Prestige Couriers Services Limited Account Application

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ACCOUNT APPLICATION
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No of Years trading
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Passenger Cars
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Please read the terms and conditions
PRESTIGE COURIERS LIMITED
            1. Application
            The acceptance of any Consignment or any Passenger and the provision of any services by the Company is upon and subject to these Conditions which shall be incorporated in every Contract between the Company and the Customer to the exclusion of all others.
            2. Definitions
            In these Conditions:
            “ACCOUNT NUMBER” means the identification number given to a Customer for the exclusive use of that Customer upon the opening of an account
            “ANIMALS” means living creatures within the definition of “animals” in section 3 of the Transit of Animals (General) Order 1973
            “COMPANY” means Prestige Couriers Ltd of Prestige House,26 Sulivan Road, London, SW6 3DX
            “CONSIGNMENT” means the goods or animals including any packaging of such goods or animals which the Company accepts for the purpose of carriage or agrees may accompany any Passenger during carriage and shall include reference to any part or parts of such goods and any number or numbers of such animals
            “CONTRACT” means the contract of carriage between the Customer and the Company
            “CUSTOMER” means any person entering into a Contract with the Company
            “Prestige CARD” means any card inscribed or indorsed with an Account Number that may be issued to a Customer who has an account with the Company
            “OWNER” means any person or persons (including the Customer) who own or otherwise have any right title or interest in or to the Consignment
            “PASSENGER” means any person or persons accepted by the Company for Carriage at the Customer's request
            “TARIFF GUIDE” means the guide to the Company's charges and their calculation as amended from time to time
            “THESE CONDITIONS” means these terms and conditions of business
            3. Status of Company
            The Company is not and does not contract as a common carrier and only accepts Consignments or Passengers for carriage on these Conditions.
            4. Parties
            4.1 The Company may engage any other carrier to perform all or any part of the Contract and any such carrier shall have the power to subcontract on like terms. 4.2 The Company enters into the Contract for itself and as agent of and trustee for its officers, agents, employees and the carriers referred to in clause 4.1 and their officers, agents and employees all of whom shall be fully entitled to the benefits of the Contract and shall be under no liability to the Customer or anyone claiming through him greater than or in addition to or separately from that of the Company under the Contract.
            4.3 The Customer warrants that he is either the Owner of the Consignment or the lawful and duly authorised agent of the Owner and in particular that he has the authority to enter into the Contract and accept these Conditions for himself and for and on behalf of the Owner.
            5. Consignments
            5.1 All Consignments are warranted by the Customer to be fit to be carried and stored.
            5.2 Except where otherwise previously agreed in writing the Company will not accept and does not contract to carry any Consignment containing or comprising 5.2.1 dangerous, verminous, infested, contaminated or condemned goods or animals;
            5.2.2. antiques, bullion, currency, fine art, firearms, hazardous or combustible materials, human remains, money orders, negotiables, plants, pornography, precious metals and stones and such other things as the Company may from time to time designate as non-acceptable;
            5.2.3 any goods or animals the carriage of which is prohibited by any law applicable in any country from, to or through which a Consignment may be carried;
            5.2.4 animals where carriage is to be to a destination outside the United Kingdom.
            5.3 The Customer warrants that the consignment does not and will not contain or comprise any of the items referred to in clause 5.2 and undertakes to indemnify the Company against all costs, losses, damages and claims or other liability of whatsoever nature arising from any breach of such warranty.
            5.4.1 The Company may at any time abandon the carriage of a Consignment containing or comprising items of a type described in clause 5.2;
            5.4.2 If the Company abandons a Consignment pursuant to 5.4.1 it shall immediately notify the Customer of the circumstances but shall be under no liability in respect of the safekeeping of the abandoned items.
            5.5 Unless otherwise agreed in writing by the Company no Consignment sent to a destination within the United Kingdom:
            5.5.1 by Prestige  Flyer may exceed 5kg in weight;
            5.5.2 by any other means may exceed 100kg in weight and/or 3 metres in length.
            5.6 Every Consignment shall be addressed and labelled in accordance with the Company's requirements and except where otherwise agreed be accompanied by a consignment note containing such particulars as the Company may reasonably require and any necessary certificate, licence or other document.
