Back QuickOnline 2.0 Conditions of Carriage - Quick Aviation Services
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Quick/Sterling Shipping Agreement
- We confirm that we will not offer for carriage any undeclared hazardous materials or dangerous goods.
- We confirm that our shipments shall not contain any unauthorized explosive, incendiary, weapon or other destructive substance or item.
- Consent to Search or Inspection
The Transportation Security Administration (TSA) requires that shippers provide their Consent to Search or Inspect all shipments tendered for air transport, as stipulated below. Title 49 CFR 1548.9 Acceptance of cargo.
(b) Refusal to transport. Each indirect air carrier must refuse to offer for transport on an aircraft any cargo, if the shipper does not consent to a search or inspection of that cargo in accordance with this part, or parts 1544 or 1546 of this chapter.
- I consent to the search or inspection of all cargo that I ship with Quick/Sterling, including cargo from my suppliers, affiliates and subsidiaries. I am aware that this agreement, along with other shipping documents.
This agreement shall be effective from the receipt of your electronic acceptance forward for all your shipments.
Conditions of Carriage − Quick International (U.S.A) and Sterling Courier Systems (QUICK INTERNATIONAL COURIERS (U.K) LIMITED see below)
Acceptance of this bill of lading by the shipper shall constitute the shipper's agreement to the following:
- Quick will provide pick-up and delivery services as requested by the shipper and will arrange for air or surface transportation as required. Such services will be furnished as agent of the shipper.
- The shipment is insured by Quick for loss, damage or destruction, irrespective of the cause including but not limited to negligence, to actual fair market value (limit 200.00 USD) during pick-up, transport and delivery. There is a charge of 3.00 USD for this insurance and it will be charged automatically unless shipper waives all coverage by checking the appropriate box on front of this bill of lading. The responsibility of Quick under this paragraph shall be reduced to the extent of the value of any other insurance carried by the shipper or any lost or damaged shipment.
- Quick shall not be liable for any loss other than, or in an amount in excess of, that which is described in paragraph 2 above unless arrangements concerning the same are made in advance of shipment. Shipper may request additional insurance up to a maximum of 5,000.00 USD per shipment by showing the amount on the face of this bill of lading and by paying an additional fee as agreed to by the shipper and Quick. The additional valuation and fee must be agreed upon by Quick prior to shipment, and must be entered on the face of this bill of lading.
- Quick shall not be responsible for special or consequential damages experienced by any person as a result of delay, loss or damage to any shipment.
- Quick shall not be liable for any loss or damage which is a result of an act of God, public enemy, authority of law, act of the shipper, act of any third person, or the inherent nature of the shipment itself.
- Live animals, fish, reptiles and insects are carried at shipper's risk only. Quick shall not be liable under paragraph 2 above or otherwise for the death of same in transit, or for the failure of same to arrive at destination in a condition of fitness for any particular scientific, experimental or other purpose. Quick will not be liable for loss or damage to cash, furs, jewelry, negotiable securities or other high-value items, etc., unless the item or items are declared at the time of placing the call, in order to afford Quick an opportunity to adequately protect the shipment.
- The shipper warrants to Quick that the content of the shipment may be lawfully carried aboard airline aircraft, and is not a prohibited substance under any applicable statutes and regulations, and is properly packaged or sheathed for that purpose if necessary. The shipper will indemnify and hold harmless Quick against any loss by the latter as a result of the shipper's violation of this provision.
- Any claim by the shipper for loss or damage in accordance with paragraph 2 hereof shall be noticed in writing to Quick, to address specified on the front side of this form not later than 10 days after loss or damage of the shipment. Such notice must include documentation showing actual value of shipment and proof of loss. No claims will be processed by Quick until all transportation charges have been paid. Claims may not be deducted from transportation charges. Any action or proceedings brought by the shipper against Quick concerning this shipment must be commenced within 180 days after loss or damage of the shipment.
- No agent, employee or representative of Quick has authority to modify any provisions of this Notice to Shippers.
- In the event that payment is not received within 7 days after due date, a finance charge of 1 1/2 percent per month will be due and payable. If this matter is placed with an attorney for collection, reasonable attorney fees will also be due and payable.
STANDARD TERMS AND CONDITIONS − QUICK INTERNATIONAL COURIERS (U.K) LIMITED
The Company is not and does not contract as common carriers. All consignments are accepted by the Company only upon these conditions. No servant agent or subcontractor of the Company has authority to waive, vary or alter these Conditions in any way, save that a Director of the Company is so authorized provided that such waiver or alteration is evidenced in writing signed by such Director.
