TERMS & CONDITIONS
For clarification of these Terms and Conditions, unless determined otherwise within the text, the following terminology shall have the following meanings.
- ‘I.V.S. Ltd’ means Icon Vehicle Solutions Ltd.
- The 'Client' means any person, association or Company requesting I.V.S. Ltd to transport a Consignment, and specifically includes any servant, agent or sub-contractor of the Client.
- 'Consignment' means any vehicle, machinery, or goods in one load, at the request of the Client from any one Collection Point to any one Delivery Point.
- 'Collection Point' means any address at which any Consignment is to be collected or received by I.V.S. Ltd.
- 'Delivery Point' means any address to which any Consignment is to be delivered by I.V.S. Ltd including any alternative Delivery Point specified by the Client.
ACCEPTANCE OF TERMS AND CONDITIONS
Any business undertaken by I.V.S. Ltd or any information advice or service supplied by I.V.S. Ltd is undertaken or provided subject to these Terms and Conditions which shall be the terms of any contract between I.V.S. Ltd and the Client.
These Terms and Conditions subject to and together with any variation agreed in writing between I.V.S. Ltd and the Client shall constitute the entire contract, and shall take precedence over any prior agreement or arrangement, in particular shall operate to the exclusion of any terms and conditions at any time imposed by the Client. On acceptance by I.V.S. Ltd of any Consignment(s) the Client shall be deemed to have accepted these Terms and Conditions.
The Client acknowledges that it has not entered into this agreement relying upon any representation made by or on behalf of I.V.S. Ltd and without prejudice to the generality of the foregoing, the Client has not relied upon any correspondence, statement or sales literature issued by or on behalf of I.V.S. Ltd, either directly or indirectly.
I.V.S. Ltd is not a common carrier and will only transport Consignments subject to these Terms and Conditions. I.V.S. Ltd reserves the right at its absolute discretion to:-
- Subcontract any part or parts of a Consignment.
- Refuse to accept any Consignment (or part thereof) for delivery
- Deliver the Consignment by any available route
Without prejudice to the provisions contained herein, the Client acknowledges that I.V.S. Ltd is under no obligation to accept Dangerous goods or any Consignment containing Dangerous goods for delivery.
The Client hereby warrants:-
- That the Consignment does not constitute or contain Dangerous goods, or any substance the possession, storage or delivery of which is a criminal offence. Or which is in breach of any provision of any statute, regulation or bye-law in force in any part of the UK, or any jurisdiction to or through which the Consignment is to be delivered.
- The Client has authority in respect of the Consignment to authorize collection and delivery by I.V.S. Ltd from the Collection Point to the Delivery Point.
The Client hereby agrees to indemnify I.V.S. Ltd against any loss, damage claim, cost or expense which the Carrier its employees, sub-contractors or agent may incur directly or indirectly as a result of any breach of the warranty given on behalf of or by the Client.
DELIVERIES
I.V.S. Ltd shall use its reasonable endeavors to deliver the Consignment to the Delivery Point within the time specified by the Client. However the time of delivery shall not be of the essence of the contract, unless agreed by I.V.S. Ltd in writing prior to the placing of the Order.
I.V.S. Ltd shall take all reasonable steps to obtain a receipt from the consignee, and such receipt shall be conclusive evidence of the date time and place of delivery.
I.V.S. Ltd shall make one attempt to deliver a Consignment to the Delivery Point within the delivery time specified by the Client. If the Consignment cannot be delivered I.V.S. Ltd will have the option to either make a further attempt to deliver the Consignment to the Delivery Point or to deliver the Consignment to any other Delivery Point specified by the Client, in either event at the Client's cost.
If delivery does not take place under the provisions provided herein, other than by reason of any failure or default of I.V.S. Ltd its employees, agents or sub-contractors or if the Client does not specify an alternative Delivery Point within 24 hours of being requested to do so by I.V.S. Ltd, the Client shall be liable to I.V.S. Ltd for all storage, carriage charges and expense incurred by I.V.S. Ltd between the date on which delivery was first attempted and the date on which delivery is made under the provisions contained herein or the date of sale of the Consignment under other provisions contained herein.
If delivery does not take place under the provisions contained herein, I.V.S. Ltd shall be entitled to dispose of the Consignment, or any part thereof, at any time after giving the Client 7 day’s written notice of its intention to do so.
I.V.S. Ltd shall be under no obligation to deliver any Consignment as a whole and shall be free in its absolute discretion to make more than one delivery to complete the contract.
ADDITIONAL SERVICES
I.V.S. Ltd shall not be under any obligation to provide any plant, equipment, machinery, power or labour which may be required for loading or unloading the Consignment at the Collection Point or the Delivery Point.
Any Consignment or part thereof requiring any special appliance or equipment for loading on to and/or unloading from any vehicle is accepted for carriage only on the condition that the Client has duly ascertained that such appliances are available at the Collection/Delivery points and the Client shall be responsible for the provision and cost of such Appliances or Equipment.
Any assistance given by I.V.S. Ltd beyond the usual act of collection or delivery (including without prejudice to the generality of the foregoing the provision of plant, machinery, equipment, power or labour for loading or unloading at the Collection/Delivery points) shall be at the sole risk of the Client. The Client will maintain and keep I.V.S. Ltd indemnified against any damage expense, loss, costs, claims or demands (including without limitations damage to the Consignment or to any property of the Client, I.V.S. Ltd, the consignee or any third party, whether or not arising out of the negligence of I.V.S. Ltd its employees, agents or sub-contactors) arising directly or indirectly from the provision of such assistance.