            5.7 The Company shall if so required sign a document prepared by the sender acknowledging receipt of the Consignment, but no such document shall be evidence of the condition or of the correctness of the declared nature, quantity or weight of the Consignment at the time it is received by the Company.
            5.8 Unless obliged by law the Company shall be under no obligation to provide services (including feeding and watering) for animals whilst in its possession or custody but it may at the expense and at the risk of the Customer if in its opinion it is reasonable to do so provide such services without incurring liability for any consequences thereof.
            6. Packaging
            6.1 The Customer warrants that
            6.1.1 the Consignment has been properly and sufficiently packed, secured, marked and addressed so as to ensure at all times safe storage and transportation with ordinary care and handling; and
            6.1.2 that the Consignment has been fully and accurately described to the Company and the Company's consignment note has been accurately completed.
            6.2 The Company reserves the right to open and inspect (but without any
            obligation to do so) the contents of any Consignment, with no liability for any cost of repackaging that may he necessary as a result of such inspection.
            7. Rights reserved to the Company
            7.1 The Company reserves the right to:-
            7.1.1 decide at its sole and absolute discretion upon the means, route and procedure to be followed in the carriage, handling and storage of any
            Consignment or the carriage of any Passenger;
            7.1.2 decline to accept any Consignment or any Passenger for carriage.
            7.2 The Company will not carry any Passenger or Animal to a destination outside the United Kingdom.
            8. Transit
            8.1 Transit shall commence when the Consignment is received and accepted by the Company for carriage.
            8.2 Transit shall (unless otherwise previously terminated) end when the Consignment is tendered at the specified place of delivery within the customary delivery hours in the district concerned or at such other times as may be agreed between the Company and the Customer provided that where for any other reason whatsoever a Consignment cannot be delivered or when a Consignment is held by the Company to await order or collection or upon any like instructions and such instructions are not given or the Consignment is not collected then transit shall be deemed to end at the expiry of one clear day after notice in writing of such fact has been sent to the consignee.
            9. Undelivered or unclaimed items
            9.1 After termination of transit, unless otherwise agreed in writing, the Company will hold the Consignment at the sole risk of the Customer and without any liability for loss, injury, detention or misdelivery howsoever occasioned and subject to the Company's usual charges for storage or services.
            9.2 Where a Consignment is held by the Company after transit the Company may sell such Consignment and payment or tender of the proceeds of such sale after deducting the expenses of the sale and all other charges due in respect of the Consignment shall discharge the Company from all liability in respect of the Consignment provided that the Consignment shall not be sold unless the Company has done what is reasonable in the circumstances to notify the sender or the consignee that the Consignment will be sold unless within a reasonable time of the giving of the notice the Consignment is removed or instructions are given for its disposal.
            10. Liability of the Company
            10.1 Subject to clauses 10.2 10.3 and lithe Company will be liable in the event of loss, misdelivery or non-delivery of or damage to a Consignment.
            10.2 The Company shall not be liable in respect of any loss, misdelivery or non-delivery of or damage to a Consignment or any part thereof which arises from:-
            10.2.1 seizure, confiscation, requisition, destruction or damage under legal process or by or under the order of any government, public or local authority;
            10.2.2 act of God, force majeure or any other occurrence or cause beyond the control of the Company;
            10.2.3 war, invasion, hostilities, civil war, rebellion, insurrection, and other like occurrences;
            10.2.4 act, default or omission of whatsoever nature of the Customer, or of an Owner;
            10.2.5 latent or inherent defect or liability to wastage either in bulk weight or quantity or natural deterioration;
            10.2.6 insufficient or improper packaging, labelling or addressing;
            10.2.7 industrial disputes, lock-outs, stoppages or restraints of labour from whatsoever cause, whether partial or general;
            10.2.8 the carriage of explosives, radio-active materials, poisonous gas, oxidising materials, narcotics or firearms;
            10.2.9 electrical or magnetic injury, erasure, x-ray or other similar damage to electronic or photographic images or recording in any form;
            10.2,11 failure by the Customer to protect or secure any animal or the insufficiency or unsuitability of any article supplied by the Customer for securing, protecting or conveying any animal;
            10.2.12 the need to take or cause to be taken any action with respect to any animal (including destroying) where in the opinion of the Company such animal has become or may become a danger to public safety.
            10.3 Whilst the Company will endeavour to observe any collection, journey or delivery times that may be requested or stated the Company will not under any circumstances be liable for any delay in the collection, carrying, delivery or arrival of any Consignment or of any Passenger.