The Company means QUICK INTERNATIONAL COURIERS (U.K) LIMITED of Unit 50 Phoenix Way Distribution Park Heathrow Heston Middlesex TW5 9NB
The Carriers (whether in regard to carriage or storage of otherwise) means the Company including its servants and agents and its sub−contractors together with their respective servants and agents and any of them.
Customer means any person entering into an Agreement with the Company for the Carriage of a consignment or consignments using the Company's services and includes unless the context otherwise requires his principals, servants, agents, consignee and owner of the goods. "Sender" and
Consignee includes unless the context otherwise requires their respective servants and agents.
Consignment means any goods including separate units thereof whether or not packed or boxed including such packaging which are in the control of the Carriers for the purpose of carriage or storage or in respect of which the Company has agreed to perform any services. "Sub−Contractor" means any person whose services the Company engages or makes use of to perform the whole or any part of the services the subject of this contract.
Dangerous goods means goods included in the list of dangerous goods as defined in the classification, packaging and labelling of dangerous substances regulations (known as the C.P.L. Regulations), the classification and labelling of explosives regulations together with any amendments thereto or goods which present a comparable hazard.
Delay in the carriage of a Consignment shall be deemed to have occurred where delivery of the total consignment shall not have been completed after the expiration of 28 days from the date when transit began.
- The Company may engage agents and/or sub-contractors to perform all or any part of the services the subject of the contract to be provided to the Customer and the Company enters into the Contract for itself and on behalf of such agents and/or sub-contractors, all of whom shall have the benefit of these Conditions and who shall be under no liability to the Customer or anyone claiming through him greater than or in addition to that of the Company under the Contact and the Customer agrees with the Company that no claim shall be made against such agents and/or sub-contractors in addition to or in excess of the limitation and/or exclusions of liability as set out in these Conditions
- The servants, agents and/or sub-contractors of the Company shall be entitled to the benefit of all the provisions herein contained which exclude or restrict liability to any kind. The Company in entering into any agreement incorporating these Conditions does so on its own behalf and as agents for all its servants, agents and/or sub-contractors.
- If the consignment or any part thereof is not the Customer's own unencumbered property, he shall be deemed for the purposes of the contract and these Conditions to be the agent of such owner or other interested party and warrants that he had the authority of all persons owning or having an interest in the consignment or any part thereof to enter this contract and bind them as well as himself of these Conditions. The Customer shall indemnify the Company against any loss, damage or claims made upon the Company by virtue of any want of authority of the Customer to enter into this Contract on behalf of any party having an interest in the goods or any part thereof including any packing materials.
- In entering into any contract with the Company the Customer agrees that he does not contract or deal as a Consumer notwithstanding any statutory or other definition of whatsoever nature to the contrary
Warranties and Indemnities
- The extent of the Company's responsibilities and liabilities are defined herein and the Customer shall indemnify the Company from and against all claims costs and demands of whatsoever nature and by whosoever made and howsoever arising from negligence or otherwise in excess of the liability of the Company under these conditions arising directly or indirectly from the collection, carriage, storage and/or delivery of the Customer's consignment.
- In the absence of written notice to the Company at the time of delivery to it, all goods and the packing within which they are contained are warranted by the Customer to be carried and stored.
- The Customer agrees that he will not submit to the Carriers any consignment containing dangerous, verminous, infested, restricted, contaminated, prohibited or condemned goods unless he shall first have given to the Company in writing full details of the same and obtained the written agreement of the Company to the submission of such consignment.
- The Customer will be responsible for and will indemnify the Company against all losses damage and claims of whatsoever nature made upon the Company for which the Company may be or become liable arising from the tender of a consignment all or part of which consists of dangerous, verminous, infested, prohibited, contaminated, restricted or condemned goods including loss and/or damage sustained by the Company to its own property and injuries or loss sustained by servants or sub-contractors of the Company.
