The Customer's attention is drawn to the Clauses hereof which exclude or limit the Company's liability and those that require the Customer to indemnify the Company in certain circumstances.
DEFINITIONS AND APPLICATION
4(A) Subject to Clauses 11 and 12 below, the Company shall be entitled to procure any or all of its services as an Agent or to provide those services as a Principal.
(B) The Company shall on demand by the Customer provide evidence of any Contract entered into as Agent for the Customer. Insofar as the Company may be in default of this obligation, it shall be deemed to have contracted with the Customer as a Principal for the performance of the Customer's instructions.
5 When the Company contracts as a Principal for any services, it shall have full liberty a) to perform such services itself or b) to subcontract the whole or any part of such services to third parties (including the Company's own parent, subsidiary, or associated companies).
6 When the Company acts as an Agent on behalf of the Customer, the Company shall be entitled (and the Customer hereby expressly authorizes the Company) to enter into all such Contracts on behalf of the Customer as may be necessary or desirable to fulfill the Customer's instructions and subject to the trading conditions of the parties with whom such contracts are made.
7 The Company reserves to itself a reasonable liberty as to the means, route and procedure to be followed in the handling, storage and transportation of goods.
8(A) Subject to Sub-Clause (B) hereof, the Company shall have a general lien on all goods and documents relating to goods in its possession, custody or control for all sums due at any time from the Customer or Owner, and shall be entitled to sell or dispose of such goods or documents as Agent for and at the expense of the Customer and apply the proceeds in or towards the payment of such sums on 28 days notice in writing to the Customer. Upon accounting to the Customer for any balance remaining after payment of any sum due to the Company and the costs of sale or disposal the Company shall be discharged of any liability whatsoever in respect of the goods or documents.
(B) When the goods are liable to perish or deteriorate, the Company's right to sell or dispose of the goods shall arise immediately upon any sum becoming due to the Company subject only to the Company taking reasonable steps to bring to the Customer's attention its intention of selling or disposing of the goods before doing so.
9 The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to Freight Forwarders.
10(A) If delivery of the goods or any part thereof is not taken by the Customer, Consignee or Owner, at the time and place when and where the Company is entitled to call upon such person to take delivery thereof, the Company shall be entitled to store the goods or any part thereof at the sole risk of the Customer, whereupon the liability of the Company in respect of the goods or that part thereof stored as aforesaid shall wholly cease and the cost of such storage if paid for or payable by the Company or any Agent or Sub-Contractor of the Company shall forthwith upon demand be paid by the Customer to the Company.
(B) The Company shall be entitled at the expense of the Customer to dispose of (by sale or otherwise as may be reasonable in all the circumstances):-
(i) on 28 days notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the goods) without notice, any goods which have been held by the Company for 90 days and which cannot be delivered as instructed; and
(ii) without prior notice, goods which have perished, deteriorated or altered or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to the Company or Third Parties or to contravene any applicable laws or regulations.
11(A) Except under special arrangements previously made and agreed in writing or under the terms of a printed document signed by the Company, any instructions relating to the delivery or release of goods in specified circumstances only, such as (but without prejudice to the generality of this Clause) against payment or against surrender of a particular document, are accepted by the Company where the Company has to engage third parties to effect compliance with the instructions, only as Agents for the Customer.
(B) The Company shall not be under any liability in respect of such arrangements as are referred to under Sub-Clause (A) hereof save where such arrangements are made in writing.
(C) In any event, the Company's liability in respect of the performance or arranging the performance of such instructions shall not exceed the limits set out in Clause 26(A) (ii) of these Conditions.
12 Advice and information, in whatever form it may be given, is provided by the Company for the Customer only and the Customer shall not pass such advice or information to any Third Party without the Company's written agreement. The Customer shall indemnify the Company against all loss and damage suffered as a consequence of any breach of this Condition by the Customer.
13(A) The Company will not accept or deal with bullion, coin, precious stones, jewelry, 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.
(B) The Company may at any time waive its rights and exemptions from liability under Sub-Clause (A) above in respect of any one or more of the categories of goods mentioned herein or of any part of any category. If such waiver is not in writing, the onus of proving such waiver shall be on the Customer.
14 Except following instructions previously received in writing and accepted by the Company, the Company will not accept or deal with goods of a dangerous or damaging nature, nor with goods likely to harbour or encourage vermin or other pests, nor with goods liable to taint or affect other goods. If such goods are accepted pursuant to a special arrangement and then in the opinion of the Company they constitute a risk to other goods, property, life or health, the Company shall where reasonably practicable contact the Customer, but reserves the right at the expense of the Customer to remove or otherwise deal with the goods.
15 Where there is a choice of rates according to the extent or degree of the liability assumed by carriers, warehousemen or others, no declaration of value where optional will be made except under special arrangements previously made in writing.
16 The Customer warrants:
(A) that the description and particulars of any goods furnished by or on behalf of the Customer are full and accurate.
(B) that all goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the goods and the characteristics of the goods.