            11. Limits of liability
            11.1 The liability of the Company in any event in respect of loss, misdelivery or non-delivery of or damage to a Consignment carried to a destination within the United Kingdom shall not exceed the following sums:
            11.1.1 where the Consignment was sent by Prestige  Flyer: £20 per Consignment;
            11.1.2 where the Consignment was sent by other means £1 2 per kilogram of the gross weight of the Consignment up to a maximum of 250 kilograms;
            11.1.3 where the loss, misdelivery or non delivery or damage is in respect of part only of a Consignment: the proportion of the sum referred to in clause 11.1.1 or 11.1.2 as the case may he) which the actual value of that part of the Consignment bears to the actual value of the whole of the Consignment.
            11.2 The liability of the Company in any event in respect of loss, misdelivery or non-delivery of or damage to a Consignment carried to a destination outside the United Kingdom shall not exceed the lesser of:
            11.2.1 US $100; or
            11.2.2 the amount of loss or damage to a Consignment actually sustained; or
            11.2.3 the actual value of the Consignment
            11.3 For the purposes of clause 11 .2 the actual value of a Consignment shall be ascertained in the case of a document by reference to its cost of preparation or replacement, reconstruction or reconstitution value whichever is the less, and in any other case by reference to the item's cost of repair or replacement, resale or fair market value whichever is the less (provided that in no event shall such value exceed the original cost of the article paid by the Customer plus 1 0%).
            11.4 The Customer is entitled to take out additional insurance with the Company for amounts in excess of the limits expressed in this clause up to a maximum of £10,000 subject to the payment of a supplementary charge for such extended cover.
            11.5 Under no circumstances shall the Company be liable for any special or consequential damages or other indirect loss, however arising (and regardless of whether it relates to the carriage of a Consignment or a Passenger) including but not limited to loss of business, income, profit or other commercial or financial loss, whether or not the Company had knowledge that such damages or loss might be incurred.
            12. Claims
            12.1 The Company shall not he liable in any event:-
            12.1.1 for any loss, misdelivery or non-delivery of or damage to the Consignment unless the Customer notifies the Company in writing (otherwise than upon any of the Company's documents) of that claim within 3 days of the end of the transit and submits a completed claim form within 14 days of the end of transit;
            12.1.2 for damage of any description unless the damaged goods or animal (as the case may be) are made available for inspection by the Company or its appointed representative for a reasonable period following the submission of a claim;
            12.1.3 in respect of any claim unless all payments due to the Company from the Customer have been fully paid.
            13. Charges and payment
            13.1 The Customer will pay the Company's charges for carriage or any other services provided as stated in or calculated in accordance with the Tariff Guide.
            13.2 Unless the Customer has opened an account with the Company payment of the Company's charges must be made in cash.
            13.3 Where the Customer has opened an account with the Company:
            13.3.1 the Customer shall be solely responsible for the use, knowledge and confidentiality of the Account Number;
            13.3.2 unless and until the Customer notifies the Company orally (with confirmatory written notification within three days) that it wishes to cancel the Account Number (and either be issued with another or close the account) any person using the Account Number shall be deemed to be the agent of the Customer with full unlimited authority to enter a Contract on the Customer's behalf and the Company shall be entitled to accept that authority without further enquiry;
            13.3.3 the Company's charges shall be paid by the Customer in full within 21 days from the date of invoice;
            13.3.4 if payment of any invoice is not received in full by the due date:
            (a) the Company reserves the right to charge the Customer interest on the outstanding sum at the rate of 3% above the base rate then prevailing of Barclays Bank Plc from the date of invoice to the date of payment or ten pounds per month, whichever is the greater; and
            (b) all invoices issued by the Company to the Customer shall immediately become due and payable.
            13.3.5 the Company reserves the right
            (a) to suspend the account if and for so long as the aggregate of charges invoiced at any time (whether or not due) shall exceed any figure notified to the Customer at any time; and
            (h) to close the account at any time without notice.
            13.3.6 Any Prestige card shall at all times remain the property of the Company and must he returned to the Company on request. The Customer should keep a Prestige card secure at all times and immediately notify the Company of its loss or theft.