Liability of the Company for loss, misdelivery, damage or delay
Subject to these Conditions the Company shall be liable for:
1 ) Loss or Misdelivery of, or damage to, any part of a consignment occurring during transit as defined by these Conditions unless the Carriers shall prove such loss or misdelivery or damage has arisen from:
- Act of God, including but not limited to storm tempest or flood;
- Any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation requisition, destruction of or damage to property by or under the order of any government or public or local authority, restraint of princes (including administrative or government action);
- Fire, lightning or explosion;
- Seizure under legal process;
- Act, default or omission of whatsoever nature of the customer, his servants or agents or of any person having an interest in the goods;
- Inherent liability due to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods or the materials in which they are packed;
- Insufficient or improper packing;
- Insufficient or improper labelling or addressing;
- Not, civil commotion, strikes, lockouts, stoppages or restraint of trade or labour from whatsoever cause, whether partial or general and whether or not the same shall have received if required official recognition of a Trade Union;
- The failure of the consignee to take or accept delivery within two clear days of notice being given to the Customer or Consignee of the availability of the goods for delivery
2) Loss proved by the Customer to have been caused by delay in the carriage of the consignment unless the Company proves that such delay has arisen without negligence on the part of the Carrier.
Provided that: -
- The Company shall not incur liability of any kind in respect of the consignment where there has been fraud on the part of the Customer;
- Where under this Condition the Company is not under liability in respect of some of the factors causing the loss or misdelivery or damage or delay, it shall only be liable to the extent that those factors for which it is liable under this Condition have contributed to the said loss or misdelivery or damage or delay;
- When goods are consigned as damageable goods not properly protected by packing the Company shall not be liable for loss or misdelivery of, or damage to, or delay to the goods under this Condition except upon proof by the Customer:- that the same was caused by the wilful misconduct of the Carriers; or that subject to these Conditions it would not have been suffered if the goods had been properly protected by packaging;
- Where goods are accepted by the Company for Carriage at Owner's risk the Company shall not be liable for any damage to the goods or delay arising out of such risk except upon proof by the Customer that the same was caused by the wilful misconduct of the Carriers;
- Save as aforesaid the Company shall be under no liability whatsoever in connection with any consignment or any instructions given to it.
Limits of Liability
1) The Company has no knowledge of the value of the consignment and will only make payment or proportionate payment in accordance with this Condition on satisfactory proof of value being provided.
2) The liability of the Company in any event, in respect of the damage or misdelivery or total destruction, or loss in connection with or of any one consignment (howsoever caused) shall not exceed a sum equal to the carriage paid to the Company, together with either:
- a sum calculated at the rate of 10 sterling per kilo (maximum 1,000 per shipment;
- the value of the consignment at the time and place when accepted for carriage whichever shall be the lesser sum.
3) Further to the limits of liability as in 6(2) (a), the Company may procure Supplementary insurance at the Customer's express request in writing and expense against loss damage misdelivery and delay on the terms of the Company's standard marine cargo policy.
4) If part only of a consignment suffers from damage or misdelivery or destruction or loss as aforesaid (however caused the liability of the Company shall be limited to that proportion of the sum calculated by reference to Condition 6(2) which the actual value of such part at the time and place of acceptance for carriage bears to the value of the whole consignment.
5) The liability of the Company in any event in respect of delay in the carriage of any complete consignment shall not exceed a sum equal to the carriage charges received by the Company in respect of that consignment, and in respect of delay in carriage of the consignment shall not exceed that proportion of such sum which the actual value of such part at the time and place of acceptance for carriage bears to the value of the whole consignment.
6) The Company shall not in any case be liable for indirect or consequential losses or for loss of a market.
1) The Company shall not in any event be liable:-
- For the loss or misdelivery of any part of a consignment or damage or delay unless it is advised thereof in writing by the Customer (otherwise than upon any of the Carrier's documents) of a claim and the general nature thereof within 21 days of the end of the transit of the consignment save in respect of late arrival in any carriage service with an assured Delivery Date in which case the said 21 days shall run from the time when the goods should have been delivered for claims for refund of carriage charges; or
- For damage of any description unless the damaged goods are made available for inspection by the Company or its appointed representative for a reasonable period following the submission of a claim; or
- For loss, misdelivery or non-delivery of the whole of the consignment unless it is advised of the loss, misdelivery or non-delivery in writing by the Customer (otherwise than upon any of the Carrier's documents) within 28 days and the claim is made in writing within 42 days after transit began.
Provided that if in any particular case the Claimant proves that:-
- It was not reasonably possible to advise the Company or claim in writing within the aforesaid times; and
- Such advice or claim was given or made within a reasonable time; and
- There has been no prejudice to the Company thereby; the Company shall not have the benefit of sub-Clause (a) and (c) hereof.
