Express My Stuff
Please read these Terms and Conditions very carefully, which set out the extent of our liability under these Terms and Conditions and provide for an indemnity by you in certain circumstances.
Please note that certain items are Prohibited Items – http://www.expressmystuff.co.uk/prohibited-itemsno-compensation-items-list/ 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 compensation cover for damage or loss, regardless of whether compensation cover is taken out. 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.
Certain other items are carried without compensation cover for damage and at your risk, regardless of whether compensation cover is taken out.
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 address.
(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 Compensation Items” means items that are carried without compensation cover 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) “The Collection” means the address at which a Consignment is received or collected by us.
(h) “The Drop Off” 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, and/or
(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 faster, and/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) “This Agreement” means these terms and conditions, together with the Order.
(l) “Us, We or Our” means Express My Stuff Ltd, 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) Couriers: The various different agents we use to carry out our services.
(o) “Working Day”: Any day other than a Saturday, Sunday, Bank or Public Holiday, Good Friday, Christmas Day and any other day on which the respective courier may be closed. It also means only the equivalent in the country of destination or any intermediate country.
(p) “Weight”: Actual weight in Kgs or Lbs.
(q ) “Volumetric Weight”: Volumetric weight is calculated by multiplying the three dimensions of the Goods in centimetres and dividing by 5000.
- 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 Agreement.
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.
We endeavour to ensure that all of the information and prices displayed both on our Express My Stuff website are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the Service(s) that you wish to book before your order is confirmed.
- Loading and Unloading
4.1 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 the loading or unloading of a Consignment.
4.2 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.
- Collection and Deliveries
5.1 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. This will either be a neighbour who is willing to accept the luggage on your behalf or a local access point when shipping with DHL.
If we are unable to deliver the Consignment, either to the Delivery Point or a nearby access point address, we shall return the Consignment to the DHL premises and leave a request for the recipient of the Consignment to contact the courier 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).
5.2 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 Clause 7.7.
5.3 The Company will not accept or deal with bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock, pets or plants. Should any Customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods the Company shall be under no liability whatsoever for or in connection with such goods howsoever arising.
5.4 If a collection has failed on an agreed collection date, due to you being unavailable during the agreed timeframe, an administration charge of £20 will apply for each collection that needs to be rescheduled, and taken automatically from your original payment method.
5.5 If the delivery address is incorrect and needs to be rectified during the transit of the packages/luggage/boxes, a £5 plus VAT administration charge will apply and taken automatically from your original payment method.
5.6 If the delivery destination/receiver rejects to accept the luggage/packages/boxes when the delivery is attempted then your luggage/packages may be be returned to sender, where it was originally collected from and you will not receive a refund for the shipment. It is your responsibility to ensure that the delivery destination is aware of the delivery to avoid any delay and possible additional charges for another shipment.
6.1 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.
- Our Liability
If no protection is purchased at the time of booking, you will not be protected for loss or damage above the standard rate offered of £60 per item and we strongly advise you to protect your items for the full value. Also please note that you are responsible for certifying the true value of the parcel’s contents from a purchase order, invoice, receipt or similar proof of value.
Whilst our full terms and conditions still apply, please ensure you read them carefully. Without replacing our full terms we, draw your attention specifically to the following:-
- You will ensure that all parcels are packaged safely and securely in a manner appropriate for the item being sent
- You will ensure that all packages/luggage/boxes are correctly and clearly labeled
- If your package/luggage is a value higher than the compensation selected, you will take out appropriate extra compensation to compensate the extra value OR take the risk of loss or damage
- You will notify us of any potential claims against us as soon as possible and no later than 7 days (damage) and 14 days (for loss)
- In the event of a potential claim we will require proof of value (excluding any expected profit – which we exclude from liability) and photographs of packaging and any alleged damage
- If we pay out on a successful claim we retain the right to the contents of the packages/luggage/boxes to deal with (sell or destroy for example) as we, in our sole discretion, see fit.
By continuing without opting for full compensation, you acknowledge and agree that:
- You understand and are aware of the limit of our liability for the packages/luggage/boxes.
