TERMS & CONDITIONS
Please read these Terms and Conditions very carefully and particularly clauses which set out the extent of our liability under these Terms and Conditions and provide for an idemnity by you in certain circumstances.
Please note that certain items are Prohibited items and cannot be sent by any of our Services. Please check your item against the Prohibited Items List in our website. We reserve the right to deal with any Prohibited Items at our sole discretion without being liable in any way to you or the recipient of the Consignment containing the Prohibited Item(s).
This means, if these prohibited items are carried, they are carried without compensation cover for damage or loss, regardless of whether compensation cover is taken out. We have the righ to dispose of any Prohibited Items, in whole or in part, as we decide and reserve the righ to charge you for any reasonable costs we incur in doing so.
Certain other items are carried without compensation cover for damage and at your own risk, regardless of whether compensation cover is taken out. We do not accept any liability for damage to or made by these items caused through the use of our Service (the No Compensation Items).
- In these conditions:
- “Company” means First Flight Courier & Cargo Ltd.
- “Goods” / "Consignment" means any documents and parcels which are accepted by the Company for carriage (including containers and packaging) from one address to another.
- “Prohibited Items” means and includes all goods and materials, the carriage of which is prohibited by any laws, rules and regulations applicable to the carriage, including dangerous and hazardous, combustible or explosive materials, as well as drugs, live or dead plants or animals, foods, cosmetic, liquor, fine arts, antiques, precious metals, and stones, gold and silver in any form, currency (paper or coin) credit cards and traveller’s cheques, negotiable Securities and certificates and any other negotiable items, material that could be considered as pornographic or offensive or politically sensitive.
- “Customer” means and includes the Sender, consignor, consignee, holder of this consignment note, receiver and owner of the goods, or any other party having a legal interest in the goods.
- “Sender” means the person or organisation ordering the carriage.
- " No Compensation Items" means items that are carried without compensation cover for damage and at your own risk.
- "Out of Gauge" a Consignment is deemed Out of Gauge if it is outside of the weight and dimensions that we carry on a particular service.
- The Company is not a common carrier and accepts goods for conveyance on these conditions only. No servant or agent of the company has authority to alter, vary or waive any provision in the contract in any respect.
3. The Company accepts goods for conveyance on the basis that (a) to (e) of these conditions are all fulfilled and the customer warrants that they are fulfilled:
(a) that the customer is either the owner of or acting as fully authorised agent of the owner of the goods and that if any other person has an interest on the goods the customer is acting as his fully authorised agent also;
(b) that the goods do not comprise a letter or letter which the post office has an exclusive right to convey;
(c) that the goods do not contain prohibited items as described above;
(d) that the goods do not comprise or include documents or other things which it is illegal to take out of England or to take into the country to which they are consigned;
(e) that the goods are not fragile;
4. The customer shall pay to the company for each consignment of goods in accordance with the company’s current tariff of charges, copies of which are available on request from the company’s places of business. Payments shall be made promptly and in full. No deductions shall be made on account of any alleged claims against the company for compensation or otherwise. However sender is and shall always remain responsible and liable as principle debtor / obligor for all freight charges, duties, taxes and for all other payments, expenses, fines, penalties, loss or damage incurred or suffered by the company or its agents in connection with the goods. All other customers are jointly and severally liable in this respect.
5. The company is entitled to convey goods:
(a) by its own servants and / or by any airline, delivery company / and or other independent contractors;
(b) by any means of conveyance;
(c) by any route whatsoever;
6. If for any reason beyond the company’s control it is unable to convey the goods to the address to which they are consigned or to effect delivery at the said address;
(a) The company shall endeavour to communicate with the customers and request a new address to which the goods can be delivered on the country in which they are then lying.
(b) If the company is unable to communicate with the customer within a reasonable time or if it is not provided with a new address for delivery the company shall be a liberty to deal with the goods in accordance to condition 15 hereinafter set out or to destroy them.
7. The company has the right to but not the obligation, to inspect any shipment including, without limitation, opening the shipment.
8. The company shall be liable to pay compensation for loss, damage, misdelivery or delay occurring in respect of the goods caused solely by its own negligence or the negligence of its own servants, subject to the following;
(a) compensation shall not exceed the value of the goods or 2 times the tariff charge for conveying them, whichever is the less with a maximum of US $100 (US Dollar One Hundred Only) per consignment;
(b) compensation shall not be payable in respect of indirect of consequential loss;
(c) the said loss, damage, misdelivery or delay shall have been reported to the company within 3 days from the date of delivery;
(d) any claim or compensation shall have been intimated within three days of the said loss, damage, misdelivery or delay having been reported to the company
(e) Any legal proceedings relating to a claim for compensation shall be commenced within the three months of the consignment of the goods.
9. Except as set out in condition 8, the company shall not be in any liability whatsoever in respect of goods.
10. Without prejudice to the generality of condition 9 and for the avoidance of doubt the company shall not be liable whatsoever in respect of any losses caused;
(a) Partly by its negligence and / or the negligence of its servants and partly by the negligence of the customer.
(b) by its independent contractors in any manner whatsoever
11. The company’s servants on whose behalf the company contracts with the customer shall not be in any liability whatsoever in respect of goods.
(a) While the company will endeavour to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules, the company, will not, under any circumstances be liable for any delay in pick-up, transportation or delivery of any shipment regardless of the cause of such delay.
12. Further, the company shall not be liable for any loss, damage, misdelivery or non-delivery;
(a) Due to act of god, force majeure occurrence, war, riot, hijack, strike, lock out, labour dispute, weather conditions, mechanical breakdown, obstruction of any public or private road or highway or any cause reasonably beyond the control of the company;
(b) Caused by the act default or omission of the Sender, the consignee of any other party who claims an interest in the shipment (including violation of any terms and conditions hereof or of any person other than the company, or of any customs or postal services or any other Government officials, forwarder or other entity or person to whom a shipment is tendered by the company for transportation to any location not regularly served by the company regardless whether the sender requested or had knowledge of such third party arrangements;
(c) Caused by the nature of the shipment of any defect, characteristic or inherent vice thereof;
(d) Caused by electrical or magnetic injury, erasure or other such damage to electronic or photographic images or recordings in any form.
(e) Caused by or contributed to by any deficient, incorrect or ambiguous labelling of a Consignment and you agree to be responsible for ensuring that such labelling is clear and unambiguous.
13. In the event of any loss, damage, delay or misdelivery occurring in respect of goods by reason of any acts or default of an independent contractor employed by the company and / or while the goods are in the possession of such an independent contractor the company shall at the request of the customer assign to the customer and right of action the company may have against the independent contractor.
14. The customer shall indemnify the company against;
(a) Any expenses incurred as a result of its inability for any reason beyond its control to convey or deliver goods to the address to which they were consigned or at all;
(b) Any claims, costs and demands by third parties, relating to the goods;
(c) Any losses or liabilities that we may suffer through a breach by you of any of your obligations set out in this Terms and Conditions.
(d) You agree that we shall not be required, and that you shall not cause us, to carry anything if it would be illegal or unlawful for us to do so (either in the Uk or any country to which a Consignment is to be delivered). You agree that should you do this, you will idemnify us against any losses and/or damage that we may suffer as a consequence.
15. The Company shall have a lien for any amount due under the contract and the costs of recovering the same, if any lien is not satisfied within a reasonable time the company may sell the goods either privately or by auction and apply the proceeds in or towards the discharge of the lien and the expenses of sale.
16. This contract is governed by English Law and any dispute arising under it shall within the exclusive jurisdiction of the English Courts.