            13.4 The Customer shall not be entitled under any circumstances to defer or withhold payment of monies otherwise due to the Company by reason of any (or any alleged)
            13.4.1 claim, counterclaim or set off; or
            13.4.2 failure by the Company to observe any special instructions of the Customer with regard to the use of the Account Number or the completion or issue of invoices.
            13.5 Any agreement of the Company to make application for payment from third parties shall not relieve the Customer of liability in the event of non-payment by such third parties.
            13.6 The Company reserves the right
            13.6.1 to require payment of a reasonable charge for the supply of any document requested by the Customer proving delivery of a Consignment or carriage of a Passenger;
            13.6.2 to charge the Customer for any additional costs and expenses reasonably incurred by the Company in order to perform or continue to perform the Contract in or during
            (a) the period commencing on Christmas Eve and ending on New Year's Day in any year;
            (b) any period of extreme weather conditions;
            (c) any period during which road rail and/or air services are affected by the events referred to in clause 10.2.7.
            14. Zero rated goods for export
            14.1 The Customer will indemnify the Company against any liability arising under Section 1 6(9) of the Value Added Tax Act 1983 or any statutory modification or re-enactment thereof in respect of a failure to export zero rated goods or to comply with any condition in relation to zero rated goods intended to be exported.
            15. Lien
            15.1 The Company shall have a general lien upon each Consignment for all monies or liabilities due to it by the Customer.
            15.2 If any such monies or liabilities due are not paid in full within a reasonable time the Company may in its absolute discretion sell the Consignment as agent for the Customer and apply the proceeds of sale in or towards the satisfaction of such monies or liabilities and all costs incurred in relation to the exercise of the Company's lien and the sale, and upon accounting to the Customer for the balance remaining (if any) be discharged from all liability whatsoever in respect of the Consignment.
            16. Loading and Unloading
            16.1 On collection or delivery at premises other than the Company's the Company shall be under no obligation to provide any plant, power or labour for loading or unloading.
            16.2 Any such plant, power, labour or other assistance that may be provided shall be provided at the Customer's sole risk and cost and the Customer shall fully indemnify the Company and its officers, employees and subcontractors against all losses, liabilities, costs, damages, expenses, claims and actions suffered or incurred in respect of the provision or use of the same or any other matter relating thereto.
            16.3 Consignments requiring special appliances for unloading from a road vehicle are accepted for carriage only on the condition that the Customer has duly ascertained from the consignee that such appliances are available at destination.
            17. Guarantee
            17.1 The signature by any person of these Conditions or any other document constituting the Contract as agent or representative of a Customer constitutes:
            17.1.1 a personal guarantee on the part of such signatory for the due performance of all the Customer's obligations under the Contract; and
            17.1.2 the warranty that such signatory is duly authorised on behalf of the Customer.
            18. Entire Agreement
            18.1 These Conditions constitute the entire agreement between the parties and supersede all prior arrangements or agreements in connection with the same subject matter.
            18.2 No director, employee or agent of the Company is authorised to make any prior representation or warranty not contained in these Conditions and the Customer acknowledges that he has not relied on any such oral or written representations.
            1 8.3 No variation or waiver of any of the provisions of these Conditions shall be binding unless in writing and signed by a director of the Company.
            19. Notices
            19.1 Any notice required by or referred to in these Conditions shall be conclusively regarded as served if the same has been properly addressed and sent by first class prepaid post to the addressee's last known address. Such service shall be treated for all purposes as having been effected at the time when such notice would have been delivered in the ordinary course of post.
            20. Address
            20.1 The Customer undertakes to immediately notify the Company in writing of any change of its name or of its business address.
            21. Customs
            21.1 The Customer warrants that all applicable customs import, export and other laws and regulations of all countries to from through or over which any
            Consignment may pass have been complied with.
            21.2 The Company is authorised (but not obliged) to complete on the Customer's behalf any documents required to comply with such laws and regulations and to act as the Customer's forwarding agent for customs and export control purposes.
            22. Warsaw Convention
            22.1 If the carriage of a Consignment involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention may he applicable and the Convention governs and in most cases further limits the liability of the Company in respect of loss or damage to the Consignment.
            23. Headings
            23.1 The headings in these Conditions are for convenience only and shall have no effect on their interpretation.
            24. Relevant Law
            24.1 These Conditions shall be construed in accordance with and governed by English Law and the parties submit to the non-exclusive jurisdiction of the English Courts.
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