Terms and Conditions

TERMS AND CONDITIONS OF OUR SERVICE.
These conditions set out the agreement between:
• you, the customer; and
• us, Grand Prix Express Ltd. (company number 3204151) or someone authorised (under a franchise agreement or licence) to provide services for us; for collecting, storing, transporting and delivering your goods. In these conditions, ‘your goods’ means any items or documents (including their packaging) we have agreed to carry, whether or not those goods are packaged together or separately. ‘Working day’ means any day other than a Saturday, Sunday or Bank Holiday.

1 GENERAL CONDITIONS
a These conditions, together with our Account Application and Customer Service Guide, form the whole agreement between you and us for us providing any service connected with your goods. They replace any previous agreement, conditions or promise between you and us.
b You and we confirm that neither of us have entered into this agreement on the basis of any guarantee, assurance or promise that is not set out in these conditions.
c You and we agree that neither of us can take action against
the other in connection with any untrue statement they relied on when entering into this agreement.
d Nothing in these conditions removes liability for any fraudulent statement or act.

2 GOODS NOT ACCEPTED
a We will not carry, store or be responsible for:
• anything which is illegal to possess under the laws of any country, including firearms, (including imitation firearms and parts thereof), Class 1 explosives including ammunition, maroons, flares and like items, Class 2 Compressed Gases, Class 5.2 Organic Peroxides, Infectious Substances Class 6.2, Class 7 Radio-actives and any class of dangerous goods Transport Category 1, as classified in the ADR Regulations;
• any item which could damage property we own or are responsible for, or could injure any person, controlled waste and special waste, offensive or noisome items and items capable of contaminating others by smell or otherwise unless securely packed in airtight containers;
• any living creature or body parts or bodily fluids;
• pornographic material; or
• all other items the possession or carriage (by road, rail or sea) of which is prohibited by law or in relation to which possession or carriage requires a licence from any body or authority;
If you are in any doubt whether an item is a prohibited item, you will be responsible for checking and getting information from us before sending that item.
b If we carry any items of a high personal / sentimental value or irreplaceable items, jewellery, watches, precious metals or stones, cash or bullion, computer or photographic equipment, phone cards, vouchers, tobacco products, business documents, passports, glass, pottery, ceramics, tiles or slate items, liquids or items that perish (go off), we will not be responsible for any loss or damage to them. It is suggested that you take your own “Goods in Transit” cover for such items.

3 CONDITIONS OF ACCEPTING THE GOODS
a In order for us to accept your goods, you must keep to the following:
• You must either own the goods or be authorised to act for the
owner (in which case, you accept these conditions not only for yourself but also on behalf of the owner).
• The description of the contents of the goods (including its value) which you give to us must be full and accurate.
• No customs or other duty or tax shall become due for the goods while they are being carried or delivered by us.
• The full delivery address (including the name of the person to receive the goods) and any markings appropriate to transporting and delivering the goods must be clearly and prominently marked on the outside of the goods using a permanent and durable method.
• You must have provided full instructions, which can be followed easily, to allow us to make the delivery on time.
• The goods must be suitably loaded and packaged so they are protected from damage while being transported and so that they are not likely to damage other property or injure anyone.
• The goods must not contain any items described in section 2a.
b We have the right to inspect the goods if we reasonably think there is a good reason for doing so. If we do so, we do not have to pay for any damage caused to the goods or their packaging, or any delay in the delivery, as a result.
c We are not a common carrier which means that we can
refuse to carry your goods. We will only carry goods under these conditions.

4 THE SERVICE
a For any goods we accept to carry, we agree to transport the goods from the place of collection recorded on the consignment note or Despatch Manager system to the place of delivery recorded on the consignment note or Despatch Manager system, unless you have:
• broken any of the assurances you gave us; or
• failed to pay an invoice for any goods in line with these conditions or any other conditions or contracts between us.
b We can choose not to accept any goods, or to provide any service relating to the goods.
c We can carry the goods by any form of transport and by any
route we choose and by employing any carrier or contractor.
d While waiting to be transported or delivered, we may store your goods at any warehouse or place that we think is appropriate.
e We do not have to give you or the person the goods are being delivered to any service other than described in these conditions.
f W hen delivering the goods, we will (where possible) get proof of delivery. (This proof may be, but will not be limited to, a signature, whether electronic or in pen.) Such proof will also record the condition of the goods and / or packaging on delivery.
g Nothing in these conditions prevents us from entering into a separate contract for an upgraded service with the person your goods are being delivered to. This will not affect your responsibility to pay the full price for the original service.