- You have checked the article against the Prohibited Items List and the Non-Compensation Item List found here – http://www.expressmystuff.co.uk/prohibited-itemsno-compensation-items-list/
- The prohibited list is only indicative. If you have an item that is similar to or could be confused with an item on the list then you should check with us before booking and sending the item.
- You accept that the responsibility for checking your item against these lists is yours and yours alone
7.1 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.
7.2 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.
7.3 We have a duty to select the suppliers/subcontractors of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
7.4 We will not be responsible or pay you compensation for any loss, damage, expense, cost or other claim of any description if it results from:-
- a)The act(s) and/or omission(s) of the person(s) affected;
b)The act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
c) Unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
d) An event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
As responsible businesses, the Suppliers we have selected will do their best to 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 their handling of it and in such circumstances, their liability shall be limited as set out in this Agreement. The Extent of the Supplier’s Liability
7.3 The Supplier in question shall only be liable for damage or loss caused to you if it is caused by their negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this Clause 7 and Clause 8;
7.4 They 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 their negligence, breach of duty, or other wrongful act or omission.
7.5 They shall not be liable to you 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 of the Consignment.
The Limitation on the Amount of our Liability
7.6 If we/the Supplier in question is liable to you for any reason, we shall (subject always to Clause 8) only be liable to you up to the following amounts in the following circumstances:
(a) If the Supplier loses or damages all of a Consignment we will be liable for a maximum of £60. If however this maximum figure is greater than the actual value of the Consignment then the Supplier shall only be liable for the full value of that Consignment;
(b) If the Supplier loses or damages part of a Consignment, the amount of the sum determined under Clause 7.7(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 £60, and the Supplier lost or damaged one quarter of it, the Supplier would only be liable for 25% of the figure calculated under Clause 7.7(a) above, i.e. £15.00 for the £60 service);
(c) If the Supplier causes you loss or damage arising in any other way, a maximum of £60 in respect of any Consignment.
7.7 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 cover or insurance to cover such potential loss. 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 covered through such cover or insurance (or lack of).
7.8 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” insurance policy should you wish to be compensated in this way. Our liability to you is limited to the amounts set out within this Clause 7 and based on the actual value at the date of loss.
7.9 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 7.7, 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 such profit.
7.10 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.
7.11 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.
Notification of Claims & Complaints
7.12 We shall not be liable to you under any circumstances for any loss or damage unless you notify us by the Contact Us page (via our website) for the claims procedure OR for any customer service complaints, by written notice only of the full details of the alleged complaint to Express My Stuff, Dalry, 78 Cornwall Road, Harrogate, HG1 2NE within:
(a) 7 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 14 days from when the Consignment was collected or received by us.
(c) For any customer service complaints, within 14 days of your delivery date
Any complaints and refunds will be handled by the customer service department and you should receive a response within 28 working days.
7.13 All requests for refunds must be submitted in writing to Express My Bag and received by us within 28 days from the date the Service was Purchased. Please note that Express My Bag does not offer cover, refunds or partial refunds for any late deliveries that is the fault of the courier.
7.14 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.
7.15 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.
7.16 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, firmly attached to your consignments and unambiguous.
7.17 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 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.
- International Carriage
8.1 If we are requested to collect from, or deliver a Consignment to, a country outside of the United Kingdom our terms of liability (subject to Clause 8.2 below) shall be governed by the relevant provisions of the Convention on the Contract for International Carriage of Goods by Road as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as amended) (“the CMR Regulations”) and, in particular, articles 17 onwards and those provisions shall be deemed to be incorporated into this Agreement and will apply in place of any inconsistent terms within this Agreement. We can provide a copy of these provisions on request, but even if they are not requested you will be deemed to have read, understood and agreed to them and their incorporation into this Agreement.
8.2 If the carriage of any Consignment occurs by air travel and involves stopping in a country other than the country of departure then the Montreal Convention as amended shall be generally applicable to such part of the carriage as occurs by air and, in particular, our maximum liability in respect of loss of or damage to any such Consignment during air travel shall be limited to the amount set out in the Montreal Convention [namely £1,870 per ton of the gross weight (i.e. including any and all packaging) of the Consignment].
