CONDITIONS OF CARRIAGE


Effective from 1 June 1999


Mail Box Express (Leeds) Ltd (hereinafter referred to as “the Carrier”) is not a common carrier and accepts goods for carriage only upon that condition and the conditions set out below. No servant or agent of the carrier is permitted to alter or vary these conditions in any way unless expressly authorised in writing to do so.

1. 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 carrier contracts to deliver the goods.
“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 I of the Authorised and Approved List of Dangerous Substances, explosives, radioactive substances and any other substance presenting a similar hazard.

2. Parties and Sub-Contracting


(1) The customer warrants that he is either the owner of the goods in any consignment or is authorised by such owner to accept these conditions on such owner’s behalf.
(2) The carrier and any other carried employed by the carrier may employ the services of any other carried for the purpose of fulfilling the Contract in whole or in part and the name of every such carrier shall be provided to the customer upon request.
(3) The carrier contracts for itself and as agent of the trustee for its servants and agents and all other carriers referred to in (2) above and such other carrier” servants and agents and every reference in conditions 3-19 inclusive hereof “the carrier” shall be deemed to include every such carrier, servant and agent with the intention that they shall have the benefit of the Contract and collectively and together with the carrier be under no greater liability to the customer or any other party than is the carrier hereunder.
(4) Notwithstanding condition 2(3) the carriage of goods in any consignment by rail, sea, inland waterway or air is arranged by the carrier as agent of the customer and shall be subject to the conditions of the rail, shipping, inland waterway and air carrier contracted to carry the goods. The carrier shall be under no liability whatever to whomsoever and however arising in respect of such carriage. Provided that where goods are carried partly by road and partly by such other means of transport any loss, damage or delay shall be deemed to have occurred while the goods were being carried by road unless the contrary is proved by the carrier.

3. Dangerous Goods


Dangerous Goods must be disclosed by the customer and if the carrier agrees to accept them for carriage they must be classified, packed and labelled in accordance with the statutory regulations for the carriage by road of the substance declared. Transport Emergency Cards (Tremcards) or information in writing in the manner required by the relevant statutory provisions must be provided by the customer in respect of each substance and must accompany the consignment.

4. Loading and Unloading


(1) Unless the carrier has agreed in writing to the contrary with the customer: (a) The carrier shall not under any obligation to provide any plant, power or labour, other than that carried by the vehicle, required for loading or unloading the consignment.
(b) The customer warrants that any special appliance required for loading or unloading the consignment which are not carried by the vehicle will be provided by the customer or on the customer’s behalf.
(c) The carrier shall be under no liability whatever to the customer for any damage whatever, however caused, if the carrier is instructed to load or unload goods requiring special appliances which, in breach of the warranty in (b) above, have not been provided by the customer or on the customer’s behalf.
(d) The carrier shall not be required to provide service beyond the usual place of collection or delivery but if any such service is given by the carrier it shall be at the risk of the customer.
(2) The customer shall indemnify the carrier against all claims and demands whatever which could not have been made if such instructions as are referred to in (1)(c) of this condition and such service as is referred to in (1)(d) of this condition had not been given.

5. Consignment Notes


The carrier shall, if so required, sign a document prepared by the sender acknowledging the 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 carrier.

6. Transit


(1) Transit shall commence when the carrier takes possession of the consignment whether at the point of collection or at the carrier’s premises.
(2) Transit shall (unless otherwise previously determined) end when the consignment is tendered at the usual place of delivery at the consignee’s address within the customary cartage hours of the district. Provided that:
(a) if no safe and adequate access or no adequate unloading facilities there exist then transit shall be deemed to end at the expiry of one clear day after notice in writing (or by telephone if so previously agreed in writing) of the arrival of the consignment at the carrier’s premises has been sent to the consignee; and
(b) when for any other reason whatever a consignment cannot be delivered or when a consignment is held by the carrier “to await order” or “to be kept till called for” or upon any like instructions and such instructions are not given or the consignment is not called for and removed, within a reasonable time, then transit shall be deemed to end.