5 LOADING AND UNLOADING
a W hen we collect goods from, or deliver them to, any premises (other than our own), we or our contractor do not have to provide any necessary equipment or machinery other than that already in the vehicle, or to provide any necessary power or labour. It is your responsibility to make such arrangements prior to us agreeing to carry the goods.
b If we or our contractor provides help beyond usual loading or unloading, this is at your own risk. This means that you will be responsible for paying and protecting us and our contractors from any claim or demand (including, legal costs) which could not have been made if that help had not been given.
c If we agree to carry goods which need special appliances for loading or unloading them, you must arrange for the necessary appliances to be available. If we need to load or unload such goods, we will not be liable for any damage arising from the loading or unloading, however caused, so long as we take reasonable care in doing this. You will be responsible for and will protect us and our contractors from any claim or demand arising from that damage.

6 PAYMENTS AND CHARGES (OTHER THAN PPO
(Parcel.Pallet-Online) CUSTOMERS)
a Unless otherwise agreed in writing, you must pay all our invoices, by current dated cheque, direct debit or BACS, within 14 days of the date of the invoice.
b PPO (Parcel.Pallet-Online) customers are required to
complete payment by Visa or Debit card prior to any collection. c We can invoice you at any time on or after the last working day in the month we provide the relevant service.
d If we do not receive the payment for any invoice on time, we can charge interest cumulatively at the rate of 2.5% a calendar
month, whichever is greater. We will count any part of a calendar month as a full calendar month.
e We operate under a minimum invoice value of £25 per invoice. You will be required to pay this minimum amount if the total charge for the service falls under the £25 threshold.
f You must pay us all amounts you owe us without taking off any amount, and you must not put off paying us because of any claim you are making against us or any amount you think we owe you.
g Unless otherwise agreed in writing, the limits on our liability
will only apply to accounts that are maintained within our normal payment terms as set out in Clause 6a.
h We can immediately increase our charges from time to time to reflect any increase in the costs we have to pay to provide the service (for example, increased costs of fuel and congestion charges), provided we give you notice within a reasonable time of that increase.
i We will apply an extra charge for delivering to mail order companies or any other party who needs us to book in the delivery.

7 DELIVERY
a You and we will agree in writing the dates and times on or after which we will deliver or collect your goods (the scheduled delivery date). Those dates and times are only estimates.
b You must tell the person the goods are being delivered to what the scheduled delivery date is and make sure we can make the delivery then.
c We will try to deliver the goods during the scheduled delivery
date and to the address marked on the goods. We will not accept liability for any loss suffered as a result of a delay in us delivering or us failing to deliver, except as set out in these conditions, and our liability will be limited by these conditions (see clauses 8, 12 and 13).
d If we cannot deliver the goods to a business address when we first try to and obtain a signature from a person present at that address acknowledging receipt of and condition of the goods and / or packaging, we will try to re-deliver the goods, or:
• we can choose to store, return or dispose of the goods; and
• you must pay our costs for holding, returning or keeping the goods as soon as we ask for those costs.
e If we cannot deliver the goods to a residential address when
we first try to and obtain a signature from a person present at that address acknowledging receipt of and condition of the goods and / or packaging, you agree that we may either, leave the Consignment at a neighbouring address (and we undertake to obtain a signature from a person present at that address acknowledging receipt of and condition of the goods and / or packaging), or make any additional delivery attempts as may be required to complete delivery. Such additional delivery attempts will be subject to a charge equivalent to that of the original delivery.
f Upon delivery, whether to a business or residential address, it will be required of the recipient to provide a signature acknowledging receipt of and condition of the goods and / or packaging at the time and date of delivery. Goods signed for as, either “received in good condition”, or “unchecked”, cannot be the subject of any subsequent claim for damage.

8 CIRCUMSTANCES BEYOND OUR CONTROL
We do not have to keep to these conditions and are not liable if we are prevented or delayed from doing so by:
• fire;
• severe weather conditions;
• industrial action (official or unofficial);
• a delay by any government, public or local authority or customs authority;
• hijacking, robbery or other criminal action; or
• other causes beyond our reasonable control.
Continued >

