MISSION DESPATCH LIMITED t/a PARCELEZE – TERMS AND CONDITIONS OF TRADE
Please read these Terms and Conditions with care and particularly this preamble and Clauses 6, and 8, which set out the extent of our liability under these terms and conditions and provide for an indemnity by you in certain circumstances.
Please note that certain items are prohibited from our Services. Check your item against the prohibited item list here: Prohibited Items
Certain other items are carried without compensation cover for damage and are at your risk (i.e. we will not accept any liability for damage to these items caused through the use of our Service). Check your item against the item list not covered for compensation by clicking here
Please note that the price quoted on the website is based on the measurements and weights input into the quotation screen by the customer. The customer is therefore under an obligation to make these as accurate as possible. These measurements are checked before despatch and where they are found to be wrong, to the extent that the price quoted would have been different, we will send an email advising of the fact and the additional amount to be paid. The goods will then be held until either:
a) you pay the difference, or
b) you reclaim the goods
Where we fail to hear from you within 7 days we will, at our discretion, dispose of the goods in any way we see fit and remit the proceeds to you, less the costs of disposal and administration.
1.Definitions and Interpretation
(a)“Consignment” means any item(s) of any sort which are, may be, or are intended to be, received by us from any one sender at any address for “Us” to carry and deliver to any recipient at any other address.
(b)“The Collection Point” means the address at which a “Consignment” is received or collected by “Us”.
(c)“The Delivery Point” means the address to which any “Consignment” is delivered by “Us”.
(d)“The Excepted Risks” means:
(i)war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection, and/or
(ii)ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, and/or
(iii)radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same, and/or
(iv)pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or faster, and/or
(v)the absence, failure or inadequacy of the packing or packaging used for a “Consignment”.
(e)“The Service Order” means the summary of the order which is confirmed to “You” in the confirmation e-mail that is sent once acceptance of the order has occurred.
(f)“This Agreement” means these terms and conditions, together with “The Service Order”.
(g)“Us, We or Our” means Parceleze Limited, together with its directors, employees and any subcontractors and agents acting on its behalf.
(h)“You” means the customer who is contracted with us as set out in “The Service Order”.
(i)“Service” means the service and carriage of a Consignment by us in accordance with the particulars set out in “The Service Order”.
2. Our Obligations
2.1 We will carry out the Service(s) for you whilst this Agreement is in force, in return for the payment by you to us of the price set out in the Service Order and in accordance with the terms of this Agreement.
2.2 We shall have the right to make any changes to the Service(s) which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Service(s) and we shall notify you of any such changes.
2.3 We warrant that the Service(s) will be provided using reasonable care and skill.
3.Loading and Unloading
3.1 If collection or delivery of a Consignment takes place at your premises, we shall not be under any obligation to provide any equipment or labour which, apart from the driver collecting the Consignment, may be required for loading or unloading of a Consignment.
3.2 Any Consignment (or part of a Consignment) requiring any special equipment for loading and unloading shall be accepted by us for transportation only on the understanding and condition that such special equipment will be made available at the Collection Point and the Delivery Point as required. Where such equipment is not available and if we agree to load or unload the Consignment (or part of the Consignment) we shall be under no liability or obligation of any kind to you for any damage caused (however it may be caused) during the loading or unloading of the Consignment. This includes any damage caused whether or not by our negligence and you shall agree to indemnify and hold us harmless against any claim or demand from any person arising out of our agreeing to load or unload the Consignment in these circumstances.
4.Collection and Deliveries
4.1 We will make, at our discretion, at least one but up to three, attempts to deliver a Consignment during normal working hours. If we cannot obtain a delivery receipt at the Delivery Point you agree that we shall be authorised to attempt to deliver the Consignment to, or obtain a delivery receipt from, an alternative address close to the Delivery Point and (if successful) we agree that we will leave at the Delivery Point details of the address to which we have delivered the Consignment. If we are unable to deliver, either to the Delivery Point or a nearby address, we shall return the Consignment to our premises and leave a request for the recipient of the Consignment to contact us to make alternative delivery arrangements to the Delivery Point. If the recipient does not contact us to arrange the alternative delivery within 7 days we will offer to return the Consignment to you at your cost (such cost to be discharged before delivery to you). Where such offer is refused or where the necessary information required to facilitate the return of the Consignment is not provided then the Consignment will be held by us for 30 days before being disposed of without further notice
5.1 You agree that we may use another carrier, agent or subcontractor in order to support our provision of the Services to you, (this will be at our own expense), and you agree that both we and this other carrier, agent or subcontractor shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.
