Tayside Solutions Ltd (Courier Services)

1)     Contract. Tayside Solutions Ltd (“The Carrier”) is not a common carrier and will accept goods for carriage only on these conditions.  All and any business undertaken, including advice, information given, or service provided, whether gratuitously or not is transacted subject to the condition hereinafter. Each condition shall be deemed to be incorporated in, and to be a condition of any agreement between ‘The Carrier’ and its ‘Customer’.

2)     Definitions. In these Conditions, ‘Customer’ means the person or company who contracts for the services of the Carrier including any other carrier who gives a consignment to the carrier for carriage.  ‘Contract’ means the contract of carriage between the Customer and the Carrier. ‘Consignee’ means the person or company to whom the consignment is to be delivered. ‘Consignment’ means goods in bulk or contained in one parcel, package or container, as the case may be, or any number of separate parcels, packages or containers sent at one time, in one load, by or for the Customer from one address to one address. ‘Dangerous Goods’ means dangerous substances listed by the Health and Safety Commission in Part 1 of the Authorised and Approved List of substances, explosives, radioactive and any other substance presenting a similar hazard

3)     Parties and Sub-Contracting.  The Customer warrants the he is either the owner, or authorised by the owner of the goods in any Consignment, to accept these conditions.  The Carrier may employ the services of any other carrier for the purposes of fulfilling the contract in whole or part - the contact will apply collectively. If the Consignment requires rail, sea, inland waterway, or air carriage, then the Carrier will not be under liability in respect of such carriage. The contact will have been deemed as if carried by road unless contrary is provided by the Carrier.

4)     Dangerous Goods. Must be disclosed by the Customer to the Carrier who will only accept them if they are classified, packed, and labelled in accordance with the statutory regulations for transport by road. Transport Emergency Cards (Tremcards) must be provided by the Customer in respect of each substance.

5)     Loading and Unloading. When collection or delivery is not on the Carriers premises, the Carrier will not be under any obligation to provide plant, power, or labour, in addition to the Carriers driver, for loading or unloading. Any such equipment or power required shall be at the sole risk and cost of the Customer together with any losses, liabilities, damages, expenses, claims or actions suffered.

6)     Consignment Notes. The Carrier will, if required, sign a document prepared by the Customer, acknowledging receipt of the Consignment. It will not accept the correctness or condition, quantity, or weight of the consignment at the time it is received by the Carrier.

7)     Transit. This will commence when the Carrier takes possession of the Consignment at the point of collection.

8)     Carriers Charges. The charges will be payable by the Customer, without prejudice to the Carriers rights, against the Consignee or any other person. The charges as calculated and declared on the Carriers invoice shall be deemed correct except of the case of manifest error. Invoices will be submitted weekly and the Customer will be obliged to settle such no later than the end of the calendar month in which the invoice was submitted. Charges will be incurred and payable by the Customer if the time limit is exceed at the prevailing overdraft interest rate being charged by the Bank of Scotland and will be incurred on a daily basis. Unless otherwise agreed by the Carrier all Consignments will be charged at their gross weight. Any Consignment exceeding 1.95 cubic meters per 1000 KG’s will be calculated on a cubic meter basis.

9)     Liability for Loss or Damage. The Carrier will only be liable for loss or mis-delivery as a result of negligence by the company, its employees or servants. The carrier will not be liable for loss or damage resulting from: act of god, consequences of war, invasion, insurrection, requisition, or destruction by order of government, public, or local authority, seizure or forfeiture under legal process. Error, act, omission, mis-statement, mis-representation by the trader or owner or the goods, servants, or agents. Insufficient or improper packaging, wastage in bulk, weight, defect, or natural deterioration of the goods, insufficient or improper labelling or addressing. Riot, civil commotion, strike, lockout, general or partial stoppage of labour for whatever cause.

10) Limitation of Liability. Except as otherwise provided in these conditions the liability of the Carrier, in respect of loss, damage, or mis-delivery, is as follows. £500 per Consignment, however the Carrier will not be responsible for the first £50 of each claim. Full transit liability cover to a maximum of £15000 per Consignment can be provided, the Customer will be liable to pay a supplementary charge, providing that the Carrier shall be given proof of the whole or part of the Consignment is lost, mis-delivered, or damaged. The Carrier will not be liable for any consequential loss or damage whatsoever. Transit liability cover is not available for Consignments comprising of; precious stones, plants, perishables, bullion, precious metals, furs, jewellery, cheques, antiques,  currency,  dangerous goods, or living creatures: and if the Carrier agrees to accept them for carriage the Customer will assume total liability for the Consignment.

11) Indemnity to the Carrier. The Customer shall indemnify the Carrier against all claims whatever and by whoever made in excess of the liability of the Carrier.

12) Time Limits for a Claim. The Carrier must be notified of an impending claim within seven days after completion of Contract. The Carrier must receive a completed claim form from the Customer within twenty-eight days of the completion of Contract. The Carrier will not accept liability or entertain the claim unless all payments due have been fully made.

13) Variation of Terms. The price that the Carrier has agreed for delivery or to procure the delivery of the Consignment is based on: warranties, indemnities, carriers cost of maintaining insurance cover, exclusions, limitations and restrictions of the Contact. In the event of any failure by the Carrier, notwithstanding condition 14, to meet a premium delivery service requirement, the surcharge for that delivery will be based of the service achieved. The Carrier is prepared to negotiate a price variance if the Customer requires a variation to Contract.

14) Impossibility of Performance.  The Carrier obligations to complete the contract will be relieved if prevented in doing so by: Customer, fire, industrial dispute, weather conditions, labour dispute, public and local holidays, early closing times, short term working, or of clause 9 conditions, and any other cause beyond reasonable control of the Carrier.

15) Loss Adjustment. The value of a consignment will be taken as the invoice value if the goods have not been sold. Since the Carrier will be unable to assess the cost to a customer of the loss or damage of any goods, however arising, and notwithstanding any lack of explanation, exceed the value of the relevant goods or £1000.00 whichever is the lesser. If the relevant goods have any extra intrinsic value to the Customer, or the Customer would suffer consequential losses in the event of their loss or damage, then the Customer is advised to insure against such risks and losses. We are unable to warrant that its own insurance cover will be applicable to such loss or damage or (if applicable) extend to cover any sums claimed.

16) Scope of Consignment. The Carrier will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods likely to cause damage. Should the customer nevertheless deliver any such goods to us, or cause us to handle or deal with any such goods, he shall be liable for all loss or damage whatsoever caused by or in connection with the goods, however arising, and shall indemnify us against all penalties, claims, damage costs, and expenses arising in connection with. The goods may be destroyed, or otherwise dealt with, at our sole discretion, by any other person that may be at the relevant time.

17) Special Arrangements. Made in writing, before the Carrier will accept or deal with bullion, coins, precious stones, jewellery, valuable antiques, pictures (excluding commercial artwork), livestock or plants.

18) Special and General Lien. The Carrier shall have a special lien on all goods for charges on such, and shall also have a general lien against the owner of any such goods, for any monies on account due from owner. If any lien is not satisfied within a reasonable time, the Carrier may at his absolute discretion, sell the goods concerned and apply the proceeds towards discharge of the lien, and the expenses of the sale. No variation, extension, or cancellation of these conditions shall be binding upon the Carrier, unless it is confirmed in writing, duly authorised, entered into any commitment on behalf of Tayside Solution Ltd Courier Services.  The effect of which would or might (but for this clause) issue an invoice to us in any legal liability whatsoever.

19) Governing Law. All agreements between us and our customer shall be governed by Scottish Law, and be within the exclusive jurisdiction of the Scottish courts.