7. Undelivered or Unclaimed Goods


Where the carrier is unable for any reason to deliver a consignment to the consignee or as he may order, or where by virtue of the proviso to condition 6(2) hereof transit is deemed to be at end, the carrier may sell the goods and payment or tender of the proceeds after deduction of all proper charges and expenses in relation thereto and of all outstanding charges in relation to the carriage and storage of the goods shall (without prejudice to any claim or right which the customer may have against the carrier otherwise arising under these conditions) discharge the carrier from all liability in respect of such goods, their carriage and storage. Provided that:

(1) the carrier shall do what is reasonable to obtain the value of the consignment and
(2) the power of sale shall not be exercised where the name and address of the sender or of the consignee is known unless the carrier shall have done what is reasonable in the circumstances to give notice to the sender or, if the name and address of the sender is not known, to the consignee that the goods will be sold unless within the time specified in such notice, being a reasonable time in the circumstances from the giving of such notice, the goods are taken away or instructions are given for their disposal.

8. Carrier’s Charges


(1) The carrier’s charges shall be payable by the customer without prejudice to the carrier’s rights against the consignee or any other person. Provided that when goods are consigned “carriage forward” the customer shall not be required to pay such charges unless the consignee fails to pay after a reasonable demand has been made by the carrier for payment thereof.
(2) Except where a quotation states otherwise all quotations based on a per Kilo rate shall apply to the gross weight unless:
(a) the size or shape of a consignment necessitates the use of a vehicle of greater carrying capacity than the weight of the consignment would otherwise require, in which case the tonnage rate shall be computed upon and apply to the carrying capacity of such vehicle as is reasonably required.
(3) Charges shall be payable on the expiry of any time limit previously stipulated and the carrier shall be entitled to interest at 5 per cent above the Clearing Bank Base Rate current at this time, calculation on a daily basis on all amounts overdue to the carrier.

9. Liability for Loss and Damage


(1) The customer shall be deemed to have elected to accept the terms set out in (2) of this condition unless, before the transit commences, the customer has agreed in writing that the carrier shall not be liable for any loss or mis-delivery of or damage to goods however or whatever cause and whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the carrier.
(2) Subject to these conditions the carrier shall be liable for:
(a) loss or mis-delivery of or damage to livestock, bullion, money, securities, stamps, precious metals or precious stones only if:
(i) the carrier has specifically agreed in writing to carry any such items and
(ii) the customer has agreed in writing to reimburse the carrier in respect of all additional costs which results from the carrying of the said items and
(iii) the loss, mis-delivery or damage is occasioned during transit and results from negligent act or omission by the carrier;
(b) any loss or mis-delivery of or damage to any other goods occasioned during transit unless the same had arisen from, and the carrier has used reasonable care to minimise the effects of:
(i) Act of God;
(ii) Any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, military or unsurped power or confiscation, requisition, or destruction of or damage to property by or under the order of any government or public or local authority;
(iii) Seizure of forfeiture under legal process;
(iv) Error, act, omission, mis-statement or mis-representation by the customer or other owner of the goods or by servants or agents of either of them;
(v)Electrical goods that are not in the original manufacturers packaging
(vi) Inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods;
(vii) Insufficient or improper packing;
(viii) Insufficient or improper labelling or addressing;
(ix) Riot, civil commotion , strike, lockout, general
(x) Consignee not taking or accepting delivery within a reasonable time after the consignment has been tendered.
(3) The carrier shall not in any circumstances be liable for loss of or damage to goods after transit of such goods is deemed to have ended within the meaning of condition 6(2) hereof, whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrong doing on the part of the carrier

10. Fraud


The carrier shall not in any circumstances be liable in respect of a consignment where there has been fraud on the part of the customer or the owner of the goods or the servants or agents of either in respect of that consignment, unless the fraud has been contributed by the complicity of the carrier or of any servant of the carrier acting in the course of his employment.

