Customer on any account whatsoever the Courier may without notice to the Customer appropriate any Goods aforesaid and sell them as if the Courier as against the Customer and the purchaser were the absolute owner and to pass unencumbered title to the purchaser provided that the Courier will apply the proceeds of sale towards monies due from the Customer to it after appropriating to itself any reasonable expense of sale.
20. If the Customer (otherwise than through the Courier) employs or engages the services directly or indirectly of any employee or independent contractor to the Courier whose services at any time during 12 months before then shall have previously been supplied by the Courier to the Customer, the Courier shall be entitled to charge a fee to the Customer for the introduction of such employee or independent contractor equivalent to 15% together with Value Added Tax thereon of the final annual salary or earnings of such employee or independent contractor derived from the Courier calculated by reference to the amount earned during the last month of employment or service and the Customer will pay the same on demand.
21. The Courier shall have no liability in any circumstances for any lawful or unlawful delay or detention of Goods or for any consequential loss, damage or deterioration arising therefrom.
22. It shall be the responsibility of the Customer to satisfy itself that any load it wishes to have carried by the Courier shall be suitable for conveyance in the vehicle ordered by the Customer and provided by the Courier and if the Customer accepts the vehicle offered by the Courier for the carriage of such load, the Courier shall have no liability whatsoever for any loss or damage to such load arising from the unsuitability of such vehicle.
23. The Courier shall only be responsible for any loss or damage to Goods or any non-delivery if it is proved that the loss, damage, non-delivery or mis-delivery occurred whilst the Goods were in the custody of the Courier or under its control and that such loss, damage, non-delivery or mis-delivery was due to the negligence of the Courier.
24. The Courier shall not under any circumstances by liable to the Customer for any indirect or incidental or consequential damage or loss whatsoever including but not limited to lossof profit, or for loss of a particular opportunity or market or goodwill suffered or incurred by the Customer, whether resulting from breach of contract or the negligence of the Courier or otherwise.
25. Where notwithstanding these Conditions the Courier is found to have liability to the Customer, the Courier shall not be liable for any claims, costs, damages, losses and expenses by whomsoever made or incurred in excess of the limitations of liability stated within these Conditions, whether or not resulting from the negligence of the Courier.
26. (a) The liability of the Courier in respect of any one consignment of Goods shall be limited to the lower of:
(i) an amount calculated (by reference to the gross weight of the Goods and packaging as specified on the consignment note and if no weight is specified the actual gross weight of the Goods and packaging) at a rate of £10 per kilo up to a maximum of 1000 kilos per consignment subject to a minimum of £10; or
(ii) the cost value of the Goods to the Customer; or
(iii) in the case of damaged Goods the cost of repair of such Goods.
(b) In the event that part only of a consignment of Goods is lost, damaged or mis-delivered, the liability of the Courier shall be limited to the lower of:
(i) that amount which bears the same proportion to the amount calculated in accordance with sub-clause 26(a) above as the actual value of the lost, damaged or mis-delivered part of the Goods bears to the actual value of the whole of the Goods; or
(ii) the cost of repair of any damaged part.
27. The Courier may subcontract all or any part of its business and every reference to the Courier in these Conditions shall include every employee, agent or subcontractor of the Courier.
28. The Customer acknowledges and agrees that provisions in these Conditions excluding or restricting liability of the Courier or allowing the Courier to perform obligations differently or no at all are reasonable having regard to, among other things, the existence of other suppliers of similar services available to it before entering contractual relations with the Courier. The invalidity, unenforceability or illegality of any provision in these Conditions shall not affect any other part of these Conditions.
29. All agreements between the Courier and the Customer shall be governed and construed in accordance with English Law and the parties hereby submit to the exclusive jurisdiction of the English courts. Nothing in these Conditions shall restrict or exclude liability of the Customer or the Courier for any liability that cannot be limited or excluded by governing law.
- Same Day & Overnight Services
- Same Day Courier Service
- Same Day UK Delivery
- Express Pallet Delivery
- Business Deliveries
- Secure Document & Data Courier
- Modern Fleet of Small & Large Vehicles
- Dedicated Vehicles & Couriers
- Mobile and GPS Enabled Vehicles
- Drivers Carry Whippet Photo ID Badges
- Secure & Confidential Service
- Specialist Courier Services
- Exhibition & Trade Show Delivery
- 24 Hour & 365 Day Courier Service
- TV & Production Courier
- No Preset Weight & Size Limits
- Mobile and GPS enabled vehicles
- Confidential, Safe & Secure
- United Kingdom & European Coverage
- Nationwide Collections
- Scheduled & On Demand Services
- E Mail & SMS Updates
- Local & National Deliveries 24/7
- Flexible Payment Options
- Online Payments & Invoice Accounts