LIABILITY FOR LOSS AND DAMAGE
Subject to the provisions contained herein, I.V.S. Ltd shall not be liable for any loss mis-delivery, non-delivery or damage to any Consignment unless such loss, mis-delivery, non-delivery or damage has arisen from any willful default by or negligent act or omission of I.V.S. Ltd its employees, agents or sub-contractors.
LIMITATION OF LIABILITY
Subject to provisions contained herein, the liability of I.V.S. Ltd to the Client arising from any loss or damage of any Consignment or non-delivery or mis-delivery thereof, shall be limited to the reasonable market value of the Consignment. Whether such loss, damage or non-delivery or mis-delivery arises by reason of breach of contract or negligence on the part of I.V.S. Ltd or its employees, agents or sub-contractors or otherwise howsoever provided that:
(i) The liability of I.V.S. Ltd shall in any case be limited to £15,000 in respect of any one Consignment, except where the Client requests an overnight service for delivery to be made the following working day, in which case liability shall be limited to £100 per Consignment.
(ii) I.V.S. Ltd shall not in any case be liable for any indirect consequential or economic loss or damage incurred by the Client or any third party.
(iii) I.V.S. Ltd shall not be liable in respect of any loss or damage to any Consignment that cannot be carried within lockable equipment normally provided by any vehicle requested by the Client of the Courier for delivery of such Consignments.
(iv) I.V.S. Ltd shall be entitled to receive written evidence to its reasonable satisfaction of the value of the Consignment claimed damaged or lost.
(v) I.V.S. Ltd shall not be liable for any loss or damage suffered by reason of;
(a) Failure by the Client to properly address the consignment.
(b) Delivery of the Consignment in good faith at the Delivery Point to a person claiming to be an employee, agent or sub-contractor of the consignee.
(c) Any breach of any warranty given by the Client within provisions contained herein.
(d) The inability of I.V.S. Ltd to perform its obligations due to any circumstances beyond the reasonable control of the Carrier including (without prejudice to the generality of the foregoing) any strike, lock-out, state of hostilities or climatic conditions.
(viii) I.V.S. Ltd shall not be liable for any loss of or damage to any Consignment unless the claim is made upon I.V.S. Ltd in writing within seven days after completion of the delivery.
(ix) The limit of liability referred to above, shall only apply to loss or damage occurring within the United Kingdom. For deliveries outside UK, liability shall be restricted to the amount recoverable by I.V.S. Ltd and actually recovered from the international agent or carrier, chosen at the Carrier s absolute discretion, to deliver the Consignment.
I.V.S. Ltd and the Client have freely and openly negotiated this Contract in the knowledge that the liability of the Carrier is to be limited in accordance with these Terms and Conditions and the price charged by I.V.S. Ltd has been calculated accordingly. The Client acknowledges that a greater price would be payable but for such limitation. It is intended that these terms and conditions should be reasonable as between I.V.S. Ltd and the Client having regard to the nature of the contract, but if at any time any of them is either unenforceable or void at law it shall not adversely affect or prejudice the remainder of them or the Contract, and it shall be deemed to be excluded from these terms and conditions.
CHARGES
The Client shall in respect of delivery of any Consignment pay I.V.S. Ltd charges in accordance with I.V.S. Ltd current tariff of charges within fourteen days from the date of I.V.S. Ltd invoice thereof. I.V.S. Ltd reserves its right to vary its charges from time to time. The tariff of charges is available for inspection by the Client (and a copy will be provided on request) and the tariff shall be deemed to have been inspected by the Client whether or not actually inspected.
I.V.S. Ltd reserves the right to withdraw credit facilities at any time.
No quotation or estimate of charges given by I.V.S. Ltd shall bind I.V.S. Ltd, unless expressed in writing to be a fixed quotation with a date to which such fixed quotation shall be valid in which case the quotation or estimate must be accepted by the Client and delivery must take place prior to that date.
The Client shall pay to I.V.S. Ltd VAT on all monies due to the Courier at the appropriate rate in force.
Unless paid within fourteen days of the date of invoice, I.V.S. Ltd shall be entitled to interest on any unpaid sum at the rate of five per cent per month, calculated on a daily basis, effective from the date of any such unpaid invoice or invoices until the full outstanding balance is settled.
All monies due to I.V.S. Ltd shall be payable in sterling in England.
I.V.S. Ltd shall have a lien over any or all Consignments in respect of any unpaid invoices whether relating to a particular Consignment or otherwise and the Client appoints I.V.S. Ltd its attorney or agent, to sell or otherwise dispose of the same, and to apply the net sale proceeds in reduction or negation of the Client's liability to I.V.S. Ltd.
No payments due to I.V.S. Ltd from the Client shall be withheld by the Client in respect of any claim by the Client or the consignee against I.V.S. Ltd howsoever arising and whether by way of set-off, counterclaim or otherwise.
The Client agrees to indemnify I.V.S. Ltd for all costs and expenses including legal fees and expenses on Solicitor and own Client basis in respect of the recovery of any outstanding amounts due under the contract.
LAW AND JURISDICTION
These Terms and Conditions shall be subject English Law, and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England & Wales.
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