(C) that where the Company receives the goods from the Customer already stowed in or on a container, trailer, tanker, or any other device specifically constructed for the carriage of goods by land, sea or air (each hereafter individually referred to as "the transport unit" ), the transport unit is in good condition, and is suitable for the carriage to the intended destination of the goods loaded therein or thereon.
17 Should the Customer otherwise than under special arrangements previously made in writing as set out in Clause 14 above deliver to the Company or cause the Company to deal with or handle goods of a dangerous or damaging nature, or goods likely to harbour or encourage vermin or other pests, or goods liable to taint or affect other goods, he shall be liable for all loss or damage arising in connection with such goods and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the goods may be dealt with in such manner as the Company or any other person in whose custody they may be at any relevant time shall think fit.
18 The Customer undertakes that no claim shall be made against any Director, Servant, or Employee of the Company that imposes or attempts to impose upon them any liability in connection with any services that are the subject of these Conditions and if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof.
19 The Customer shall save harmless and keep the Company indemnified from and against:-
(A) All liability, loss, damage, costs and expenses whatsoever (including without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the goods) arising out of the Company acting in accordance with the Customer's instructions or arising from any breach by the Customer of any Warranty contained in these Conditions or from the negligence of the Customer, and
(B) Without derogation from Sub-Clause (A) above, any liability assumed or incurred by the Company when by reason of carrying out the Customer's instructions the Company has reasonably become liable or may become liable to any other party, and
(C) All claims, costs and demands whatsoever and by whomsoever made or preferred in excess of the liability of the Company under the terms of these Conditions regardless whether such claims, costs and demands arise from or in connection with the negligence or breach of duty of the Company, its Servants, Sub-Contractors or Agents, and
(D) Any claims of a General Average nature which may be made on the Company.
20(A) The Customer shall pay to the Company in cash or as otherwise agreed all sums immediately when due without reduction or deferment on account of any claim, counterclaim or set-off.
(B) In respect of all sums which are overdue, the Customer shall be liable to pay to the Company interest calculated at 8% above the prevailing Base Rate of the London clearing banks.
21 Despite the acceptance by the Company of instructions to collect freight, duties, charges or other expenses from the Consignee or any other person the Customer shall remain responsible for such freight, duties, charges or expenses on receipt of evidence of proper demand and in the absence of evidence of payment (for whatever reason) by such Consignee or other person when due.
22 Where liability for General Average arises in connection with the goods, the Customer shall promptly provide security to the Company or to any other party designated by the Company in a form acceptable to the Company.
JURISDICTION AND LAW
Carrymyluggage.com Limited reserves the right to pass on to it's customers charges received in relation to taxes or customs duties levied against each, and all, items delivered on behalf of the customer, for whatever reason, and wherever any breach of terms is made, in any event, by the customer. All customers accept these charges from Carrymyluggage.com Limited whenever they enter into a contract to deliver any items, as requested by the customer. These terms apply to retrospective charges also.
LUGGAGE WEIGHT ALLOWANCES
All luggage items delivered within the EU are priced according to the following weight allowances:
UK Weight Allowances
All luggage items delivered outside the EU are priced according to the following weight allowances:
Please note that skis may not exceed 170cms in length, snowboard bag standard is 166 x 34 x 21cms and the maximum dimensions of any 1 suitcase are 82 x 56 x 38 cms (this would be an X Large item) for Priority Services AND 72 x 55 x 30 for EU Economy (this would be an X Large item). Trunks may not exceed the combined dimension of 14cms (length + width + height) or weigh more than 40kgs. Any trunks being shipped may require your assistance when loading/un-lodaing.
If actual weights and/or dimensions exceed either the limits above 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 £5.00 per kilo for International deliveries and £2.50 per kilo for UK Domestic (plus VAT at the prevailing rate, where applicable) with all excess weight rounded up to the nearest kilo. Weight allowance per item is a maximum of 30kgs. The Company reserves the right to alter or amend these charges at any time without prior notification. Health & Safety legislation determines that no one piece/item may weigh more than 30kgs. Any item overweight may be refused delivery and may cause serious delays to your order. Each item MUST be able to be lifted by an individual.
If you have any questions regarding these allowances please contact Carrymyluggage.com Limited either via our web site or by telephone on 0845 009 0362.
LOCKING AND SECURITY OF LUGGAGE
All luggage items must remain unlocked for Customs and Security purposes. Further, it is recommended that all customers label their luggage items clearly on the inside and outside.
POWER OF ATTORNEY
ACTS OF GOD
RESERVATION CANCELLATION FEES.