2) The Company shall in any event be discharged from all liability whatsoever in respect of the consignment unless suit is commenced within a period of time of one year from the termination of transit or, in the case of loss, misdelivery or non-delivery of the whole consignment, from the said 28 days referred to in Condition 7(1)(c) hereof.
3) If not later than 5 days before the expiration of the said period of any agreed extension the Claimant requests an extension in writing of the said one year period, the said time shall continue until the Company's reply. If the said request is refused the said time shall continue for a further 14 days after the day when the Claimant has been advised of such refusal.
- The Company's charges for carriage and storage and any other services incidental thereto shall be payable by the Customer within 30 days of the date of the invoice without prejudice to the Company's rights against the Consignee or any other person. Should the charges not be paid within the period of 30 days then the Customer agrees to pay the Company interest at the rate of 3% above the base lending rate then prevailing of Barclays Bank Plc from the date of the invoice.
- A claim, counterclaim or set off shall not be made the reason for deferring or withholding the payment of monies otherwise due to the Company.
- The Customer shall pay the Company's charges for detention of the Carrier's vehicles, containers or coverings or other equipment or for the use of occupation of other accommodation, whether before or after transit or whilst transit is suspended, unless the Customer proves that such detention or use or occupation has arisen from default of the Carriers.
- The Customer shall be responsible and liable for all charges for services rendered by the Company on its behalf notwithstanding that the Customer may have appointed the company as agent for certain purposes and that the Company may have agreed to collect some or all of such charges from other persons upon the Customer's behalf. The agreement of the Company to make application for payment from third parties shall not relieve the Customer of liability in the event of a non-payment of such third parties.
- The Customer shall be responsible and liable to pay to the Company its costs in respect of any delay encountered as a result of the Carriers being prevented from effecting delivery of the goods for causes other than the Carrier's own negligence and shall pay to the Company its charges in effect of any frustrated or abortive journey occasioned other than by the Carrier's negligence.
- The Company shall be entitled to impose an appropriate charge for supplying any document proving delivery requested by the Customer in respect of each consignment
Despatch and receipt of goods
- Every consignment and part of a consignment of goods shall be addressed and labelled in accordance with the Company's requirements. Except when otherwise agreed every consignment shall be accompanied by a consignment note containing such particulars as the Company may reasonably require.
- The Carriers 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 correctness of the declared nature, quantity or weight of the consignment at the time it is received by the Carriers.
- Unless upon receipt of the consignment the Consignee or his agent notices the Carriers in writing (whether on the consignment note or otherwise) of any loss or damage to the goods and the general nature thereof, the Carriers are deemed to have delivered the consignment prima facie in the same order and condition as when received by them.
Lien and Sale (including undelivered and unclaimed consignments)
1) The consignment and each and every part thereof is accepted by the Company subject: -
- To a lien upon such consignment for monies, charges or expenses due to it in connection with the carriage or storage thereof;
- To a general lien upon such consignment for any other monies, charges or expenses due to it.
2) In case all such monies, charges or expenses due are not paid in full within 30 days from the date upon which the Company first gives notice of the exercise of its lien to the Customer and/or the Owner of the Consignment, the said consignment or any part thereof may be sold and the proceeds of sale applied in or towards the satisfaction of such monies, charges or expenses and all costs incurred in relation to the exercise of the Company's lien and the sale, and the Company shall account for any surplus.
3) The liens provided in (1) hereof shall be exercisable against the Customer and/or owner of the goods and all other persons interested in the consignment or any part thereof and are exercisable to recover monies, charges and expenses due from any one or more of any such persons.
4) Without prejudice to the foregoing in the case of goods which are unidentifiable for whatever reason remaining undelivered and/or abandoned and unclaimed the Company is empowered to sell them provided that reasonable steps have been taken to identify the goods for the purposes of collection or delivery.
1) Transit begins when the goods are handed to or collected by the Carriers for carriage.
2) Transit shall be suspended:-
- When the goods are held by the Carriers at some place other than the destination at the request of or for the convenience of the Customer or because the Customer or Consignee refuses or is unable to take delivery at the destination; or
- When the goods are detained for Customs purposes and shall be resumed when the Carriers resume the carriage of the goods.