6. Our Liability
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
6.1 Where you deal with us as a consumer, nothing within these terms and conditions shall be deemed to affect your rights under the Unfair Contract Terms Act 1977. For the avoidance of any doubt, when you deal with us as a business the Unfair Contract Terms Act 1977 is hereby excluded to the fullest extent legally possible and you are further referred to additional terms relating to business clients set out below.
6.2 Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence and
(b) fraud or fraudulent misrepresentation.
6.3 As a responsible business, we will perform the Service(s) in a professional manner with the appropriate level of skill and care. However, damage to a Consignment may still occur as a consequence of our handling of it and, in such circumstances, our liability shall be limited as set out in these it Terms and Conditions. The reasoning behind this limitation of our liability is as follows:
(a) The value of a Consignment and the amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which we can easily ascertain but is something which is better known to you. In many cases it cannot be known to us at all and can only be known to you;
(b) The potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that we could reasonably be expected to charge you for providing the Service(s) under this Agreement;
(c) It is not possible for us to obtain cover which would give unlimited compensation for our full potential liability to all of our customers and, even if it were, such cover would be much cheaper if taken out by you (rather than us taking out such cover and passing the cost on to you) and on that basis, it is more appropriate for you to take out such cover;
(d) We wish to keep the costs of providing the Service(s) to you as low as possible;
(e) In light of the above we wish to limit our liability for any damage caused to you to levels which we consider proportionate to our low charges for providing the Services. These amounts are set out in clause 6.9;
6.4 In these Terms and Conditions, damage to you means any damage suffered by you (including any loss of, or damage to, a Consignment and any other loss, whether or not known to you or us or in either of our contemplation at the time of entering into this Agreement), however it arises but only so long as it is caused by our negligence, breach of duty or other wrongful act or omission (which includes any deliberately wrongful act or omission) and any breach of any the terms of this Agreement, or any terms implied by statute (where applicable);
6.5 We investigate all claims received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and, on that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be performed fairly.
The Extent of our Liability
6.6 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7;
6.7 We shall not be liable to you under any circumstances for any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill) or for any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.
6.8 We shall not be liable to you under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and weights and the actual dimensions and weights.
The Limitation on the Amount of our Liability
6.9 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to you up to the following amounts in the following circumstances:
(a) If we lose or damage all of a Consignment we will be liable for a maximum of £50.00 . If however this maximum figure is greater than the actual value of the Consignment then we shall only be liable for the full value of that Consignment;
(b) If we lose or damage part of a Consignment, the amount of the sum determined under clause 6.9(a) above shall be pro rated down to represent the proportion that the actual value of that part of the Consignment bears to the actual value of the whole Consignment (so, by way of an illustrative example, if the whole Consignment was worth £40 and we lost or damaged one quarter of it, we would only be liable for 25% of the figure, i.e. £10);
(c) If we cause you loss or damage arising in any other way, a maximum of £50.00 will be paid in respect of any next day, international consignment or pallet service, and £100.00 in respect of a same day service.
If you consider that the potential loss to you caused by the loss or damage of all (or part) of a Consignment would exceed the figures set out above you must arrange separate cover or insurance to cover such potential loss and we will assume that you have such arrangements. If you do not do this then we shall not be liable to you for more than the amounts set out above and you shall be responsible for the risks in any amounts not covered through such cover or insurance (or lack of).
6.10 In order to ascertain the extent of our liability above, we shall require proof of the value and weight of the entire Consignment and any part or parts of it which make it up and you must ensure that, prior to drop off or collection of the Consignment, you have a record of these. For the avoidance of any doubt, and without affecting clause 6.9, we shall only be liable for the replacement value of the Consignment (subject to the limits in 6.9) and not for any sums that would amount to profit on the Consignment or applicable value added tax (or like tax) on such profit.
6.11 If a claim arises as a result of damage to the whole or part of a Consignment and if we settle the claim for a sum equal to or greater than the value of the Consignment, then we shall be entitled to claim ownership of the Consignment and deal with it as we see fit. For the avoidance of any doubt, we shall be responsible for the cost of recovery of the Consignment.
6.12 If you wish to combine a number of discrete packages you must do this within an outer box or packaging fully encompassing each discrete package. If you do not do this and any individual discrete package(s) come apart in transit resulting in one or more of them being lost, then once the remaining parcel(s) are signed for by the recipient, you accept that you cannot make a claim for loss or partial loss
of that consignment.