Any items packed in any type of luggage that breaches our 'restricted items' conditions (listed in the restricted Items available on the bookings page) that incurr additional charges of taxes or duties, or sustain damage in transit, will be the sole responsibility of the Customer and the Company reserves the right to seek full re-imbursement from the Customer for all costs involved, including management fees. Restricted Items The following items are deemed unsuitable for shipment by our services and are therefore restricted. Any of these items being sent may result in surcharges, delays or confiscation by authorities where appropriate. No transit cover or guarantees whatsoever will apply to these items. IF ANY OF THESE ITEMS ARE SENT, THEY MAY WELL BE REMOVED AND ARE, THEREFORE, AT YOUR OWN RISK AND YOU ACCEPT THAT THERE WILL BE NO ALLOWANCE FOR LOSS, DELAY OR DAMAGE THAT MAY BE INCURRED. * Articles of exceptional value (eg. works of art, antiques, precious stones, gold and silver, legal documentation, Passports, Business Documentation) * Furniture * Glass / Crystal / Ceramic / Porcelain/ Plaster / Marble / China / Stone / Resin - (or any item containing these materials) * Laptops / Monitors / Computers / Cameras / PDA's / Tablets / Printers/ Lithium Batteries * Perishable goods, foods, liquids of any kind including Perfume * Plants / Seeds / Flowers * Televisions / Plasma & TFT Screens, Monitors, Musical Instruments, SURFBOARDS or Gifts of any kind (all regardless of any packing)
Prices include Customs clearance however all duties and taxes levied against any item(s)through non-compliance or breach of the Carrymyluggage.com terms & conditions, wilfull or otherwise, will result in all charges being directed back to the client, who hereby accepts all such charges and will not withhold payment of such charges to Carrymyluggage.com Limited at any time.
Customs/Security Checks, Customs Duties charges
Wherever Customs/Security officials, of any destination, check any items being delivered, Carrymyluggage.com will make every attempt to ensure that luggage is delivered as per the requested delivery date. However, if such instances do occur, the client, by agreeing to our terms and conditions, accepts that delays may occurr, and that they will not receive compensation, or discounted rates, where such instances do occur. Any Duties levied by any Customs authority will be deemed payable by the customer. Carrymyluggage.com will endeavor to ascertain the reason for charges and will undertake a claim for recompense on behalf of the client but cannot guarantee any refunds for charges.
Luggage Identity & Description
Carrymyluggage.com will endeavour to provide luggage labels (via the collecting agent) to be attached to each piece of luggage for the collection and delivery of such items, wherever possible, however, in each instance, the client will remain responsible for ensuring that each luggage piece is clearly identified with contact/delivery details including full contact address, postal/zip codes and contact telephone details. Any items not clearly identified may result in delayed delivery of such items. In addition, ALL items must be clearly identified as to their size and description. Any incorrect OR inaccurate descriptions may result in refusal to accept the items for carriage, by the collecting agent. In all such instances any additional charges incurred will be the responsibility of the client, and all charges must be settled in full, prior to re-collection.
Luggage collection/delivery access
All items being collected MUST be able to be lifted by one person. Access to multi-storey buildings must be via a lift/elevator. Any items deemed too heavy or large by the collecting agent may result in refusal to accept the goods for carriage. This would result in a delay of delivery and may incur additional charges, for which the client would be liable. Our collections require access at each point (collection and delivery) and the attendance of the client or their representative. Please note that we are unable to provide direct collections or deliveries to, or from, any Airport, Rail or Bus Terminal facility.
Impossibility of performance.
Carrymyluggage and it's appointed carriers shall be relieved of their obligation to perform the Contract to the extent that the performance is prevented by failure of the Customer, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of Carrymyluggage or it's appointed carriers. Incorrect information provided at the time of booking or collection (whereby documentation is required for completion at the point of collection), where a representative is booking for you or handling any aspect of the order will also fall within the remit of impossibility of performance.
Bookings/Reservations made on your behalf by a Third Party
Any orders placed on your behalf will automatically include all Carrymyluggage.com Terms and Conditions being accepted by you, in every instance.
Priority Service (mainland UK Only - not Highlands, Aberdeenshire, offshore islands, N. Ireland)
All items must be in suitable containers (i.e. Luggage OR boxes designed for the specific purpose of removal). Crisp snack boxes and plastic containers or open bags of any description that would not be deemed as luggage are not accepted and any items sent in such would not be covered by ANY insurance we may extend to correct containers. Please note, also, that plastic containers are prone to cracking and could cause damage to contents. We would not be responsible for any failure of our service due to incorrect or inappropriate containers being used. If any container used can not be determined as luggage (i.e. Suitcase, holdall, duffle bag) then, regardless of whether it is accepted for carriage by the collecting agent, it will not be deemed suitable for purpose and any item, and it's contents, will not be covered by our insurance.
Failed Collection Attempts (UK only)
Where a collection is attempted but luggage is not made available to our agent, there will be an additional re-collection charge of £15.00 in all instances.
Cruise Ship deliveries
are not made directly to Cruise Ships, but to the relevant port handling agent (except for UK Special Orders, made by prior arrangement. Separate rates apply), and must be verified as acceptable, prior to collection, with the Cruise company and agent. Carrymyluggage (and it's designated agents) will deliver to the specified address BUT will not actually deliver the luggage to the cruise ship directly, due to security restrictions. For all such deliveries, Carrymyluggage will be responsible for delivery to the specified address (Port/Cruise handling agent). Once the delivery has been completed, Carrymyluggage will not be accountable for any mishandling of any items thereafter.
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