11. Limitation of Liability


(1) Except as otherwise provided in these conditions, the liability of the carrier in respect of loss or mis-delivery of or damage to goods, however sustained, shall in all circumstances be limited as follows:
(a) To the value of the consignment where, at any time prior to the commencement of transit, the customer has given seven days’ written notice to the carrier requiring that the limit of the carrier’s liability to be set at the value of the consignment where this value exceeds £25.000.

Provided that:

(i) nothing in this condition shall limit the liability of the carrier to less than the sum of £10;
(ii) the carrier shall be entitled to require proof of the value of the whole of the consignment and of any part thereof lost, mis-delivered or damaged;
(iii) the customer shall be required to agree with the carrier the carriage charges appropriate to the value of the consignment where the limit of liability is increased above £25,000.

(2) Notwithstanding condition 11(1), the liability of the carrier in respect of the indirect or consequential loss or damage, however arising and including loss of market, shall not exceed the amount of the carriage charges in respect of the consignment or the amount of the claimant’s proved loss, whichever is the smaller, unless:
(a) Notwithstanding condition 11(1), the liability of the carrier in respect of the indirect or consequential loss or damage, however arising and including loss of market, shall not exceed the amount of the carriage charges in respect of the consignment or the amount of the claimant’s proved loss, whichever is the smaller, unless:
(b) at the time of entering into the contract with the carrier the customer declares to the carrier a special interest in delivery in the case of loss or damage or of an agreed time limit being exceed and agrees to pay a surcharge calculated on the amount of that interest, and
(c) Prior to the commencement of transit the customer has delivered to the carrier written confirmation of the special interest, agreed time limit and amount of the interest.

12. Insurance


The carrier shall insure his liabilities arising out of the carriage of goods under these conditions.

13. Indemnity to the Carrier


The customer shall indemnify the carrier against:

(1) all consequences suffered by the carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) of any error, omission, mis-statement or mis-representation by the customer or other owner of the goods or by any servant or agent of either of them, insufficient or improper packing, labelling or addressing of the goods or fraud as in Condition 10;
(2) all claims and demands whatever by whomsoever made in excess of the liability of the carrier under these conditions;
(3) all losses suffered by and claims made against the carrier resulting from loss of or damage to property caused by or arising out of the carriage by the carrier or dangerous goods whether or not declared by the customer as such;
(4) all claims made upon the carrier by HM Customs and Excise in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended.

14. Time Limits for Claims


The carrier shall not be liable for:

(1) loss from a parcel, package or container or from an unpacked consignment or for damage to a consignment or any part of a consignment unless he is advised thereof in writing otherwise than upon a consignment note or delivery document within three days, and the claim is made in writing within seven days, after the termination of transit;
(2) loss, mis-delivery or non-delivery of the whole of a consignment or of any separate parcel, package or container forming part of a consignment unless he is advised of the loss, mis-delivery or non-delivery in writing otherwise than upon a consignment note or delivery document within twenty-eight days, and the claim is made in writing within forty-two days, after the commencement of transit.

Provided that if the customer proves that

(a) it was not reasonably possible for the customer to advise the carrier or make a claim in writing within the time limit applicable and
(b) such advice or claim was given or made within a reasonable time, the carrier shall not have the benefit of the exclusion of liability afforded by the condition.

15. Lien


The carrier shall have a general lien against the customer, where the customer is the owner of the goods, for any monies whatever due from the customer to the carrier. If such a lien is not satisfied within a reasonable time, the carrier may, at his absolute discretion sell the goods, or part therefore, as agent for the customer and apply the proceeds towards the monies due and the expenses of the retention, insurance and sale of the goods and shall, upon accounting to the customer for any balance remaining, be discharged from the liability whatever in respect of the goods. Where the customer is not the owner of the goods, the carrier shall have a particular lien against said owner, allowing him to retain possession, but not dispose of, the goods against monies due from the customer in respect of the consignment.

16. Unreasonable Detention


The customer shall be liable for the cost of unreasonable detention of any vehicle, trailer, container or sheet but the rights of the carrier against any other person in respect thereof shall remain unaffected.