Notification of Claims
6.13 We shall not be liable to you under any circumstances for any loss or damage unless you notify us by written notice of the details of the alleged claim to Unit 402, Milton Keynes Business Centre, Foxhunter Drive, Linford Wood, Milton Keynes, MK14 6GD or via email to email@example.com within:
(a) 14 days of delivery of the Consignment in the case of damage to all or part of a Consignment or loss of part of a Consignment;
(b) and in all other cases (including, but not limited to, loss of the whole of a Consignment) within 28 days from when the Consignment was collected or received by us.
Proof of Condition
6.14 We shall use our best endeavours to obtain a signed proof of delivery (POD) at the time we deliver the Consignment. The recipient must note on the POD whether there is any damage to the packaging and/or goods since otherwise, as between the parties, such receipt shall be conclusive evidence as to the facts of time and delivery and evidence that they were delivered in good condition. Where no indication of damage has been noted, then no subsequent claim for loss or damage can be accepted by us.
6.15 (a) We shall not, in any circumstances, be liable to you for any damage caused arising directly or indirectly as a result of any of the Excepted Risks.
(b) If at any time we are prevented or delayed from starting, carrying out or completing any of the Services because of a strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway or any other cause beyond our control, you shall have no claim for damages against us for any loss that you may suffer as a result PROVIDED that, where the delay is caused by the mechanical breakdown of one of our vehicles, we shall use our best endeavours to provide a replacement vehicle with the minimum delay practicable.
(c) We shall not in any circumstances be liable for any late delivery or missed delivery or failure to deliver caused by or contributed to by any deficient or ambiguous labelling of a Consignment and you agree to be responsible for ensuring that such labelling is clear and unambiguous.
6.16 If our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Your Default”):
(a) we shall (without limiting our other rights or remedies) have the right to suspend performance of the Service(s) until you remedy Your Default and, and we shall have the right to rely on Your Default if Your Default prevents or delays our performance of any of our obligations;
(b) we shall not be liable for any costs or losses that you may suffer that arising directly or indirectly from our failure or delay to perform any of our obligations; and
(c) you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from Your Default.
7. International Carriage
7.1 If we are requested to collect from, or deliver a Consignment to, a country outside of the United Kingdom our terms of liability (subject to clause 7.2 below) shall be governed by the relevant provisions of the Convention on the Contract for International Carriage of Goods by Road as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as amended) (“the CMR Regulations”) and, in particular, articles 17 onwards and those provisions shall be deemed to be incorporated into this Agreement and will apply in place of any inconsistent terms within this Agreement. We can provide a copy of these provisions if requested, but even if these are not requested you will be deemed to have read, understood and agreed to them and their incorporation into this Agreement.
7.2 If the carriage of any Consignment occurs by air travel and involves stopping in a country other than the country of departure then the Montreal Convention as amended shall be generally applicable to such part of the carriage as occurs by air and, in particular, our maximum liability in respect of loss of or damage to any such Consignment during air travel shall be limited to the amount set out in the Montreal Convention [namely £1,870 per ton of the gross weight (i.e. including any and all packaging) of the Consignment].
7.3 We shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through our carriage and/or delivery of any Consignment and you must satisfy yourself as to whether any of these charges will become due and, if so, in what amounts before completing an order with us. If any such charges become due as a result of our carriage and/or delivery of a Consignment on your behalf and are charged to us by any competent authority you agree to reimburse us fully in respect of the same within 7 days of our demand.
8. Your Indemnity
8.1 We shall assume, for the purposes of this Agreement, that you are the sole owner of every item dispatched in the Consignment but if any other person makes a claim against us for loss of or damage to any such items beyond our liability to you then you agree that you shall indemnify us against any losses or liabilities that we suffer through that claim (including all legal costs and expenses) and you agree that we shall have no liability to you in these circumstances, regardless of whether such claims exceed any limitations of liability set out in this Agreement.
8.2 You agree to indemnify us against any losses or liabilities that we may suffer through the loss of, or inability to deliver, a Consignment caused by deficient or ambiguous labelling of such Consignment.
8.3 You agree to indemnify us against any losses or liabilities that we may suffer through a breach by you of any of your obligations set out in clause 10.
9.1 Should the provision of any Service(s) mean that we have to deliver a Consignment on a Bank or other public holiday we shall be entitled to make a reasonable extra charge for any additional costs incurred by us as a result.