8.3 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. Additional customs controls and charges may be applicable to all countries outside of the EU, in particular but not limited to New Zealand, Turkey, Russian Federation, Canada, Singapore, USA, Australia, Switzerland and South Africa. Shipment deliveries to these destinations may require you to contact customs controls to release your shipment for delivery and is not the responsibility of Express My Bag.
8.4 Once a booking is placed, our team will check your delivery postcode is within normal delivery zones. Very occasionally, there is an additional charge of £20 for a delivery to a collection from an area considered as a Remote Area by our courier. This is generally Islands/ Ski Destinations and other areas away from major towns and cities.
If you are unsure, please email us and check your postcode with us. This way we can advise you how whether there is an additional charge or not. Additional charges are very rare though.
- 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 with an agreed credit account then:
(a) you shall make payment to us within 28 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 5% 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;
(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 to you.
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 Order.
10.3 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.
10.4 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.
- Your Obligations
11.1 You agree to:
(a) ensure that the information you supply in the Service Order 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;
(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. Failure to provide complete, clear and accurate collection and delivery details for the collection and delivery country booked will result in a failed service and Express My Stuff will not be liable and a refund will not be offered. Your shipment may be returned to sender should there be any issue with the delivery point that cannot be rectified by Express My Stuff or the customer who placed the booking and a refund will not be offered. There may be additional charges if a shipment is returned to sender & Express My Stuff will seek to receive this additional payment from the you if required.
11.2 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.
11.3 We will not, without specific separate written agreement, carry: livestock; liquids (apart from Suncreams, Toothpaste, Shower Gel, Shampoo & Baby Milk); perishable goods; glass; gasses; 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 which can be found here: http://www.expressmystuff.co.uk/prohibited-itemsno-compensation-items-list/
11.4 We reserve the right to refuse to carry any parcels which are neither the property of, nor sent on behalf of, you.
11.5 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 11.5(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.
(c) As Express My Bag operate via 3rd party shipping suppliers, small delays can occur from time to time in transit. We specialise in on-time delivery and endeavour to deliver your luggage the day prior to the day you enter onto our website or via telephone booking, or on the selected date you requests. We will only class and consider deliveries as late if they are more than 72 hours after your selected arrival date (business/working days only – not including weekends). For any shipments rejected by the delivery point for any reason, the shipment will be returned to sender and no refund will be given.
(d) Express My Bag offer a 3rd party solution whereby you can utilise the services of the No 1 courier DHL, but at a reduced rate. If your items are not sent within a suitcase or sport specific case, then the cardboard box you use much be suitable to support the package weight i.e double walled. If your box is not suitable to support your luggage inside, your luggage/box may burst and damage may be caused to your contents. Express My Stuff are not liable for any damage caused to your luggage in transit whether sent via suitcase, cardboad box or any other packaging. If additional cover is selected during your booking, then you understand that this is added with the courier directly and any claims will have to be made to the courier directly.
- Conditions of Suppliers
Some of the services involved in the delivery of your Consignment are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
13.1 Unless specifically agreed otherwise, “working days” do not include Saturdays, Sundays or public holidays. Deliveries and Collections are only carried out Monday to Friday.
13.2 We will not provide any refund or reduction of charges if we receive less than the number of luggage for which you have contracted.
13.3 If actual weights and/or dimensions exceed either the limits set out in Clause 18 or the weight and dimensions given to us when you place the order, we may need to adjust the charges accordingly. These prices may vary, and some adjustments may occur retroactively after the order has been completed. All items exceeding these weight allowances are subject to additional charges at £4.50 per kilo for International deliveries and £4.50 per kilo for UK Domestic (plus VAT at the prevailing rate, where applicable) with all excess weight rounded up to the nearest kilo. We reserve the right to alter or amend these charges and automatically take payment from your original payment method to cover the additional charges at any time without prior notification. Should your original payment method be via Paypal, then an online payment link will be emailed to you and payment is required within 24 hours of receiving the payment link. Any item overweight may be refused for collection or delivery and may cause delays to your order. Each item must be able to be lifted by an individual unless agreed in writing prior to collection i.e 31 kilos as a guideline. Any bikes longer than 150cm will incur a standard £35 vat overmax additional charge.