17. Computation of Time


In the computation of time where any period provided by these conditions is seven days or less, Saturdays, Sundays and all statutory public holidays shall be excluded.

18. Loss Adjustment


The value of the consignment or part consignment shall be taken as its invoice value if the goods have been sold. Otherwise it shall be taken as the cost thereof to the owner.

19. Impossibility of Performance


The carrier shall be relieved of its 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 the carrier.

TESTIMONIALS

As solicitors we need a courier we can trust and Mail Box Express fit the bill. They’re reliable and bring a flexible approach to solving our delivery problems as well as working with us to keep the cost down.

Paul Beales , Head of Business Support, Shulmans LLP

I can’t speak highly enough about the service provided by Mail Box Express. Mail Box Express’s Managing Director took the time to understand our business and our needs. Then, not only did he provide a solution suited to our exact needs at the time, but more impressively, he continues to periodically review our requirements and tailors new solutions as necessary. I would definitely recommend anyone to test drive the services available from Mail Box Express and I’m sure they’ll be quickly impressed with their value for money service, reliability and total professionalism.

Graeme Hodgson , Events Director, Jane Tomlinson’s ‘Run For All’

With turnaround times in the print Industry being constantly reduced I need to have a national same day and overnight courier that I can absolutely rely on. Mail Box Express have been that very company for the past four years. I have no hesitation in recommending Mail Box Express to any company who are looking to use a thoroughly professional and competitively priced national courier company.

John Egan, Account Manager, Anorak

I have recently moved jobs and, having previously used Mail Box Express, decided to use them as our courier at Spice Limited. I’m extremely pleased with their services and most recently had to call them out of office hours to collect two very important documents for a same day delivery on a weekend. The collection was made on time and the Mail Box customer service was spot on. They even called to ensure that everything had been carried out to our satisfaction – it had 100%! I would highly recommend them for a more personal touch to your courier needs, as opposed to the larger companies, who do not offer such a hands-on service.

Claire Dean, PA to David Owens & Oliver Lightowlers, CEO & Group Finance Director Spice Limited

The E-Billing is great. It allows us to receive invoices quickly and for us to cross reference with our courier booking forms before sending to Finance. This ensures that Finance have all the correct information as soon as they receive it which is great for business efficiency.

The Online Tracking is indispensable too. Clients regularly ask for proof of delivery and this really helps us to meet their needs.

Mail Box Express also suggested an idea to us which had the potential to save our business around £30,000 a year. Mail Box Express also saved us money when we rebranded by collecting, free of charge, all our old stationery from our UK offices and taking it to a central location for distribution to various charitable organisations and schools.

Top 25 Global Legal practice

When we really needed the addition of extra vans and drivers – a cost that would have made the additional business opportunities prohibitive – Mail Box Express took away these problems and presented us with a great solution. It enabled us to have our daily deliveries with an uninterrupted service, with effective online planning and execution of on-time delivery. We couldn’t be more pleased with the effectiveness and flexibility of the Mail Box Express service and very happy their staff will go the extra mile knowing they represent both their own company and our growing reputation.

Clive Brook, Volvo Dealer

Many thanks to the Birmingham team for the fantastic service – particularly with showing extreme commitment in ensuring we meet our deadlines.

D Williams, Finance Director, Slap & Tickle Ltd

Mail Box Express is an extension of our team. We call on them to fill gaps whenever we’re short-staffed to do jobs like the banking.

We trust Mail Box Express with our most valuable documents and we can track and trace the package on route.

For 24 hour reliability, you cannot get better.

Philip Drazen, Head of Business Law, Lupton Fawcett

We’ve been using Mail Box Express as our sole courier firm for the past 2 years and have found them to be totally professional. Our Facilities Team say they have found Mail Box Express to be polite, flexible, efficient, always go the extra mile to help and we are very happy to continue using them as our courier service.