3) Transit shall (unless otherwise previously determined) end:-
- In the case of goods to be delivered by the Carriers when they are tendered at the usual place of delivery within the customary delivery hours of the district, or at such other times or places as may be agreed between the Carriers and the Customer;
- In the case of goods not delivered by the Carriers awaiting order or collection, at the expiration of one clear day after notice of arrival has been given either orally or in writing to the Consignee or to the Sender when the address of the Consignee is not known, provided that the addresses of both the Sender and Consignee are not known, the said end shall be the expiration of one clear day after the arrival of the goods at the place to which they are consigned.
4) The Carriers shall be entitled to raise a charge in respect of any wasted or needless journeys made in attempting to effect delivery of the goods.
The Company will store the consignment after termination or during suspension of transit as defined in Condition 11 hereof (unless otherwise agreed) or if the Company accepts instruction for storage whether or not in connection with carriage or any consignment. With the exception of Conditions 5, 7 and 13 all storage shall be subject to the Conditions herein, and in addition to the following special provisions:-
1) The Carriers shall not be liable for any loss or misdelivery or damage or delay of whatever nature or howsoever arising in the case of any consignment or part thereof;
- Except upon proof that such loss or misdelivery or damage or delay has been caused by the neglect or default of the Carriers;
- Caused either wholly or partially and either directly or indirectly by fire or flood, howsoever arising;
- In respect of which the Carriers have given notice that no suitable accommodation for storage is available;
- In respect of which the Carriers have given notice that the Consignment is or has become in their opinion unsuitable for storage.
- The Company may at any time require the Customer to remove the consignment and pay all charges thereon by giving 48 hours' notice of such requirement
- In the event of the whole or any part of the consignment not being removed within 48 hours, the Carriers may after giving a further 28 days' notice of their intention to do so sell the whole or any part of such consignment and payment or tender of the proceeds of sales after deducting the expenses of sale and all other charges due in respect of the consignment shall (without prejudice to any outstanding claim which the Customer may have against the Company) discharge the Company from all liabilities in respect of the consignment.
3) Upon the Customer giving adequate prior notice to the Company, the Company will permit the Customer to enter upon the premises where the consignment is stored for the purposes of inspecting the same at any reasonable time during the normal hours of business.
4) The Company shall not be liable for any loss or misdelivery or damage or delay of whatever nature and howsoever arising in regard to storage unless a claim is made in writing to the Company within seven days of the date when the Customer first acquires knowledge of such loss or misdelivery or damage or delay and unless suit is commenced within one year of the said date; but the Customer shall have the benefit of a like proviso to that in Condition 7(1) hereof in regard to any such claim and the benefit of a like condition to Condition 7(3) hereof in regard to the said commencement of suit.
Means of transport
- Goods accepted by the company for carriage may be carried by such route as the Carriers think it and these conditions shall apply to whatever means or routes by which the goods are carried.
- Goods carried wholly or partly by water or air or rail shall in connection with liability in respect of such carriage be carried subject to the applicable conditions of carriage by water or air or rail of the carrier who carries the goods such conditions to be read as though reference therein to water or air or rail carrier were reference to the Company. In the absence of proof to the contrary where goods are carried partly by land and partly by water or air or rail and loss damage or delay shall be deemed to have occurred whilst the goods are being carried by road.
Loading and unloading
- On collection or delivery at a Sender's or Consignee's premises the Carriers shall be under no obligation to provide any plant, power or labour for loading or unloading.
- Subject to these Conditions, the Carrier's servants and/or employees have no authority to give assistance other than under supervision in the loading and unloading at the usual place of collection or delivery and the Company shall not be liable for any loss or damage howsoever caused including negligence attributable to such or to any other assistance given and the Customer shall indemnify the Company against any claims made against the Company as a result of any such assistance given.
- Consignments or part thereof 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. Where the Carriers are, without prior arrangement in writing having been made by the Customer, called upon to load or unload consignments or parts thereof for which special appliances are required, the Company shall be under no liability whatsoever to the Customer for any damage howsoever caused, whether or not the negligence of the Carriers and the Customers shall be responsible for and indemnify the Company against any damage of liability which the Company may suffer or incur either itself or in respect of loss, damage or injury suffered by the Carrier's employed or any third party.
Computation of time
1. In the computation of time where the period provided by these Conditions is 7 days or fewer, Saturdays, Sundays and public holidays shall not be included.
Other published regulations
1. All goods are carried or stored subject also to any other applicable published byelaws, statutory instruments, Acts or Regulations relating to the service of the Company for the time being.