9 OUR RIGHT TO KEEP AND DISPOSE OF YOUR GOODS
a We have legal rights to keep the goods we are carrying for you until you pay us all money due to us in connection with the goods and any other money you owe us.
b If you do not pay us any money you owe us within one calendar month of us giving you notice that we are keeping hold of your goods under clause 9a above, we may sell the goods as we choose. After we have taken our costs of selling the goods, we will put any remaining proceeds towards any amount due to us. This does not affect our right to recover any amount remaining from you.
c We can also dispose of the goods by selling or disposing of
them in any other way we consider suitable if:
• your goods (or part of them) have perished, deteriorated or altered, or are likely to do so in the immediate future; or
• we have not been able to deliver your goods for any of the reasons set out in section 7 and we have held your goods for 10 days; and
• we have made reasonable efforts to contact anyone who could reasonably have an interest in your goods.
d When we ask, you must immediately pay us all our costs, charges and expenses for storing and disposing of the goods or any part of them.
e We will give you credit for any amount left from the proceeds
of us selling your goods after we have taken any amounts you owe us and any of our costs, charges or expenses.
f If we have already settled a claim you have made for lost goods which are then found, we can dispose of those goods as we see fit and keep the proceeds.
g The rights set out in this clause are in addition to any other
legal rights we may have.

10 NOT ACCEPTING PAYMENTS ON DELIVERY
a Unless we have agreed otherwise in writing, in line with clause 1a, when we deliver your goods we will not collect or accept any form of payment from the person receiving them.
b We accept no liability for any amount the person we deliver
the goods to owes you. You must decide, before we collect your goods, whether it is appropriate to send your goods to that person.

11 INDEMNITIES
a You will be responsible for protecting us from, not holding us responsible for and paying any liabilities, claims, loss, damage, fines, costs or expenses arising from:
• us following your instructions;
• you breaking any of these conditions;
. your failure to provide a true and accurate record of the weight of your consignment;
• your negligence; or
• any and all duties, taxes and so on charged by any authority together with all payments, fines, costs, expenses, loss or damage relating to your goods.
b You must pay any claim under clause 11a above within seven days of the date of the relevant invoice. After seven days we will treat the claim as a payment due to us under clause 6 of these conditions.

12 LIMITS ON OUR LIABILITY
a Our liability for loss of or damage to your goods, or any other failure to keep to these conditions, is limited as set out in the rest of this clause and clause 13, and by the effect of certain other clauses of these conditions. Clause 12i will always apply. b All the limitations and exclusions set out within these conditions are ‘cumulative’. This means that if more than one limitation or exclusion applies in a particular situation, we will have the benefit of each and every limitation that applies. We will not be liable for loss or damage for parcel deliveries or collections to private addresses this must be under your own insurance.
c Unless you and we agree otherwise in writing under sections 1a or 1b, our liability for any damage to or loss of the goods, however it arises, will be limited, subject to a £50 excess, to whichever is the less of:
• £5 for every kilo of the gross weight of carton / bag consignments;
• £5 for every kilo of the gross weight of pallet consignments;
• the cost value of the goods;
• the cost you bought the goods for, less an amount for depreciation (loss of value) and wear and tear;
• the cost of any necessary repair; or
• the cost of replacing the goods; whichever is less, as decided by us.
. in the absence of such proof of costs, we may estimate the cost value of the goods by deducting 40% from the sales value of the consignment, or part thereof, lost or damaged.
d In all other cases, our liability (however it arises, including for
a delay in or failing to provide the services) will be limited to an amount equal to the charges you must pay to us(not including VAT or other taxes) in connection with the goods the claim relates to.
e In no circumstances will we have any liability for:
• any loss of or damage to profit, turnover, income, goodwill, expected savings, information (or data) or use; or
• any indirect or consequential loss or damage of any kind such as, but not limited to any interest, costs, extra charges or costs of repackaging and resending your goods and so on.
. additional costs incurred, over and above the limits of our liability, which will be the responsibility of the customer and their own insurers.
f We will not be liable to you for any damage to your goods,
any loss of or from your goods, or any other loss you suffer that is caused by, or contributed to by,
any or all of the following:
• You breaking any of these conditions.
• Your goods needing special handling which you had not told us about and we had not agreed to in line with clauses 1a or 1b.
• Your goods not being suitably packaged or protected from damage while being transported, as set out in Clause 3a.
• Natural loss of bulk or weight, a hidden or built-in fault, or natural wear and tear or loss of value.
• Your or anyone else’s criminal activities.
• Circumstances beyond our reasonable control.
• Carrying any goods falling under clause 2.
g The loss and damage referred to in this clause 12 includes that from all causes and actions that give rise to liability under the whole agreement between us. The term ‘however it arises’ in these conditions includes all liability from all causes and actions including for negligence, breaking this or any other contract or any other legal cause.
h The limits in this clause 12 apply whether or not the loss or
damage could be expected or whether you told us about the possibility of any greater loss or damage.
i Even if these conditions say otherwise, the limits in this clause 12 will only apply to the extent allowed by law. In particular, nothing in these conditions will limit our liability for death or personal injury caused by our negligence or for any fraudulent behaviour.