Susan Fitzsimons, Office Manager, Hempsons

Mail Box Express have been the most reliable and professional courier company I’ve come across. Keep up the good work!

Calvin Hargreaves, Assistant Supervisor, USDAW

I called Mail box Express at 5.20pm on a Friday evening with a BIG problem! We needed to get some large format graphics couriered to a venue for an awards dinner the following evening and our previous supplier had just let us down. One call to Mail Box Express and the problem was solved. At 6.33pm the very same evening, the graphics had been collected from our printers in Leeds and delivered to the venue in Bradford. All this for a fantastic price, despite being a last minute request that other suppliers may well have chosen to take advantage of. Brilliant!! I can’t thank or praise Mail Box Express enough!

Rob Woodhead, Project It Event Production

Just a short note to thank you for all your hard effort and commitment (at ridiculous hours), which over the past week has been very much appreciated

Sharon, Corporate Finance, Ernst & Young

I felt I should write to you to compliment your organisation and staff in the service you provide to Walker Morris. The attention given to each delivery by yourselves is by far greater than that generally provided in the industry.

Richard Gozzard, Office Services Manager, Walker Morris Solicitors

On behalf of all of us at British Fuels I would like to thank you and Mail Box Express for the excellent service and professional way you helped us get our tend to Birmingham. It was very much appreciated by all concerned and we will have no hesitation in using your services again.

D.C., Port Chief Executive, British Fuels Ltd

Many Thanks for the excellent job yesterday. Your speedy service made sure that we got an exclusive story for our paper.

Janet Kasumovic, Group Administration Controller, Sport Newspaper Ltd

Whenever anyone asks me to recommend a courier I always give them your details. As I presume you do if anyone asks do you know a good reliable printer. As you know I have used your services for the best part of 20 years and although our volume is not fantastic, you still treat us with the efficiency and courtesy that I’m sure you do with much bigger users

Simon Baurley, Director, Smallprint

Mail Box Express always deliver a great service from start to finish.

Liz Walker, Office Manager, FARRELL & CLARK LLP, ARCHITECTS

In the passed two years I have found Mail Box Express friendly , reliable from the moment that I ring to arrange a collection until it reaches it’s destination. The drivers are always smart and helpful and will even ring back when something is delivered that is urgent.

Janice Rutter, Management Assistant, DSV Air & Sea (UK) Ltd

We have used Mailbox for at least 10 years now and the working relationship we have with MBE is an excellent one. Always there when needed , reliable, superb at keeping us informed of any difficulties , polite and a joy to work with. I could never see us using anyone else. I recommend MBE to anyone out there who is looking for a reliable courier company.

Andy Ibbotson, Internal Services Assistant Manager, Cobbetts LLP

Mail Box Express has been our sole courier for several years. Despite being approached by other couriers with all kinds of special offers we have continued to use MBE. They are reliable and will always help in advising the best and most efficient way of delivering items. I would have no hesitation in recommending them to anyone.

Derek Mosby, Robin Simon LLP

Latest Confirmed Traffic Information

A38 eastbound within the B3416 junction | Eastbound | Accident
Location : The A38 eastbound between the junctions with the A374 Plymouth and the A3121 . Lane Closures : Lane one is closed. Reason : Road traffic collision. Status : Currently Active. Time To Clear : The event is expected to clear between 22:00 and 22:15 on 14 August 2020. Return To Normal : Normal traffic conditions are expected between 22:00 and 22:15 on 14 August 2020. Lanes Closed : There is one of three lanes closed.
A38 westbound between A374 near Liskeard and A390 near Liskeard (east) | Westbound | Congestion
Location : The A38 westbound between the junctions with the A374 west of Plymouth and the A390 Liskeard East. Reason : Congestion. Status : Currently Active. Return To Normal : Normal traffic conditions are expected between 21:15 and 21:30 on 14 August 2020. Delay : There are currently delays of 10 minutes against expected traffic.
M1 northbound between J14 and J15 | Northbound | Broken down vehicle
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M57 J1 northbound access | Northbound | Spillage
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