9.2 All charges stated, whether by invoice or in the Service Order, shall be exclusive of any applicable value added tax which shall be added to the total sum payable to be repaid by you.
10. Refunds Policy
10.1 Full refunds of payments for services will be issued in the following circumstances:
(a) where a Consignment is lost or stolen (subject to satisfaction of Clause 11.6)
(b) where we are unable to carry out your booking due to a mechanical breakdown (same day only).
10.2 If you cancel your booking prior to dropping into our depot, a full refund will be given less a £3.50 + vat administration fee.
10.3 Cancellations less than 2 hours before the booked pick-up time for same day services will be charged at the full cost of the booking up to a maximum of £50.00+vat. Cancellations made more than 2 hours before the booking time will be refunded in full less a £3.50 + vat administration fee.
10.4 Once a same day consignment has been dropped off or collected NO refund will be issued
10.5 In the event that a timed next-day delivery is late we will downgrade the booking to the next service and refund the difference, (for example, if a 9am service is delivered at 12:30 we will charge for a standard next day service and refund the difference). In all cases we will only refund the difference if the booking is more than 30 minutes late.
10.10 Refunds will only be made to the card which was used to make the booking.
10.11 Only the original booker may request a refund and any refund requests from a third-party will be refused.
11. Your Obligations
11.1 You agree to:
(a) ensure that the information you supply in the Service Order is complete and accurate;
(b) co-operate with us in all matters relating to our provision of the Service(s);
(c) provide us with access to your premises, office accommodation and other facilities as reasonably required by us if any of these are to be the Collection Point or Delivery Point;
(d) provide us with such information and materials as we may reasonably require in order to supply the Service(s) and ensure that such information is accurate in all material respects.
11.2 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
11.3 We will not, without specific separate written agreement, carry: livestock; liquids; perishable goods; glass; gasses; pyrotechnics; arms; ammunition; corrosive, toxic, flammable, explosive, oxidising or radioactive materials. In addition we will not carry any items which are on our “prohibited list"
11.4 We reserve the right to refuse to carry any parcels which are neither your property nor sent on your behalf.
11.5 You understand that:
(a) all Consignments shall be accepted at the Delivery Point and that the recipient shall give our driver an appropriate receipt or signature and you agree that this receipt or signature shall be conclusive evidence of delivery of the Consignment by us. This clause 11.5(a) shall not apply where such receipt is obtained as a result of fraud, collusion or dishonesty on the part of our driver.
(b) if there is a strike by any employees of yours, or the employees of any person receiving delivery, then you agree that our representative shall not be asked to perform any additional duties or any duties of a strike-breaking nature.
11.6 You promise that
(a) the Consignment will be sufficiently and properly packed and labelled so as to be fit to be safely carried, stored, sorted and handled and will comply with all statutory or other regulations for carriage by road, air, rail or sea.
(b) you have read the guidance and/or watched the guidance video [link to packaging page] and considered how it relates to your package(s).
12.1 Unless specifically agreed otherwise, “working days” do not include Saturdays, Sundays or public holidays.
12.2 We will not provide any refund or reduction of charges if we receive less than the number of parcels or if the weight is less than that for which you have contracted.
13. Nature of Agreement
13.1 This Agreement, the Service Order, the CMR Regulations and the Montreal Convention (so far as they are applicable) shall constitute the entire contract between us and you and the contract shall not incorporate, or be deemed to incorporate, any provisions of any other documents. In addition, this contract and the documents referred to above shall supersede any previous contract, warranty or representation made or given by us relating to the Service(s) set out in the Service Order.
14.1 No variation, amendment or cancellation of the terms of this Agreement (other than the Service Order) shall be binding upon us unless and until it is confirmed in writing by a director of us and, for the avoidance of any doubt, it is declared that no person other than a director has authority to negotiate or enter into any commitment on behalf of us which would or might (but for this clause) involve us in any legal liability whatsoever.
15.1 This Agreement will be terminated immediately if the other party breaches any of its obligations under this Agreement.
15.2 On termination of this Agreement for any reason:
(a) in respect of a Consignment which has already been paid for, and which has been received but not yet delivered, we shall deliver such Consignment in accordance with the terms of this Agreement;
(b) in respect of a Consignment which has not been paid for, but which we have received but not delivered, we shall return the Consignment to you.
(c) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination or expiry; and
(d) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
16. Applicable Law
16.1 This agreement and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of
16.2 You irrevocably agree, for our sole benefit that, subject as provided below, the courts of
If any provision of these Conditions is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue in full force.