13 THE LIMITS FOR MAKING CLAIMS
a To make a claim against us, you must keep to the requirements of this section. You agree that if you do not strictly keep to this section, we will not have any liability to you. b You agree that the clauses in this section are fair and reasonable, given the general nature of our business and the whole agreement.
c For all claims for loss of or damage to your goods, we must receive notice of your claim within three working days of the date of despatch and receive full details of your actual claim within five working days of the date of despatch.
d The notice of your claim must be in writing (giving full details
of the amount you are claiming and the reason for the claim). A Provisional Claim Form will have been supplied on the opening of your account, but a copy can be downloaded here. Your actual claim must also be in writing along with detailed photographs of any alleged damage.
e In any other case, if you prove to us that:
• it was not reasonably possible to keep to the time limits set out in this section; and
• you gave us written notice of the claim, and provided a detailed claim as soon as was reasonably possible.
• we may not rely upon the time limits set out in clause 13c if we consider it would be reasonable to do so in all the circumstances.
f In all cases, we will not have any liability to you from these conditions, or relating to any services provided, quoted for, or agreed to be provided, where legal proceedings are issued and served (i.e. started in court and a copy sent to us) more than six months after the date of the event alleged to have given rise to the action against us.

14 CONVENTIONS AND LAWS
a If we carry any goods for you (whether within or outside the UK) and any part of that carriage is governed by a convention (an agreement between countries), and any provisions of that
convention are inconsistent with any of these conditions, the terms of that convention will apply to that part of that carriage and these conditions cannot overrule those conventions in that respect. However, to the extent that there is no inconsistency between any convention and these conditions, these conditions will remain in force.
b The conventions that may apply include but are not limited to:
• Transporting goods by air – the W arsaw Convention of 1929 or the Convention for the Unification of Certain Rules for International Carriage by Air (“the Montreal Convention) as amended and in force from time to time and from country to country.
• Transporting goods by road – the Geneva Convention on the Contract for the International Carriage of Goods by Road (CMR) 1956, as amended from time to time.
• Transporting goods by sea – the International Convention for Unification of Certain Rules of Law relating to Bills of Lading 1924, as amended from time to time.
c You understand that the limits of our liability under the whole agreement to you or any other person may be modified by any convention that applies. More than one convention may apply to any one delivery. If you are in doubt as to which conventions apply to any particular delivery you will satisfy yourself as to the provisions which will apply before we agree to carry the goods.

15 INTELLECTUAL PROPERTY
If we supply you with computer software or documents, you agree that:
• we keep all copyright, trademarks, know how and other rights in and to the software or documents; and
• any hardware we provide, such as computers, keyboards and printers, will still belong to us and you must return them to us immediately if we ask you to.

16 REASONABLENESS AND FAIRNESS OF THESE CONDITIONS
You and we declare that these conditions are fair and reasonable in all the circumstances and, in particular, they take into account:
• the availability of similar services;
• the charge we make for our services;
• that you are free to arrange insurance for your goods; and
• that we do not provide insurance for your goods.

17 ENDING OR SUSPENDING THE AGREEMENT BETWEEN US
a At any time we may end or suspend the agreement between us for any reason at our complete discretion.
b Ending the agreement under this clause will not limit any
other right we may have.

18 RELEVANT LAWS AND ENFORCING THESE CONDITIONS
a These conditions may be amended by any relevant laws which apply to them or to us. Any part of these conditions which conflicts with a relevant law will be overridden.
b Nothing in these conditions will remove our rights or increase our responsibilities or liabilities under any law which applies to any service we provide in connection with your goods.
c If any part of these conditions is found to be illegal or cannot be enforced, the other parts of these conditions will not be affected.

19 RIGHTS OF THIRD PARTIES
a Except as set out within clause 1 and section b below , these conditions do not create any right which can be enforced by anyone other than you or us (a third party) under the Contracts (Rights of Third Parties) Act 1999. This clause does not affect any third party’s rights which exist other than under that act.
b If we agree, our subcontractors and employees can have the benefit of the limits set out in clauses 5, 7, 12 and 13. However, we do not need those subcontractors’ and employees’ permission to make any change to these conditions.

20 GOVERNING LAW
The agreement between you and us, as formed by these conditions, will be governed by English law. Any disputes will only be dealt with in the courts of England and Wales.

GRAND PRIX EXPRESS LTD MOCHDRE BUSINESS PARK COLWYN BAY
CONWY LL28 5HB
Tel: 01492 545293
Web: www.grandprixexpress.com
Registered in England & Wales No. 3204151 Created: April 2017 Updated: March 2023