13.4 The customer also indemnifies the company against all costs involved or incurred through Acts Of God.
- Nature of Agreement
14.1 This Agreement, the Service Order, the CMR Regulations and the Montreal Convention (so far as they are applicable) shall 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 Service Order) 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 14 days 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.
- 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, subject as provided below, that 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
- Luggage Weight Allowances
18.1 All luggage items delivered are priced according to the following weight or dimensional weight allowances:-
- 10kg box or bag or 55cm x 40cm x 25cm – Hand luggage/Cabin Bag or Ski Boot bag
- 20kg box or bag or 70cm x 50cm x 30cm – Generic suitcase (light)
- 25kg box or bag or 75cm x 45cm x 30cm – Generic suitcase (medium)
- 30kg box or bag or 90cm x 50cm x 30cm – Large suitcase (heavy)
- 20kg Golf Clubs or 135cm x 35cm x 35cm – Medium Golf Bag
- 20kg Ski/Snowboard or 175cm x 30cm x 25cm – Single Ski/Board Bag
- 30kg Bike bag or box or 130cm x 90cm x 30cm – Shorter Bike Bag/Box
- 30kg Bike bag or box or 148cm x 80cm x 30cm – Longer Bike Bag/Box
- Any piece of luggage over 150cm in length will result in further charges of £40+ VAT (excludes Ski Equipment)
- Getting the size of your luggage correct is vital when using our service. Express My Bag offer a fixed price based on whichever is the greater, weight or size. For example, if your box is large, but doesn’t weigh very much at all, we would still charge you for the size. This is classed and calculated as volumetric weight – .http://www.expressmystuff.co.uk/volumetric-weight-calculator/
- It is really easy to calculate the volumetric weight of your luggage so just follow these steps.
- Multiply the Length, Depth and Width of your luggage/box together – (cm)
- Then divide that number by 5000 and the figure you will get is the volumetric weight.
For example, 130cm x 90cm x 30cm = 351,000. Then divide by 5000 = 70.2 cm3
Even easier let our tool do this for you – http://www.expressmystuff.co.uk/volumetric-weight-calculator/
- Cancellation Fees
19.1 We will charge a cancellation fee, to cover administrative charges, of £20.00 (plus VAT at the prevailing rate, where applicable)
19.2 Rescheduling a collection is normally free of charge and needs to be requested by contacting us directly. We reserve the right to charge a £10 rescheduling fee if the failed collection was due to customer error or repetitive rescheduling.
- Personal Effects
20.1 For shipments from one EU country to another EU country personal effects are any items shipped for personal use for the purpose of the customer’s vacation, relocation or business needs.
20.2 For shipments outside the EU personal effects are items of used clothing and footwear or unpacked clothing and footwear that are more than 6 months old that will be required for the purpose of the customer’s vacation, relocation or business needs. If a customer wants to ship any other items they must contact us prior to packing. Any customer who does not comply with this term will be responsible if there are any delays or charges incurred. Prices include Customs clearance however all duties, taxes, admin charges or penalties levied against any item(s) through non-compliance or breach of this Agreement, wilful or otherwise, will result in all charges being directed back to the customer, who hereby accepts all such charges and will not withhold payment of such charges to us at any time and agrees to fully indemnify us from any responsibility in this regard.
- Insurance and Cover for baggage
21.1 We offer a complimentary cover for each piece of luggage sent via our services of up to the value of £60. 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.
21.2 Additional Insurance can be purchased during the booking process for each item and this will cover both a 1 way journey and a return booking.
- Prohibited Items & Non-Compensation List
The following articles are prohibited from shipment to all countries served by DHL & other couriers:
Alcoholic beverages, Animal skins (non-domesticated) Articles of exceptional value (eg, works of art, antiques, batteries of any kind, precious stones, gold and silver) Dangerous goods/Hazardous materials (following IATA regulations for Express and Expedited, and following ADR regulations for Standard), Firearms, Furs, Ivory and ivory products, Live animals, Money and negotiable items, Perishable goods, (except via MBE Centres to selected countries), Plants, Pornographic materials, Seeds and Tobacco and tobacco products.